Agenda packet, regular meeting — Moreno Valley City Council, September 5, 2023 (part 8 of 8)

SUMMARY
The Memorandum of Understanding (“MOU”) between the City of Moreno Valley and Riverside County, Department of Environmental Health, provides for the County to provide vector control services within jurisdictional boundaries of the City.

The MOU provides that City shall enact regulations to allow for billing of fees by County for vector control services to be rendered, and to directly bill any applicant for applicable environmental planning review services, according to Riverside County Ordinance Nos. 523 and 640.

DISCUSSION
The City of Moreno Valley and Riverside County, Department of Environmental Health, entered into that certain Memorandum of Understanding having an effective date of July 1, 2022. Pursuant to the MOU, the County has agreed to provide vector control services within jurisdictional boundaries of the City, that include mosquito surveillance and control, and fly, rodent and cockroach advice. Community awareness, public presentations, consultations, and public education with flyers and booklets can also be provided upon request. Pursuant to the MOU, County will submit quarterly itemized billings, and the City will pay County at the rate in Riverside Ordinance No. 640 for the cost of specific services rendered within City boundaries, not to exceed $200,000 for the five (5) year MOU term, unless otherwise agreed between City and County. Any applicable administrative citations amounts charged by County against City residents and/or businesses for any actions taken by County will be used to offset amounts charged to City, less the cost of processing the citation.

The MOU further provides that County shall provide environmental planning review, technical assistance, and plan review for onsite wastewater treatment systems in accordance with Riverside County Local Agency Management Program; that City shall enact regulations to allow for billing of fees by County for said services to be rendered, according to Riverside County Ordinance No. 640; and City will enact necessary ordinances to allow County to directly bill any applicant for applicable services.

In order to effectuate the MOU, the MOU provides, in relevant part, that the City shall adopt Riverside County Ordinance No. 523, codified in Chapter 8.36 et. Seq. of the Riverside County Code of Ordinances, an “Ordinance of the County of Riverside Relating to the Control of Vectors and Incorporating by Reference Ordinance No. 725,” which generally consists of regulations regarding control of vectors.

City staff recommends that the City adopt and incorporate by reference County Ordinance No. 640 into Title 3 (“Revenue and Finance”) of the Moreno Valley Municipal Code, as set forth herein, subjecting certain project proponents to payment of any applicable fees as set forth therein, and authorizing County to charge and collect such F.3
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fees for services rendered; and that the City incorporate by reference County Ordinance No. 523 into Title 6 of the Moreno Valley Municipal Code.

Government Code 50022.4 requires that penalty clauses may be enacted only if set forth in full, and published, in the adopting ordinance. Accordingly, Sections 3.52.020 (“Delinquency Dates and Penalties”), 3.52.030 (“Violation – Penalties”) Sections

6.16.020 (“Administrative Penalties”), 6.16.030 (“Criminal Penalties”), and 6.16.040 (“Civil Actions”) of Riverside County Code of Ordinances, are set forth in the attached ordinance.

ENVIRONMENTAL REVIEW
The proposed Municipal Code Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

ALTERNATIVES
The City Council has following alternatives to consider:

1. Introduce and conduct the first reading of the proposed Ordinance adopting by reference Riverside County Ordinance Nos. 523 and 640, in accordance with the MOU between the City of Moreno Valley and Riverside County, Department of Environmental Health, and schedule a public hearing to receive public input regarding adoption of proposed ordinance as outlined in this report and consider adoption of said ordinance. Staff recommends this alternative.

2. Do not introduce, nor pursue, the adoption of the proposed Ordinance adopting by reference Riverside County Ordinance Nos. 523 and 640 as outlined in this report. Staff does not recommend this alternative.

FISCAL IMPACT
There is no fiscal impact with the adoption of this Ordinance.

Projected expenditures for vector control services are included in the adopted budget approved by City Council, and as approved by City Council in the July 1, 2022, Memorandum of Understanding with Riverside County, Department of Environmental Health.

Fees for applicable environmental planning review services shall be directly billed to project applicants by County.

NOTIFICATION
Publication of the Agenda.

