10. Staff from the Finance Department and the Department assigned responsibility for the Solid Waste and Recycling Division shall meet annually to review purchasing practices and shall propose any identified changes to the City Manager for possible adoption and implementation.
SECTION 3. POLICIES ADMINISTERED BY CITY MANAGER’S OFFICE Policy 3.1: City Manager Approval of Cellular Telephone Reimbursement for Designated Competitive Service Employees
The City Manager may approve a monthly cellular (cell) phone allowance of $45.00 for a Competitive Service employee whose duties, as determined by the City Manager, necessitate access to a cell phone. Employees receiving a cell phone allowance shall be subject to compliance with cell phone standards to be approved by the City Manager.
Such standards shall include, but not be limited to, the cell phone company to be used, the service area, and voice mail and paging capabilities. In addition to the monthly allowance, the City shall reimburse the designated Competitive Service employees up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the established cell phone standards. City Manager approval is required prior to an employee receiving the monthly allowance and the cell phone acquisition reimbursement. Additionally, as a condition of receiving the cell phone allowance, the employee will be required to sign an agreement to provide to the City all City business related cell phone electronic communication records that may be requested by City, in full compliance with the Public Records Act. (Cell Phone reimbursement provisions for Management employees are addressed in the City’s Management Benefits resolution.)
Policy 3.2: Authorization for City Manager to Approve Small Claims Court Filing and Civil Compromise for City Claim against Another Party Having a Value Not to Exceed $510,000.00, and Authorization for City Manager to Allow, Settle and/or Compromise any Claim Filed against the City Having a Value Not to Exceed $50,000.00
It is the City Council’s policy that the City Manager shall have the authority to approve the filing of a small claims court action, with the City as the plaintiff, when money is owed the City. The City Manager shall also have the authority to settle and/or compromise any claim of the City against another party, when the value of the City’s claim does not exceed $510,000.00.
Pursuant to the authority provided in California Government Code 935.4, the City Council authorizes the City Manager by written order to take administrative actions necessary to allow, settle, and/or compromise any claim filed against the City having a value less than $50,000.00, in the quickest most efficient manner possible, including a written order for a warrant to be drawn upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled for an amount not to exceed $50,000.00.
Policy 3.3: Authorization for City Manager to Approve Reduction and/or Exoneration of a Surety with a Value Not to Exceed $10,000.00 118
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It is the Council’s policy that the City Manager shall have the authority to approve in writing the reduction and/or exoneration of a surety with a value not exceeding $10,000, when all work guaranteed by the surety has been completed to the satisfaction of the responsible Department Director. The responsible City Department will initiate research on surety reduction and/or exoneration upon receipt of a written request for such action.
The applicable City Department will then request a copy of the surety records on file with the City Clerk’s Division and verify completion of work guaranteed by the surety. The City Manager will consider reduction and/or exoneration of a surety after receipt of a written recommendation from the responsible Department Director, with a copy to the City Clerk.
Upon receipt of the City Manager’s written approval to reduce and/or exonerate a surety, the City Clerk will take the actions necessary to implement the reduction or exoneration, including but not limited to providing written notification to a bonding company or requesting the Finance Director to re-fund a cash surety.
Policy 3.4: Pre-Qualification of Bidders
1. City Program
The City Manager shall cause to be prepared, the City of Moorpark Bidder PreQualification Program (herein “City Program”). The City Program shall set forth guidelines and procedures related to the pre-qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 (AB574) of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre-qualification model documents promulgated by the State Department of Industrial Relations (herein “DIR”). The City Program shall be maintained and updated as needed, by the City Manager or his/her designee.
2. Applicability
All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000.00) (herein “Project”) shall require the pre-qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre-qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows:
A. The City Manager may waive bidder pre-qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and/or the benefits resulting from, such a waiver; and
B. The City Council may waive these requirements for any Project.
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3. Project Specific Program vs. Annual Program
The DIR “model documents” describe two separate programs: a) one for “project specific” bidder pre-qualification; and b) one for an annual bidder pre-qualification process. The City Program shall set forth a project specific bidder prequalifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder prequalifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents.
4. Evaluation Committee
Pre-qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his/her designee.
5. Appeals Panel
The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. Further appeal shall be to the City Council in accordance with Section 2.04.080 of the Municipal Code.
Policy 3.5: First-Time Home Buyer Affordable Housing Program Periodically, the City will make available for sale one or more attached or detached dwelling units to very low, low, or moderate income persons/households as further defined below as part of its First-Time Home Buyer Affordable Housing Program (Program). This policy sets forth the primary criteria for eligibility for participation in said Program and determining priority for participant selection. This policy also sets forth the primary criteria and parameters for retaining the affordable units as affordable for the longest feasible period, but in no event less than forty-five (45) years; equity sharing requirement upon resale; refinancing; the ongoing responsibilities of the buyers; and establishes the requirement that upon resale the affordable dwelling unit is sold to a City approved buyer in the same income category as the original buyer at the time of the initial sale.
Other criteria to determine participant eligibility and to ensure compliance with this policy, including but not limited to purchase agreement documents, shall be established by the City Manager prior to the advertisement of the availability of one or more affordable dwelling units as part of the Program. The City Manager is also authorized to establish requirements for any and all refinancing and resale and for enforcement of the residency provisions of this policy.
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1. Home Buyer Qualification Guidelines
A. Low Income (less than 80 percent of Ventura County median income based on household size); Very Low Income (less than 50 percent of Ventura County median income based on household size); and when applicable Moderate income (less than 120 percent of Ventura County median income based on household size).
B. First- time home buyers (no previous home, mobilehome, or land ownership within seven years of submitting an application).
C. First priority for City of Moorpark residents who have lived in the City of Moorpark for no less than one year prior to Program application deadline (Category 1). City shall require documentation to verify City of Moorpark residency. Said documentation may include, but not be limited to a rental agreement, utility bill, or tax returns. Only one applicant needs to be a City of Moorpark resident during the past year.
D. Second priority to people who have worked within the City of Moorpark for no less than one year prior to Program application deadline (Category 2).
E. Third priority all others (Category 3).
F. Three percent (3%) minimum down payment, based on the affordable sales price. Down payment must be seasoned into an account no less than ninety (90) days prior to application date.
G. Applicants shall also have an additional three percent (3%) of the affordable sales prices to be used to pay closing costs and fund the impound account.
This requirement can be satisfied by a gift letter, retirement funds (50% of the market value), and/or seasoned funds in the applicants bank account (a combination of these items may also be used).
H. Non-occupant co-borrowers are not allowed and no more than two related or unrelated people can take title of an affordable unit.
I. Applicants shall sign an acknowledgement stating that they have read and understand City Council Policy 3.5 as part of the application submittal.
2. Selection Process
A. Advertisement of program and orientation meetings on City website, City government channel, and distribution of a press release and other means as determined by the City Manager.
B. Mandatory attendance of all interested buyers at an orientation meeting.
Reservations shall be made via email. A copy (hard copy or displayed on a mobile device) of the confirmed reservation and a picture identification are needed to participate in the orientation meeting.
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C. Pre-screening applications are offered at the end of the orientation meetings. A one hundred ($100.00) non-refundable application fee is due at the time the application is submitted to the City for consideration.
D. City-approved lenders shall be used to finance the purchase of the affordable unit(s).
E. City-approved Home Buyer Education required prior to purchase, and Cityapproved post-purchase home owner workshops (foreclosure intervention, predatory lending, etc.) required after close of escrow. City will retain five hundred dollars ($500.00) at the close of escrow from the buyer. City will release the five hundred dollars ($500.00) to the buyer if the post-purchase home owner workshop has been completed within one year of the close of escrow.
F. A public lottery drawing shall be conducted for residential developments with affordable units. Applicants may participate in the lottery process for more than one development or request the first available unit. Applicant shall take the first available unit, including a resale unit. Each lottery will consist of three “mini-lotteries” for the three priority categories listed in Section 1 of this policy. Categories will be exhausted before moving to the next category (Category 1 first, followed by Category 2, followed by Category 3).
G. The income category for an applicant shall be determined when the application is reviewed, prior to the lottery. If an applicant’s personal, financial or other circumstances change and it is later determined they are no longer eligible in that income category, then they shall no longer be eligible for any units that might be available during the applicable lottery drawing period.
H. The household size for an applicant shall be determined when the application is received, prior to the lottery. The applicant shall provide names, relationship to applicant and other requested information of each household member as part of the application. Except for birth or adoption of a minor child, no changes to household size or members shall be allowed prior to close of escrow.
I. Except for minor children subject to a court order for joint custody, any discrepancies of the dependents listed on the applicant’s federal taxes and the household occupants listed on the application shall be cause for the application to be denied and applicants to be disqualified from further participation in the Program. The applicant shall be informed in writing of such disqualification.
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3. First-Time Home Buyer Affordable Housing Program Participant Exclusion List A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members.
B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, and Citizens Transportation Advisory Committee, and Teen Council.
C. All City employees in non-competitive service (management positions).
D. Financial institutions participating as lenders for the Home Buyer Program.
E. Developers and Developer’s General Contractor(s) for specific projects they developed or constructed that contain 1 or more affordable units.
F. Developer’s subcontractors, subsidiaries, partnerships, and affiliates, including but not limited to title, escrow, and lending companies.
G. City contractors involved with City/Successor Housing Agency First-Time Home Buyer Affordable Housing Program and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include title and escrow companies, contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors.
H. Family members of A – G above are excluded for all of the above-listed participant exclusions. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, step-brother, step-son, step-daughter, step-grandchild, step-mother-in-law, step-father-in-law, step-brother-in-law, and step-sister-in-law.
4. Housing Pricing, Selection of Units, HOA Reimbursement, and Refinancing A. Units will be priced based on Affordable Housing Cost for the family size appropriate to the unit (Section 50052.5, b-c and h), regardless of size of actual household:
3 bedroom unit priced for a household of 4
4 bedroom unit priced for a household of 5
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B. Resale price for affordable units will be based on Affordable Housing Cost at time of resale. Affordable Sales Price is not based on market price at initial sale, or at resale. (City will provide this information to homeowners in this Program on an ongoing basis.) A resale of the affordable unit shall be required when two unrelated people are on title and one would like to sell their interest within three (3) years after the close of escrow. If one of the owners on title would like to remain in the affordable unit and they have occupied the affordable unit for three (3) or more years, the remaining owner would need to be re-qualified at the income category (moderate, low, or very low) the unit is designated without adding another coborrower/buyer. If the remaining owner no longer qualifies, the unit will need to be sold to another qualified, City approved buyer. In the event of a divorce, one of the owners may retain the affordable unit without requalifying at the designated income category upon providing court approved documentation identifying disposition of the affordable unit. In this situation, the City will allow a refinance so that the departing owner may receive their share of the equity if the owners are in compliance with all conditions and requirements of this policy to the sole satisfaction of the City. The amount of the refinance shall not exceed the current affordable sale price minus twenty thousand ($20,000.00) dollars (a cash out refinance is only allowed in a divorce situation).
C. Applicants will be assigned a unit in their income category based on household size, following conditional loan approval. Household size will be determined at the time of receipt of application. At its discretion, the City may assign a unit with more bedrooms than the applicant would otherwise be eligible for, if it is the last unit that is available during the applicable period of the Priority List.
D. Home Owner’s Association (HOA) dues reimbursement. Program participants shall be eligible for reimbursement of monthly HOA dues for the amount over one hundred ($100.00) or two hundred ($200.00) per month, depending on the project Development Agreement language, for the maintenance of common areas in the following manner:
1) Program participants of homes purchased prior to July 1, 2015 were eligible for HOA dues reimbursement through June 30, 2016, and are no longer eligible.
2) Program participants of homes purchased after July 1, 2015 shall be eligible for HOA dues reimbursement for a period not to exceed thirty-six (36) months from the date of purchase (close of escrow). 3) Reimbursements shall be made on a quarterly basis (3 months at a time) and proof of dues payment must be submitted for
reimbursement within six (6) months of the month within which it was due (e.g. January dues must be requested by June 30th). The following items are required for reimbursement: Copy of cancelled 124
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check (front and back) with name and the address of the property, or bank statement showing owner name and the debit from the account, and a copy of invoice(s) from the HOA showing the dues payment and no past due balances. No reimbursement will be made for penalties or late fees.
4) HOA reimbursements shall terminate if reimbursement requests have not been submitted during a twelve (12) month period.
E. Refinances and Additional Deeds of Trust. The written consent of the City Manager shall be required prior to any refinancing of any loan secured by a deed of trust on the affordable unit. The City shall allow refinancing of the first deed of trust under certain circumstances, but will not allow any junior deeds to the City’s loan. All refinances will be subject to the current rules and regulations at the time of the refinance. The City shall not have the right to exercise its option to purchase the affordable unit in such event, but any refinances (as defined below) shall be consistent with the following provisions and other requirements established by the City Manager:
1) The City will not unreasonably withhold approval of a refinancing if it meets the following criteria:
a) If the refinancing occurs not sooner than three (3) years after the initial closing;
b) If the Owner is not receiving a cash payment or payment of consumer debt from the equity in the affordable unit; and c) If the Owner has maintained a good credit history and satisfactory performance under the City’s First- Time Home Buyers program, in the judgment of the City Manager or his or her designee.
F. Equity Share. In the event of a re-sale of the affordable unit, where as a result of an increase in the Ventura County Median Income and there is a net amount of sale proceeds remaining after the payment of the first mortgage, credit for principal reductions of the first mortgage, and Seller’s original down payment, such net proceeds shall be distributed as follows:
1) Seller will receive the first $20,000.
2) The remaining equity shall be split one-third to seller and two-thirds to the City provided that the City’s share of appreciation will not as a percentage exceed the principal amount of the second loan amount divided by the appraised market value of the property at time of initial origination. Any appreciation that exceeds the above described percentage will go back to the buyer.
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5. Primary Residence and Rental Prohibition
All buyers shall occupy the affordable unit as their primary residence at all times.
No portion of the affordable unit shall be rented or leased for any period of time.
This includes but is not limited to written or verbal agreements for renting or leasing a room or accepting other forms of payment to allow one or more persons other than those listed on the application to reside at the unit.
6. Title to Real Property
Applicants shall take title of the affordable unit as joint tendency. Any change to title not preapproved by City Manager in writing will result in a sale of the affordable unit.
7. City Staff Authority
A. The City Manager is authorized to interpret this policy as needed and to execute all affordable housing project deferred loan agreements and repayment documents for all affordable housing projects for which the City will own an equity share. The City clerk is authorized to accept interest in real estate secured by any Deed of Trust associated with this program.
B. The City Manager is authorized to exclude First Time Home Buyer Program participants from applying in future rounds of the program if they are found to have omitted or supplied false or misleading information on any application to participate in the program.
C. Upon owner misrepresentation or the default or breach of any covenant or agreement in the Promissory Note, the Resale and Refinance Restriction Agreement and Option to Purchase Property or the City Second Mortgage Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by the Deed of Trust, the City, at its option, may pursue the following remedial steps and actions, in addition to any other remedies provided by the above-mentioned documents or at law. The City will send notice to the borrower specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is effective, by which such breach is to be cured; and (4) that failure to cure such breach on or before the date specified in the notice shall, at the option of the City, result in acceleration of the outstanding sums under the Promissory Note (i.e., the entire sum owing on the Promissory Note becoming immediately due and payable.) If after those procedures such sums are not paid, then the City may, at its option commence the process for non-judicial foreclosure of the property. The notice and opportunity to cure shall not apply to defaults that are not curable, the failure to pay the sums due upon acceleration, or to a transfer that violates restrictions on transfers (such as a sale to a person or persons who is not a purchaser preapproved by the City.)
Policy 3.6: Appointment of Personnel Officer
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The City Manager may by letter designate a qualified city employee to exercise any of the powers and perform any of the duties conferred upon him/her as Personnel Director to the Personnel Officer for administering the City’s Personnel System pursuant to Chapter
2.56 of the Moorpark Municipal Code and Sections 1.37 and 2.1 of the City Council Resolution adopting Personnel Rules for Competitive Service Employees. The letter of appointment shall be filed in the appointee’s personnel file with a copy to the City Council and City Clerk.
Policy 3.7: Distribution, Use, and Reporting of Tickets or Passes Given to City
1. Purpose.
The purpose of this policy is to establish a City of Moorpark procedure for the City’s distribution, use, and reporting of tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose in compliance with Section 18944.1 of the Regulations of the Fair Political Practices Commission (“FPPC”) in Title 2, Division 6, California Code of Regulations. Section 18944.1 sets forth the circumstances under which a public agency’s distribution of tickets or passes, for which no consideration of equal or greater value is provided by the public official or employee, does not result in a gift to the public official or employee. Tickets or passes for admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose, distributed and accounted for in compliance with this policy and FPPC Regulation 18944.1, will not be considered as gifts to the City officials and employees who make use of such tickets or passes.
2. Definitions.
Unless otherwise expressly provided herein, words and terms used in this policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code section 81000, et seq., as the same may from time to time be amended) and the Regulations of the FPPC in Title 2, Division 6 of the California Code of Regulations (Sections 18110 et seq., as the same may from time to time be amended).
A. “City” or “City of Moorpark” shall mean and include the City of Moorpark and any other affiliated agency created or activated by the Moorpark City Council, and any departments, boards, and commissions thereof.
B. “City Official” means every member, officer, employee or consultant of the City of Moorpark, as defined in Government Code Section 82048 and FPPC Regulation 18701. Such term shall include, without limitation, any City Council member, City commission member, or other appointed official, employee, or consultant required to file an annual Statement of Economic Interests (FPPC Form 700) with the City.
C. “City Venue” means and includes any facility owned, controlled, or operated by the City of Moorpark.
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D. “Event” means admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose.
E. “Immediate family” means the spouse and dependent children.
F. “Ticket” shall mean any ticket or pass which provides any form of admission privilege to an Event.
3. Application of Policy.
A. This policy applies to Tickets provided to a City Official by the City, which provide admission to an Event, which Tickets are:
1) Gratuitously provided to the City by an outside source; 2) Acquired by the City by to purchase at fair market value; 3) Acquired by the City as consideration pursuant to the terms of a contract for the use of a City Venue;
4) Acquired by the City because the City controls the Event; or 5) Acquired and distributed by the City in any other manner.
B. This policy does not apply to any Ticket provided to a City Official by a source other than the City for admission to an event at which the City Official performs a ceremonial role or function on behalf of the agency; or which Ticket is earmarked by the original source for use by the City Official who uses the Ticket.
C. This policy does not apply to any other item of value or benefits provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided. (For example food, beverages, or other items provided to a City Official at an Event are subject to the disclosure and reporting requirements applicable to gifts.)
D. This policy shall supersede any other inconsistent City written policy applicable to distribution, use, and/or reporting of Tickets.
4. General Provisions.
A. Purpose: The purpose of this policy is to ensure that all Tickets provided to the City shall be distributed in furtherance of public purposes.
B. No Right to Tickets: The use of complimentary Tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.
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C. Limitation on Transfer of Tickets: Tickets distributed to a City Official pursuant to this policy shall not be transferred to any other person, except to members of such City Official’s immediate family solely for their personal use.
D. Prohibition against Sale or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this policy shall sell or receive reimbursement for the value of such Ticket, and shall not give such Ticket to anyone other than a member of such City Official’s immediate family for their personal use.
5. Ticket Administrator.
A. The City Manager or his/her designee(s) shall be the Ticket Administrator for purposes of implementing the provisions of this policy.
B. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this policy. All requests for Tickets that fall within the scope of this policy shall be made in accordance with the procedures established by the Ticket Administrator.
C. The Ticket Administrator shall determine the face value of Tickets distributed by the City for purposes of Sections 6.A, 6.B, and 8.A. (subparagraph 4), of this policy.
D. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this policy.
6. Conditions under which Tickets May be Distributed.
Subject to the provisions this policy, complimentary Tickets may be distributed to City Officials under any of the following conditions:
A. The City Official reimburses the City for the face value of the Ticket(s). 1) Reimbursement shall be made at the time the Ticket(s) is/are distributed to the City Official.
2) The Ticket Administrator shall, in his or her sole discretion, determine which Event Tickets, if any shall be available under this section.
B. The City Official treats the Ticket(s) as income consistent with applicable federal and state income tax laws.
C. The City distributes such Ticket(s) to or at the behest of, an official in order to accomplish a public purpose. The following is a list of public purposes the City may accomplish through the distribution of Tickets:
1) Performance of a ceremonial role or function representing the City at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family. 129
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2) The job duties of the City Official require his or her attendance at the Event, for which the City Official may receive enough Tickets for the City Official and one member of his or her immediate family. 3) Economic or business development purposes on behalf of the City. 4) Intergovernmental relations purposes, including but not limited to attendance at an Event with elected or appointed public officials from other jurisdictions, and/or their staff members.
5) Attracting or rewarding volunteer public service.
6) Supporting and/or showing appreciation for programs or services rendered by non-profit organizations benefiting Moorpark residents. 7) Encouraging or rewarding significant academic, athletic, or public service achievements by Moorpark students, residents, or businesses.
8) In support of the City’s employee recognition program for the purpose of attracting and retaining highly qualified employees in City service, as special recognition or reward for meritorious service by a City employee, and/or in connection with a City employee competition or drawing, for which such employee may receive no more than four (4) Tickets per Event.
7. Tickets Distributed at the Behest of a City Official.
A. Only the following City Officials shall have authority to behest Tickets: City Council Members, the City Manager, and Department Directors.
B. Tickets shall be distributed at the behest of the City Official only for one or more public purposes set forth in Section 6.C, above.
8. Disclosure Requirements.
A. Tickets distributed by the City to any City Official either for which the City Official treats as income pursuant to Section 6.B, above, or for one or more public purposes described in Section 6.C, above, shall be recorded on a form provided by the FPPC, maintained as a public record, and forwarded to the FPPC for posting on its website within thirty (30) days after distribution. Such posting shall include the following information:
1) The name of the recipient, except that if the recipient is an organization, the City may post the name, address, description of the organization and number of Tickets provided to the organization in lieu of posting the names of each recipient;
2) A description of the Event;
3) The date of the Event;
4) The face value of the Ticket;
5) The number of Tickets provided to each person;
6) If the Ticket was distributed at the behest of a City Official and the name of the City Official who made the behest; and
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7) A description of the public purpose(s) under which the distribution was made, or alternatively, that the City Official is treating the ticket as income.
B. Tickets distributed by the City for which the City receives reimbursement from the City Official as provided under Section 6.A, above, shall not be subject to the income reporting provisions of Section 6.B. and the FPPC website disclosure provisions of Section 8.A.
C. Following adoption, this policy shall be posted on the City’s website in a prominent fashion.
Policy 3.8: Right-of-Way Acquisition Process
1. For capital projects approved by the City Council, the City Manager shall have authority to:
A. Execute documents and otherwise administer the right-of-way acquisition process required to complete the acquisition of street rights-of-way, including all related easements; and
B. Authorize payment of amounts for acquisition, consistent with the values set forth in a City Manager approved Appraisal Report and City Council approved budget appropriations.
2. Should it become necessary to initiate eminent domain proceedings for any such right-of-way acquisition, the matter shall be brought to the City Council for authorization to initiate such proceedings.
Policy 3.9: Authorization for City Manager to Approve Employment Agreements and Retirement Incentive or Separation Settlement Agreements The City Manager shall have the authority to require and approve an employment agreement for a new management employee and prior to promotion or reclassification of a current management employee, consistent with the authority granted in Chapter 2.12, City Manager, and Chapter 2.56, Personnel System, of the Moorpark Municipal Code, and consistent with the provisions of State law, including but not limited to California Government Code Section 3511.2 and Section 53243 et seq. and any section amendatory or supplementary thereto. For a promotion of an employee with an existing employment agreement, the City Manager shall have the authority to approve retaining prior employment agreement language for continuing grandfathered benefits that do not conflict with the City’s Management Benefits Resolution and State law.
The City Manager shall have the authority to approve a retirement incentive agreement or a separation settlement agreement for an employee that may include a mutual general release for a total value not to exceed $10,000. A retirement incentive or separation settlement agreement for a higher amount shall require City Council approval. This policy does not apply to a claim settlement, which is addressed in Policy 3.2. 131
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Policy 3.10: Safe Harbors Adoption and the Affordable Care Act (ACA) The purpose and intent of this policy is to address the Patient Protection and Affordable Care Act (“ACA”) which was enacted on March 23, 2010. The City has shared responsibility as an employer under the ACA and is required to report on health insurance coverage per the guidelines of the ACA and the Internal Revenue Code. The City of Moorpark is considered a large employer under the ACA and Section 4980H of the ACA imposes an assessable payment on an applicable large employer when in violation of the ACA. The City intends to use the affordability safe harbors as contemplated in the final regulations and to use good faith efforts to comply with legal requirements under the ACA even though such final regulations have not yet been fully developed.
1. The City hereby establishes the Look Back Measurement Method Safe Harbor with regard to all employees for the purpose of identifying full-time employees for IRS reporting purposes relating to the Assessable Payment.
2. The City does not establish the Look Back Measurement Method Safe Harbor for the purpose of determining eligibility for an offer of medical coverage as to any employee. All represented employees’ eligibility for an offer of medical coverage shall be governed by the terms of any applicable memorandum of understanding.
3. For each reasonable category of employees, the City in its sole discretion, but on a uniform and consistent basis for all of the employees in a reasonable category, will apply one of the three affordability safe-harbors (i.e. Form W-2 Safe Harbor, Rate of Pay Safe Harbor, or Federal Poverty Line Safe Harbor) to determine the affordability of the minimum value coverage that it may, if applicable, offer to its full-time employees.
4. The City Council hereby delegates the following Safe Harbors Adoption and the Affordable Care Act (ACA) authority to the City Manager, including his/her designee(s) to approve operational procedures:
A. Creation of an ACA administrative procedure that establishes measurement, administrative, and stability periods; governs the measurement and tracking of employees’ hours of service; and/or otherwise establishes procedures in accordance with Section 4980H to comply with the Look Back Measurement Method Safe Harbor.
B. Establishment of the administrative procedure to comply with any of the three affordability safe harbors in accordance with and as permitted by Section 4980H.
C. Ability to modify the administrative procedure to ensure the City’s compliance with Sections 4980H and 6056 of the Internal Revenue Code.
D. Authority to approve additional City contributions towards health insurance as is required to keep the employee payment affordable under the ACA. 132
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Policy 3.11: Payment Arrangement Policy
1. The City Manager is responsible for implementing this policy.
2. Purpose.
The Moorpark Municipal Code designates circumstances where the City Manager is authorized to waive costs and expenses relevant to administrative citations and public nuisance cases. It is the intent of this policy to extend the City Manager’s authority to make payment arrangements.
3. Policy Regarding Payment Plan.
The City Manager is hereby granted authority to establish a payment plan or arrangement with a person or entity requesting a payment arrangement in order to pay administrative citation fines and the costs and expenses associated with public nuisance cases, and enter into a payment agreement with that person or entity.
The maximum term of the payment arrangement shall not exceed 12 months. The Finance Department is responsible for tracking the payments required by the payment agreement until the amount is paid in full. The City Manager’s authority to enter into a payment agreement is not subject to the City Manager’s contracting authority limits as set forth in Section 2.12.120.
4. Persons Ineligible for Payment Arrangements.
A. Members of the Moorpark City Council, Moorpark Planning Commission, Moorpark Parks and Recreation Commission, Moorpark Arts Commission, and Library Board Members.
B. Mayor and City Council appointees including but not limited to Air Pollution Control District Advisory Committee, Area Housing Authority, Senior Center Advisory Committee, Area Agency on Aging, Citizens Transportation Advisory Committee, and Teen Council.
C. All City employees in Non-Competitive Service (management positions).
D. Any and all City contractors and affiliates of these City contractors, as determined by the City Manager on a case-by-case basis, which may include contractors, subcontractors, subsidiaries, partnerships, and affiliates of these City contractors.
E. Family members of A. – D. “Family members” is defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-in-law, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall 133
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be defined to include non-blood relatives as a result of a subsequent marriage or domestic partnership, commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, stepbrother, step-son, step-daughter, step-grandchild, step-mother-in-law, stepfather-in-law, step-brother-in-law, and step-sister-in-law.
SECTION 4. POLICIES ADMINISTERED BY COMMUNITY DEVELOPMENT
DEPARTMENT
Policy 4.1: Temporary Use Permit Fee Waivers
1. Once each calendar year, a City of Moorpark organization having non-profit status may apply for and be granted a temporary use permit fee waiver for one event.
2. The Community Development Director shall waive a Temporary Use Permit Fee pursuant to this policy after an eligible organization has submitted: a) a completed temporary use permit application; b) a request for fee waiver; and c) proof of nonprofit status.
3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales.
4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration.
Policy 4.2: Refunds for Business Registration
The City will not issue refunds for business registration permits.
Policy 4.3: Code Compliance Program
1. Program Objective:
The objective of this Code Compliance Program is to create a clear, concise guide to achieve compliance with the Moorpark Municipal Code. This Program is designed to promote code compliance through public awareness.
2. Program Purpose:
The Moorpark Municipal Code sets minimum property maintenance standards for health, safety, welfare, aesthetics and compliance with development standards and conditions of entitlement approvals. Code Compliance staff will be assigned a structured schedule for visits to the City’s industrial, commercial and residential neighborhoods to insure compliance with the Municipal Code in such areas as:
Unkempt yards and overgrown vegetation
Junk, litter, and debris/illegal dumping
Storage of inoperable vehicles
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Unpermitted outdoor storage
Abandoned or unsafe buildings
General property maintenance issues (broken windows, deteriorated roofs, hazardous properties, broken plaster, peeling paint)
Excessive noise
Illegal signs and banners
Keeping of animals/farm animals in excess of allowed numbers Garage conversions and other unpermitted occupancies
Structures constructed without a City permit
Grading without a City permit
Adherence to entitlement permit conditions, if applicable In addition to a regular schedule, occasional weekend and evening work may be needed to address unique code compliance concerns that are not visible or are not occurring during regular hours of work. The Community Development Director (Director) is responsible for the Code Compliance Program. The Director may designate other staff for supervision and implementation of the Program.
3. The Work Program:
This work program is divided into four major categories:
Administration
Public Awareness
Prosecution
Safety
A. Administration.
The Director is responsible for and administers the Code Compliance Program. In that regard, Code Compliance staff, including any assigned supervisor, is the direct line staff responsible for the implementation of the Code Compliance Program. Standard forms, letters and documents are used to assure consistency in administration. These forms, letters and documents, as approved by the Director, are based upon four types, 1) Investigation Report, 2) Compliance Request Letters, 3) Administrative Citations and 4) City Attorney Letter. The Director may issue additional procedures and guidelines to implement and clarify as determined necessary.
1) Investigation Report: The Investigation Report (as approved by the Director) is used to document the report of a code compliance request and to document ongoing staff actions. A request may be made by telephone; electronic mail; traditional mail; in person or through a field contact; or by city staff, Council or an appointed Committee or Commission member. The identity of the reporting party is considered by the City to be confidential information; however, if the investigation leads to the filing of a court case, it may be determined by the City Attorney to be discoverable. Upon receipt of a code compliance request, an Investigation Report is prepared. 135
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The purpose of the Investigation Report is to document a potential violation. Once the request has been made it is logged in and staff schedules a field visit to ascertain if a violation exists. If the staff determines that a violation does not exist, the complainant may be informed by telephone, email, or by traditional mail. If a code violation is determined, a Code Compliance Case Number will be assigned, a file created, and a Notice of Violation sent to the property owner or responsible party. Contact with the property owner or tenant may be made at the time of the field investigation if the Director or his/her designee has determined it to be necessary and appropriate. The reporting party may only be informed that a case has or has not been opened, but may not be given any other information with respect to details on the violation(s) or remedy, unless the reporting party is a City employee, contract employee of the City, Police Department employee, Fire Department employee, or other public employee and the report was made in the employee’s official capacity as a public servant. All information will be entered into the Code Compliance Log utilizing City approved software. 2) Compliance Request Letters: There are a series of form letters, (as approved by the Director) which are used to inform property owners regarding Municipal Code violation(s) and the progressive course of action to obtain voluntary compliance. The Notice of Violation is initially sent to indicate that a violation has been verified by the City and voluntary compliance is requested by a specific date, generally within a thirty (30) calendar day time period, depending upon the extent of the violation. A second Notice of Violation may be sent, depending on the circumstances and the extent of the violations. If compliance is achieved within the given period, or within an alternative time period mutually agreed to after the first contact, a Notice of Compliance is sent and the case is closed. If voluntary compliance is not achieved, a Notice of Office Hearing is sent setting a date for an Office Hearing, and reminding the responsible party that voluntary compliance is desired. The Office Hearing purpose is to work out a plan of action directly with the property owner in order to obtain compliance and to recover City costs, where possible. A Follow-up letter is sent after the Office Hearing, documenting the agreed to plan of action. If compliance is still not obtained, an Administrative Citation is issued, or permission to recommend filing of legal action is requested from the City Council (See “Prosecution” below). If City Council authorizes legal action, Notice of Pending Court Action is sent to the property owner, certified mail, return receipt requested.
3) Administrative Citations: The Administrative Citation process can effectively be used in cases of repeat offenders, egregious violations, or non-static violations, such as vendors and peddlers. When authorized by the Director, Code Compliance staff may issue an Administrative Citation. If the violator fails to comply with the Code 136
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within a reasonable period of time after the initial Administrative Citation, additional Administrative Citations could be issued until compliance is achieved.
4) City Attorney Letter: A letter prepared by the City Attorney signals to the violator the final opportunity for compliance prior to prosecution.
This letter advises that the case has been turned over to the City Attorney, and includes a final compliance date has been set, a warning that legal remedies will thereafter be sought, and a warning that a Notice of Violation will be recorded against the property to give prospective future buyers constructive notice that a violation exists on the property at the time of sale.
B. Public Awareness.
Violations of the Municipal Code occur due to at least two factors, i.e. the laws are not clear or are not generally known. Pamphlets to inform the public have been prepared, in English and Spanish, on specific topics including, but not limited to garage conversions, property maintenance, grading, signs, and temporary events. These pamphlets are available at City Hall public counter, on the website, and through personal distribution.
The City newsletter may be used to advertise the availability of these pamphlets and periodically publish articles on code compliance issues. The City cable channel may also be used to provide information regarding code compliance.
C. Prosecution.
When all administrative and awareness remedies have been exhausted without achieving compliance; the case will be submitted to the Director, who will confer with the City Manager and City Attorney to evaluate the merits of a case prior to presenting it to the City Council. If the City Council concurs with the findings of the Director that the case should be pursued, the City Council will make a determination as to whether to recommend that the City Attorney seek a civil remedy (injunction, nuisance abatement, etc.) or to submit the case to the City Attorney for possible criminal prosecution.
Once a case is turned over to the City Attorney’s office for prosecution, the City Attorney’s office will be responsible for managing the case, with support from the Code Compliance staff as requested by the City Attorney’s office.
The City Attorney will review the case to determine whether sufficient probable cause exists prior to filing any criminal action and may also be authorized by the City Council or City Manager to seek a Civil Compromise in lieu of a prosecution. The Civil Compromise is a binding agreement between the City and the violator, where the violator agrees to remedy the violation within a certain period of time and reimburse the City for staff costs, attorney costs and other administrative costs. After City Council’s election to recommend a case for prosecution, Code Compliance staff will prepare a draft complaint for the supervisor, Director, and City Attorney to 137
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review, revise and file with the Superior Court. Upon acceptance by the Superior Court, an arraignment is scheduled. Prior to arraignment, the City Attorney and the party responsible for the violations may hold a meeting to discuss the case. Staff from the City Attorney’s office shall coordinate with the Director or his/her designee to determine if any Code Compliance staff need to be present at this meeting. At the arraignment, the responsible party may request a continuance to work out a plan of action with the City, plead guilty and agree to a plan of action, or plead not guilty. In those circumstances when a not guilty plea is entered, the case is held over for trial.
D. Safety.
The Code Compliance staff, including any assigned supervisor, are responsible for minimizing risk of personal harm by avoiding entering potentially dangerous buildings or potentially dangerous situations in the field, including but not limited to a building which appears structurally unstable or has visible unstable building elements; buildings with strong odors, including but not limited to a potential natural gas leak or gasoline spill, or the odor of a deceased animal or person; and properties with known residents with a criminal history or gang affiliation, which may represent risk of harm to a City employee without Police escort. If a building or situation has a reasonable probability of being dangerous, the Code Compliance staff shall not proceed with an inspection until the Director or his/her designated code compliance supervisor has arranged for escort by Police, Fire, or Building and Safety staff as appropriate. The Code Compliance staff shall not enter a building that appears structurally unsafe, and shall use appropriate protective equipment in buildings that appear structurally safe but have conditions that warrant the use of protective equipment, such as apparent lack of sanitary conditions, which may include solid waste accumulation. City-provided protective equipment such as a hard hat, work gloves, and a face mask shall be used as appropriate in such situations.
Code Compliance staff shall not carry any legal or illegal weapons, such as a gun, knife, pepper spray, mace, club, etc., or carry tools that may appear as weapons. The appropriate response to a situation that is perceived to be potentially dangerous, or becomes dangerous, is to exit that situation and call 911.
4. Community Outreach Programs:
To increase public awareness, decrease code compliance calls, and increase efficiencies in code compliance the following programs will be periodically implemented.
A. Solid Waste Refuse Bill Inserts and/or City Newsletter Articles: This program would periodically insert public information regarding code compliance, such as awareness of the dates each year that unlimited dumping is permitted at the landfill and the number of times per year that 138
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scheduled free pick up of large items may be arranged. Greater awareness of this kind of refuse program may decrease the amount of illegal dumping and property maintenance issues.
B. Managed Enforcement/Neighborhood Development (MEND): MEND would be implemented to maintain the quality of our neighborhoods. Experience has shown that over time, if left unchecked, small problems develop into major problems that can result in neighborhood decline. The MEND Program is designed to identify problems and intervene early for compliance. MEND would provide proactive awareness and compliance within residential and commercial neighborhoods taking a coordinated multiagency approach focusing first on existing nuisance properties, one neighborhood at a time. Representatives from Code Compliance, Police, Fire, Building and Safety, Community Services and Public Works would participate in the Program. Staff would develop an inspection schedule for each residential, commercial and industrial neighborhood, eventually covering the entire City.
C. Community Outreach: Community outreach would be a program to meet with community groups at least annually to discuss the code compliance process, and identify the most common types of violations and what permits are required for various activities. The Code Compliance staff, supervisor, and/or the Director would offer to meet with homeowner association boards, the Chamber of Commerce Board, merchant groups, service clubs and the like as needed to educate its members on the City’s Code Compliance Program, how it works, and why it is beneficial to the City. Copies of business cards and other material such as Code excerpts and pamphlets would be made available.
Policy 4.4: Street Naming
The Community Development Director, in consultation with the City Manager and in conjunction with the Ventura County Fire Department shall determine street names for recommendation to the City Council. All street names shall be approved by the City Council prior to approval of a final subdivision map. The following criteria shall be used:
North/South streets shall be designated as avenues or roads; East/West streets as streets or drives; and cul-de-sacs as circles, courts or places.
Policy 4.5: Enforcement of Section 8.14.140 (Prohibition Against Maintaining Graffiti on Private Property) of the Moorpark Municipal Code on Properties Maintained for Single-Household and Two-Household (Duplex) Residential Use
In recognition that graffiti removal can be an excessive burden on residential property owners, additional steps in code compliance will be taken to assist these property owners in removing the graffiti as follows:
1. A standard code compliance letter will be sent to the owner of property maintained for single-household or two-household (duplex) residential use indicating the 139
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timeframe by which the graffiti must be removed consistent with Section 8.14.140 of the Moorpark Municipal Code:
For graffiti that can only be seen from a public alley or from public or private property not accessible by the general public, twenty-one (21) days from the date the notice is mailed, shall be given to abate the graffiti. In all other cases, five (5) days from the date the notice is mailed shall be given to abate the graffiti;
2. If the property owner has not abated the graffiti within the timeframe stated in the letter, code compliance staff will attempt to contact the property owner in person or by telephone to discuss the matter and arrange for a date by which the property will be brought into compliance. If personal contact is unsuccessful, a standard second code compliance letter will be sent to the property owner. Once contact has been made or a letter has been sent, City staff will allow seven (7) days for the graffiti to be abated before taking further action consistent with Policy 4.3; and
3. Community Development staff will assemble and maintain a list of volunteer organizations and individuals who are willing to abate graffiti on private property.
The list will include a disclaimer prepared to the satisfaction of the City Manager and City Attorney that the City will assume no responsibility for any work performed by the listed volunteers and any agreement between the property owner and the volunteers is a private matter. The list will be provided to the property owners if, in their contact with City staff, there is an indication that assistance is needed in abating the graffiti.
Policy 4.6: Designation of Community Events per Health and Safety Code Section 113755
1. The Community Development Director, or designee, is hereby authorized to designate a specific event as a Community Event, within the meaning of Section 113755 of the California Health and Safety Code for purposes of compliance with Environmental Health regulations pertaining to Temporary Food Facilities.
2. In order to qualify as a Community Event, the event must be open to the general public, and shall have a civic, political, public, or educational nature, as determined by the Community Development Director, or designee. For the purposes of this policy, “public” nature shall include, but not be limited to purposes such as providing entertainment to the public, social interaction, and attracting business to the City.
3. The designation of an event as a “Community Event” is separate and independent from the City’s Special Event Permit application process, which may also be required for the event and shall be considered on its own merits. Receiving a “Community Event” designation does not obligate the City to approve a Special Event Permit application for the same event.
4. A “Community Event” designation shall be valid only for the location, time period, and operational parameters specified in the Community Development Director’s 140
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designation, which may include designation of a recurring annual event for multiple years, at the Director’s or designee’s discretion.
5. The Community Development Director may revoke a Community Event or Community Event Venue designation upon a finding that the specific event or location does not comply with the policies herein or administrative regulations promulgated by the Director under the authority granted herein.
6. The City’s designation of an event as a “Community Event” does not replace or supersede the County of Ventura, Environmental Health Division’s separate and independent authority over Temporary Food Facility Permit applications.
7. The Community Development Director is authorized to establish appropriate administrative procedures to consider and decide requests for designation of a Community Event.
SECTION 5. POLICIES ADMINISTERED BY FINANCE DEPARTMENT
Policy 5.1: Meeting, Training, Conference, and Professional Association Membership Expense Reimbursement
On various occasions it will be necessary for City officials, elected and appointed, and staff to attend meetings, seminars, training, and/or conferences on City business, and join professional associations related to the business of the City. Such occasions fall basically into the following categories:
1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations;
2. Meetings/Seminars/Training Sessions which Require Lodging;
3. Staff Travel – Special Meetings or Training for which Funds Are Not Appropriated;
4. Legislative Body Authorized Expense Procedures; and
5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees.
This policy is intended to identify the procedures for receiving approval for travel and reimbursement of expenses. The City Manager may issue further rules for City employees that are consistent with this policy. Cash advances to employees are not allowed.
1. Meetings/Seminars/Training Sessions, which do not Require Overnight (Lodging) Accommodations (one day or less and return)
A. The costs of registration, meals, parking and mileage for private vehicle use are allowable City expenses, and Departments Heads, Assistant City 141
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Manager, and City Manager shall be required to pre-approve City reimbursement for employees they supervise.
B. Department Heads, Assistant City Manager, and City Manager may not approve attendance unless funds have been budgeted and are available for the subject purpose.
C. Wherever possible, registration fees will be paid in advance by the City.
The individual attending shall typically advance mileage and parking costs.
D. Upon return to the City, the individual attending shall complete a petty cash reimbursement form for total costs less than $100.00, or a “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) when total costs exceed $100.00. The reimbursement form shall be submitted to the Department Head, Assistant City Manager, or City Manager for approval, as applicable.
E. Meal and travel expenses will be reimbursed consistent with the more detailed policy language included, below, for subsections 2.E. and 2.F. of this policy, with the exception that rental car reimbursement is not permitted for one day or less training with no lodging.
2. Meetings/Seminars/Training Sessions, which Require Lodging A. Allowable Expenditures. The costs of registration, lodging, meals, parking, and mileage for private vehicle use are allowable City expenses.
Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, attendance shall require approval and an appropriation of funds by the City Council.
B. Travel Expense Report. A “Travel Authorization and Reconciliation Report” form (available on City Share/City Share/Finance/Forms) is to be completed for each employee traveling. The Department Head must approve the form, indicating that sufficient funding is included in the budget. Once approved by the Department Head, the report is to be submitted to the City Manager for approval at least one week prior to the City Council Meeting preceding the date of the Conference/Training Session. The City Manager shall either approve/disapprove the travel or refer to the City Council and recommend attendance/non-attendance based on the availability of funds, proposed content of the meeting, and other meetings in the same general subject area, which may be scheduled later during the budget year.
Following City Manager or City Council approval, the Department Head must ensure the completed form is submitted to the Finance staff in a timely manner.
C. Registration. Registration will be paid in advance by credit card or by regular warrant whenever possible. A registration form shall be completed 142
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by the department and submitted to the Finance Department with the approved Travel Authorization and Reconciliation Report form. If payment is to be by regular warrant, Finance will process the warrant and mail the registration form. If the registration form and credit card payment for registration are to be completed online, department head pre-approval is required before any expenses are incurred.
D. Lodging.
1) The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays.
2) The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonably early or late hours to reach his or her destination. Payment for pre-event lodging shall require City Manager approval and will typically not be approved if the total miles of travel from City Hall to the site of the event are less than 75 miles. 3) Costs for lodging must be reasonable, based on availability of hotels and proximity to conference/training location. Lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the employee at the time of booking.
4) Receipts are required.
5) Lodging may be guaranteed or paid by a City credit card. If overnight accommodation has received prior approval in accordance with 2.B. of this policy, an employee may use their City credit card to charge their own lodging expenses, and department heads may also use their City credit card to charge for lodging expenses for other employees in their department, and/or commissioners/board members.
6) If overnight accommodation has received prior approval in accordance with 2.B. of this policy, lodging may be guaranteed or paid by an employee’s personal credit card, with a reimbursement request to be submitted after the training or conference.
E. Meals.
1) The traveler may receive a per-diem allowance for meals plus tips.
The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for the city of travel and does not require substantiation with receipts. Regarding partial days, travel beginning on or before 7:00 a.m. qualifies for breakfast. A return time beyond 1:30 p.m. qualifies for lunch. Return times beyond 7:00 p.m. qualify for dinner. Travelers will not be reimbursed for the cost of 143
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a lunch or dinner meal, if such meal is already paid for and provided as part of the conference expenses, and the per-diem allowance will be reduced accordingly, per the IRS published allowance, with the exception that the cost for breakfast will be reimbursed if the conference includes only a light continental breakfast, and the traveler provides a receipt for the additional breakfast expense.
Breakfast shall be considered to occur between 12:00 midnight and 11:00 a.m.; lunch 11:00 a.m. to 4:00 p.m.; and dinner 4:00 p.m. to 12:00 midnight at the time zone of the location of the meal. 2) The City will pay reasonable and customary gratuities and tips during City business travel. Tips for meals are included in the standard per diem rate.
3) If no per diem rate is published for the city of travel, or if the traveler prefers, receipts may be submitted for food and tips up to $50.00 per day based on the limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. The City credit card may be used to pay for meal costs, and receipts must be submitted upon return.
F. Travel.
1) Use of air, train, private car or bus shall be selected on the basis of the most reasonable and appropriate method, taking into consideration distance, time, and total costs to the City after all expense items are tabulated, including travel time and salary costs.
Travel for all personnel shall be in coach class or equivalent service. 2) While traveling, the use of rental vehicles is to be discouraged. Hotel courtesy buses, local shuttle services or public transportation, if available, should be utilized between airports and meeting locations.
If a shuttle service is used from home to the airport, bus, or train terminal, the cost for the shuttle shall not exceed the cost for personal vehicle mileage reimbursement plus parking (if the trip originates or ends at the employee’s residence, personal vehicle mileage reimbursement shall be calculated based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance). Taxi or ridesharing (i.e. Uber or Lyft) services shall be used only when no other convenient, less costly mode of transportation is available. Rental vehicles may be approved in advance by the City Manager when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Payment for air travel is to be made by City credit card at the time of booking. If a travel agency will invoice for the payment, that method may be used. Employees may also use personal credit cards and then request reimbursement from the City.
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3) Employees pre-approved to use personal vehicles for travel will be reimbursed for mileage at the then current IRS mileage rate; however, the total expense of said travel shall not exceed the combined total of the round-trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver’s license and to carry automobile insurance. Any damages to the vehicle or service repairs are of a personal nature, and are not reimbursed by the City. Reimbursement will be based on the vehicle and not on the number of employees attending (i.e. the owner of the vehicle will be paid and not the passengers). If the trip originates or ends at an employee’s residence, personal vehicle mileage compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance.
4) Expenses such as tolls and parking will be fully reimbursed upon presentation of the original receipt. Valet parking will only be reimbursed if there is no self-parking option.
5) Reimbursement for use of a personal vehicle for local travel is not applicable to those management employees receiving an automobile allowance. These employees may, however, receive reimbursement if travel is outside of the six county area of Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside and Orange Counties. 6) To receive reimbursement for a City work- related internet use charge at the conference or lodging location, preapproval of an estimated expense must have been received on the preliminary Travel Expense Report.
G. Final Expense Report.
1) A final Travel Authorization and Reconciliation Report form is to be completed by the employee within ten (10) days of completing the travel. Any reimbursement requests not submitted within 30 days of the meeting date may not be honored and traveler shall assume all costs, unless waived by the City Manager. Unsubstantiated advances may result in the issuance of an IRS form 1099 to the traveler. The report is to include a final accounting of all expenses related to the travel, including expenses already paid by the City (by warrant or credit card) and expenses paid by the employee. All hotel bills, rental bills, airline ticket invoices and other receipts are to be attached to the form. If the employee has received, or is requesting, the per diem amount for food and tips, receipts for meals are not required. If any reimbursement to the City is required, a personal 145
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check in the correct amount is to be submitted with the expense report.
2) Items of a personal nature are not reimbursable including movies (inroom or at the theater), entertainment, premium television services, sporting events, alcoholic beverages, laundry/dry-cleaning, spas, gyms, massage, barber, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage (exceeding one checked bag), valet service, spouse/and or guest accommodations, office equipment and other items of a personal nature. If unauthorized expenses have been paid by the City (i.e. via credit card) the employee will be responsible for reimbursement to the City within ten (10) days of the date of the expense. Reimbursement of travel expenses received from an outside source must be forwarded to the Finance Department upon receipt.
3) The final Travel Authorization and Reconciliation Report form is to be approved by the Department Head and then submitted to the Finance Department for verification prior to submittal to the City Manager for final approval. If payment is due to the employee, the payment will be processed in the next available warrant cycle.
3. Staff Travel - Special Meetings or Training for which Funds Are Not Appropriated Attendance at a special meeting or training, for which funds are not appropriated, attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting.
4. Legislative Body Authorized Expense Procedures
It is the policy of the City of Moorpark to reimburse members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, Library Board, and any other member of a legislative body (as defined by Government Code Section 54952) that receives reimbursement of expenses, for actual and necessary expenses incurred in the performance of their official duties.