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PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

James Verdugo Sean P. Kelleher
Building Division Manager/Building Official Community Development Director

CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003

APPROVALS

Budget Officer Approval ✓ Approved . 8/27/23 9:31 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:43 AM F.3
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1 Ordinance No. ___
Date Adopted: _______________

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADDING CHAPTER 6.16 (“RIVERSIDE COUNTY ORDINANCE NO. 523 CONTROL OF VECTORS ”) TO TITLE 6 (“HEALTH AND SANITATION ”) OF THE MORENO VALLEY MUNICIPAL CODE , ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 523, AS AMENDED THROUGH 523.3, “AN ORDINANCE OF THE COUNTY OF

RIVERSIDE RELATING TO THE CONTROL OF VECTORS AND
INCORPORATING BY REFERENCE ORDINANCE NO. 725”, CODIFIED AS CHAPTER 8.36 (“CONTROL OF VECTORS”) ET SEQ. OF RIVERSIDE COUNTY CODE OF ORDINANCES ; AND ADDING CHAPTER 3.52
(“RIVERSIDE COUNTY ORDINANCE NO. 640 ENVIRONMENTAL HEALTH SERVICES FEES ”) TO TITLE 3 (“REVENUE AND FINANCE ”) OF THE

MORENO VALLEY MUNICIPAL CODE, ADOPTING BY REFERE NCE
RIVERSIDE COUNTY ORDINANCE NO. 640 (AS AMENDED THROUGH
640.10) “AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 640 ESTABLISHING ENVIRONM ENTAL HEALTH
SERVICES FEES”, CODIFIED IN RIVERSIDE COUNTY CODE, CHAPTER

4.52 (“ENVIRONMENTAL HEALTH SERVICES FEES”)

WHEREAS, the City of Moreno Valley and Riverside County, Department of Environmental Health, entered into that certain Memorandum of Understanding having an effective date of July 1, 2022 (“MOU”). In relevant part, the MOU provides that the City shall adopt Riverside County Ordinance No. 523, codified in Chapter 8.36 et. Seq. of the Riverside County Code of Ordinances; and

WHEREAS, the County of Riverside (“County”) represents it has duly adopted Ordinance No. 523, as amended through 523.3, an “Ordinance of the County of Riverside Relating to the Control of Vectors and Incorporating by Reference Ordinance No. 725 ,” (collectively “Ordinance No. 523”) which generally consists of regulations regarding control of vectors; and

WHEREAS, pursuant to the MOU, the County has agreed to provide vector control services within jurisdictional boundaries of the City , that include mosquito surveillance and control, and fly, rodent, and cockroach advice. Community awareness, public presentations, consultations, and public education with flyers and booklets can also be provided upon request; and

WHEREAS, County will submit quarterly itemized billings, and the City will pay County at the rate in Riverside Ordinance No. 640 for the cost of specific services rendered within City boundaries , not to exceed $200,000 for the five (5) year MOU term, unless otherwise agreed between City and County. Any applicable administrative citations amounts charged by County against City residents and/or businesses for any actions taken by County will be used to offset amounts charged to City, less the cost of processing the citation; and F.3.a
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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 2 Ordinance No. ___
Date Adopted: _______________

WHEREAS, City staff has recommended that the City incorporate by reference County Ordinance No. 523 into Title 6 of the Moreno Valley Municipal Code , as set forth herein; and

WHEREAS, the MOU further provides that County shall provide environmental planning review, technical assistance, and plan review for onsite wastewater treatment systems in accordance with Riverside County Local Agency Management Program; that City shall enact regulations to allow for billing of fees by County for said services to be rendered, according to Riverside County Ordinance No. 640; and City will enact necessary ordinances to allow County to directly bill any applicant for applicable services; and

WHEREAS, the County of Riverside (“County”) represents it has duly adopted an “Ordinance of the County of Riverside Amending Ordinance No. 640 Establishing Environmental Health Services Fees” (as amended through 640.10) (collectively “Ordinance No. 640”), codified in Chapter 4.52 (“Environmental Health Services Fees” of Riverside County Code; and

WHEREAS, City staff has recommended that the City adopt and incorporate by reference County Ordinance No. 640 into Title 3 (“Revenue and Finance”) of the Moreno Valley Municipal Code, as set forth herein, subjecting certain project proponents to payment of any applicable fees as set forth therein, and authorizing County to charge and collect such fees for services rendered.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS

That the above recitals are true and correct and are incorporated as though fully set forth herein.

Section 2. ADOPTION OF RIVERSIDE COUNTY ORDINANCE NO. 523 BY REFERENCE, ADDING CHAPTER 6.16 (“ RIVERSIDE COUNTY
ORDINANCE NO. 523 CONTROL OF VECTORS ”) TO TITLE 6 OF

THE MORENO VALLEY MUNICIPAL CODE

A. That the City Council hereby adopts Riverside County Ordinance No. 523, an “Ordinance of the County of Riverside Relating to the Control of Vectors and Incorporating by Reference Ordinance No. 725,” as may be amended, which is incorporated by reference as though set forth at length herein, upon the effective date of this o rdinance, and desires the County enforce said ordinances within the jurisdictional boundaries of the City during the term of the MOU, as may be terminated early or extended, or during the term of any agreement between City and County which expressly grants County said rights .

Government Code 50022.4 requires that penalty clauses may be enacted only if set forth in F.3.a
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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 3 Ordinance No. ___
Date Adopted: _______________

full, and published, in the adopting ordinance. Accordingly, Sections 6.16.020 (“Administrative Penalties”), 6.16.030 (“Criminal Penalties”), and 6.16.040 (“Civil Actions”) are hereby adopted by the City in the form as set forth in Ordinance 640. All terms and phrases shall have the same definition as set forth in the Riverside County Code.

B. That Chapter 6.16 (“Riverside County Ordinance No. 523 Control of Vectors”) is hereby added to Title 6 of the Moreno Valley Municipal Code as follows:

6.16 RIVERSIDE COUNTY ORDINANCE NO. 523 CONTROL OF VECTORS

6.16.010 Adopted.

Riverside County Ordinance No. 523, as amended through 523.3, an “Ordinance of the County of Riverside Relating to the Control of Vectors and Incorporating by Reference Ordinance No. 725,” and as may be amended in the future, is adopted and made a part of this chapter by reference.

6.16.020 Administrative Penalties.

A. The penalties assessed for each violation shall not exceed the following amounts:

1. $100.00 for a first violation;

2. $200.00 for a second violation of this Ordinance within one (1) year from the date of the first violation; and

3. $500.00 for each additional violation of this Ordinance within one (1) year from the date of the first violation.

B. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified in Section 6.D.1., above.

C. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

D. The penalties assessed shall be payable to the County of Riverside.

6.16.030 Criminal Penalties

Any person who neglects or refuses to abate a condition found by the Enforcement Officer to be in violation of this Ordinance within the time specified in a written notice shall be in violation of the provisions of this ordinance and shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person(s) shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted. Any person deemed guilty of violating this ordinance shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty F.3.a
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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 4 Ordinance No. ___
Date Adopted: _______________

of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation on the same site. (3) The third and any additional violations on the same site shall constitute an infraction or a misdemeanor offense and sh all be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both.

Notwithstanding the above, a first and a second violation may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

6.16.040 Civil Actions

A. Injunctive Relief and Abatement. Whenever, in the judgment of the Enforcement Officer, any person is engaged in any act or practice which constitutes or will constitute a violation of any provision of this Ordinance, or any rule, regulation, order, perm it or conditions of approval issued thereunder, upon the request of the Enforcement Officer, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment thereof, and require the violator to pay civ il penalties and/or abatement costs.

B. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of this Ordinance or any rule, regulation, order or conditions of approval issued thereunder, shall be liable for a civil penalty not to exceed $1,000.00 for each day or portion thereof, that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator.

Section 3. ADOPTION OF RIVERSIDE COUNTY ORDINANCE NO. 640 BY REFERENCE, ADDING CHAPTER 3.52 (“ RIVERSIDE COUNTY
ORDINANCE NO. 640 ENVIRONMENTAL HEALTH SERVICES
FEES”) TO TITLE 3 (“REVENUE AND FINANCE”) OF THE MORENO

VALLEY MUNICIPAL CODE

A. That the City Council hereby adopts Riverside County O rdinance No. 640 (as amended through 640.10), “An Ordinance of the County of Riverside Amending Ordinance No. 640 Establishing Environmental Health Services Fees”, codified in Riverside County Code, Chapter 4.52 (“ Environmental Health Services Fees”), by reference , as may be amended which is incorporated by reference as though set forth at length herein, upon the effective date of this ordinance, and desires the County enforce said ordinances within the jurisdictional boundaries of the City during the term of the MOU, as may be terminated early or extended, or during the term of any agreement between City and County which expressly grants County said rights. Government Code 50022.4 requires that penalty clauses may be F.3.a
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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 5 Ordinance No. ___
Date Adopted: _______________

enacted only if set forth in full, and published, in the adopting ordinance. Accordingly, Sections 3.52.020 (“Delinquency Dates and Penalties ”) and 3.52.030 (“Violation – Penalties”) are hereby adopted by the City in the form as set forth in Ordinance 640, and references to sections shall be references to Riverside County Code, except as may be otherwise stated therein. All terms and phrases shall have the same definition as set forth in the Riverside County Code.