The travel and expense reimbursement of the legislative body as defined in Government Code Section 54952 (including but not limited to members of the City Council, Arts Commission, Planning Commission, Parks and Recreation Commission, and Library Board) shall be governed by the same rules contained in this policy for City employees, and the additional requirements listed below.
A. The Travel Authorization and Reconciliation Report form for a member of a legislative body shall be subject to initial review by the Finance Department for compliance with City policies, and then submitted by the Finance Director for review and approval of the City Council Administration, Finance, 146
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and Public Safety Committee. If a member of the Administration, Finance, and Public Safety Committee submits a Travel Authorization and Reconciliation Report form, it shall be subject to initial review by the Finance Director or his/her designee for compliance with City policies, and then submitted for the approval of the two most senior, by tenure, members of the City Council who are not members of that Committee.
B. The following types of expenses generally constitute authorized legislative body expenses:
1) Use of personal vehicle for business travel outside the City limits (reimbursed at the per mile reimbursement rate for City employees and volunteers and consistent with Policy 5.1, Section 5); 2) Communicating with representatives of regional, state and national government on City adopted policy positions;
3) Attending educational seminars designed to improve public officials’ skill and information levels;
4) Participating in regional, state and national organizations whose activities affect the City’s interests;
5) Lodging, Meals, and Travel – Traveler may receive a per-diem allowance consistent with the provisions of Policy 5.1, Sections 2.D,
2.E, and 2.F. Any expense for which reimbursement is requested (which is not subject to the per diem requirements of this policy) shall include a statement of the reason/purpose and who else was in attendance, even if reimbursement is not requested for others in attendance. The cost of a meal shall not exceed the applicable Internal Revenue Service (IRS) per diem reimbursement rate for the Los Angeles area regardless of the location;
6) Professional association membership and meeting attendance when included in the adopted City Council budget.
C. Items that are of a personal nature are not reimbursable (examples are listed in Policy 5.1, Section 2.G.).
D. Legislative body members (City Council, Planning Commission, Parks and Recreation Commission, Arts Commission, and Library Board) shall briefly report on meetings attended at City expense at the next regular meeting for that legislative body member under the agenda item “Announcements, Future Agenda Items, and Reports on Meetings/Conferences Attended”. If multiple members of the same legislative body attended the same meeting, a joint report may be made.
E. If a reimbursement rate for travel, meals, lodging and other actual and necessary expenses is not specifically identified in this policy, then the 147
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Internal Revenue Service rates for reimbursement as established in publication 463 or any successor publication shall be used for those items.
F. All expenses not covered by this policy shall be approved by the City Council in a public meeting before the expense is incurred.
G. Pursuant to Section 53232.4 of the Government Code, penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency; (c) Civil penalties for misuse of public resources pursuant to Government Code Section 8314; and (d) Prosecution for misuse of public resources pursuant to Section 424 of the Penal Code.
5. Mileage Reimbursement for City Appointees to Boards, Commissions, and Committees
A. City Council public appointees to boards, commissions, and committees, who do not receive an honorarium and travel outside of the Moorpark City limits to attend regular and special meetings of that board, commission, or committee, shall be eligible to receive mileage reimbursement for that travel. Mileage will be calculated from the appointee’s residence in Moorpark as the point of departure to the meeting location. Mileage expense reimbursement for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service, and as verified by the Finance Director annually.
B. To encourage the use of public transportation, in lieu of a mileage reimbursement, an appointee may instead submit for reimbursement for public transit expenses (Metrolink, fixed-transit services, or paratransit services), if public transportation is utilized instead of a personal vehicle.
C. The appointee shall complete the City’s Travel Authorization and Reconciliation Report form, and submit the form to the City Clerk at the end of the month, with the meeting agenda attached as supporting documentation for the mileage reimbursement or public transportation claim. Recognizing that not all public transit agencies have a receipt system in place at the time of travel, a fare structure brochure or print-out from the respective transit agency’s website will be sufficient supporting documentation for the public transportation claim. The Finance Department will submit an appointee’s completed Travel Authorization and Reconciliation Report form to the City Council Administration, Finance, and Public Safety Committee for review and approval.
Policy 5.2: Fund Balance Reserve
Fiscal stability is an important factor to any city. Sound financial management includes the practice and discipline of maintaining adequate reserve funds for known and unknown contingencies. Such contingencies and occurrences include, but are not limited to:
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Cash flow requirements
Economic uncertainties and other financial hardships or downturns in the local, state or national economy
Local disasters or catastrophic events
Loss of major revenue source
Unanticipated operating or capital expenditures
Capital asset and infrastructure repair and replacement The establishment of prudent financial reserve policies is important to ensure the longterm financial health of the City.
The City will fund annually, to the extent of available General Fund unassigned budgetary surplus, and endeavor to maintain a minimum General Fund reserved committed fund balance for an Emergency/Contingency reserve in the minimum amount of 20% of adopted budget expenditures, plus an unreserved a minimum General Fund unassigned fund balance of $1 million. Additionally, an Economic Uncertainty reserve will also be funded in General Fund committed fund balance to help provide resources to minimize service disruption in the event of fiscal stress such as unexpected revenue shortfalls or unpredicted one-time expenditures or operating changes that occur outside of the planned annual budget. Reserves shall not normally be applied to recurring annual operating expenditures. This fund will provide the City resources to weather short-term and other cyclical revenue downturns while avoiding large variations in taxes and fees or variations in the type and quality of municipal services provided. The amount of the Economic Uncertainty fund shall be a minimum of $1 million. Funding the Economic Uncertainty reserve can only be appropriated and used for budgetary purposes by an affirmative vote of the City Council. An The Emergency/Contingency Rreserve will be maintained for the purpose of minimizing the financial impact or quickly respond to unexpected situations such as local event or natural disaster or declared emergency and/or claims which will not be reimbursable from insurance or Federal, State or County Government. sustaining General Fund operations in the case of a public emergency such as a natural disaster or other unforeseen catastrophic event. The Emergency/Contingency Reserve can be used to mitigate financial and service delivery risk due to unexpected revenue shortfalls or unanticipated critical expenditures. This reserve will not be used to fund new programs or personnel. The $1 million of General Fund unassigned fund balance may be used for budget adjustments during the fiscal year and/or Economic Uncertainty reserve replenishment, as recommended by the City Manager from time to time.
Reserve levels will be adjusted annually in accordance with this policy. Annually, in conjunction with the year-end analysis and preparation of the City’s Annual Comprehensive Financial Report (ACFR) for a completed fiscal year, any remaining General Fund unassigned fund balance from that fiscal year shall be applied as follows, in order of priority: (1) if needed, to increase the fund balance of the Emergency/Contingency Reserve to 20% of the subsequent fiscal year’s adopted budget expenditures; (2) if needed, to reserve or replenish General Fund Economic Uncertainty to $1 million; (3) if needed, to reserve or replenish General Fund unassigned fund balance to $1 million; (4) to pay down Unfunded Accrued Liability (UAL), if any, with respect to the City’s pension plans in an effort to maintain a minimum of 95% funding; 149
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and (5) to pay down UAL, if any, with respect to the City’s Other Post-Employment Benefits (OPEB) plan (i.e., post-employment healthcare plan) in an effort to maintain a minimum of 95% funding.
Annually, Aany excess General Fund unreserved unassigned fund balance remaining after the four items required by the immediately preceding paragraph above have been fully funded will be transferred out to the Special Projects Fund. Pursuant to California Government Code Section 53647, Iinterest generated from the Special Projects Fund will be posted to the General Fund as interest income, which is vital to the City’s General Fund operating budget. The Special Projects Fund will be used to maintain and build new projects including major rehabilitation of streets, parks and facilities (e.g.
Construction of Civic Center Complex, Moorpark Library, Street Capital Improvement Projects, etc.). These funds may also be used for any other purpose as deemed appropriate by the City Council by a separate vote.
Reserve levels will be adjusted annually in accordance with this policy. After the Emergency/Contingency reserve has been fully funded and the $1 million General Fund unreserved fund balance, then any excess will be transferred by the Finance Director to the Special Projects Fund in conjunction with the year-end analysis and preparation of the City’s Comprehensive Annual Financial Report (CAFR).
Grant Funds
Most grant awards are reimbursement, whereby the City spends the money first and applies for reimbursement from the granting agency. The City usually has a negative fund balance in the grant funds until the grant money is actually received. Therefore, there is no minimum reserve requirement for grant funds. Grant funds shall be used to procure materials, supplies, and capital as may be permitted by the grant rules. No recurring costs shall be funded by a grant unless the City Council pre-approves the recurring costs.
All Other Funds
Except as otherwise described above, Tthe City will maintain a minimum reserve of 10% of the annual revenue in each fund. Annual revenue is calculated based on the average of the three prior year’s revenue for the fund.
Policy 5.3: Authorization for the Issuance and Countersigning of Warrants Pursuant to Chapter 3.12 of the Moorpark Municipal Code and Wire Transfer Authority
All check stock shall be kept in a locked and secure location with restricted access.
Finance department staff shall treat all check stock as if it were cash. A log of all checks issued for printing shall be kept in a locked and secure location. The log shall contain:
date of issue, check numbers issued and the initials of the Finance department staff who were issued the check stock.
Demand warrants shall be issued for payment of capital and operational expenses related to the purchase of goods, services, materials, supplies or equipment. Payroll warrants shall be issued to compensate employees for services rendered and to pay for: taxes, 150
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benefits, insurance and other related personnel costs.
Prior to issuance of any warrants, a check register shall be approved, using (1) a manual signature or (2) an approval process within the financial software. The check register shall be approved by two employees: the City Manager (or Assistant City Manager in the absence of the City Manager) and the Finance Director (or Deputy Finance DirectorAccountant II, in the absence of the Finance Director).
Demand and payroll warrants are hereby authorized to be computer signed with the facsimile signature of the City Manager and computer countersigned with the facsimile signature of the Mayor. All checks shall be generated through the financial software system. If the City Manager or the Finance Director areis to receive a check, then the Assistant City Manager shall approve the check register. If the Finance Director is to receive a check, then the Accountant IIDeputy Finance Director shall approve the check register. This policy strictly prohibits the use of hand-drawn checks. This policy strictly prohibits the signing of blank checks. This policy strictly prohibits checks written out to “CASH”. This policy strictly prohibits the manual signing of checks.
Wire transfers (WT), Electronic Fund Transfer (EFT) and Automated Clearing House (ACH) transactions are needed for various financial transactions of the City involving expenditures and investments. WT, EFT and ACH expenditure requests for which there is a City Council approved budget appropriation require two signatures, and shall be signed by the City Manager (or the Assistant City Manager in the absence of the City Manager) and the Finance Director (or Accountant II Deputy Finance Director in the absence of the Finance Director). WT, EFT and ACH expenditure requests that do not have an approved budget appropriation, and if it is over $50,000regardless of the amount, must be approved by the City Council. WT, EFT and ACH requests for investment transactions are limited to $107 million per day and require two signatures: the City Manager (or the Assistant City Manager in the absence of the City Manager) and the Finance Director (or Accountant II Deputy Finance Director in the absence of the Finance Director).
This policy applies to the City of Moorpark (City), Successor Agency to the Redevelopment Agency of the City of Moorpark (SARA) and Moorpark Watershed, Parks, Recreation and Conservation Authority (MWPRCA).
Policy 5.4: Accounts Receivable Collection
The City of Moorpark has the need to issue invoices for various types of services such as, but not limited to, false alarms, rent for City owned facilities, grant reimbursements, nonsufficient funds (NSF) checks and emergency response (DUI and property damage). The City’s Accounts Receivable Collection Policy shall be as follows:
1. The first notice to a debtor of an amount due is the issuance of the City of Moorpark invoice.
2. Past due accounts will be sent a past due statement at 30 and 60 days by the Finance Department. A one-time penalty fee in the amount of ten percent (10%) and a one percent (1%) per month finance charge shall be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the 151
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billing date. The 60-day notice will state that the account will be turned over to a collection agency unless it is immediately cleared by the date specified.
A. Where appropriate, debtor contact by telephone will be used during the collection process. The date and discussion will be noted on internal records.
B. If the debtor responds, the Finance Department will make every effort to work out a solution for payment (such as an installment plan for larger amounts due).
C. If the account is paid off or cleared by other means, the correspondence will be retained in the Finance Department customer files for such time period as required by applicable law.
3. When Finance has exhausted regular means of collections, accounts will be turned over to a collection agency in a final attempt to collect before the invoice is adjusted. Documentation required for the collection agency must include a copy of the original invoice or a list of charges. Other available information such as address and driver’s license number will also be sent to the collection agency, if available.
4. Finance will send a Final Notice to the debtor noting that the account will be turned over to an appropriate external collection agency and collection costs may be charged if arrangements to pay are not made within 15 days. Note: If additional charges appeared for an account that has already been turned over to a collection agency, the new final notice should be for the same collection agency.
5. If the collection agency is not successful, further action will be considered as follows:
A. Amounts between $500.00 and $510,000.00 will be presented to the City Manager for review and possible filing of a small claims court action, which may be instituted without further Council approval.
B. Amounts in excess of $510,000.00 will be presented to the City Attorney by the City Manager for review and possible legal action, which may be instituted without further Council approval.
6. The Finance Department will keep the City Manager informed of any collection issues as part of the monthly report process. Should adjustments be necessary, after all attempts have been made to collect and the Finance Director has determined that it is not cost effective to continue with the collection process, he/she has the authority to authorize up to $100.00 per adjustment. A report of any adjustments authorized by the Finance Director shall be provided to the City Manager on a monthly basis. Any amount over $100.00 up to $1,000.00 may be approved for adjustment by the City Manager. A report of any adjustments made by the Finance Director and City Manager shall be provided to the City Council on a quarterly basis. Any amount over $1,000.00 must be presented annually to the 152
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City Council for consideration of an adjustment or other action. Documentation of all adjustments will be kept in a separate file for year-end audit purposes.
7. Each department will be immediately informed, in writing, by the Finance Department of NSF check issues each time an NSF check is received. Backup documentation showing the name, date and type of service that the NSF check covered will be sent to the respective department. It will be the responsibility of each department to determine if service is continuing to be provided and should be ceased for the individual and/or company that submitted a NSF check until payment for the NSF check is collected. Only cash, cashier’s check or money orders will be accepted as payment to satisfy NSF checks.
8. The Finance Department will establish, track, and receive all restitution payments received from the courts. A quarterly report will be sent to the City Manager listing all restitution payments and balances due.
Policy 5.5: Landscape and Lighting Assessment District (LLAD) Operational and Capital Improvements Reserve Fund Balance The Finance Director or his/her designee shall work with the responsible department head and assessment engineer to calculate annual operating costs and the Operational Reserves and Capital Improvements Reserve Account fund balances for each landscape and lighting assessment district in conjunction with preparation of the City’s annual fiscal year budget. The Capital Operational Reserves Account fund balances to be maintained for each landscape or and lighting assessment district (“LLAD”) shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or approximately fifty percent (50%) of the annual estimated costs of each LLAD, or whenever the City expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.be approximately one year of projected current operating budget for each such district. The Capital Improvements Reserves fund balances shall be maintained for each LLAD to ensure sufficient operational available funding (i.e. cash flow) and to cover replacement costs for capital assets including, but not limited to, landscape materials, irrigation equipment, hardscape, walls, ornamental structures, trails, drainage facilities, fencing, decorative lighting, and project signage.
Contributions to the Capital Improvements Reserves fund balances shall be calculated in conformance with the adopted LLAD Capital Improvements Reserves Fund Study (“Study”) with an annual increase of 2.5% over the useful life of such improvements as specified in the Study. The Study shall be re-evaluated every 15 years, or sooner at the discretion of the Finance Director.
Funding Annual Deficits
If any LLAD that is subject to fixed maximum assessment rates ends the fiscal year with a deficit fund balance, funds shall may be transferred from the General Fund or other funds, as approved by the City Council, to restore the LLAD to a zero fund balance. This transfer shall occur in the subsequent fiscal year so as to enable the LLAD to begin the fiscal year with a zero fund balance.
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Policy 5.6: City Treasurer, Investments, and Cash Handling The City Treasurer is charged with depositing, disbursing, safekeeping, and investing all public funds of the City (including the Successor Agency to the Redevelopment Agency of the City of Moorpark and the Public Financing Authority). The primary function of the City Treasurer is the safekeeping of City funds: safety, liquidity, and yield. These three objectives are defined in the investment policy. The investment function is controlled by the investment policy, which shall be adopted by the City Council annually.
City Banking
The City Treasurer should go out to bid once every ten years for banking services (City and Successor Agency), custodial services (investments), and broker-dealer services (investments).
Investments
Consistent with applicable State law, the City Council shall adopt an Investment Policy by separate resolution and review and update said policy by December 31 of each yearannually. The Administration, Finance, and Public Safety Committee shall review the Investment Policy resolution on an annual basis prior to consideration by the City Council.
Pursuant to State Government Code Section 53607, the City Council and Successor Agency may delegate for a one-year period authority to the City Treasurer to invest or reinvest City and Successor Agency funds, or to sell or exchange securities so purchased. If such authority is so delegated, the City Treasurer shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the City Council and Successor Agency if applicable. Subject to review, the City Council and Successor Agency may renew the delegation of authority each year. The City Treasurer shall make a quarterly report of those transactions and portfolio holdings, including the information specified in Government Code Section 53046(b) to the City Council, Successor Agency and City Manager. A separate quarterly report shall be provided to the City Council acting as Successor Agency.
Cash Handling
The City Treasurer or his/her designee shall prepare written procedures on cash handling, and shall provide training for applicable staff. For example: Staff shall be directed to check for counterfeit bills on large denominations, count back the change to the customer, and not accept foreign currency as payment. A receipt shall be given to the customer.
All cash received by the operating departments shall be submitted to the City Treasurer by the end of each day. Exceptions to this rule are as follows: Recreation staff shall be responsible for collecting the coins from the sports courts lighting fixtures a minimum of twice per week. The coins shall be placed in a locked bag and submitted to the City Treasurer for deposit the same day the money is collected. The Public Works staff shall be responsible for the collection of transit fares on City buses. The transit fares shall be 154
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secured by a locked box on-board each bus. The bus driver, at the end of the day, shall turn in the lock box to the Public Works staff member who has the responsibility to remove the cash and coins and submit the cash receipts to the City Treasurer the same day that the lock box is opened. Library staff shall submit cash receipts at least once a week. All cash stored overnight at the Library shall be locked in a safe. Library staff shall make a same day deposit when they receive any cumulative amount of cash and checks greater than $1,000. The Sheriff’s Department receives cash for payment of towing fees and other police fees at the City’s Police Services Center. The cash shall be stored in a locked, secure location. The Sheriff’s Department shall deposit with the City Treasurer when the cash received totals $5,000 or more. The City’s Active Adult Center receives cash for various services and classes. The money shall be stored in a locked, secure location until deposited with the City Treasurer weekly.
The City Treasurer is authorized to provide a beginning change fund for special events of the City (for example July 3rd). The responsible department, usually Parks, Recreation and Community Services, shall submit a request for a change fund one week in advance of the event. The City Treasurer shall make arrangements to provide bills in small denominations for the event. The change fund cash will be required to be stored in a locked and secure location prior to the event. At the end of the event, the department shall return all cash to the City Treasurer with a full accounting of the transactions incurred.
All cash received by the City Treasurer shall be stored in the City safe until deposited at the bank. City Treasurer shall make all deposits into the City bank accounts. The City Treasurer shall contract with an outside armored car service to transport the coins, cash, and checks collected by the City to a designated bank vault for deposit. Armored car deposits shall be as determined by the City Treasurer but no less than weekly. Any checks larger than $100,000 will continue to be deposited by the City Treasurer on the same day as received, or no later than the following day after receipt, at the local bank branch.
The City allows vending machines to be operated on City property. The vendor is responsible for the maintenance and operation of the vending machine, including cash collection. Concession fees required by the vendor agreement shall be sent to the Finance Department for deposit into the City’s General Fund.
Policy 5.7: Annual Review of Fee Resolutions and Authorization for Hardship Fee Modification and Waiver
The Finance Director is responsible for requiring that all City fee resolutions are reviewed annually by each City department in conjunction with preparation of the next fiscal year budget, to determine if an adjustment of any fee is appropriate. The City Council will be provided with information on the scheduling of any fee resolution update in conjunction with consideration of fiscal year budget adoption.
No payment of a fee, fine, or deposit may be waived, delayed, modified, or adjusted, except as authorized by the City Council in the Municipal Code or resolution establishing the fee, fine, or deposit.
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Policy 5.8: Fund Balance Reporting as Required by Governmental Accounting Standards Board Statement No. 54 (GASB 54)
1. The Finance Director is responsible for implementing this policy.
2. Consistent with the Governmental Accounting Standards Board Statement No. 54, “Fund Balance Reporting and Governmental Fund Type Definitions”, the City Council has adopted the following method to self-classify fund balances for financial statement reporting purposes:
A. Committed Fund Balance
Fund Balance may be committed to specific purposes using the highest level of decision-making authority, the City Council. It is the City Council’s policy that commitments of fund balance for a fiscal year must be adopted by resolution prior to fiscal year end, June 30th. Amounts that have been committed by the City Council cannot be used for any other purposes unless the City Council adopts another resolution to remove or change the constraint.
B. The Classified Fund Balance
The General Fund balance may be assigned for amounts the City Council intends to use for a specific purpose. It is the City Council’s policy that assignments of fund balance for a fiscal year must be approved by the City Council prior to the fiscal year end, June 30th. Any changes to assignments must also be made by the City Council.
It is the City Council’s policy to spend Classified Fund Balance in the following order when amounts in more than one classification are available for a particular purpose:
1) Restricted Fund Balance – amounts constrained to specific purpose by their providers through constitutional provisions or enabling legislation. Examples include grants, bond proceeds and passthrough revenue from other levels of government. 2) Committed Fund Balance – amounts constrained to specific purpose by resolution of the City Council.
The City Council has designated the following Committed Fund Balance: Library Fund (1010) for the purpose of providing library services.
3) Assigned Fund Balance – amounts which are intended to be used for a specific purpose, expressed by the City Council.
The City Council has designated the following Assigned Fund Balances for the future design and construction of infrastructure improvement projects: Endowment Fund (2018), Capital Projects 156
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(3000), City Hall Improvement (3001), Police Facilities (3002), Equipment Replacement (3003), Special Projects (3004), Remaining Bond proceeds (3005), PEG Capital Fund (3006), DDA Settlement (3007), IT Equipment Replacement (3008), Vehicle Replacement (3009), Facilities Replacement (3010), CFD 2004-01 Highland Improvement (6004), SARA 2001 Tax Allocation Bond Proceeds (7103), SARA 2006 Tax Allocation Bond Proceeds (7104).
4) Unassigned Fund Balance – amounts available for any purpose in the General Fund.
Policy 5.9 Credit Card Acceptance and Processing
The purpose of this policy is to establish standards for accepting and processing credit card payments and maintaining the security of confidential credit card information. The method is to implement reasonable policies and procedures that will prevent the improper use or disclosure of customer credit card information.
Compliance with this policy will:
Provide reasonable assurance that all credit card transactions are properly authorized, timely settled, and accurately and completely recorded; Monitor for errors, both unintentional and intentional, including fraud; and Protect the security, confidentiality and integrity of cardholder information.
This policy is further intended to ensure compliance with Payment Card Industry (PCI) standards, as required by Visa and Mastercard. Failure to comply with PCI standards may result in unnecessary costs to the City and/or revocation of merchant status allowing for the acceptance of credit cards.
1. Authorized Transactions. The following revenue transaction types are authorized as credit card payments. The full itemized list of City of Moorpark Authorized Credit Card Transactions is maintained by the Finance Department as approved by the City Manager.
A. Parking Citations
B. Business Registrations/Permits
C. Zoning Clearances
D. Encroachment Permits
E. Residential Building Permits
F. Home Occupation Permits
G. Sign/Banner Permits
H. Non-Residential Plan Checks
I. Non-Residential Building Permits
(tenant improvements,
commercial equipment, high pile
storage and MEP mechanical,
L. SB473 Building Standards Fees
M. Imaging Fees
N. Fines & Penalties (e.g. Social Host,
Library Fines and Fees)
O. Class Registration (e.g. classes
and camps)
P. Security Deposits & Room Rentals
Q. Recreation League Fees
R. Temporary Use Permits
S. Event Ticket Sales
T. First Time Home Buyer Application
Fee
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electrical and plumbing
J. SMIP Fees
K. NPDES Fees
U. Other transaction types approved
in writing by City Manager except
development impact fees which
may not be authorized
2. Authorized City Staff
The City Manager shall have the authority to approve in writing the City employees who are authorized to process credit card transactions, including the maximum credit card limits.
3. Authorized Persons Employed by Library Services Contractor (Library contract staff)
Moorpark City Library contract staff, as approved in writing by the City Manager, shall be authorized to process credit card transactions.
4. Transaction Control Requirements
The City accepts Visa, Mastercard, and Discover credit cards as a form of payment of amounts due to the City. Debit cards with Visa or Mastercard logos are also accepted and processed only as credit cards. It is important that Library contract staff adhere to the processes to ensure the accurate processing and recording of transactions and guard against erroneous or fraudulent transactions.
5. City Manager Approved City Credit Card Machines and Transaction Restrictions A. One credit card swipe machine may be placed at each of these following locations: 1) the front counter at City Hall for use by authorized City staff; 2) Arroyo Vista Recreation Center for use by authorized City staff; 3) the Active Adult Center for use by authorized City staff; and 4) the Moorpark City Library Circulation Desk for use by authorized City staff and Library contract staff, and any other location approved by the City Manager.
B. The Cardholder’s credit card should be visible to the cardholder at all times during every transaction.
C. Transactions of less than $5.00 and transactions outside of the transaction types listed within this policy shall be denied and the transaction shall not be completed.
D. Transactions less than $5,000.00 can be processed without City Manager written approval. Transactions of $5,000.00 or greater must have prior City Manager written approval.