B. That Chapter 3.52 (“Riverside County Ordinance No. 640 Environmental Health Services Fee ”) is hereby added to Title 3 of the Moreno Valley Municipal Code as follows:

3.52 RIVERSIDE COUNTY ORDINANCE NO. 640 ENVIRONMENTAL HEALTH

SERVICES FEES

3.52.010 Adopted.

Riverside County Ordinance No. 640, as amended through 640.10, an “An Ordinance of the County of Riverside Amending Ordinance No. 640 Establishing Environmental Health Services Fees”, codified in Riverside County Code, Chapter 4.52 (“ Environmental Health Services Fees”),” and as may be amended in the future, is adopted and made a part of this chapter by reference.

3.52.020 Delinquency Dates and Penalties.

A. The delinquency date shall be, in the case of an initial application, the thirty -first day after commencement of the activity except as to the following:

1. Temporary food facility or occasional event, in which case the receipt specified in this Ordinance shall be delinquent if not obtained earlier than ten working days prior to the day such activity is commenced;

2. Temporary closure of an underground storage tank which shall comply with the requirements as contained in Chapter 8.140, (Ordinance 617);

B. The delinquency date shall be, in the case of renewal, the thirtieth day following the expiration date shown on the receipt.

C. Except as provided in Subsection (A)(1) and (2) of this Section, the delinquency date of a temporary receipt issued pursuant to this Chapter shall be the second day after the commencement of the activity.

D. If any fee specified is not paid prior to the delinquency date, the applicant shall pay, in addition to such fee, a penalty in the amount of twenty (20) percent of such fee; if any fee specified is not paid within thirty (30) days of the delinquency dat e, the applicant shall pay in addition to such fee, a penalty in the amount of one hundred (100) percent of F.3.a
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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 6 Ordinance No. ___
Date Adopted: _______________

such fee, except as to the following:

1. If the fee specified in this Chapter for a mobile home park, recreational vehicle park, incidental camping area is not paid prior to the delinquency date, the penalties for delinquency shall be as follows:

a. If such fees are paid on or after the first day of February and prior to the first day of March of the applicable calendar year, the applicant shall pay, in addition to the fee specified in Section 4.52.130, a penalty of the amount of ten (10) percent of such fee.

b. If such fees are paid on or after the first day of March of the applicable calendar year, the applicant shall pay, in addition to the fee specified in Section

4.52.130, a penalty in the amount of one hundred (100) percent of such fee.

3.52.030 Violations – Penalties

A. Infractions. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by: (1) a fine not less than fifty dollars ($50.00) or to exceed one hundred dollars ($100.00) for a first violation of this chapter; (2) a fine not less than one hundred dollars ($100.00) or to exceed two hundred dollars ($200.00) for a second violation of this chapter within one yea r; (3) a fine not less than three hundred dollars ($300.00) or to exceed five hundred dollars ($500.00) for each additional violation of this chapter after a second violation within one year.

B. Misdemeanor. Notwithstanding the foregoing in subsection A of this section, a first and subsequent offense may be charged and prosecuted as a misdemeanor and upon conviction thereof shall be punished as provided by Penal Code, Section 19 as amended.

Each day such violation is committed or permitted to continue shall constitute a separate offense.

C. Correction of Violations. Payment of any penalty established by this chapter shall not relieve a person from responsibility of correcting any violation of this chapter, statute or regulation nor shall it relieve a person from the payment of a late fee i mposed under this chapter.

Section 4. DELEGATION OF ADMINISTRATION AND ENFORCEMENT

AUTHORITY

That the City Council hereby delegates the non-exclusive authority to the Department of Environmental Health of the County of Riverside to administer and enforce the provisions of Ordinance No. 523 and Ordinance No. 640 , as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time pursuant to Ordinance No. 523 or any other standards or restrictions imposed by the City on vectors within the City.

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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 7 Ordinance No. ___
Date Adopted: _______________

Section 5. COLLECTION OF FEES, FINES, AND PENALTIES

That the City Council hereby authorizes the Department of Environmental Health of the County of Riverside to collect such fees and fines duly approved by the County pursuant to all applicable laws and constitutional provisions, that are set forth in and/or related to the administration and enforcement of the provisions of Ordinance No. 523 and Ordinance No. 640, as adopted and incorporated herein, within the jurisdictional boundaries of the City.

Section 6. SEVERABILITY

That t he City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 7. REPEAL OF CONFLICTING PROVISIONS

That all the provisions of the Moreno Valley Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.

Section 8. EFFECTIVE DATE

That this ordinance shall take effect thirty (30) days after its adoption.

Section 9. AMENDING OF BAIL SCHEDULE

That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 10. CERTIFICATION

That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

INTRODUCED at the September 5th, 2023 City Council meeting; APPROVED AND ADOPTED this 3rd day of October, 2023.

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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY 8 Ordinance No. ___
Date Adopted: _______________

_______________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, Interim City Attorney

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Attachment: 2023-XX ORDINANCE ADOPTING BY REFERENCE RIV COUNTY ORDS 523 AND 640 20231003 (6333 : ADOPTION OF COUNTY

Report to City Council

ID#6341 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Public Works Director/City Engineer

AGENDA DATE: September 5, 2023

TITLE: MUNICIPAL CODE AMENDMENTS TO MODIFY
PROVISIONS IN TITLE 8, SECTION 8.21.020 – PERMITS
REQUIRED AND SECTION 8.21.160 – EROSION

CONTROL

RECOMMENDED ACTION
Recommendations:

1. Conduct a Public Hearing on proposed amendments to Section 8.21.020 and Section 8.21.160 of Title 8 of the City of Moreno Valley Municipal Code.

2. Introduce Ordinance No. XXX, an Ordinance of the City Council of the City of Moreno Valley, California, thereby amending the City of Moreno Valley Municipal Code Section 8.21.020 and Section 8.21.160 related to development grading regulations.

3. Set the second reading and adoption of the Ordinance for the next regularly scheduled Council Meeting on October 3, 2023.

SUMMARY

This report recommends adoption of an Ordinance to amend Section 8.21.020 “Permits Required” and Section 8.21.160 “Erosion Control” of the City’s Municipal Code Chapter

8.21 “Grading Regulations” of Title 8 “Building and Construction” in order to be consistent with Federal Emergency Management Agency (FEMA) Community Rating System (CRS) guidelines. The amendment to Section 8.21.020 “Permit Required” will augment the threshold (which triggers the requirement of grading permit) to include site disturbance amount in terms of area. The amendment to Section 8.21.160 “Erosion Control” will specify the threshold for site disturbance amount when an erosion control plan is required.

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DISCUSSION

The City currently participates in FEMA’s National Flood Insurance Program (NFIP)/Community Rating System (CRS). The current CRS manual specifies how much land can be disturbed (square feet) before Erosion and Sedimentation Control measures are required. Currently, Municipal Code Sections 8.21.020 & 8.21.160 only describe the threshold for volume of earthwork excavation. City Staff is recommending an update to Sections 8.21.020 & 8.21.160 to include adding a threshold of disturbed area (square feet) as recommended by the CRS manual. In order for the City to receive credit for this particular section of the CRS manual, the aforementioned sections of the Municipal Code need to be amended.

The CRS is a voluntary incentive program that recognizes and encourages community floodplain management activities exceeding the NFIP requirements. City of Moreno Valley residents and businesses receive a percent discount on flood insurance premium rates directly as a result of the City meeting the goals of the CRS.

The City’s compliance with the NFIP is mandatory for participation in the CRS.

The proposed Ordinance will include the necessary language as recommended per the CRS manual.

ALTERNATIVES

1. Introduce and amend Section 8.21.020 and Section 8.21.160 of the Moreno Valley Municipal Code regarding grading permit and erosion control plan requirements for development. Staff recommends this alternative in order to make residents and businesses eligible to purchase flood insurance at a discounted rate. The City would also continue to be eligible to receive federal financial assistance in the event of a Presidential declared emergency due to flooding.

2. Do not approve the recommended action as presented in this staff report. Staff does not recommend this alternative because the City would no longer be eligible to participate in the NFIP and CRS. Eligibility for disaster funds due to flooding would be compromised as well as the loss of discounted premiums for flood insurance policies for our residents and business owners.