E.D. Prior to swiping the credit card:
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1) For a charge amount exceeding $500.00, verify the credit card against a photo identification card making sure the name on the credit card matches name on the photo identification card and that the photo on the photo identification card matches the Cardholder and that the credit card has been signed by the cardholder. 2) Verify that the card is not visibly altered or mutilated. 3) Verify that the credit card expiration date has not passed. Expired credit cards are not accepted for payment.
4) To the extent possible, staff should ask the Cardholder to show their credit card and photo identification card for the purpose of verifying information, without having staff take custody of the credit card and/or photo identification card. Staff should not take custody of the credit card in any manner that places the card out-of-sight of the Cardholder.
F.E. If the credit card machine can be moved so as to be accessible by the Cardholder, the Cardholder should be asked to swipe/insert their credit card. If accommodation is needed for a person with a disability, staff may assist with swiping/inserting the credit card into the credit card machine. If the credit card’s magnetic strip cannot be read, the card number should be manually keyed into the credit card terminal by staff. To reduce the risk of access to confidential credit card data, no manual imprint, writing down, copying, scanning or transposing or copy of the card shall be made.
GF. After swiping/inserting the credit card:
1) Staff is required to print and obtain the customer’s signature on the credit card payment record. This is not required for credit card machines that capture customers’ signatures digitally.
2) Obtain and enter the Approval Code/Authorization number on the receipt paperwork. If the authorization network (via the credit card machine) sends a “decline” or “no match” response, the credit card payment was not processed and the card must not be accepted. 3) Confirm that the amount charged to the credit card matches the transaction.
4) Attach the signed credit card payment record to the supporting documentation. Print and give an unsigned copy to the cardholder as their receipt. This is not required if the credit card payment record may be submitted electronically to the cardholder.
HG. In all circumstances of declined or unaccepted transactions, explain in a discreet voice to the customer that the transaction has been declined and offer to accept another method of payment. Customers disputing the decline 159
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or non-acceptance of the credit card should be referred to their bank which issued the credit card.
IH. Credit/Refund Transactions: Per the merchant card processing agreement, the City will not make cash refunds, but will deliver a credit for a refund (or adjustment to the cardholder account) within three (3) business days of the refund (or adjustment). The Cardholder will receive a copy/notification of the credit transaction at the time the refund (or adjustment) is made. In certain cases, a refund may be processed as a check and will be refunded within thirty (30) days.
JI. Cash back transactions are not authorized.
6. Telephone and Mail Transactions
The City shall accept credit card information by telephone and U.S. Mail for Arroyo Vista Recreation Center and Library customers only. In order to protect the Cardholder from unauthorized disclosure of credit card information via telephone transactions, credit card numbers shall not be written down by authorized City staff or authorized Library contract staff on City applications or registration forms, and must be manually keyed into the credit card terminal or computer software system.
Confirm the three digit verification code on the back of the credit card for phone orders.
7. On-line Transactions
On-line credit card transactions shall be allowed through the City Manager approved third party payment processors. All on-line credit card transactions through the City website or third party proprietary software agreements must be securely redirected to the approved third party merchant payment processors where cardholders will complete their transactions. The Finance Department and Information Systems division shall work together to assure secure connections and proper security of credit card information through the on-line transaction process.
8. Settlement and Deposit of Credit Card Payments
A. The transaction history report from the credit card machine will be printed daily and be reconciled to the total receipts by authorized City staff or authorized Library contract staff.
B. The settlement batch, transaction history and reconciliation reports and supporting documentation will be reconciled by the Finance Department on the following business day.
C. Deposits are generally settled within three business days, depending upon the credit card type. If a report indicates a settlement was declined it shall be researched by the Finance Department and the customer contacted to obtain an alternate form of payment.
9. Merchant Fees and Other Credit Card Charges
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Merchant fees for all authorized credit card transactions shall be paid by the City.
Other credit card charges, such as disputed items related to a specific transaction will be researched by the Finance Department and appropriate action taken with prior written approval by the Finance Director or Deputy Finance Directorhis/her designee. This will ensure proper reconciliation for the merchant account.
10. Safeguarding of Confidential Information
To the extent that the City may have possession of credit card records, including but not limited to, receipts, credit card numbers, expiration date, card type and bank information, such credit card records are exempt from public disclosure, and shall not be disclosed by the City unless required via Court subpoena or in writing by the City Attorney.
Any credit card documents not remitted to the Finance Department before the close of the business day must be secured to prevent against loss and/or theft of confidential customer information, provided the documents shall be remitted to the Finance Department as early as practicable the morning of the next business day.
Full credit card numbers are not to be recorded, maintained or viewable in any computer systems, receipts, or reports.
To the extent required by law and/or service agreements, the City will notify credit card customers of any breach of security which has placed the confidential credit card information at risk.
Credit card transactions shall not be accepted in the event of a power outage or other processing service interruption, so as to prevent the loss and/or theft of confidential customer information. In the event of a service interruption to the credit card machine, notification should be made to the Finance Director to determine the cause and restoration of the service.
The City Information Systems Division along with the Finance Department will maintain network, computer, and transmission security measures to protect cardholder data.
Vendor-supplied defaults for system passwords and other security parameters will not be used.
The City Information Systems Division will regularly test security systems and processes.
11. Payment Card Industry (PCI) Compliance
The Finance Department will annually renew and update the PCI Self-Assessment Questionnaire (SAQ) as required.
Policy 5.10 Debt Management Policy
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1. Purpose
The purpose of this Debt Management Policy (Policy) is to establish guidelines and parameters for the effective governance, management and administration of debt and other financing obligations issued by the City of Moorpark (City).
As used in this Policy, “City” shall mean the City. As used in this Policy, “debt” shall be interpreted broadly to mean bonds, notes, certificates of participation, financing leases, or other financing obligations, but the use of such term in this Policy shall be solely for convenience and shall not be interpreted to characterize any such obligation as an indebtedness or debt within the meaning of any constitutional debt limitation where the substance and terms of the obligation comport with exceptions thereto.
2. Background
The City is committed to fiscal sustainability by employing long-term financial planning efforts, maintaining appropriate reserves levels and employing prudent practices in governance, management, budget administration and financial reporting.
Debt levels and their related annual costs are important long-term obligations that must be managed within available resources. A disciplined, thoughtful approach to debt management includes policies that provide guidelines for the City to manage their collective debt program in line with those resources. Therefore, the objective of this policy is to provide written guidelines and restrictions concerning the amount and type of debt and other financing obligations issued by the City and the ongoing management of the debt portfolio.
This Policy is intended to improve the quality of decisions, assist with the determination of the structure of debt issuance, identify policy goals, and demonstrate a commitment to long-term financial planning, including a multi-year capital plan. Adherence to a local debt policy signals to rating agencies and the capital markets that a government is well managed and should meet its obligations in a timely manner.
3. Conditions and Purposes of Debt Issuance
A. Acceptable Conditions for the Use of Debt
The City believes that prudent amounts of debt can be an equitable and cost-effective means of financing major infrastructure and capital project needs of the City. Debt will be considered to finance such projects if:
1) The capital project has been, or will be, included in the City’s capital improvement plan or has otherwise been coordinated with the City’s planning goals and objectives.
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2) The capital project can be financed with debt not exceeding the term specified in Section 5.A. of this Policy, to assure that long-term debt is not issued to finance projects with a short useful life. 3) It is the most cost-effective funding means available to the City, taking into account cash flow needs and other funding alternatives. 4) It is fiscally prudent and meets the guidelines of this Policy. Any consideration of debt financing shall consider financial alternatives, including pay-as-you-go funding, proceeds derived from development or redevelopment of existing land and capital assets owned by the City, and use of existing or future cash reserves, or combinations thereof.
B. Acceptable Uses of Debt and Proceeds of Debt
The primary purpose of debt is to finance one of the following:
1) The City will consider financing for the acquisition, substantial refurbishment, replacement, or expansion of physical assets, including land improvements, for the following purposes:
a) Acquisition and or improvement of land, right-of-way or longterm easements. b) Acquisition of a capital asset with a useful life of 3 or more years.
c) Construction or reconstruction of a facility.
d) Although not the primary purpose of the financing effort, project reimbursables that include project planning design, engineering and other preconstruction efforts; projectassociated furniture fixtures and equipment; capitalized interest, original issue discount, underwriter’s discount, and other costs of issuance.
2) Refunding, refinancing, or restructuring debt (including without limitation the refinancing or advance funding of City pension obligations), subject to refunding objectives and parameters discussed in Section G.
3) In the event of temporary shortfalls in cash flow for City operation costs due to timing of receipt of revenues and the lack of cash on hand to cover the temporary deficit, the City may consider interim or cash flow financing, such as anticipation notes. In compliance with applicable state law, any such notes shall be payable either (i) not later than the last day of the fiscal year in which it is issued, or (ii) during the fiscal year succeeding the fiscal year in which issued, but in no event later than 15 months after the date of issue, and only if 163
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such note is payable only from revenue received or accrued during the fiscal year in which it was issued.
C. Prohibited Uses of Debt and Proceeds of Debt
Prohibited uses of debt include the following:
1) Financing of operating costs, except for anticipation notes satisfying the criteria set forth in Section 3.B.3).
2) Debt issuance used to address budgetary deficits.
3) Debt issued for which the term of the debt exceeds the term specified in Section 5.A. of this Policy.
D. Internal Control Procedures Concerning Use of Proceeds of Debt One of the City’s priorities in the management of debt is to assure that the proceeds of the debt will be directed to the intended use for which the debt has been issued. In furtherance of this priority, the following procedures shall apply:
1) The Finance Director shall retain, for the applicable period specified in Section 8.D. of this Policy, a copy of each annual report filed with the California Debt and Investment Advisory Commission (CDIAC) pursuant to Section 8855(k) of the California Government Code concerning (1) debt authorized during the applicable reporting period (whether issued or not), (2) debt outstanding during the reporting period, and (3) the use during the reporting period of proceeds of issued debt. A copy of the annual report shall be provided to the City Council, City Manager and City Clerk.
2) In connection with the preparation of each annual report to be filed with CDIAC pursuant to Section 8855(k) of the California Government Code, the Finance Director or the designee of the Finance Director shall keep a record of the original intended use for which the debt has been issued, and indicate whether the proceeds spent during the applicable one-year reporting period for such annual report comport with the intended use (at the time of original issuance or as modified pursuant to the following sentence). If a change in intended use has been authorized subsequent to the original issuance of the debt, the Finance Director or the designee of the Finance Director shall indicate in the record when the change in use was authorized and whether the City Council, City Manager, or another City official has authorized the change in intended use. The Finance Director shall report apparent deviations from the intended use in debt proceeds to the City Manager for further discussion, and if the City Manager determines appropriate in consultation with legal counsel (which may be bond counsel, if applicable, or the City Attorney), to the City Council.
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3) If the debt has been issued to finance a capital project and the project timeline or scope of project has changed in a way that all or a portion of the debt proceeds cannot be expended on the original project, the Finance Director shall consult with the City Manager and legal counsel (which may be bond counsel, if applicable, or the City Attorney) as to available alternatives for the expenditure of the remaining debt proceeds (including prepayment of the debt). After such consultation, the Finance Director shall seek the direction of the City Council as to an alternative for the expenditure or use of such remaining debt proceeds.
4. Type of Financing Instruments; Affordability and Planning Policies The City recognizes that there are numerous types of financing structures and funding sources available, each with specific benefits, risks, and costs. All potential funding sources are reviewed by management within the context of this Policy and the overall portfolio to ensure that any financial product or structure is consistent with the City’s objectives. Regardless of what financing structure(s) is utilized, due diligence review must be performed for each transaction, including the quantification of potential risks and benefits, and analysis of the impact on City creditworthiness and debt affordability and capacity.
Prior to the issuance of debt or other financing obligations to finance a project, the City will carefully consider the overall long-term affordability of the proposed debt issuance. The City shall not assume more debt or other financing obligations without conducting an objective analysis of the City’s ability to assume and support additional debt service payments. The City will consider its long-term revenue and expenditure trends, the impact on operational flexibility and the overall debt burden on the taxpayers. The evaluation process shall include a review of generally accepted measures of affordability and will strive to achieve and or maintain debt levels consistent with its current operating and capital needs.
A. General Fund-Supported Debt
General Fund Supported Debt generally include Certificates of Participation (COPs) and Lease Revenue Bonds (LRBs) which are lease obligations that are secured by an installment sale or by a lease-back arrangement between the City and another public entity. Typically, the City appropriates available General Fund moneys to pay the lease payments to the other public entity and, in turn, the public entity uses such lease payments received to pay debt service on the bonds or Certificates of Participation.
General Fund Supported Debt may also include bonds issued to refund obligations imposed by law, such as judgments (judgment obligation bonds (JOBs)) or unfunded accrued actuarial liabilities for pension plans (pension obligation bonds (POBs)).
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These obligations do not constitute indebtedness under the state constitutional debt limitation and, therefore, are not subject to voter approval.
Payments to be made under valid leases are payable only in the year in which use and occupancy of the leased property is available, and lease payments may not be accelerated. Lease financing requires the fair market rental value of the leased property to be equal to or greater than the required debt service or lease payment schedule. The lessee (City) is obligated to include in its Annual Budget and appropriate the rental payments that are due and payable during each fiscal year the lessee has use of the leased property.
The City should strive to maintain its net General Fund-backed annual debt service at or less than 10% of available annually budgeted revenue. This ratio is defined as the City’s annual debt service requirements on General Fund Supported Debt (including, but not limited to, COPs, LRBs, JOBs, and POBs) compared to total annual General Fund Revenues net of interfund transfers.
B. Revenue Bonds
Long-term obligations payable solely from specific special fund sources, in general, are not subject to a debt limitation. Examples of such long-term obligations include those which are payable from a special fund consisting of restricted revenues or user fees (Enterprise Revenues) and revenues derived from the system of which the project being funded is a part.
In determining the affordability of proposed revenue bonds, the City will perform an analysis comparing projected annual net revenues (exclusive of depreciation which is a non-cash related expense) to estimated annual debt service. The City should strive to maintain a coverage ratio of 110% (or such higher coverage ratio included in the City’s existing financing documents), using historical and/or projected net revenues to cover annual debt service for bonds. To the extent necessary, the City shall undertake proceedings for a rate increase to cover both operations and debt service costs, and create debt service reserve funds to maintain the required coverage ratio.
C. Special Districts Financing
The City’s special districts primarily consist of Community Facilities Districts (CFDs) and 1913/1915 Act Assessment Districts (Assessment Districts).
The City will consider requests for special district formation and debt issuance when such requests address a public need or provide a public benefit. Each application will be considered on a case by case basis, and the Finance Department may not recommend a financing if it is determined that the financing could be detrimental to the debt position or the best interests of the City.
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D. General Obligation Bonds
Notwithstanding their name, General Obligation Bonds are not general obligations of the City, but instead they are payable from and secured by a dedicated, voter-approved property tax override rate (i.e., a property tax in excess of the 1% basic ad valorem property tax rate which has received the approving two-thirds vote of the City’s electorate). While the dedicated revenue stream to repay the debt makes General Obligation Bonds an attractive option, additional considerations for this financing mechanism include the time and expense of an election, the possibility that the electorate will not approve the ballot measure, and the legal bonding capacity limit (3.75% of the assessed value of all taxable property within the City as of the adoption date of this Policy).
E. Tax Increment Financing
Tax Increment Financing is payable from and secured by a portion of ad valorem property taxes that are allocated to the Successor Agency, an enhanced infrastructure financing district (EIFD), or a community revitalization and investment authority (CRIA) subject to a plan adopted for such entity and the applicable law. While tax increment debt for redevelopment agencies and Successor Agencies is entitled to the benefits of Article XVI, Section 16, of the California Constitution, no similar provision exists for EIFDs and CRIAs at the time of adoption of this Policy. Therefore, when considering EIFD or CRIA financing, debt limit concerns should be analyzed with respect to the proposed structure and taken into account in determining the practical viability of the proposed financing.
F. Conduit Debt
Conduit financing provides for the issuance of securities by a government agency to finance a project of a third party, such as a non-profit organization or other private entity. The City may sponsor conduit financings for those activities that have a general public purpose and are consistent with the City’s overall service and policy objectives. Unless a compelling public policy rationale exists, such conduit financings will not in any way pledge the City’s faith and credit.
5. Structure of Debt
A. Term of Debt
In keeping with Internal Revenue Service regulations for tax-exempt financing obligations, the weighted average maturity of the debt should not exceed 120 percent of the weighted average economic life of the facilities or projects to be financed, unless specific circumstances exist that would mitigate the extension of time to repay the debt and it would not cause the 167
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City to violate any covenants to maintain the tax-exempt status of such debt, if applicable.
B. Rapidity of Debt Payment; Level Payment
To the extent practical, bonds will be amortized on a level repayment basis, and revenue bonds will be amortized on a level repayment basis considering the forecasted available pledged revenues to achieve the lowest rates possible. Bond repayments should not increase on an annual basis in excess of 2% without a dedicated and supporting revenue funding stream.
Accelerated repayment schedules reduce debt burden faster and reduce total borrowing costs. The Finance Department will amortize debt through the most financially advantageous debt structure and to the extent possible, match the City’s projected cash flow to the anticipated debt service payments. “Backloading” of debt service will be considered only when one or more of the following occur:
1) Natural disasters or extraordinary or unanticipated external factors make payments on the debt in early years prohibitive.
2) The benefits derived from the debt issuance can clearly be demonstrated to be greater in the future than in the present. 3) Such structuring is beneficial to the City’s aggregate overall debt payment schedule or achieves measurable interest savings. 4) Such structuring will allow debt service to more closely match projected revenues, whether due to lower project revenues during the early years of the project’s operation, inflation escalators in the enterprise user rates, or other quantifiable reasons.
C. Serial Bonds, Term Bonds, and Capital Appreciation Bonds For each issuance, the City will select serial bonds or term bonds, or both.
On the occasions where circumstances warrant, Capital Appreciation Bonds (CABs) may be used. The decision to use term, serial, or CAB bonds is driven based on market conditions.
D. Reserve Funds
To the extent a reserve fund provides an economic benefit that offsets the cost of funding the reserve fund, as determined by the Finance Director in consultation with the City’s municipal advisor and, if applicable, the underwriter for the bonds, the City may fund a reserve fund for the proposed bonds, up to the maximum amount permitted by applicable law or regulation. Typically, this amount is equal to the least of (i) maximum annual debt service on the bonds, (ii) 10% of the principal amount of the bonds (or 10% of the sale proceeds of the bonds, within the meaning of 168
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Section 148 of the federal Internal Revenue Code), or (iii) 125% of average annual debt service on the bonds.
6. Use of Alternative Debt Instruments
Alternative debt instruments and financing structures sometimes can provide a lower cost of borrowing in the short run, but may involve greater medium-term or long-term risk. Due diligence review must be performed for each transaction, including the quantification of potential risks and benefits, analysis of the impact on City creditworthiness and debt affordability and capacity, and an evaluation of the ability of the City to withstand the medium-term or long-term risk attendant to alternative debt instruments, including the feasibility of exit strategies.
A. Variable Rate Debt
Variable rate debt affords the City the potential to achieve a lower cost debt depending on market conditions. However, the City will seek to limit the use of variable-rate debt due to the potential risks of such instruments. 1) Purpose
The City shall consider the use of variable rate debt for the purposes of:
a) Reducing the costs of debt issues.
b) Increasing flexibility for accelerating principal repayment and amortization.
c) Enhancing the management of assets and liabilities (matching short-term “priced debt” with the City’s short-term
investments).
2) Considerations and Limitations on Variable-Rate Debt The City may consider the use of all alternative structures and modes of variable rate debt to the extent permissible under State law and will make determinations among different types of modes of variable rate debt based on cost, benefit, and risk factors. The Finance Director shall consider the following factors in considering whether to utilize variable rate debt:
a) With respect to General Fund supported debt, any variable rate debt should not exceed 50% of total City General Fund supported debt.
b) Any variable rate debt should be fully hedged by expected future capital fund reserves or unrestricted General Fund reserve levels, as applicable.
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c) Whether interest cost and market conditions (including the shape of the yield curves and relative value considerations) are unfavorable for issuing fixed rate debt.
d) The likelihood of projected debt service savings when comparing the cost of fixed rate bonds.
e) Costs, implementation and administration are quantified and considered.
f) Cost and availability of liquidity facilities (lines of credit necessary for variable rate debt obligations and commercial paper in the event that the bonds are not successfully
remarketed) are quantified and considered.
g) Whether the ability to convert debt to another mode (daily, monthly, fixed) or redeem at par at any time is permitted. h) Cost and availability of derivative products to hedge interest rate risk.
i) The findings of a thorough risk management assessment. 3) Risk Management
Any issuance of variable rate debt shall require a rigorous risk assessment, including, but not limited to factors discussed in this section. Variable rate debt subjects the City to additional financial risks (relative to fixed rate bonds), including interest rate risk, tax risk, and certain risks related to providing liquidity for certain types of variable rate debt.
The City will properly manage the risks as follows:
a) Interest Rate Risk and Tax Risk – The risk that market interest rates increase on variable-rate debt because of market
conditions, changes in taxation of municipal bond interest, or reductions in tax rates. Mitigation – Limit total variable rate exposure per the defined limits, match the variable rate liabilities with short term assets, and/or purchase appropriate derivative products to hedge against the risk (see also Section 6.B below).
b) Liquidity/Remarketing Risk – The risk that holders of variable rate bonds exercise their “put” option, tender their bonds, and the bonds cannot be remarketed requiring the bond liquidity facility provider to repurchase the bonds. This will result in the City paying a higher rate of interest to the facility provider and the potential rapid amortization of the repurchased bonds.
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liquidity facilities which allow for longer (5-10 years) amortization of any draws on the facility. Endeavor to secure credit support facilities that result in bond ratings of the highest short-term ratings and long-term ratings not less than AA. If the City’s bonds are downgraded below these levels (or such other rating levels as provided in the applicable financing documents) as a result of the facility provider’s ratings, a replacement provider shall be sought.
c) Liquidity/Rollover Risk – The risk that arises due to the shorter term of most liquidity provider agreements (1-5 years) relative to the longer-term amortization schedule of the City’s variablerate bonds. Liquidity and rollover risk includes the following risks: (1) the City may incur higher renewal fees when renewal agreements are negotiated, and (2) the liquidity bank market may constrict such that it is difficult to secure third party liquidity at any interest rate. Mitigation – Negotiate longer terms on provider contracts to minimize the number of
rollovers.
B. Derivatives
The use of certain derivative products to hedge variable rate debt, such as interest rate swaps, may be considered to the extent the City has such debt outstanding or under consideration. The City will exercise extreme caution in the use of derivative instruments for hedging purposes, and will consider their utilization only when sufficient understanding of the products and sufficient expertise for their appropriate use has been developed. A comprehensive derivative policy will be adopted by the City prior to any utilization of such instruments.
7. Refunding Guidelines
The Finance Director shall monitor at least annually all outstanding City debt obligations for potential refinancing opportunities. The City will consider refinancing of outstanding debt to achieve annual savings or to refinance a bullet payment or spike in debt service. Except for instances in which a bullet payment or spike in debt service is being refinanced, absent a compelling reason or financial benefit to the City, any refinancing should not result in an increase to the weighted average life of the refinanced debt.
Except for instances in which a bullet payment or spike in debt service is being refinanced, the City will generally seek to achieve debt service savings which, on a net present value basis, are at least 5% of the debt being refinanced. The net present value assessment shall factor in all costs, including issuance, escrow, and foregone interest earnings of any contributed funds on hand. Any potential refinancing shall additionally consider whether an alternative refinancing opportunity with higher savings is reasonably expected in the future. Refundings which produce a net present value savings of less than 5% will be considered on a case-by-case basis. Notwithstanding the foregoing, a refunding of Successor 171
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Agency bonds shall be determined based on the requirements of Health and Safety Code Section 34177.5.
8. Market Communication, Administration, and Reporting
A. Rating Agency Relations and Annual or Ongoing Surveillance The Finance Director shall be responsible for maintaining the City’s relationships with S&P Global Ratings, Fitch Ratings and Moody’s Investor’s Service. The City is committed to maintaining its existing rating levels. In addition to general communication, the Finance Director shall:
1) Ensure the rating agencies are provided updated financial statements of the City as they become publicallypublicly available. 2) Communicate with credit analysts at each agency at least once each year, or as may be requested by the agencies.
3) Prior to each proposed new debt issuance, schedule meetings or conference calls with agency analysts and provide a thorough update on the City’s financial position, including the impacts of the proposed debt issuance.
B. Council Communication
The Finance Director should report feedback from rating agencies, when and if available, regarding the City’s financial strengths and weaknesses and areas of concern relating to weaknesses as they pertain to maintaining the City’s existing credit ratings.
C. Continuing Disclosure Compliance
The City shall remain in compliance with Rule 15c2-12, promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, by filing (to the extent required by the applicable continuing disclosure undertaking) its annual financial statements and other financial and operating data for the benefit of its bondholders within 270 days of the close of the fiscal year, or by such other annual deadline required in any continuing disclosure agreement or certificate for any debt issue. The City shall maintain a log or file evidencing that all continuing disclosure filings have been made promptly.
D. Debt Issue Record-Keeping
A copy of all debt-related records shall be retained at the City’s offices. At minimum, these records shall include all official statements, bond legal documents/transcripts, resolutions, trustee statements, leases, and title reports for each City financing (to the extent available). 172
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Such records shall be retained while any bonds of an issue are outstanding and during the three-year period following the final maturity or redemption of the bond issue or, if later, while any bonds that refund bonds of that original issue are outstanding and for the three- year period following the final maturity or redemption date of the latest refunding bond issue.