FISCAL IMPACT

There is no fiscal impact to the General Fund associated with the proposed ordinance.

NOTIFICATION

Public hearing notice for this code amendment was published in the local newspaper on August 25, 2023.

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PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Hoang Nguyen, P.E. Melissa Walker, P.E.

Associate Engineer II Public Works Director/City Engineer

Concurred By: Concurred By:

Clement Jimenez, P.E. Harold Zamora, P.E.

Principal Engineer Engineering Division Manager/Assistant City Engineer

CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Notice of City Council Public Hearing - Ordinance for Muni Code 8.21 Update

2. Proposed Ordinance No. XXX

APPROVALS

Budget Officer Approval ✓ Approved . 8/27/23 9:32 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:38 AM F.4
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NOTICE OF

CITY COUNCIL

PUBLIC HEARING

THE CITY COUNCIL WILL CONSIDER AN
ORDINANCE AMENDING SECTIONS 8.21.020
AND 8.21.160 OF CHAPTER 8.21 OF TITLE 8 OF

THE CITY OF MORENO VALLEY MUNICIPAL

CODE, PERMITS REQUIRED AND EROSION

CONTROL

The proposed Municipal Code revision will include a minimum threshold in terms of area disturbed for when a grading permit is required and for when erosion control implementation is required.

Any person interested in the proposed project may contact Clement Jimenez, Principal Engineer at (951) 413 -3121 in the Public Works Department at 14177 Frederick Street, Moreno Valley, California, during normal business hours (7:30 a.m. to 5:30 p.m., Monday - Thursday and 7:30 a.m. to 4:30 p.m. on Fridays) or may telephone (951) 413-3120 for further information.

If you challenge any of these items in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council on or before the following meeting date:

Tuesday, September 5, 2023
6:00 P.M.

City Council Chamber
14177 Frederick Street.

Moreno Valley, CA 92552-0805

Upon request, this Public Hearing Notice will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in these activities hearing should direct such requests to the ADA Coordinator, at 951.413.3 350 at least 72 hours before the activity. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility and participation in this meeting or event.

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Attachment: Notice of City Council Public Hearing - Ordinance for Muni Code 8.21 Update (6341 : MUNICIPAL CODE UPDATE – SECTIONS

1 Ordinance No. XXX
Date Adopted: October 3, 2023
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, AMENDING SECTION

8.21.020 AND SECTION 8.21.160 OF CHAPTER 8.21 OF
TITLE 8 OF THE CITY OF MORENO VALLEY MUNICIPAL

CODE, PERMITS REQUIRED AND EROSION CONTROL

WHEREAS, the City Council of the City of Moreno Valley seeks to comply with the Community Rating System (CRS) program;
WHEREAS, the CRS program recommends revising the City’s Municipal Code to quantify earth disturbance requirements by area rather than just by volume; WHEREAS, the City seeks to remain in compliance with the CRS program.

The City Council of the City of Moreno Valley does ordain as follows:

SECTION 1. RECITALS
The recitals set forth above are true and correct and are incorporated herein by reference.

SECTION 2: MUNICIPAL CODE AMENDED
Title 8 of the City of Moreno Valley Municipal Code is hereby amended as follows:

Section 8.21.020(A)(2) of Chapter 8.21 of Title 8 of the City of Moreno Valley Municipal Code is deleted and replaced with the following:
“8.21.020(A)(2) An excavation which does not disturb more than one thousand (1,000) square feet in area or not exceed fifty (50) cubic yards on any one site and which is less than two feet in vertical depth, and which does not create a cut slope greater than five feet in vertical height and steeper than one and one -half to one (1.5:1) horizontal to vertical.”
Section 8.21.020(A)(9) of Chapter 8.2 1 of Title 8 of the City of Moreno Valley Municipal Code is deleted and replaced with the following:
“8.21.020(A)(9) A fill less than one foot in depth, placed on natural grade with a slope flatter than five horizontal to one vertical (5:1 ), which does not disturb more than one thousand (1,000) square feet in area or not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.”
Section 8.21.020(A)(10) of Chapter 8.2 1 of Title 8 of the City of Moreno Valley Municipal Code is deleted and replaced with the following:

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2 Ordinance No. XXX
Date Adopted: October 3, 2023
“8.21.020(A)(10) A fill less than three feet in depth, not intended to support structures or mobile homes, which does not disturb more than one thousand (1,000) square feet in area or does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.”
Section 8. 21.160(C)(1) of Chapter 8.2 1 of Title 8 of the City of Moreno Valley Municipal Code is deleted and replaced with the following:
“8.21.160(C)(1) All projects requiring a grading permit must have an erosion control plan submitted for approval. Projects that have an approved erosion control plan from the previous year must submit an updated erosion control plan for approval reflecting existing conditions or necessary changes that are needed for conformance with current conditions.