E. Arbitrage Rebate
The use of bond proceeds and their investments must be monitored to ensure compliance with all arbitrage rebate requirements of the Internal Revenue Code and related Internal Revenue Service regulations, in keeping with the covenants of the City in the tax certificate for any federally tax-exempt financing. The Finance Director shall ensure that all bond proceeds and investments are tracked in a manner which facilitates accurate calculation; and, if a rebate payment is due, such payment is made in a timely manner.
9. Credit Ratings
The City will consider published ratings agency guidelines regarding best financial practices and guidelines for structuring its capital funding and debt strategies to maintain the highest possible credit ratings consistent with its current operating and capital needs.
Whenever the City of Moorpark receives a credit rating, the City will strive to maintain ‘investment grade’ standings in the municipal market (BBB-/Baa3 and higher). Below is the credit rating scale of the three (3) major rating agencies:
Standard &
Poor's
Corporation
Fitch
Investors
Service. Inc.
Moody's
Investor's
Service, Inc. Definition
AAA AAA Aaa Highest grade credit
AA+
AA
AAAA+
AA
AAAa1
Aa2
Aa3
Very high grade credit
A+
A
AA+
A
AA1
A2
A3
High grade credit
BBB+
BBB
BBBBBB+
BBB
BBBBaa1
Baa2
Baa3
Good grade credit
BB+
BB
BBBB+
BB
BBBa1
Ba2
Ba3
Non-investment grade
Speculative credit
B+
B
BB+
B
BB1
B2
B3
Very speculative credit
CCC+ CCC+ Caa1 Substantial risk
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CCC
CCCCC
C
CCC
CCCCC
C
Caa2
Caa3
Ca
In or near default with
possibility of recovery
SD
D
DDD
DD
D
C Default
Minimal chance of recovery
10. SB 1029 Compliance
Senate Bill 1029, signed by Governor Brown on September 12, 2016, and enacted as Chapter 307, Statutes of 2016, requires issuers to adopt debt policies addressing each of the five items below:
A. The purposes for which the debt proceeds may be used.
Section 3.B (Acceptable Uses of Debt and Proceeds of Debt) and Section
3.C. (Prohibited Use of Debt and Proceeds of Debt) address the purposes for which debt proceeds may be used.
B. The types of debt that may be issued.
Section 4 (Types of Financing Instruments; Affordable and Planning Policies), Section 5 (Structure of Debt) and Section 6 (Use of Alternative Debt Instruments) provide information regarding the types of debt that may be issued.
C. The relationship of the debt to, and integration with, the issuer's capital improvement program or budget, if applicable.
Section 3.A (Acceptable Conditions for the Use of Debt) provides information regarding the relationship between the City’s debt and Capital Improvement Program.
D. Policy goals related to the issuer's planning goals and objectives.
As described in Section 2 (Background), Section 4 (Types of Financing Instruments; Affordable and Planning Policies), and other sections, this Policy has been adopted to assist with the City’s goal of maintaining fiscal sustainability and financial prudence.
E. The internal control procedures that the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will be directed to the intended use.
Section 3.D (Internal Control Procedures Concerning Use of Proceeds of Debt) provides information regarding the City’s internal control procedures designed to ensure that the proceeds of its debt issues are spent as intended.
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SECTION 6. POLICIES APPLICABLE TO PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT
Policy 6.1: Flag Etiquette
1. The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole.
2. The National and State Flags are to be displayed daily from the start of the business day through the close of the business day during the normal work week.
Flags may be flown 24 hours per day if appropriately lighted.
3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all-weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day.
4. Flags will be flown at half-staff as follows:
A. When ordered by the President or the Governor of the State in the event of the death of a present or former official as follows:
President, former or presiding 30 days from the day of death Vice President, the Chief Justice 10 days from the day of death or Retired Chief Justice of the
United States or the Speaker of
the House of Representatives
Associate Justice of the Supreme Day of death to day of interment Court; a Secretary of an executive
or military department; a former Vice
President; or Governor of a State,
territory or possession.
Member of Congress Day of death and day following
By order of the President Period to be prescribed
By order of the Governor Day of death to day of interment B. On Memorial Day, the last Monday in May, flags will be flown at half-staff from sunrise until noon; and on Peace Officers Memorial Day, May 15, flags will be flown at half-staff from sunrise to sunset, unless that day is also Armed Forces Day, the third Saturday in May.
C. On Patriot Day (September 11) and National Pearl Harbor Remembrance Day (December 7), flags will be flown at half-staff from sunrise to sunset if 175
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the President issues a proclamation each year directing the flag of the United States to be flown at half-staff on September 11 and December 7.
5. Flags will be flown at half-staff from the day of death to the day of interment for any currently seated Member of the City Council, Member of the City Council Elect or any previously seated Member of the City Council, not to exceed 14 calendar days.
6. Flags will be flown at half-staff from the day of death to the day of interment for any currently serving City Manager or City Department Head, not to exceed 14 calendar days.
7. Flags will be flown at half-staff from the day of death to the day of interment for any City employee or local public safety officer killed in the line of duty, not to exceed 14 calendar days.
8. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year.
9. It is the responsibility of the Parks, Recreation and Community Services Department to display the National and State Flags at municipal facilities in accordance with the United States Flag Code (includes Title 4, Chapter 1, The Flag) and the pamphlet "Our Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress.
10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. The City Manager may delegate certain ceremonial flag lowering responsibilities at the Moorpark Veteran’s Memorial to the American Legion.
11. The flag policy for the City of Moorpark Police Services Center shall be consistent with Nos. 1 through 10 of this Flag Etiquette Policy and will also include the following provisions:
A. Flags may be flown at half-staff and for the same length of time as followed by the Ventura County Sheriff’s Department (Sheriff), consistent with other facilities managed by the Sheriff, so long as the Sheriff’s Department is a tenant at the Police Services Center; and
B. Flags may be flown at half-staff and for the same length of time as followed by the California Highway Patrol (CHP), consistent with other facilities managed by the CHP, so long as the CHP is a tenant at the Police Services Center.
Policy 6.2: Park Naming
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1. The City Council will direct the Parks and Recreation Commission to make recommendations on names for all new park projects during or before park construction.
2. City parks may be named in a manner which identifies the geographic location of each park. The name of a street, or the street upon which the park is located, may be part of the park name. In special circumstances, parks may be named for individuals under the following conditions: for a City of Moorpark resident who has made significant contributions that enhance and improve the quality of life in Moorpark, or a prominent state or national figure who has had a positive impact on the lives of Moorpark residents. Park names may be designated to recognize a national or historical event.
3. The City Council will consider the Parks and Recreation Commission’s recommendations and will adopt the chosen park name by resolution.
Policy 6.3: Active Adult Center Annual Meeting
At least once a year, City staff will invite all Active Adult Center program participants to attend a meeting for the purpose of discussion and receipt of comments on the development of programs and activities of interest to local seniors, and to facilitate communication between City staff and participants. Following the meeting, staff will prepare a summary report of comments received at the annual meeting, and will provide the City Council with a copy of the report.
Policy 6.4: Active Adult Center Standards of Conduct
In order to provide the Moorpark Active Adult Center with an atmosphere of safety, courtesy, integrity and respect; the City of Moorpark has established a “Standards of Conduct Policy.” This policy applies to all participants, defined as individuals, contract instructors, facility users, organizations or groups, and volunteers using, gathering and/or participating in activities at or associated with the Moorpark Active Adult Center. Each participant, as described in the prior sentence, is responsible for regulating his or her own conduct in a positive, productive, and mature manner. In matters of general conduct, participants shall be governed by the ordinary and reasonable rules of behavior observed by law-abiding and self-respecting citizens.
Neither the City of Moorpark nor the Active Adult Center are responsible for lost or stolen items, although please check with staff if you have lost anything as we do have a ‘lost and found’. Participants need to keep their belongings with them at all times as staff cannot be responsible for their safekeeping.
All participants and City staff have the right to be safe, and feel safe while attending a City facility or program. With this right comes the responsibility to be law-abiding citizens and to be accountable for actions that put at risk the safety of others or oneself. Participants shall comply with all established and adopted rules and procedures governing City buildings.
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1. Dangerous, destructive or illegal conduct, including any violation of local, state, or federal law but not limited to the following, is strictly prohibited:
A. Engaging in or threatening physical assault or abuse.
B. Displaying a weapon of any type.
C. Threatening or harassing other patrons or staff, including but not limited to battery; verbal threats; stalking or following; offensive staring or touching; unwanted sexual advances, comments, or gestures; or other behavior typically defined as “Sexual Harassment”.
D. Theft of Active Adult Center and/or personal property. Failure to comply with these standards of conduct may result in disciplinary actions, up to and including permanent suspension from the Active Adult
E. Damaging, defacing, vandalizing, or destroying Active Adult Center property or grounds.
2. All participants at the Moorpark Active Adult Center are expected to:
A. Treat others with respect.
B. Use courteous language at all times.
C. Be flexible in accepting alternate facility assignments or modification to schedules due to maintenance and scheduling conflicts and/or emergency situations, etc.
D. Comply with the decisions of staff and abide by the established grievance procedures when concerns arise.
E. Refrain from being a part of malicious gossip or activities, which would tend to be disruptive.
F. Maintain an environment where conflict and differences can be addressed in a manner characterized by respect and civility.
G. Abide by posted signage on policies pertaining to donated items; including but not limited to, how many food items can be taken per person per day.
H. Eat, drink, and chew gum in designated areas only.
I. Show proper care and regard for City property and the property of others; and make a reasonable effort at cleanup, returning facilities to the condition immediately prior to use.
J. Abide by the City’s computer, printer, and copier use rules.
3. Prohibited Activities
A. Possession of, being under the influence of, or using alcohol or controlled substances on Active Adult Center premises.
B. Smoking or the use of tobacco, including e-cigarettes, inside or anywhere on the Civic Center premises which includes the Active Adult Center, Library, Community Center, City Hall Buildings, and parking lots.
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D. Using Active Adult Center restrooms for bathing, shaving, or washing hair or clothes.
E. Using the Active Adult Center if one’s bodily hygiene is offensive so as to constitute a nuisance to others.
F Dirtying or staining Active Adult Center facilities, material or equipment.
G. Placing feet on tables, chairs or against walls.
H. Loitering in the Active Adult Center or on City property. The public must leave the premises at closing time.
I. Obstructing aisles or access to Active Adult Center facilities, furnishings, equipment or exits with oversized bags or assistive mobility devices.
J. Posting or distributing of printed material inside the Active Adult Center without receiving approval from authorized Active Adult Center staff. The City Manager shall approve an “Active Adult Center Community Bulletin Board Procedure” for additional rules regarding posting of material.
K. Solicitation, selling, panhandling, or any other commercial activities.
L. Photographing, audio recording, or filming without permission from City Administration or Active Adult Center staff except at governmental meetings open to the general public.
M. Animals are prohibited, except for service or comfort animals for the disabled and for scheduled, approved Active Adult Center activities. Service dogs must have an assistance dog identification tag per California Food and Agricultural Code Section 30850. Comfort animals shall require approval of the City Manager or designee, subject to receipt of any requested documentation.
N. Tampering with or destroying of computer equipment or files.
O. Removing any hardware component or accessory from Active Adult Center computers.
P. Using personal electronic equipment such as tablets, laptops, and calculators with a noise level that interferes with others.
Q. Plugging in personal electronic equipment (i.e. cell phones/laptops) so that it creates a tripping hazard or disturbs others.
4. Disciplinary Process for Moorpark Active Adult Center A. Failure to comply with these standards of conduct may result in disciplinary actions, up to and including permanent suspension from the Active Adult Center. The severity of the infraction may be cause for immediate suspension without warning. When a serious act of misconduct by a participant occurs, the Active Adult Supervisor shall immediately investigate the allegation. The Supervisor shall make a recommendation to the or City Manager Designee regarding the final disciplinary action. In the interim, the Supervisor may immediately impose reasonable restrictions up to a temporary suspension verbally or in writing until the final action can be determined.
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B. The disciplinary actions below may be enforced and escalate directly to permanent suspension and/or any step(s) in between depending on the behavior, misconduct, level of disruption of normal activities or severity of the offense. The Moorpark Police Department will be called for assistance if necessary. If the disruption is suspected to be related to adult mental health issues, County of Ventura Adult Protective Services will be contacted for an investigation, as required by law. Family members may also be contacted, if known, to help alleviate issues, where appropriate.
1) First Occurrence – Verbal or written warning including a review of the Moorpark Active Adult Center Standards of Conduct- Policy.. This staff review will also include possible suggestions on ways to avoid a recurrence of the incident of behavior. Depending on the nature of and/or the severity of the offense, a first occurrence can lead to permanent suspension.
2) Second Occurrence – A written admonishment to the participant with a copy to the City Manager or City Manager Designee shall be completed. Depending on the nature of and/or severity of the offense, a second occurrence can lead to permanent suspension. 3) Third Occurrence – May include a temporary or permanent suspension from the Active Adult Center. Two suspensions within a twelve (12) month period may result in an extended or permanent suspension. A written suspension notice will be given to the offending party with a copy to the City Manager or City Manager Designee.
5. Appeal Process
Request for review and appeal of any of the above steps must be in written form and delivered City Hall, Attention: City Manager, within ten (10) working days of the warning or suspension. After investigation, and within ten (15) working days of the incident, the City Manager or City Manager Designee shall notify the offending party, in writing, of the final decision.
Policy 6.5: Recreation and Active Adult Program Cancellation and Withdrawal
1. Purpose
The purpose and intent of the City Council in adopting the Cancellation and Withdrawal Policy is to provide direction to staff and the public relating to the refunding, crediting, or transferring of fees paid for program cancellations or withdrawals.
2. Definitions
“Director” shall mean the Parks, and Recreation and Community Services Director or such successive position as determined by the City Manager. “Program” shall mean any recreation and active adult activity offered by the City of Moorpark, including but not limited to classes, camps, sports leagues and special 180
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events. A “Program” shall further be defined as having a unique activity or pointof-sale code. “Participant” shall mean the individual enrolled in a Program, or if under 18 years of age, his/her parent or legal guardian.
“Payee” shall mean the individual who paid the Program fees, or if under 18 years of age, his/her parent or legal guardian.
“Cancellation” shall mean the discontinuing of a Program that is initiated by the City.
“Withdrawal” shall mean the withdrawal from a Program initiated by the Participant. “Refund” shall mean refunding monies paid directly to the Payee. “Credit” shall mean applying credit to the Payee’s account at the Arroyo Vista Recreation Center or Active Adult Center.
“Transfer” shall mean applying monies paid for a Program to another Program. “Non-Refundable Fees” shall mean fees which cannot be refunded, credited, or transferred by the City. Such fees include but are not limited to Active Network convenience fees, instructor lab fees, and any other fees not collected by the City.
3. Cancellations Initiated by the City:
A. Programs cancelled prior to the first meeting date
Fees paid shall be refunded, credited, or transferred in full for Programs cancelled by the City prior to the first meeting date. The Convenience Fee identified in Section 2 under Non-Refundable Fees cannot be refunded, but will be credited or transferred. Every effort will be made to reschedule cancelled programs.
B. Programs cancelled after the first meeting date
Fees paid shall be refunded, credited, or transferred at a pro-rated rate for Programs cancelled by the City after the first meeting date, less NonRefundable Fees as defined in No. 2 of this policy.
4. Participant Initiated Withdrawals
A. Application Process
In order for Refunds, Credits, or Transfers to be processed for Withdrawals, the Participant must submit a request to the City. Requests for Withdrawal must be submitted by the Participant via telephone, e-mail, fax, or in person to an authorized City staff member.
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B. Application Period
Requests must be received by the City within the prescribed time frame as indicated below in order to be considered. Requests must be received as follows:
1) One-day programs and day camps (including but not limited to individual camp days, workshops and other single-day classes, and registered events): One business day prior to the Program date. 2) Programs consisting of two or more meeting dates (including but not limited to multi-session classes and individual registration sports leagues): Prior to the start of the second meeting date. 3) Sports Leagues and Tournaments (including all team registration programs; only team managers may submit withdrawal requests):
Prior to the posting of the game schedule or five (5) business days before the first scheduled game, whichever occurs first.
5. Refunds, Credits, and Transfers
A. General Conditions
Any costs incurred by the City or a contract instructor including but not limited to uniforms, supplies, or equipment provided to the Participant, will be deducted from Refunds, Credits, or Transfers.
B. Refunds
Refunds will be made to the original Payee only. Refunds will be processed based on the original payment method. For credit card payments, fees will be refunded to the credit card account used to pay the fees. For cash or check payments, fees will be refunded via check within four weeks. In addition to deductions as stated in 5.A, a $10.00 processing fee will be deducted from all refunds resulting from participant initiated refunds. The $10.00 processing fee will be waived for Programs canceled by the City.
C. Credits
Credits will be applied to the Payee’s account at the Arroyo Vista Recreation Center or Active Adult Center. Credits may be applied toward fees for other Programs or park or facility rentals. Credits are valid from the date of issue until the end of the fiscal year. Credits not used by the end of the fiscal year will be refunded in accordance with the process described in
5.B.
D. Transfers
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Participants who withdraw from one Program may transfer into another Program. If the cost of the Program being transferred into exceeds the fees available from the withdrawn Program, the balance due must be paid at the time of the transfer. If the cost of the program being transferred into is less than available fees, excess fees will be refunded or credited to the Payee.
6. Special Conditions and Interpretation
The Director may designate fees for certain programs as non-refundable. Written notice will be posted at the registration window or admission booth indicating fees which are non-refundable. Event admission fees are an example of a fee that is non-refundable.
In the event of unique circumstances not specifically and clearly addressed in this policy document, the Director is authorized to make interpretations of this policy and render a decision.
7. Right of Appeal
A Participant has the right to appeal the decision by City staff to deny a Refund, Credit, or Transfer. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the denial. The City Manager or his/her designee will affirm or deny the appeal in ten (10) business days. The decision of the City Manager or his/her designee shall be final.
Policy 6.6: Teen Council
1. Purpose
The purpose of the Teen Council shall be to investigate and make recommendations to City Parks, Recreation and Community Services Department staff on recreational programming and other matters of concern to Moorpark teens, and such other duties and functions as may be specifically assigned to the Teen Council by the City Council.
2. Goals
To encourage young residents to actively participate in the operations of their City government in a positive and productive manner.
To provide the opportunity to facilitate communication and a spirit of involvement by youth in City government.
To provide a learning experience for Teen Council members that is conductive to leadership growth.
3. Membership and Organization
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All appointments to the Teen Council shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council on procedure for appointments (Policy 2.2). The Teen Council shall consist of no less than seven (7) and no more than fifteen (15) members, with a goal of having a minimum of one (1) representative from each grade level from 7th grade to 12th grade. In the event there are sixteen (16) applications, the Council may appoint sixteen (16) members if it determines doing so would help meet the goal of having at least one (1) representative from each grade level from 7th grade to 12th grade.
All representatives must be City of Moorpark residents and must be enrolled in school. Special attention should be given to ensure that all middle schools and high schools in Moorpark have some representation on the Teen Council.
Representatives would typically be limited to not serving more than a total of three years on the Teen Council to allow more teens the opportunity to serve as a Teen Council representative.
In addition to the advertisement procedures specified in Policy 2.2, applications for Teen Council shall be made available at City Hall, Arroyo Vista Recreation Center, Moorpark High School, Moorpark Community High School, High School at Moorpark College, Chaparral Middle School, Mesa Verde Middle School, and any other location selected by the Parks, and Recreation and Community Services Director or City Clerk to encourage more applications.
Teen Council members shall each serve a one (1)-year term commencing on July 1 of each year. If a vacancy occurs otherwise than by expiration of a term, an appointment may be made to fill the unexpired portion of the term of office in accordance with Policy 2.2 of this resolution (Advertising and Appointment Policy for Citizen Appointments to Boards, Commissions and Committees).
The Teen Council shall conduct itself in an orderly fashion at all meetings and shall follow and obey the standing rules established by the Parks, Recreation and Community Services Department. A meeting quorum shall be defined as a majority of the total appointed members.
No member of the Teen Council shall use the title of Teen Council member on any form of communication unless authorized by the Parks, Recreation and Community Services Director and then channeled through the Teen Council for approval.
The Teen Council shall not present or purport to represent any position, policy, or direction for the City of Moorpark without the prior approval of the City Council.
The Teen Council shall hold monthly meetings with the day, time and location to be determined at the first annual meeting of the Teen Council. Meetings shall be open to all interested participants. The Teen Council shall annually elect its chair and vice-chair from its appointed members. City staff will attend all meetings and provide administrative support to the Teen Council, including establishment of the agenda.
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4. Duties and Responsibilities
A. Attend all Teen Council meetings and other Teen Council activities.
B. Actively participate in at least one Teen Council subcommittee, as approved by the City staff representative to the Teen Council.
C. Solicit, receive, and relay to City staff input and suggestions about any matters of concern to the teen residents in Moorpark.
D. Participate in publicity and promotional activities of the Teen Council.
E. Volunteer at recreation and library special events sponsored by the City’s Parks, Recreation, and Community Services Department.
5. Brown Act Compliance
The Teen Council is subject to the Brown Act, including notice and agenda requirements.
6. Removal of Members
Any appointed member of the Teen Council may be removed by either of the following:
A. A majority vote of the City Council; or
B. Following three (3) consecutive, unexcused or excused Teen Council meeting absences or five (5) total absences during the term of the Teen Council member, the Parks, Recreation and Community Services Director may determine the seat of such member to be vacant.
7. Volunteer Hours
Assigned City Recreation Division staff shall prepare a written record of the volunteer hours for each Teen Council member for attendance at the meetings and activities described in Section 4 of this policy. A Teen Council volunteer hours report shall be prepared and presented to the City Council, City Manager, and Parks and Recreation Director in conjunction with the annual Teen Council recognition to be scheduled no later than the first regular Council meeting in June of each year.
Policy 6.7: Allocation of Park Improvement Fee Payments Chapter 16.44 of the City’s Municipal Code, Public Parkland Dedications and/or Fees, includes requirements for the Amount of Fee in Lieu of Parkland Dedication (Section
16.44.050), and Limitation on Use of Land and Fees (Section 16.44.100). Ordinance No. 52, adopted on October 14, 1985, established a fee for new apartment houses and mobilehome parks for the purpose of providing park and recreational facilities to serve the 185
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future residents. Additionally, parks and recreation fees are required as a standard condition of approval for new commercial and industrial projects. The City Council has adopted by Resolution No. 2017-3656 two Park Improvement Fund Zones. Park Zone 1 is located north of Los Angeles Avenue and east of State Route 23. Park Zone 2 is located south of Los Angeles Avenue and west of State Route 23. The Park Improvement Fund Zone boundary map is included within the referenced resolution. This policy is intended to supplement Chapter 16.44 of the Moorpark Municipal Code and Ordinance No. 52 and formalize as policy of the City Council that fees paid in lieu of parkland dedication for residential subdivisions, apartment houses, mobilehome parks, and commercial and industrial projects (hereinafter referred to as park improvement fee payments) shall be deposited into the City’s Park Improvement Zone Funds and used as follows:
Sixty percent (60%) of park improvement fee payments will be placed in the Park Improvement Zone Fund in which the land development project I located and will be used for neighborhood park facilities within the Park Improvement Zone; and Forty percent (40%) of park improvement fee payments will be deposited in the Community-wide Park Improvement Fund and shall be expended for 1) improvements at Arroyo Vista Community Park; and 2) improvements at other City parks when such improvements are determined by a majority vote of the City Council to provide community-wide benefits to City residents.
Policy 6.8: Ban on Use of Anti-coagulant Rodenticides for City Landscape Maintenance Agreements
The Scope-of-Work for City maintenance agreements for eradicating rodents shall contain the following in regard to Rodent Control:
1. The Contractor’s Pest Control Advisor’s (PCA) recommendations shall provide specific names of the specific vertebrate specie(s) expected to be killed by the use of the rodenticide recommended, and shall further include any known secondary target host (other vertebrate animals) that would likely be killed by the use of the rodenticide recommended.
2. The Contractor shall provide for the safe control and eradication of rodents with the intent to safeguard and promote the well-being of all surrounding habitat in the areas to be treated. Contractor further agrees to follow PCA recommendation and to advise the City of any known alternative methods for the control and eradication of rodents. The City reserves the right to reject the use of any rodenticide at any time.
3. In no instance shall the Contractor, Contractor’s PCA or other subcontractors apply any anticoagulant rodenticides.
Policy 6.9: Youth Scholarship Program
1. The City of Moorpark Youth Scholarship Program provides financial assistance to the children of a City household with an income of less than 80 percent of the 186
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Ventura County median income based on household size. The intent is to provide the children of a lower-income household with an opportunity to participate in City sponsored recreation activities and programs offered through the City’s Arroyo Vista Recreation Center, including day camps, youth sports leagues, and recreation classes. Youth scholarships may be awarded to qualified applicants on a first-come, first-served basis, as approved by the City Manager or his/her designee, and may not be available for all qualified applicants.
2. The Youth Scholarship Program is available to qualifying City of Moorpark residents under the age of 18. Both the child and a parent/guardian must reside within the City of Moorpark. Proof of City residency is required and includes:
A. A valid California driver’s license or California identification card; and B. If the address on the driver’s license or identification card is not current, then along with that identification, a current utility bill addressed to the parent/guardian must accompany the document.
3. Qualification to participate is based on total household gross income, which must be less than 80 percent of the Ventura County median income based on household size. Household income includes all sources of income for the family, including wages, public assistance, alimony, child support, etc.
4. The following documents are required to verify household income:
A. Official letter from the Moorpark Unified School District confirming qualification for the current annual school year lunch program; or B. Current Federal tax return, current paycheck stub, and official documentation of child support, alimony, public assistance, or any other monies or income received.
5. Scholarships are awarded on a fiscal year basis, July 1 through June 30, and there is no carry over to the next fiscal year if not used by June 30.
6. The maximum scholarship award is $100.00 per qualifying child and $400.00 per qualifying household per fiscal year. If the applicant is requesting to use the awarded scholarship for a program fee that exceeds the scholarship limit, the balance of the program fee not funded by the scholarship would need to be paid to complete enrollment and permit participation.
7. Fees paid by scholarship awards cannot be refunded or transferred. Scholarship awards do not cover the annual registration fee for day camps nor the lab fees associated with other programs. Scholarship awards may not be applied to a prior registration or payment.
8. Current City employees, members of the City Council, and appointees to the Parks and Recreation Commission and their family members are not eligible for the City’s Youth Scholarship Program. For the purpose of this policy, “family members” is 187
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defined as follows: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, brother, son, daughter, step-son, step-daughter, son-in-law, daughter-inlaw, nephew, niece, grandchild, mother-in-law, father-in-law, brother-in-law, sisterin-law, spouse as defined as a partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Section 297 and including the requirement for the filing of a Declaration of Domestic Partnership with the Secretary of State. In addition, “family members” shall be defined to include non-blood relatives as a result of a subsequent marriage commonly referred to as a step-relative, including but not limited to step-mother, step-father, step-sister, step-brother, step-son, step-daughter, step-grandchild, step-mother-inlaw, step-father-in-law, step-brother-in-law, and step-sister-in-law.
Policy 6.10: High Street Arts Center Ticket Donation and Discounting Policy
1. Purpose
The purpose and intent of the City Council in adopting the High Street Arts Center Ticket Donation and Discounting Policy (Policy) is to govern the use of complimentary Ticket donations or price discounting in furtherance of public purposes for events or performances held at the High Street Arts Center. From time to time, requests are received from various entities for High Street Arts Center event or performance Tickets to be donated or sold at a discounted price for fundraising purposes. In addition, the City may offer to provide complimentary or discounted Tickets in exchange for financial donations in furtherance of public purposes. The use of complimentary or discounted Tickets is a privilege extended by the City and not the right of any person to which the privilege may be extended from time to time.
This policy shall not be applicable if the City and/or Successor Agency to the Redevelopment Agency of the City of Moorpark approves an operating agreement for the High Street Arts Center.
2. Definitions.
A. “City” or “City of Moorpark” shall mean and include the City of Moorpark, the Successor Agency and Successor Housing Agency of the Redevelopment Agency of the City of Moorpark, any other affiliated agency created or activated by the Moorpark City Council, and any departments, boards, and commissions thereof.
B. “City Official” means every member, officer, employee or consultant of the City of Moorpark, as defined in Government Code Section 82048 and Fair Political Practices Commission (FPPC) Regulation 18701. In addition for the purposes of this Policy, such term shall include, without limitation, any City Council member, City commission or board member or other appointed official, any employee of the City, and shall also include any employee of a consultant under contract to the City, who is required to file an annual Statement of Economic Interests (FPPC Form 700) with the City. 188
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C. “Event” means admission to a facility, event, show, or performance for an entertainment, amusement, recreational or similar purpose.
D. “Ticket” shall mean any ticket or pass which provides any form of admission privilege to an Event.
3. Ticket Administrator
The City Manager or his/her designee(s) shall be the Ticket Administrator for purposes of implementing and interpreting the provisions of this policy, and as such shall not be eligible to receive any donated Ticket distributed pursuant to this policy.
4. Approved Public Purposes for Complimentary or Discounted Tickets The following is a list of approved public purposes the City may accomplish through the distribution of complimentary or discounted Tickets:
A. A maximum of up to four (4) Tickets per calendar year may be donated to each public school located in the City of Moorpark and to any non-profit, non-political organization that benefits City of Moorpark residents, and specifically to non-profit organizations that benefit Moorpark youth (examples: local service clubs, organized youth groups, the Boys and Girls Club of Moorpark, and parent-teacher organizations).
B. The City Manager may approve the donation of Tickets in support of a City employee recognition program for the purpose of attracting and retaining highly qualified employees in City service. An employee may receive no more than two (2) Tickets per calendar year.
C. The City Manager may approve the donation of Tickets in support of a City volunteer recognition program for the purpose of attracting and rewarding volunteer public service, for which such volunteer may receive no more than two (2) Tickets per calendar year.
D. The City Manager may approve the donation of Tickets in support of promoting the High Street Arts Center programs at intergovernmental meetings, City sponsored training events, or other special events held at the High Street Arts Center, not to exceed a maximum of four (4) Tickets per event.
E. The Moorpark Chamber of Commerce may be given up to a maximum of four (4) complimentary Tickets per show in support of economic or business development purposes.
F. Up to a maximum of thirty (30) Tickets per calendar year may be discounted in price up to fifty percent (50%) for purchase by the Moorpark Foundation for the Arts in support of increasing their membership and encouraging donations.
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G. Members of the cast and crew of the shows at the High Street Arts Center may be given up to a maximum of two (2) complimentary Tickets per production in which they are participating.
H. Directors of each production may be given up to a maximum of ten (10) complimentary Tickets for that production.
I. Tickets may be discounted in price up to a maximum of twenty percent (20%) for purchase of no less than twenty (20) group Tickets at one time, except as prohibited by Section 5 of this policy. The group Tickets purchased at the discounted price for an annual fundraiser can be sold for the regular box office price or less, with any profit going to the charity.
5. Prohibited Complimentary and Discounted Tickets
Complimentary and discounted Tickets are not permitted to be distributed to the following:
A. For-profit or not-for-profit organizations with political objectives such as political action committees.
B. Candidates for public office or their campaign committees.
C. Elected officials.
D. City Officials as defined in Section 2, except for the purposes of employee recognition, as permitted by Section 4.B. of this policy.
6. The High Street Arts Center General Manager shall file an annual report with the City Clerk with a copy to the City Council and City Manager no later than the first day of February of each calendar year, showing the documentation for all complimentary and discounted Tickets issued for the prior calendar year, including but not limited to the following:
A. Name of organization or individual receiving complimentary Tickets B. Non-profit tax identification number for non-profit organizations C. Address of non-profit organization or other benefit verification documentation pursuant to Section 4.A.
D. Quantity of Tickets Donated or Discounted
E. Date of Ticket(s) donation or discount sale
Policy 6.11: Recreation and Active Adult Programs and Services Cost Recovery Policy
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1. Purpose
The purpose and intent of the City Council in adopting the Recreation and Active Adult Programs and Services Cost Recovery Policy is to provide direction to staff in calculating and establishing fees and charges for recreation programs, to establish a process to recover the appropriate portion of cost based on the recovery goals of the program, to provide a framework to modify or eliminate programs that do not meet the minimum cost recovery goals, and to determine the extent to which the General Fund will subsidize programs.
2. Program Costs
Costs for each program shall be divided into three categories: 1. direct costs; 2. division indirect costs; and 3. other indirect costs. Each cost category shall have established minimum and target cost recovery percentages. Costs for programs shall be defined as follows:
“Direct Costs” shall mean all costs directly associated with a program and charged to the program’s budget, and all part-time staff costs associated with direct staffing of a program.
“Division Indirect Costs” shall mean all division costs associated with the program and charged to the division budget, facility costs, and staff costs associated with planning and administration of the program.
“Other Indirect Costs” shall mean department overhead costs for the department director and his/her administrative staff and city-wide overhead costs associated with the operation of the division.
3. Revenue Sources
A variety of revenue sources may be used to meet a program’s designated cost recovery goal. The City Manager or his/her designee shall determine the most appropriate revenue sources to assign to a program. The City Manager or his/her designee shall have the authority to establish any fee(s), rates, or other charges associated with each program’s revenue source(s). Revenue sources include the following:
User Fees: Fees charged to the individual or team participating in a program, including admission fees and registration fees.
Sponsorships and Donations: Contributions in support of a specific program or service given to the City by private businesses or organizations.
Vendor Fees: Fees charged to vendors (such as food booths and arts and crafts booths) to participate in recreation programs.
Grants: Funding received by the City from a public, private, or non-profit grant or subvention program.
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Advertising and Promotional Fees: Fees charged for advertisements placed in recreation publications, temporary program or facility naming rights, providing program or service equipment or supplies baring the promoter’s name or logo, and providing ancillary items or printed materials baring the promoter’s name or logo.
4. Program Categories
Each recreation program and service offered by the Recreation Division shall be placed in a Program Category. A program shall be placed in the category that best defines the type, purpose, and structure of the program. Program Categories shall be defined as follows:
A. “Community Event” shall mean a community-wide event that meets all of the following criteria: 1) benefits the community as a whole; 2) appeals to broad segments of the community; 3) is traditionally offered by a public agency; 4) does not require advance registration to attend. Examples:
Fireworks Extravaganza, Moorpark Arts Festival.
B. “Special Event” shall mean an event that meets the following criteria: 1) benefits a large segment of the community; 2) appeals to a specific demographic or population; 3) is typically offered by a public agency.
Examples: Easter Egg Hunt, Trick or Treat Village Bingo Bash, Teen events.
C. “Other Event” shall mean all other events that do not fall into Community or Special event categories. Example: Visits from Santa.
D. “Day Camp” shall mean a general camp program for youth that does not focus on a specific activity type or topic. Examples: Camp Moorpark, Adventure Camp.
E. “Recreation Classes and Specialty Camps” shall mean any class, workshop, or specialty camp that focuses on a specific activity type or topic and is instructional or developmental in nature. Examples: Beginning Ballet, Lego Engineering Camp, Tot Sports classes, Yoga.
F. “Active Adult Classes” shall mean any class or workshop offered at the Active Adult Center that focuses on a specific activity type or topic, is instructional or developmental in nature, provides a benefit to the participant’s mental or physical well-being, and requires a paid instructor or has a specific program materials requirement. Examples: Strength Training, Yoga, Art.
G. “Adult Sports Program” shall mean an intra-community sports program which is offered for individuals ages 18 and older, is recreational in nature, and is open to a variety of playing abilities. Examples: Adult softball league, soccer league.
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H. “Youth Sports Program” shall mean an intra-community sports program which is offered for individuals ages 17 and younger, is recreational in nature, and is open to all playing abilities. Example: Youth Basketball League.
I. “Tournaments and Competitions” shall mean an activity that offers a higher level of competition than typical recreation level programs. Sports tournaments, extreme challenge events, and timed bicycle or running events are included under this definition. Example: Softball tournament sponsored by the City.
J. “Vital Services” shall be defined as services or activities that are essential to the health and well-being of the individual or community, are typically offered by a public agency, and are not generally available to the public through other sources. Example: Women’s assault prevention clinic.
K. “Special Interest Groups” shall be defined as social gatherings that do not have a paid instructor or supervisor at which the group will: 1. Discuss topics of interest; 2. Provide emotional or social support to group members; or 3. Work together on or participate in a common activity. Example: Book club.
5. Definition of Recovery Levels
Program Categories will be placed into recovery levels establishing the percentage of required minimum and target cost recovery the program. Levels are defined as follows:
A. Level One: Programs that are of a benefit to the whole community or are essential to the health and well-being of a target segment of the community, are typically provided by public agencies and not typically available through other providers, and require minimal commitment from participants (minimal time or financial investment is required, performance of program would not be altered by the absence of a single participant, and/or advance registration is not required.)
B. Level Two: Programs that provide a benefit to a targeted segment of the community, are often offered by public agencies, are limited in availability from other providers, and require minimal commitment from participants.
C. Level Three: Programs that provide both a community and individual benefit, are often offered by public agencies and may be available through other providers; and require some level of commitment from participants.
D. Level Four: Programs that have a greater individual than community benefit, may be offered by public agencies or private businesses or other providers, are instructional or recreational in nature, and require a strong commitment from the participant (substantial time or financial investment is required, 193
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performance of program may be altered by the absence of a participant, and/or advance registration is required.)
E. Level Five: Programs that provide primarily an individual benefit and are specialized or competitive in nature.
6. Cost Recovery Matrix
In accordance with the Cost Recovery Levels, the following matrix has been developed. The minimum recovery indicates the percentage of costs that must be recovered in order to continue offering the program without modification. The target recovery indicates the percentage of costs that staff will attempt to recover through program fees and other revenue sources.
7. Cost Recovery Implementation and Management
Division staff will establish, and the Department Director will approve, strategies for achieving cost recovery goals. Strategies will be implemented based on the best interests of maintaining a strong program and reaching the designated recovery goals within a period not to exceed one year. The process for cost recovery shall be as follows:
Programs and Levels
Minimum
Recovery
Target
Recovery
Minimum
Recovery
Target
Recovery
Minimum
Recovery
Target
Recovery
Level One: Includes:
Community Events (A)
Vital Services (J)
Level Two: Includes:
Special Events (B)
Active Adult Classes (F)
Special Interest Groups (K)
Level Three: Includes:
Day Camps (D)
Youth Sports Programs (H)
Level Four: Includes:
Recreation Classes and Specialty Camps (E)
Adult Sports Programs (G)
Level Five: Includes:
Other Events (C )
Tournaments and Competitions (I)
Direct Costs Division Indirect Costs Other Indirect Costs 25% 100% 0% 25% 0% 0%
50% 100% 0% 50%
100%
0%
100% 100% 50% 75%
0% 0%
0% 0%
50%
75% 100%
100% 100% 100%
25%
100%
100% 100%
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A. Each recreation program or service will be assigned to the appropriate Program Category, establishing the recovery level for the program.
B. Staff will determine appropriate revenue source(s) for the program and establish user fees, sponsorships/donations, vendor fees, and/or grant amounts necessary to meet minimum cost recovery.
C. Programs will be reviewed annually to determine if they are meeting the minimum cost recovery percentage.
D. Programs that are unable to meet the minimum cost recovery will be reviewed by the Department Director for consideration of appropriate action, including restructuring or eliminating the program.
E. Programs that meet minimum cost recovery and do not exceed target recovery will not require action.
F. Programs that exceed target cost recovery will be reviewed to determine whether or not fees should be decreased, the program should be placed in a different Program Category or Recovery Level, or other action is needed.
G. An annual report will be presented to the Parks and Recreation Commission by October 31 and to the City Council by December 31 each year summarizing the programs offered during the prior fiscal year and whether cost recovery goals for each program were met.
8. Right of Exclusion
The City Manager is authorized to exclude individual programs from the Cost Recovery Policy. Said programs shall be budgeted as approved by the City Council. Said programs shall not be required to meet Cost Recovery requirements and may operate below recovery levels for the program category, or without revenue sources.
Policy 6.12: Public Art in New City Public Facilities
1. Purpose
The purpose and intent of this policy is to ensure that the City of Moorpark’s public facilities include public art as a feature of the exterior or, in some cases, the interior building design. Consideration for the placement and type of public artworks shall be considered during the concept design phase of all new City public facility projects. The Arts Commission (Commission) shall consider placement and type of public art and make a recommendation to the City Council prior to the Council’s consideration of the final design concept for the artwork. The artwork design concept for a City public facility may involve a theme about persons or groups of persons, historic sites, cultural representations; style (such as sculpture or mural); 195
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and medium (such as metals, concrete, rock or paint). Artworks are as defined in City of Moorpark Municipal Code, Chapter 17.50.020.
2. Artwork Site Selection Planning
Staff shall consult with the Commission during the early stages of new public facility project development regarding site planning and possible placement of artworks.
3. Project Funding, Administration, and Management
Costs for each public art project shall be included in the capital improvement budget for each new public facility in an amount not less than one (1) percent of the facility’s total building valuation excluding land value and off-site improvements.
The primary source of funding for public art projects at new public facilities shall be the same as the funding source for the facility. Supplemental funding may be provided from the Art in Public Places Fund (Fund) or other sources as authorized by the City Council. This Fund is considered finite, since future private developments are limited.
Policy 6.13: Authority to Establish Rules, Regulations, Policies, and Procedures for the Operation of City-Sponsored Recreation Programs
1. Purpose
The purpose and intent of the City Council in adopting this Policy is to delegate authority for establishing the rules, regulations, policies, and procedures necessary to operate City-sponsored recreation programs.
2. Authority Reserved for City Council
Policies, regulations, and procedures which govern the operation of recreation programs as a whole shall be established by City Council resolution, including specific policies within the City Council Policies Resolution and budget appropriations.
3. Authority Delegated to City Manager
The City Manager or his/her designee shall have the authority to establish rules and procedures for the operation of individual recreation programs or program categories, as defined in the Recreation Programs and Services Cost Recovery Policy. Adoption or amendment of user fees shall be consistent with applicable state law and City Council policies.
4. Administration and Enforcement
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The City Manager or his/her designee shall have the authority to administer and enforce all recreation program rules, regulations, policies, and procedures.
Policy 6.14: Contract Instructor Policy
1. Purpose
The purpose and intent of the City Council in adopting this policy is to provide direction to staff and independent contractors relating to the methods and standards for contracting and managing independent contractors teaching recreation classes.
2. Definitions
“City” shall mean the City of Moorpark.
“Director” shall mean the Parks and Recreation Director or his/her designee, as determined by the City Manager.
“Class” shall mean any recreation class offered by the City of Moorpark. “Class Schedule” shall mean the document detailing all Class information. The Class Schedule shall be produced by the City, mutually agreed upon by the Contract Instructor and the City, and attached to and made part of the Agreement. “Contract Instructor” shall mean an individual or business contracted to provide instructional and teaching services for recreation classes. Contract Instructors are not employees of the City of Moorpark.
“Potential Contract Instructor” shall mean an individual or business interested in providing instructional and teaching services for recreation classes, but has not yet been contracted to do so with the City of Moorpark.
“Agreement” shall mean an agreement for teaching and instructional services, made and entered into between the City and the Contract Instructor. The City Manager shall have the authority to establish the form of the Agreement. “Proposal” or “Class Proposal” shall mean a recreation class proposition which includes a class title, course description, ages of participants, fees, class day(s), session dates, and times of instruction.
3. Contract Instructor Minimum Requirements
All Contract Instructors must meet the following minimum requirements. Potential Contract Instructors must have the ability to meet the following minimum requirements prior to becoming a Contact Instructor:
A. Valid Photo Identification
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Contract Instructors must be able to present valid photo identification to City staff. Valid photo identification must be a California driver’s license or similar identification card issued by the state of California.
B. Education and Teaching Experience
Contract Instructors must have the appropriate specialized experience, certifications, and background to carry out the duties involved in instructing recreation classes. At a minimum, Contract Instructors must have six (6) months teaching experience in the subject matter, and possess any licenses or certificates as dictated by industry standards. At City’s discretion, training and the ability to demonstrate competency in the subject matter may substitute for teaching experience.
C. Insurance
Contract Instructors must procure and maintain, in full force and effect at Contract Instructor’s sole cost and expense, the types and amounts of insurance as established by the City Manager or his/her designee.
D. Fingerprinting Required
Contract Instructors must satisfactorily pass a fingerprinting process and background verification prior to conducting any recreation class(es) in which minors participate.
E. Tuberculosis Test
Contract Instructors must have been found to be free of communicable tuberculosis (TB) based on a negative TB skin test by a qualified medical professional within the last two years and provide written verification to the City.
F. Authority to Sign Agreement
All individuals or businesses who teach recreation classes as a Contract Instructor must enter into a written Agreement with the City. The individual signing the Agreement must have the authority to do so.
G. Taxes and Earnings
Contract Instructors must have a valid tax identification or social security number and pay all income taxes. The City will report earnings to the IRS.
Contract instructors will be issued a 1099 form for each year worked.
Contract Instructors do not fall under the definition of employee of the City of Moorpark.
4. Class Proposals
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Contract Instructors and Potential Contract Instructors who are able to meet the minimum requirements as described in Section 3 may submit to the City a proposal for recreation classes. The following conditions apply to all Proposals.
A. Right of City to Negotiate, Accept, or Reject Proposals The City reserves the right to accept or reject any Proposal. The City also reserves the right to negotiate changes to any Proposal, including but not limited to class fees, dates/days/times, and course description.
B. Proposal Process
Potential Contract Instructors: Individuals or businesses who do not have a current Agreement with the City, or have not had an Agreement with the City within the past two (2) years, must submit the following in order to be considered as a Contract Instructor:
1) Resume. The resume must include complete contact information, including full legal name, address, phone number(s), and e-mail address. It must also describe all education and experience related to the subject matter of the recreation class the individual or business wishes to teach.
2) References. A minimum of two (2) professional references must be provided. References from other public agencies or non-profit organizations are preferred. Contact information, including name, phone number(s), and e-mail address must be included for each reference, along with a brief description of the reference’s relationship to the Potential Contract Instructor.
3) Class Proposal. The class proposal must include the class title, an outline of the class material covered, a course description for use in the recreation guide, age group, proposed registration and lab fees, length and frequency of class sessions, and proposed times, days, and dates for the class. Proposals must be submitted by the deadlines described in 4.C. below.
Current and returning Contract Instructors with a current Agreement or an Agreement within the last two (2) years may submit a Class Proposal only.
C. Proposal Period
Proposals will be accepted each season as described in this policy.
Proposals must be received by the City on or before the dates listed below.
Summer Classes (Classes held June through August):
Potential Contract Instructors: February 15
Current/Returning Contract Instructors: March 1
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Fall Classes (Classes held September through November):
Potential Contract Instructors: May 15
Current/Returning Contract Instructors: June 1
Winter Classes (Classes held December through February):
Potential Contract Instructors: August 15
Current/Returning Contract Instructors: September 1
Spring Classes (Classes held March through May):
Potential Contract Instructors: November 15
Current/Returning Contract Instructors: December 1
D. Acceptance of Proposal
1) Potential Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met:
a) The Proposal includes all required information as described in Section 4.B. and is submitted by the deadline.
b) The education and experience listed in the resume can be verified and the references are satisfactory.
c) The class(es) proposed do not duplicate classes already offered by a current Contract Instructor for which there are satisfactory and consistent enrollments, unless: 1. It is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City; or 2. It is determined by the Director, or his/her designee, that the class is offered on a different day or at a different time such that it is not likely to impact enrollment of classes previously approved by the City. d) The class(es) proposed meet the City’s needs, as determined solely by the Director.
e) If using City facilities, the facility is available for the class(es) proposed.
2) Current and returning Contract Instructors: Proposals may be accepted by the City if all of the following conditions are met:
a) The Proposal includes all required information as described in Section 4.B. and is submitted by the deadline. For repeat classes, the Contract Instructor may submit a Proposal
referencing past information and updating class dates.
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b) Repeat class(es) proposed have a cancelation rate of less than 50% if offered for two or more seasons.
c) New class(es) proposed do not duplicate classes already offered by another current Contract Instructor for which there are satisfactory and consistent enrollments, unless it is determined by the Director, or his/her designee, that the class content is sufficiently different and it is offered in such a manner that it is not likely to impact the enrollment of classes previously approved by the City.
d) The class(es) proposed meet the City’s needs, as determined solely by the Director.
e) If using City facilities, the facility is available for the class(es) proposed.
In the event a Proposal for a similar Class is submitted by both a current Contract Instructor and a Potential Contract Instructor, priority shall be given to the current instructor, so long as the current instructor’s performance has been satisfactory.
E. Notification
Within two weeks of receipt of a Proposal, the City will notify the Potential Contract Instructor or Contact Instructor in writing as to the status of the Proposal. If a Proposal has been accepted, the City shall finalize and agree upon class details with the Potential Contract Instructor or Contact Instructor. Upon agreement on class details, an Agreement and/or Class Schedule will be prepared.
5. Contract Instructor Agreement
A Contract Instructor Agreement is required for all classes taught by a Contact Instructor. Agreements shall be for the term of the City’s fiscal year.
An Agreement, including the Class Schedule, will be prepared for Potential Contract Instructors and at the start of the fiscal year for current or returning Contract Instructors. Subsequent Class Schedules shall be mutually agreed upon on a quarterly basis and attached to and made part of the Agreement.
6. Right of Appeal
A Potential Contract Instructor or Contract Instructor has the right to appeal the decision by the Director or his/her designee to reject a Proposal. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the rejection. The City Manager or his/her designee will affirm or deny the appeal within ten (10) business days and notify the appellant in writing. The decision of the City Manager or his/her designee shall be final.
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Policy 6.15: City Event Vendor Policy
1. Purpose
The purpose and intent of the City Council in adopting the City Event Vendor Policy is to provide direction to staff and vendors relating to the methods and standards for accepting and processing vendor applications for City sponsored events.
2. Definitions
“City” shall mean the City of Moorpark.
“Director” shall mean the Parks and Recreation Director or other City Manager designee.
“Event” shall mean any community event, special event, or other event offered by the City of Moorpark.
“Vendor” shall mean an individual, organization, or business that sells any product or service, or provides information to attendees at a City Event. “Vendor Packet” shall mean the informational packet developed by the City that provides information and requirements for each specific Event. “Vendor Application” shall mean the form completed by the Vendor to apply to participate in an Event.
“Vendor Agreement” shall mean the agreement entered into between the Vendor and City, which is included with the Vendor Application. . The City Manager shall have the authority to establish the form of the Agreement.
3. Vendor Minimum Requirements
All Vendors must meet the following minimum requirements in order to participate in a City Event. Failure to meet the minimum requirements will result in the rejection of a Vendor Application, and/or exclusion or removal from a City Event.
A. Seller’s Permit
Vendors who are required by the State of California to hold a Seller’s Permit must submit a copy of their Seller’s Permit with the Vendor Application.
Vendors may also be required to obtain a sub-permit for certain events, as identified in the Vendor Packet. Sub-permits must be submitted to the City by the date indicated in the Vendor Packet.
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B. Insurance
Vendors must procure and maintain, in full force and effect at Vendor’s sole cost and expense, the types and amounts of insurance as established by the City Manager or his/her designee.
C. Moorpark Business Registration
Vendors must be in compliance with Chapter 5.08, Business Registration Permit, of the Moorpark Municipal Code and any provision amendatory or supplementary thereto.
D. Food and Beverages
Vendors who distribute any food or beverage item (whether or not fees are charged) are solely responsible for complying with health code requirements. Violations of the health codes may result in closure by the County of Ventura. The City of Moorpark and its officers, agents, and employees are not responsible in the event of closures. Vendors must include a completed Temporary Food Facility (TFF) application and check for TFF fees, or a Mobile Food Facility (MFF) permit, with the Vendor Application. Vendors are responsible for contacting the Ventura County Environmental Health Division for health code requirements and questions.
4. Vendor Packet
A Vendor Packet will be prepared by the City for each Event that includes opportunities for Vendors to participate. Vendors are responsible for complying with all terms and conditions set forth in the Vendor Packet, and paying all fees as described in the Vendor Packet. The Vendor Packet will include the following information:
A. General Event Information
The Vendor Packet will include, at a minimum, the Event name, date(s), time(s), location(s), entry fee for the public, and contact information.
B. Amenities
The Vendor Packet will include information on amenities that may be available to Vendors, including but not limited to restrooms, parking spaces, and power and water sources.
C. Vendor Requirements and Limitations
Vendor requirements and limitations will be established at the City’s sole discretion of the City Manager or his/her designee. The Vendor Packet will include a description of applicable vendor requirements, such as insurance, Seller’s Permits, food facility permits, and compliance with Ventura County 203
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Air Pollution Control District requirements for portable generators. The Vendor Packet will also describe Vendor limitations, including restrictions or limits on items or services. Vendors must comply with all Vendor requirements and limitations. Failure to comply will result in the rejection of a Vendor Application, and/or exclusion or removal from a City Event.
D. Vendor Instructions
Vendor Packets will include instructions to Vendors, such as checkin/check-out times and procedures, loading/unloading locations and procedures, and application procedures and deadlines. Vendors must comply with all Vendor instructions. Failure to comply with instructions will result in the rejection of a Vendor Application, and/ or exclusion or removal from a City Event.
E. Vendor Fees
Vendor fees will be established at the sole discretion of the City Manager or his/her designee. Vendor fees will be listed in the Vendor Packet. Vendor fees are payable at the time of application submission. Once deposited, Vendor fees are non-refundable. No Vendor may participate in a City Event until fees have been paid in full.
F. Vendor Priority and Application Schedule
The Vendor Packet will contain the established schedule for submitting Vendor Applications to the City. Applications submitted outside of the established schedule will not be accepted. The City Manager or his/her designee shall have the sole discretion to establish priority acceptance of applications based on vendor type, non-profit status, residency, and other established written criteria. The priority in which Vendor Applications are accepted will be described in the Vendor Packet.
5. Vendor Applications and Agreements
Vendors who meet the minimum requirements as described in Section 3 may submit a Vendor Application to the City. Each Vendor Application will include a Vendor Agreement. The following conditions apply to all Vendor Applications.
A. Right of City Manager or his/her designee to Accept or Reject Applications The City Manager or his/her designee reserves the right to accept or reject any Vendor Application.
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B. Application Requirements
Vendor Applications must be fully completed. Only original, signed applications will be accepted. Applications must be received by the date specified in the Vendor Packet. All required documentation, such as insurance or Seller’s Permits, must be included with the application. Failure to meet these requirements will result in rejection of the application.
C. Vendor Agreement
A Vendor Agreement is required for each Event. The Vendor Agreement must be signed in ink pen and may not be altered. The individual signing the Vendor Agreement for an organization or business must have the authority to do so. The Vendor Agreement must be submitted with the Vendor Application. Only original, signed Agreements will be accepted.
D. Notification
Within ten (10) business days of receipt of a Vendor Application, the City will notify the potential Vendor in writing as to the status of the Vendor Application. Upon the acceptance of a Vendor Application, the Vendor will be registered in the Event and fees will be deposited. A confirmation packet will be distributed to each Vendor no less than five (5) business days before the Event.
6. Exclusions
The following are excluded from the provisions of this Policy:
A. Sponsor booths.
B. Community Yard Sale participants.
C. Vendors participating in non-City sponsored events. Vendors participating in a non-City sponsored event located at or in a City park will be governed by the City Council Resolution adopting Rules and Regulations Governing City Park Rentals, as may be amended from time to time. Vendors participating in a non-City sponsored event at or on other City property, or on private property, for which a Temporary Use Permit is issued by the City, will be governed by the terms and conditions set forth in the Temporary Use Permit.
7. 3rd of July Fireworks Extravaganza
This section establishes additional restrictions for vendors at the 3rd of July Fireworks Extravaganza. The purpose and intent of these restrictions is to limit the number of vendors and booth spaces in order to ensure adequate space for attendees to maneuver through the park, to provide food and beverages to event 205
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attendees, and to provide recreational activities in the form of games and attractions to event attendees.
Literature or other items promoting a business are prohibited at this event. Vendor identifiers are limited to a single banner, not to exceed 10’ wide by 3’ high, affixed to the Vendor booth.
Vendors at the 3rd of July Fireworks Extravaganza are restricted to the following:
A. Food and beverage sales.
B. Attractions and Games.
C. Moorpark nonprofit organizations that sell or provide free of charge items appropriate to an Independence Day celebration, for example: American flags, hats, sunglasses, blankets, fans, or glow-in-the dark novelties. Items may contain “United States”, “USA”, or similar words, but may not contain any other commercial or non-commercial message, wording, or images other than basic shapes such as stars and stripes. This category is limited to five (5) total vendors selected on a first-come basis. The designation of a Moorpark nonprofit organization applies to those with current tax exempt status under Section 501(c)(3), 501(c)(4), 501 (c)(6), 501 (c)(19) of the U.S.
Revenue Code and chartered within the limits of the City of Moorpark. If a selected vendor violates the prohibition of commercial or non-commercial message, wording, or images as described in their Vendor Agreement, the City will reject this vendor’s application for the 3rd of July Fireworks Extravaganza in subsequent years.
8. Right of Appeal
Vendors may not appeal the rejection of a Vendor Application due to Vendor’s failure to meet minimum requirements as described in Section 3. Vendors may not appeal the rejection of an application if the type of product or service offered is not permitted at the Event applied for, as described in the Vendor Packet. Vendors may not appeal the rejection of a Vendor Application if the Vendor Application is received by the City after the application deadline established in the Vendor Packet. If rejected for other reasons, a Vendor has the right to appeal the decision by City staff to reject a Vendor Application. An appeal must be filed in writing to the City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 within five (5) business days of receiving notification of the rejection. The City Manager or his/her designee will affirm or deny the appeal in ten (10) business days. The decision of the City Manager or his/her designee shall be final.
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Policy 6.16: Moorpark City Library Materials Selection
1. Mission
The Moorpark City Library (Library) provides information, lifelong learning, inspiration and enjoyment to people of all ages through reading and technology.
This Materials Selection Policy sets guidelines used by the Library for the selection of books and other print and electronic materials.
2. General Governing Factors
The selection of materials for the Library is governed by four factors:
A. The needs of the individual and of the community.
B. The individual merit of each work.
C. The existing collection, budget and services of the Library.
D. The Library adheres to the Library Bill of Rights and The Intellectual Freedom Statement (copy is available at the Moorpark Library Circulation Desk and at the City Clerk’s office).
3. Principles of Selection
A. The Library aims to obtain and make readily accessible materials that fill the cultural, educational and leisure needs of City residents.
B. Materials are selected from a number of sources. The basic consideration for the selection of any item is whether it is of proven or potential interest to the community served.
C. Additional criteria include:
Availability and cost of the material
The amount of similar material already in the collection The availability of the material elsewhere in the community The physical makeup of the material
Opinions expressed by critics or reviewers
Local interest or demand
D. In selecting materials to reflect the diversity of the needs and interests of the residents of Moorpark, it should be recognized that some materials chosen may be offensive or trivial to some persons while being meaningful or significant to others. The Library does not endorse or agree with all opinions expressed in the materials in the collection.
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E. Materials shall be made as accessible as possible to the public. The Library does not serve as censor of the reading of any person. The Library recognizes the importance in an open and democratic society of allowing individuals to form their own opinions on issues and, therefore, acquires materials that some persons may consider to be of a controversial nature.
F. Responsibility for the use of Library materials by minors rests with their parents or legal guardians. The selection of materials for the Library will not be governed by the possibility that these materials may come into the possession of minors.
4. Responsibility for Selection
A. The initial responsibility for materials selection lies with the Library staff working within the area of service to children, young adults, and adults. The general public may recommend material for consideration.
A. In making selections, Library staff shall do so in a manner based on principle rather than personal opinion, reason rather than prejudice, and judgment rather than censorship. The spirit of selection should be inclusive rather than exclusive. Variety and balance of opinion are sought whenever possible.
B. The Moorpark Library City Representative shall be the City Manager or City Manager designee (City Representative), who shall be responsible for overseeing the development of the Library collection by the City Librarian according to the principles set forth in this policy. The City Librarian shall execute best practices in librarianship when developing the Library collection and shall be responsible for collection development.
D. The Moorpark City Librarian and City Representative shall present an informational item to the Library Board each July identifying suggested allocation of collection budget resources to various types of materials for the Fiscal Year beginning July of that same year. Collection statistics for the prior Fiscal Year shall be included within the Moorpark City Library Annual Report that is presented to the Library Board at the August meeting. The Library Board will provide suggestions to the City Librarian and City Representative who have final decision making authority on collection development.
5. Placement of Materials in the Library
A. The Public has free access to all Library materials consistent with this policy.
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B. Placement of materials within the Library will be made by the City Librarian.
Criteria include:
Assigned Classification
Format
Susceptibility to loss or damage
Rarity or cost
C. The Library staff labels materials for placement only, not to predispose that the patron is for or against any materials.
6. Bindery / Book Mending
Only those materials of local significance, of long-term importance to the collections, or heavily used items will be bound, rebound, or mended as needed.
7. Gifts – Funds
Donations of funds are welcome and must be documented by the City. Donated funds must be immediately sent to the City of Moorpark Finance Department for deposit and accounting on the day received or the next business day if received on a weekend or after 5:00 pm. The City reserves the right to make the final decision on use of donations of funds towards library enhancements.
8. Gifts - Materials
Donations of materials to enrich the collection are welcome. Donated materials are received by the Moorpark Friends of the Library and the Library staff reserves the right to review all donated materials to determine if any of the materials are to be added to the collection. If the donated materials do not meet the selection criteria to be added to the library collection, the materials become the property of the Moorpark Friends of the Library.
9. Withdrawal of Materials
Damaged, worn, obsolete, superseded, or unused items may be withdrawn from the Library upon the written recommendation of the City Librarian with the written approval of the City Representative.
Removing materials from the accessible collection and/or disposal of library materials shall be at the discretion of the City Representative. Recommendation regarding resale, donation, or disposal of Library materials no longer needed for the accessible collection will be made by the City Librarian and approved by the City Representative prior to undertaking the following procedural options:
A. Materials determined worthy of re-sale or donation shall be offered to the Moorpark Friends of the Library for the purpose of sale(s) with all proceeds to benefit the Moorpark City Library. Items that remain unsold are the responsibility of the Moorpark Friends of the Library who will dispose of the material.
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B. If the Friends of the Moorpark Library do not accept the discards worthy of re-sale or donation, the City, at its sole discretion, shall discard or donate the material to non-profit, charitable organizations as determined by the City Representative.
C. Books determined not worthy of re-sale or donation will be appropriately disposed of by the City as determined by the Moorpark City representative.
Any material that can be recycled will be recycled.
10. Reconsideration of Materials
Persons objecting to the content of materials in the Library shall be invited to state their objection in writing and addressed to the Moorpark City Library. Any request for reconsideration will be reviewed by the City Librarian in consultation with the City Representative. The decision of the City Librarian shall be final.
Policy 6.17: Moorpark City Library Internet and Computer Use and Patron Agreement
1. Introduction
The Moorpark City Library (Library) provides the opportunity for public access to the Internet, which allows individuals of all ages the freedom to explore and expand their knowledge beyond the traditional “walls” of the Library.
The following policy governs the use of public computer resources in the Library, including public Internet access, library workstations and library laptop computers, non-Internet applications, wireless access network (Wi-Fi), and remote use of the library’s technology offerings. A copy of this policy shall be posted in the Library.
Before using any public workstation at the Library, patrons agree to abide to this “Moorpark City Library Internet and Computer Use Policy and Patron Agreement”.
By signing for a library card for their children under the age of 18, parents or legal guardians acknowledge that their children will be allowed access to the Internet.
Library patrons that access the City’s wireless network (Wi-Fi) while using their own wireless capable devices will be required to affirmatively acknowledge a wireless user agreement prior to each use.
2. Internet Content
The Internet is an unregulated, global resource that contains materials that some persons may find offensive. While the City will take precautions to regulate internet access by minors on the City’s library computers, the City is not responsible for anything that any library user may see or read while in the Library that the user or, in the case of minors, the user’s parents or legal guardian, may find offensive. The City is not responsible for a minor that brings into the library a wireless capable device that permits access to Wi-Fi, which is unfiltered and 210
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unsecured. The City urges parents or legal guardians to accompany their children while visiting the Library to ensure that their children are supervised at all times (see also Section 8 of this policy).
3. Internet Users
Internet users are expected to act in a responsible, ethical, and legal manner.
Users may not use Library computers to access Internet sites that depict or transmit material that violates state or federal law. The Library is not responsible for the content of retrieved information. Library users are responsible for critically evaluating the quality and accuracy of material obtained from the Internet. Internet filter software is not infallible and even when using filtering tools minors may be exposed to explicit material.
The Library expressly disclaims and shall have no liability for any direct, indirect, or consequential damages related to information obtained from the Internet. All users shall expressly assume the risk of receiving incorrect, inaccurate, defective, fraudulent, or unlawful information while accessing the Internet through any equipment or service offered by the City of Moorpark.
Wireless Internet users must agree to the wireless network user agreement, the wording of which shall be approved by the City Manager or his/her designee, before accessing the Library’s network with their own wireless capable devices.
To protect their privacy, Internet users are advised to log off at the end of their session.
4. Internet Access
Access on most of the Library computers is filtered as to sexually explicit content.
Adult patrons, by default, have unfiltered access for themselves. A parent or legal guardian for children under the age of 18 shall designate, upon completing and signing the library card application in the presence of Library staff, whether they authorize unfiltered access to the Internet. Without this authorization, no minor shall be issued a card with unfiltered Internet access.
Users whose conduct while using public computer systems is disruptive or interferes with the use of the Library by others, will be asked to modify their behavior or, if unable to modify their behavior, will be asked to leave the Library.
The City Library reserves the right to revoke or suspend computer privileges in the case of failure to comply with this policy or the violation of local, state, or federal law. The Library may suspend privileges by a minor without notification to the parent or legal guardian. In addition, unlawful activities will be reported to the Ventura County Sheriff’s department and dealt with appropriately.
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5. Disclaimer for Assistance with Patron Owned Devices
Library staff may provide verbal guidance about using a mobile or other personal device, and how to access the City’s wireless network. By requesting help or assistance with operating a patron’s personal cellular phone, eReader, tablet, laptop or other personal device, patrons agree to the following terms and conditions:
The Library makes no warranty or guarantee of any kind regarding any technology assistance provided.
The guidance could involve certain risks to the device and any data stored on the device and personal information stored on the Internet. It is the patron’s responsibility to back up all software, data, and files on the mobile device.
Library Staff are neither responsible nor liable for any damage to the device and/or loss, damage, alteration or corruption of any software, data operating system or files that may result from Library staff guidance. Given the complex and changing nature of computer and information technology, there may be omissions or inaccuracies in the information provided by Library staff.
Library Staff technical assistance is not permitted to include Library staff touching patrons’ personal electronic devices or equipment.
6. Wireless Network (Wi-Fi) Security Warning and Disclaimer A. The Library cannot guarantee the safety of data transmitted across its Wi-Fi.
B. The Library assumes no responsibility for the configurations, security, or changes to personal data files resulting from a connection to the Wi-Fi; the safety of equipment (patrons should keep equipment with them at all times); nor the availability of a wireless connection (there is no guarantee that users will be able to make a wireless connection).
C. The City’s Wireless Internet Network Policy (City Council Policy 2.14) applies to the Library use. As stated in Policy 2.14, all users with portable computers or devices capable of receiving wireless signals will be required to acknowledge they have read the City’s wireless network user agreement prior to each use.
7. Rules of Conduct for Internet and Computer Use
A. Library workstations are available for one hour per day per user. Sessions may be extended if no other patrons are waiting for workstations. Library staff may designate one or more computers for use as online homework tutoring stations and may allow an exemption from the one-hour rule on any such computer for this use between the hours of 3:00 p.m. and closing Monday through Thursday.
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B. One workstation will be designated as the “express” computer terminal.
This computer will be specifically for quick use and limited to 15 minutes at a time.
C. Use of a workstation is on a first-come/first-served basis.
D. Users can sign up to use a workstation on a next-available basis. Requests for specific computers cannot be honored.
E. Only one person at a time may use a workstation. Exceptions may be made at the discretion of Library staff.
F. Printing may not be available at all public internet access computers. The printing fee shall be set by resolution of the City Council, and customers are not permitted to supply their own paper. Printers may not be moved or attached to other computers or patron personal devices. Printing from patron personal devices may be made available to patrons via a wireless printing system and coin vending system.
G. Library laptop usage and procedures shall be at the discretion of Library staff and the City Representative and may change at any time.
H. Users are prohibited from interfering with the performance of the network.
Users must not reconfigure workstations, “hack” passwords, gain entry to closed areas of the network, or introduce computer viruses. Users are responsible for any hardware or software damage they cause. Tampering with hardware or software is considered vandalism and may result in legal action (violation of California Penal Code Section 502 et. seq.).
I. Users may not use the workstation or laptops for illegal activity, including violating copyright laws or software license agreements.
J. Users may not install their own software programs or attach personal hardware to Library computers other than a Universal Serial Bus (USB) for saving documents.
K. Users must not interfere with the work of others and must respect privacy rights of all Library patrons.
L. The Library upholds the right of confidentiality and privacy for all users; however, the Library reserves the right to monitor the use of its Internet services and review any electronic data generated from use of the Library’s computers as may be needed to maintain the City’s computer network.
Daily sign-in logs for Internet use are considered temporary records and are not retained.
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M. Absolute privacy for patrons using electronic resources in the Library cannot be guaranteed. There exists a possibility of inadvertent viewing by other patrons, either by watching the user’s screen or because a user may leave the screen unattended.
N. The Library does not provide individual e-mail accounts to users; however, users with existing e-mail accounts may access their accounts or users may register for free e-mail services available on the Internet. The Library assumes no responsibility and shall have no liability for any claim or damage resulting from the provision of such Internet access to users.
O. Use of the Library’s computers is a privilege. Users must end their sessions, log out, and leave the workstations or laptops when asked to do so by Library staff.
8. Supervising Computer Use by Children
The Library does not serve in loco parentis (in the place of a parent). Librarians cannot provide supervision of children as they explore the Internet. The responsibility for what minors read or view on the Internet rests with parents or legal guardians.
The following are recommended guidelines for parents and legal guardians to ensure that children have positive online experiences, whether at home or at the Library.
A. Use the Internet as a family. Join your children in Internet exploration.
B. Explore the wide range of available information and tell your children about sites you consider inappropriate for them.
C. Provide guidelines for your children on the amount of time they spend online, just as for television viewing.
D. Instruct children NEVER to give out personal information (name, address, password, telephone number, credit card number) online.
E. Teach children to be good online consumers. As with print information, consider the source, date and accuracy of online information.
F. Parents or legal guardians and children are encouraged to read "Child Safety on the Information Highway" and “Teen Safety on the Information Highway” available free at any library location or at www.safekids.com and www.safeteens.com.
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9. Policy May Be Revised
The City of Moorpark reserves the right to revise this policy from time to time. If revised, a copy of the current policy will be available online at moorparklibrary.org at the Library Circulation Desk and in the City Clerk’s office. All patron use of the Library Internet workstations must be in compliance with the current policy whether or not a patron has signed or read the revised policy.
Policy 6.18: Moorpark City Library Circulation
The following policy governs the terms by which materials may be borrowed from the Moorpark City Library (Library).
1. Library Card Registration
Any person residing in California may borrow materials free of charge from the Library. Cardholders are responsible for all material checked out on their card.
The Moorpark City Library Card application may be revised from time to time.
Changes will be submitted by the City Librarian and reviewed and approved by the City Representative before changes are implemented. Library Card applications shall be made available in both English and Spanish.
Library Cards for Adults. Any person 18 years of age or older applying for a Library card must show proof of identity and residence. Post office boxes are acceptable as mailing addresses; however, proof of residence is required to obtain a card. Acceptable identification may be any of the following:
A. California driver’s license
B. California identification card
C. Check imprinted with name and address
D. Official mail (postmarked with current address)
E. Current bill imprinted with name and address
F. Current monthly rent receipt
G. Tax payment receipt
Restricted Temporary Library Cards for Teenagers without Parental or Legal Guardian Signature. Patrons 12 years of age through 17 years of age are classified as teenagers in this policy. Teenagers do not need a parent’s or legal guardian’s signature to get a restricted, temporary, one-time use card; however, a parent or legal guardian must sign the application in person, in the presence of Library staff, for the teenager to obtain their permanent card, which allows continued checkout of material, use of the public computers, and the ability to 215
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check out media (DVDs, etc.). In order to obtain a temporary, one-time use card, the teenager must be a Moorpark resident or attend a Moorpark school. To obtain their temporary card, the teenager must present a picture ID verifying residency or attendance at a Moorpark school. The temporary, one-time use card allows teenagers to check out two written material items only. Library staff will provide the teenager with a letter for their parent or legal guardian which explains the temporary card.
Library Cards for Children. All children are eligible to become a library cardholder with the understanding that the child’s parent or legal guardian agrees to take responsibility for maintaining the child’s account in good standing. Good standing includes the return of materials borrowed on the account, and resolving any associated late fees, item damage, or any other charges.
The signature of a parent or legal guardian, in person at the Library, is required on applications of children under 12 years of age and for permanent library cards for youth ages 12 through 17.
Once the library card application is signed, the cardholder agrees to follow the rules and regulations of the Library. New cardholders are limited to borrowing two items on the first day the card is used. When those items are returned, the cardholder may borrow with full privileges as long as their account is in good standing.
2. Confidentiality of Library Records
California State law (Government Code, Title I, Division 7, Chapter 3.5, Sections 6254 (j) and 6267) protects the confidentiality of library patrons. Library staff will always operate in a manner that conforms to the requirements of the law in the handling of cardholder records and accounts. According to this statute, Library staff may not release information to any other party regarding any item borrowed by any other person, including information released to a parent or legal guardian regarding what items their child has checked out.
As permitted by the above-cited statute, Library staff may release information on a cardholder’s account to a third party if the cardholder has provided a written notice allowing the third party access to the cardholder’s account information. A cardholder may authorize another party to pick up and check out materials by sending his or her library card along with the written request or notice with the third party. Cardholders may elect to associate their Library card account with that of another cardholder for purposes of learning what items are checked out on the associated card, to receive notice that the associated card has fees, or to pick up holds. The request to associate cards must be made in person at the Library, both cardholders must be present to associate cards, and both cardholders must have their library cards with them. Requests for another patron to pick up holds without an authorized association noted on the account will not be honored.
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Demographic information may be gathered in order to plan Library services. This information is used anonymously and is not disclosed in any way that would identify the person registering. All information provided on the registration form is protected by the statute cited above.
3. Non-Resident Cardholders
Persons residing outside of the State of California may obtain a Library card by paying a non-resident fee as determined by resolution of the City Council.
Payment of this fee will entitle the cardholder to the same borrowing privileges enjoyed by all other Library card holders.
4. Loan Periods
The Moorpark City Library Fine and Fee Schedule is available online at moorparklibrary.org and at the Library Circulation Desk, and includes the loan periods. For purposes of this policy, new bestseller material shall remain in that category no longer than three (3) months.
Materials checked out at Moorpark City Library that belong to other consortium libraries shall follow the lending policy of the owning library, not the Moorpark City Library lending policy. Cardholders may review their accounts online or phone the library to check loan periods or renewal capability.
Reference materials must be used in the Library and are not available for checkout. These materials may be loaned to other libraries for in-library use only.
The Discovery Kits Collection can only be checked out at the Moorpark City Library and to adult Moorpark City Library cardholders. Discovery Kits are not available to be loaned to other libraries.
5. Renewals
All Moorpark Library items, except the Discovery Kits Collection, will auto-renew one time for the standard loan period for the item unless the item is on hold for another cardholder. At the completion of the renewal period, Cardholders must return the item to the library to avoid incurring late fees.
6. Number of Items per Library Card
Reference the Moorpark City Library Fine and Fee Schedule for details regarding borrowing limitations and fines and fees.
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7. Holds and Suggestions for Purchase
Holds may be placed to reserve items by completing a hold request form on the online catalog. Cardholders will be notified via e-mail or by phone when items are available. Items will be held for one week from the date of notification to the cardholder.
Items not owned by the Moorpark Library may be requested from other consortium libraries through the shared library catalog. Library cardholders are also welcome to fill out a “Suggestion for Purchase” form, available at the library or on-line at the library website. A librarian will review each of these suggestions.
8. Overdue, Lost, and Damaged Material
Cardholders assume full responsibility for the return of materials, in good condition, on or before the due date noted on the receipt provided at check out. Fees accrue for each day the Library is open. Fees vary by item type.
There are two outside item return bins; one for books and one for media (CDs, DVDs, Audio Books, etc.). Patrons are advised to return media to the circulation desk or place media in the media designated book drop. Patrons will be charged for media materials that have been damaged from being returned in the book drop marked for books.
The Discovery Kit Collection must be returned to a library staff person at the Circulation Desk. Discovery Kits will be inspected at check out and upon return to make sure that all items are included. Deterioration of the Discovery Kits is expected. Patrons will not be charged for basic wear and tear or the cost of replacing disposable items (i.e. batteries, ink, etc.). Patrons will be charged the replacement cost for missing items. If the Discovery Kits are returned with excessive damage, patrons will be charged the replacement cost of damaged items. Patrons will be charged for Discovery Kits damaged from being returned in either the media or book drop bins.
Library cardholders assume full responsibility for loss or damage to materials they check out. Damage includes, but is not limited to, stained and/or torn covers or pages, writing in or on materials, liquid damage, missing pages, missing pieces, scratched discs, and dirty or damaged cases or damaged parts. Charges for materials lost or damaged beyond repair will be the price shown in the Library’s automated catalog, either the actual cost or a default cost for the type of item plus a processing fee (reference the Moorpark City Library Fine and Fee Schedule), and accrued overdue fees (if applicable). In the cases of unusual circumstances, it will be left to the City Librarian under direction of the City Representative to assess charges for lost or damaged materials other than as specified by the Moorpark City Library Fine and Fee Schedule.
In lieu of paying for a lost item, a cardholder may replace the lost material with like material of equal or greater quality if the replacement item fulfills collection development criteria. The City Librarian has final authority to determine the 218
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acceptability of the substitute item. The cardholder is still responsible for the processing fee and any overdue fees accrued. Charges for damaged materials that can be repaired will be determined on a case-by-case basis by the City Librarian under the direction of the City Representative.
It is the responsibility of the cardholder to return borrowed items on time. Overdue notification is done as a courtesy only. Overdue items are considered lost 30 days after the due date and applicable fees will be assessed. If an item has been determined lost and the patron has paid the required fee, but is able to locate and return the item in good condition within 30 days of paying the lost item fee, a refund for the cost of the lost item will be processed. No refunds for lost items will be processed after 30 days have passed. Cardholders are advised to keep check out receipts and verify item due dates on their online account as they are responsible for all fees whether or not they receive a courtesy notice.
If approved by the City Representative, Cardholder accounts with fees totaling $5.00 or more will be suspended and blocked from further use until fees are paid.
In financial hardship cases, the City Librarian may work with the cardholder to provide an alternate payment plan and will note such arrangements on the cardholder record for tracking purposes.
9. Recovering Overdue Materials
The Library sends courtesy overdue notices to a cardholder, via email or text message, 14 days after an item is due. At 28 days after the item is due, a second notice and bill is sent to the cardholder requesting that either: 1) the item be returned and fees paid; or 2) the cardholder can pay the cost of the item, which shall be identified as lost, plus a processing fee established by Resolution of the City Council. At 14 days following the second notice, delinquent accounts with a value of over $50.00 shall be referred by the City to a collection agency.
Policy 6.19: Moorpark City Library Standards of Conduct Everyone has the right to use Moorpark City Library (Library) services and resources provided his or her behavior does not unreasonably interfere with the rights of others to do the same. The patrons of the Library have the right to expect the facility to be a clean, safe, and accommodating place for reading, writing, doing homework or research, browsing for Library materials; quietly conferring with others, including Library staff; and attending programs and meetings. Patrons are urged to report disruptive behavior so that appropriate steps can be taken.
Neither the City of Moorpark nor the Library are responsible for lost or stolen items, although please check with Library staff if you have lost anything. Found items may be temporarily retained in accordance with City lost and found procedures. Patrons need to keep their belongings with them at all times as staff cannot be responsible for their safekeeping.
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Patrons shall be considerate of others by refraining from activities that may disturb others or disrupt Library activities. Keep all conversations quiet and set mobile and electronic devices to silent mode. All patrons and staff have the right to be safe, and feel safe while attending a City facility or program. With this right comes the responsibility to be lawabiding citizens and to be accountable for actions that put at risk the safety of others or oneself. Patrons shall comply with all established and adopted rules and procedures governing City buildings.
1. Dangerous, destructive or illegal conduct, including any violation of local, state, or federal law but not limited to the following, is strictly prohibited:
A. Engaging in or threatening physical assault or abuse.
B. Displaying a weapon of any type.
C. Threatening or harassing other patrons or staff, including but not limited to battery; verbal threats; stalking or following; offensive staring or touching; unwanted sexual advances, comments, or gestures; or other behavior typically defined as harassment.
D. Theft of Library and/or personal property.
E. Damaging, defacing, vandalizing, or destroying Library property or grounds.
2. Prohibited Activities:
A. Eating and chewing gum in the Library public areas (conference room excluded) without Library staff approval. Beverages in covered containers are allowed in the Library. Covered containers include bottled drinks with a tight lid, hot drinks in a cup with a tight lid, baby bottles, etc.
B. Using the Library without footwear or a shirt.
C. Possession of, being under the influence of, or using alcohol or controlled substances on Library premises.
D. Smoking, as defined by the City Municipal Code, inside or anywhere on the Civic Center premises which includes the Library, Active Adult Center, Community Center, City Hall Buildings, and parking lots. Alcohol and all illegal drug products are also prohibited on the Civic Center premises.
E. Unruly behavior, such as running, jumping, hitting, wrestling, throwing objects, or other aggressive actions or statements will not be tolerated.
F. Use of sports equipment in the Library.
G. Skateboarding, roller skating, or riding a scooter or other mobility device in the Library. Mobility devices must be inside a backpack or bag if brought 220
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into the building. Token operated lockers are located on the Library porch for storage of personal items.
H. Bicycles may not be brought inside the Library or left on the porch, or block any entrance to the Library. Bicycles should be locked in the bike rack outside.
I. Sleeping in the Library or on Library grounds.
J. Bringing sleeping bags, bedrolls, mats or blankets (except blankets for use by young children), large boxes, shopping carts, and oversized backpacks or duffle bags into the Library.
K. Using Library restrooms for bathing, shaving, or washing hair or clothes.
L. Using the Library if one’s bodily hygiene is offensive so as to constitute a nuisance to others.
M. Dirtying or staining Library facilities, material or equipment.
N. Placing feet on tables, chairs or against walls.
O. Loitering in the Library or on City property. The public must leave the premises at closing time.
P. Obstructing aisles or access to Library facilities, furnishings or equipment.
Q. Posting or distributing of printed material inside the Library without receiving approval from authorized Library staff. The City Manager shall approve a “Library Community Bulletin Board Procedure” for additional rules regarding posting of material.
R. Solicitation, selling, panhandling, or any other commercial activities.
S. Photographing, audio recording, or filming without permission from City Administration or Library supervisory staff except at governmental meetings open to the general public.
T. Animals are prohibited, except for service or comfort animals for the disabled and for scheduled, approved Library activities. Service dogs must have an assistance dog identification tag per California Food and Agricultural Code Section 30850. Permission for a comfort animal shall require City Representative approval, subject to receipt of requested documentation.
U. Tampering with or destroying of computer equipment or files, manipulating or bypassing Library software systems such as those used to regulate computer use. Please refer to the “Moorpark City Library Internet and Computer Use Policy” for further clarification.
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V. Removing any hardware component or accessory from Library computers.
W. Using any other person’s Library card to obtain computer time or check out library materials.
X. Using personal appliances such as tablets, laptops, and calculators with a noise level that interferes with others. Cellular phones must be turned off or switched to a non-audible signal and answered outside the Library.
Y. Plugging in personal electronic equipment (i.e. cell phones/laptops) so that it creates a tripping hazard or disturbs others.
Z. Printing and copying via coin and bill vending machines at the library are not for business or commercial use. There may be quantity or time limits imposed by Library staff to ensure fair patron use on a case-by-case basis.
3. Use of the Library Meeting Room
The priority use for the Moorpark Library meeting room is for Library programs, services, and activities, including Moorpark Friends of the Library meetings. When not needed for these purposes, the meeting room is available for Library users on a first come, first served basis. The meeting room may not be reserved other than by request to the Library staff and pre-approval of the City Representative, and only when related to and in support of City programs, services, and activities. The meeting room may not be reserved for use by for-profit businesses or non-profit organizations, except as may be related to operating the Library as approved by the City.
4. Children in the Library
The Library is dedicated to providing free access to information to the entire community in a safe and pleasant Library environment.
Children are welcome in the Library and encouraged to use its resources and services. The Library is not, however, an after-school or day-care facility. The Library cannot assume responsibility for the care and safety of unsupervised children.
A. Children under the age of 10 may not use the Library unless supervised by a parent or guardian at all times. Older brothers, sisters, or caretakers under the age of 16 are not considered adequate supervisors. A responsible adult must directly accompany preschool children at all times. If a child under the age of 10 is left at the Library unsupervised, the parent will be warned upon picking up the child, and if this happens again, staff reserves the right to contact the Moorpark Police Department.
B. Children of any age who behave in such a manner as to disrupt the Library environment will be subject to the disciplinary process in Section 5 of this 222
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policy. Disruptive behavior includes any situation, which causes the child, other Library patrons, or Library staff distress or concern, whether or not the parent/caregiver is present.
C. Regardless of the age of the child, parents of a disruptive child will be asked to control the child's behavior or remove the child from the Library immediately if requested by staff.
D. If a child is left unattended at closing time, staff will make a reasonable effort to locate the parent/guardian. All children, regardless of age, should be able to provide current emergency contact information, including a telephone number. If staff is unable to reach a responsible adult, law enforcement will be contacted to take custody of and ensure the safety and welfare of the child.
5. Disciplinary Process for the Moorpark City Library
A. Failure to comply with this Library Standards of Conduct Policy may result in disciplinary actions, up to and including permanent suspension from the Library. The severity of the offense may be cause for immediate suspension without warning. When a serious act of misconduct by a patron occurs, the City Librarian shall immediately investigate the allegation. The City Librarian shall make a recommendation to the City Representative regarding the determination of final disciplinary action. In the interim, the City Librarian may immediately impose reasonable restrictions up to a temporary suspension verbally or in writing until the final determination of action is completed.
B. The disciplinary actions below may be enforced and escalate directly to permanent suspension and/or any step(s) in between depending on the behavior, misconduct, level of disruption of normal activities, or severity of the offense. The Moorpark Police Department will be called for assistance if necessary. If the disruption is suspected to be related to adult mental health issues, County of Ventura Adult Protective Services will be contacted for an investigation as required by law. Family members may also be contacted, if known, to help alleviate issues, where appropriate.
1) First Occurrence – Verbal or written warning including a review of the Moorpark City Library Standards of Conduct Policy. This staff review will also include also include possible suggestions on ways to avoid a recurrence of the incident of behavior. Depending on the nature of and/or severity of the offense, a first occurrence can lead to permanent suspension.
2) Second Occurrence – A written admonishment to the participant with a copy to the City Representative shall be completed. Depending on the nature of and/or severity of the offense, a second occurrence can lead to permanent suspension.
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3) Third Occurrence – May include a temporary or permanent suspension from the Library. Two suspensions within a twelve (12) month period may result in an extended or permanent suspension. A written suspension notice will be given to the offending party with a copy to the City Manager and City Representative.
C. Appeal Process
Request for review and appeal of any of the above steps must be in written form and delivered to City Hall, Attention: City Manager, within ten (10) working days of the warning or suspension. After investigation, and within fifteen (15) working days of the incident, the City Manager or City Manager Designee shall notify the offending party, in writing, of the final decision.
Policy 6.20: Moorpark City Library 3D Printer Policy
1. Introduction
The Moorpark City Library is committed to offering community access to emerging technologies, such as 3D printing to create three-dimensional objects, to inspire a new interest in creation and collaboration at the Library. The following rules and procedures are intended to govern the public use of the Library’s 3D Printer to allow for fair access to all Library patrons.
2. 3D Printer Policy Rules
A. The Library’s 3D printer is available for use by the public.
B. The Library’s 3D printer may only be used for lawful purposes. As determined by the City Manager or designee the public will not be permitted to use the Library’s 3D printer to create material that is:
1) Prohibited by local, state, or federal law.
2) Unsafe, harmful, dangerous or poses an immediate threat to the wellbeing of others. 3) A weapon or closely resembles a weapon.
4) Obscene or inappropriate (as determined by Library staff at their sole discretion).
5) In violation of intellectual property rights, including but not limited to a copyright, patent, or trademark protection.
C. There will be a fee to use the 3D Printer, as established in a City Council approved Library Fee Schedule Resolution.
D. The Library 3D Printer will not be used to reproduce material that is subject to copyright, patent, or trademark protection. All 3D printer users shall be required to acknowledge that they have read the following copyright notice prior to submitting a 3D printing proposal request:
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NOTICE WARNING CONCERNING COPYRIGHT AND OTHER LEGAL
RESTRICTIONS. The copyright (Title 17, United States Code), intellectual property (patent law for example under Title 35, United States Code) and other laws of the United States may govern the making of photocopies or other reproductions of content protected by copyright, patent and other laws. Libraries and archives furnish unsupervised photocopy or reproducing equipment for the convenience of and use by patrons. Under 17 U.S.C. § 108(f)(2) the provision of unsupervised photocopy or reproducing equipment for use by patrons does not excuse the person who uses the reproduction equipment from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107 or any other provision of the copyright law, nor does the provision of unsupervised photocopy or reproducing equipment for use by patrons excuse the person who uses the reproducing equipment from liability for patent, tort (such as products liability) or other laws. This institution reserves the right to refuse to make available or provide access to photocopy or other reproducing equipment if, in its judgment, use of such equipment would involve violation of copyright, patent or other laws.
E. The Library reserves the right to refuse any 3D print request.
F. The Library will only print objects that will take less than 4 hours to print.
G. Items printed from the Library’s 3D printer that are not picked up within 7 days will become the property of the Library. Items must be picked up by the individual who printed them, after the printing fee is paid.
H. Only designated Library staff and volunteers will have hands-on access to the 3D printer.
I. Supervision of the use of the 3D printer by Library staff does not constitute knowledge or acknowledgment of any final use of the 3D product and the Library specifically disclaims any knowledge thereof.
J. The following disclaimer shall be required to be acknowledged by a patron at the time of submittal of the 3D Printer proposal form:
Disclaimer: The Library cannot guarantee model quality or stability, confidentiality of designs, or specific delivery times. Print quality can be affected by any number of variables. The Library does not refund printing fees for completed items which do not come out as intended due to options selected by the individual requesting the 3D print, including but not limited to scale, quality, design, required support material, etc.
3. 3D Printing Procedure
The 3D Printing Procedure is intended to prescribe an orderly process to allow the public to have access to printing from the Library’s 3D printer in a reasonable time period.
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A. Design creation:
Any 3D drafting software may be used to create a design if the file can be saved in STereoLithographyStereolithography (stl) format and the file size is no larger than 10 megabytes (MB). Creating a new design requires knowledge of 3D modeling software products. Library patrons will be reminded to use software to check for errors and to help repair errors before the file is submitted.
B. Submitting a file for printing:
1) Patrons that want to use the 3D printer must submit a proposal form, pay the 3D printer fee, and acknowledge the Notice concerning copyright and other legal restrictions and the Disclaimer. 2) The files will be readied for printing by the Patron using the authorized software.
3) Library staff will review all files before printing. 4) Following file approval, Library staff will add the model to the printing queue. Patrons will be notified by email when their job is completed and ready to be picked up.
5) The Library will schedule only one print per day per person or entity if there is a high demand.
6) The maximum dimensions are 152 mm x 152 mm x 158 mm (6 in. length x 6 in. width x 6.2 in. height).
SECTION 7. POLICIES ADMINISTERED BY PUBLIC WORKS DEPARTMENT Policy 7.1: Waiver of Street Sweeping Parking Restrictions for Vehicles Displaying Special Identification License Plates or Distinguished Placards for Disabled Persons, and Waiver of Street Sweeping Parking Restrictions on Designated City Holidays or Emergency Orders It is the Council’s policy that vehicles displaying special identification license plates or distinguished placards for disabled persons, as defined in the Vehicle Code, shall be exempt from the City’s street sweeping parking restrictions.
It is also the Council’s policy that posted City street sweeping parking restrictions will not be enforced on City holidays designated by resolution of the Council for the closure of City offices or emergency orders issues by the Director of Disaster Services.
Policy 7.2: City Public Sidewalk Inspection and Repair Program
1. Inspection: All public sidewalks shall be inspected at least once every 12 months, and the City Manager shall approve written administrative procedures for a sidewalk inspection and repair program that includes an inspection schedule; inspection requirements that include a deficiency rating system, data collection and documentation requirements; repair solutions; and repair documentation requirements.
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2. Maintenance Objective: All public sidewalks shall be maintained in good condition.
3. Repair Priority: An average vertical displacement between sidewalk abutments that is used to evaluate a “trivial defect” is ¾ inch. Any sidewalk defects causing a vertical separation of three-quarters of an inch (3/4”) or greater shall be scheduled for repair. Any visible displacement less than ¾ inch shall be documented and evaluated for possible hazards. Repair of a sidewalk deficiency in the vicinity of a sensitive location, such as adjacent to senior housing, a school, or high pedestrian use area shall be prioritized for repair.
4. Repair Solutions: The sidewalk inspection and repair program approved by the City Manager shall include sidewalk repair solutions and procedures.
Policy 7.3: Transit Security System Electronic File Retention Pursuant to Public Utilities Code Section 99164 and Government Code Section 34090.8 Pursuant to subdivision (a) of Public Utilities Code Section 99164 and Government Code Section 34090.8, the City Council has adopted the following findings for transit security system electronic file retention:
1. The City has made a diligent effort to identify a transit security system that is capable of storing recorded data for one year.
2. The technology to store recorded transit security data in an economically and technologically feasible manner for one year is not currently available, and such videotapes or recordings shall be preserved for as long as the installed technology allows.
3. The City has purchased and installed the best available technology with respect to storage capacity that is both economically and technologically feasible at this time.
4. The transit security videotapes or recordings that are evidence in any claim filed or any pending litigation shall be preserved until the claim or the pending litigation is resolved.
5. The transit videotapes or recordings that recorded an event that was or is the subject of an incident report shall be preserved until the incident is resolved.
Policy 7.4: Crossing Guard Warrant
The warrant for the provision of a Crossing Guard at a roadway intersection in the City is as follows:
1. The traffic volume shall be greater than 250 vehicles per hour;
2. At least one of the roadways comprising the intersection shall have a minimum of four travel lanes; and
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3. There shall be a minimum of 40 elementary school aged (grade K-5) pedestrians per hour.
Policy 7.5: Utility Street Cuts Restricted for Public Streets with New Rubberized and Conventional Asphalt Overlay
To protect and maintain the integrity and appearance of new overlay pavement on public streets, no utility street cuts will be permitted for a 5-year period following installation of a rubberized asphalt overlay, and for a 3-year period following installation of a conventional asphalt overlay, with the exception of a utility street cut for a bona fide emergency, as verified and approved by the City Engineer. In the event an emergency utility trench is approved, the pavement shall be required to be repaved for the entire width of the street, for a minimum of 10 feet from both sides of the trench, with pavement material that matches the existing street surface.
Policy 7.6: Fee for Cancellation of Parking Citations Relating to Disabled Persons Parking Zones
An individual who fails to properly display a distinguishing placard for disabled persons, as defined in Vehicle Code Section 22511.55, and is cited pursuant to the City of Moorpark Municipal Code Section 10.04.180 (Disabled persons parking zones), may request that the City consider the cancellation of said citation. This request may be approved by the City Manager or the City Manager’s designee as long as the City Manager or the City Manager’s designee is satisfied that a valid and current distinguishing placard was appropriately issued to and should have been displayed by the requesting individual at the time of citation.
Should the City Manager or the City Manager’s designee approve the request and cancel the citation, no fee shall be applied, providing it is the individual’s first such approved request during any consecutive twelve (12) month period. A fee pursuant to Vehicle Code Section 40226 shall be applied if the City Manager or the City Manager’s designee approves any subsequent requests, by the same individual, to cancel any citation of the same nature during any consecutive twelve (12) month period.
Policy 7.7: Engineering and Grading Policies and Standards
1. Placement of Above Ground Structures in the Sidewalk:
The following guidelines shall be followed in determining the location of above ground structures in the sidewalk. Such structures include, but are not limited to, facilities owned by the City, any utility company or district, and the U.S. Postal Service. The location of such structures shall be consistent with these guidelines unless unique circumstances require other action. In any case, the placement of such structures shall be consistent with minimum requirements for handicap access.
A. Whenever possible, traffic control signs shall be placed on street light poles instead of separate sign poles.
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B. Sidewalks having widths greater than five feet (5') and sidewalks with parkways:
1) All signs, poles, mailboxes, etc. shall be placed behind the curb with the minimum setback.
2) Fire hydrants shall be placed five feet (5') from the curb face.
C. Sidewalks having a width of five feet (5') or less:
1) All stop signs, yield signs, turn prohibition signs, large guide signs, traffic signal poles and similar traffic signs shall be placed behind the curb with the minimum setback.
2) Except as noted in Item #1.A. above, all other traffic control and traffic warning signs shall be placed behind the sidewalk, provided adequate visibility is maintained. Parking restriction signs placed behind the sidewalk may require placement at shorter intervals. 3) Mailboxes may be placed behind the curb with the minimum setback, provided additional sidewalk width is constructed sufficient to provide a sidewalk width consistent with the width of the sidewalk adjacent to the mailbox.
4) All other facilities shall be placed behind the sidewalk.
2. Public Notification of Street Projects:
When deemed necessary and appropriate, City staff shall provide those property owners and residents affected with written notice of the City's intent to construct a street improvement project. Such notice shall only be given when and if the City Engineer/Public Works Director determines that a given project could adversely impact certain properties. When given, such notice shall be mailed to the owners and residents of properties, which could be adversely affected by the project. Any such notice shall be mailed at least ten (10) days prior to the date the City Council is scheduled to consider the approval of the plans and specifications for such project and/or authorization to advertise for receipt of bids for the construction of such project.
3. Grading:
The following guidelines shall be followed by the City Engineering Department in the review and approval of grading plans and the administration of grading operations:
A. Conceptual Grading Plans: On all tentative tract maps, parcel maps, and applications for land development where grading quantities will be equal to or greater than fifty cubic yards (50 cu. yds.), obstruct a drainage course or impact another property owner's property, a conceptual grading plan shall 229
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be a part of the submittal to the City. The conceptual grading plan shall show pad elevations, tops and toes of slopes and walls, borrow and fill quantities, and the general drainage pattern. The location of any anticipated siltation, retention or debris basins shall be shown. As a condition of approval, surety shall be provided for the full cost of the grading operations, including implementation and maintenance of Best Management Practices for erosion control.
On projects where the grading quantities do not exceed twenty thousand cubic yards (20,000 cu. yds.) and where all grading is in an isolated selfcontained area (such as agricultural land) and where the actual limits of proposed grading will have a significant buffer from and have no drainage impact to adjacent properties, and the grading creates no adverse aesthetic impacts to views or hillsides, the City Engineer in consultation with the Community Development Director after review of a plot plan and supporting information concerning drainage and buffer areas, may determine that a grading plan is unnecessary.
B. Contour Grading:
1) Findings: The Council hereby finds that the terrain of certain areas of the City provides a unique and substantial character to the area and forms an integral part of the City's total environment. Due to their physical dominance on the City's landscape, development of the hillside areas will definitely affect the visual and environmental character of the community. The City's primary objective regarding hillside development is to preserve the natural terrain and aesthetic character of the City while encouraging creative, innovative, and safe residential development with a variety of housing types. Such characteristics will only be achieved when special consideration is given to those developments, subdivisions, and lot splits within hillside areas, on an individual basis and proper consideration of the variations in conditions, design criteria, and other factors. All contour grading shall be in conformance with the requirements of Chapter
17.38 Hillside Management of the Moorpark Municipal Code. 2) Slope Design Standards: Where the creation of cut and fill slopes is approved, they shall be rounded at the edges and contoured as necessary to blend with existing topography. All cut and fill slopes shall conform to the following standards:
a) All cut and fill slopes in excess of five feet (5') vertical height shall be rounded with vertical curves from the crest of the slope and from any surface drains constructed on the face or top of the slope and must keep concentrated water from roofs, drives or pads from going over slopes or onto adjacent
properties;
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b) Where cut or fill slopes intersect the ends of each graded slope, the slope shall be horizontally rounded and blended with a minimum radius of twenty-five feet (25'). A smaller radius may be permissible for short slope lengths;
c) Where a cut or fill slope intersects a natural slope, the horizontal contours of the slope shall be curved so as to blend with the natural slope;
d) Where any cut or fill slope exceeds seventy feet (27') in horizontal length, the horizontal contours of the slope shall be curved in a continuous undulating fashion with radii no greater than three hundred feet (300') nor less than twenty feet (20'); e) Slope rounding shall be designed in proportion to the total height of the slope. The top and toe of each slope in excess of ten feet (10') height, excepting the toe of any slope within twenty-five feet (25') of a dwelling, shall be vertically rounded with radii equal to one-fifth of the height of the slope and no less than five feet (5'). This shall not apply to the toe of any cut slope that is supported by a retaining wall;
f) All engineered slopes shall be contour graded to achieve a natural appearance. Borders of cut slopes and fills are to be rounded to blend with the existing terrain;
g) Road and utility construction will not be approved until improvement plans have been approved for the area in
accordance with discretionary approvals and City standards; and
h) Slope height shall be measured to the intersection of the slant of the slope with existing ground before rounding.
3) Architectural Treatment: Architectural innovation shall be utilized rather than extensive grading so that the natural landform is disturbed to the least extent possible.
4) Development Area Interfaces: Where approved by the Planning Commission or City Council, the slope grading requirements may be applied to limited portions of an adjacent zone to permit the extension or transition of a logical design concept. These requirements do not preclude satisfying requirements for slope benching, drainage facilities, and maintenance access or fire apparatus access roads.
5) Development Guidelines for Natural Slopes: Areas within the following ranges of natural (pre-development) slope percentages shall be developed in accordance with the following criteria:
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