For those projects that do not require a grading permit, Erosion Control and Sediment Measures must be implemented for land disturbance area of one thousand (1,000) square feet or more.”

SECTION 3. SEVERABILITY

That should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

SECTION 4. REPEAL OF CONFLICTING PROVISIONS

All provisions of the City of Moreno Valley Municipal Code as heretofore adopted that are in conflict with the provisions of this ordinance are hereby repealed.

SECTION 5. EFFECT OF ENACTMENT:

Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

SECTION 6. NOTICE OF ADOPTION:

Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

SECTION 7. EFFECTIVE DATE:

This ordinance shall take effect thirty days after the date of its adoption.

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3 Ordinance No. XXX
Date Adopted: October 3, 2023
APPROVED AND ADOPTED this 3rd day of October, 2023.

_________________________________
Mayor

ATTEST:

______________________________
City Clerk

APPROVED AS TO FORM:

______________________________
City Attorney

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4 Ordinance No. XXX
Date Adopted: October 3, 2023

ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. XXX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Report to City Council

ID#6367 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: September 5, 2023

TITLE: APPROVE REVISING POLICY 3.06 TRAVEL & RELATED

BUSINESS EXPENSES (ELECTED OFFICIALS) TO

ENHANCE THE TRANSPARENCY REPORTING

RECOMMENDED ACTION
Recommendation:

1. Approve revising Policy 3.06 TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) to include additional transparency requirements for the reporting of the travel and training forms.

SUMMARY

This report discusses the motion from Council, at the August 15, 2023 Council meeting, to increase transparency reporting of Policy 3.06 Travel and Related Business Expenses (Elected Officials). The revisions to this Policy are attached.

DISCUSSION

Approve the revision to increase the reporting transparency of the travel and training forms which would now require Council approval once completed.

ALTERNATIVES

1. Approve the recommended action item 1 as presented in this report.

2. Provide alternate direction.

FISCAL IMPACT
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There will be no impact for this action.

NOTIFICATION

Publication of Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Name: Brian Mohan Name: Brian Mohan
Title: Assistant City Manager/CFO/Treasurer Title: Assistant City Manager/CFO/Treasurer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. 3.06 - Travel and Related Business Expenses (Elected Officials) 09.05.23 Redline

2. 3.06 - Travel and Related Business Expenses (Elected Officials) 09.05.23 Final

APPROVALS

Budget Officer Approval ✓ Approved . 8/29/23 8:01 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/29/23 9:23 AM H.1
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City of Moreno Valley Fiscal
Policy # 3.06

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TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) Approved by: City Council
July 11, 2006
Revised: April 2September 5, 201923

PURPOSE: This policy is intended to provide clarity in determining what expenses are reimbursed to City Elected Officials by the City of Moreno Valley (“The City”) in order to enhance public confidence in the oversight of expenses incurred by City Elected Officials.

SCOPE: This policy applies to the members of the City of Moreno Valley City Council.

POLICY:

I. General

A. California Assembly Bill 1234 requires the adoption of reimbursement policies that specify necessary and reasonable expenses that demonstrate a substantial benefit to the City.

1. Some of these necessary and reasonable expenses that would be beneficial to the City include:

i. Discussing community concerns with regional, state and national government representatives;

ii. Participating in regional, state and national organizations whose activities affect the City;

iii. Attending educational seminars designed to improve the skills and information levels of officials; and

iv. Promoting public service and morale by recognizing such service.

B. This policy establishes business expense guidelines for members of the City Council subject to the Ralph M. Brown Act and California Constitution provisions governing open meetings, including the City Council, pursuant to the requirements of AB 1234.

C. This policy specifies the kinds of activities that will be reimbursable for expenses incurred in the performance of the official duties of the City Council.

1. The City will pay for legitimate and reasonable travel -related business expenses, including transportation, lodging, registration fees, meals, and any other related expenses if they are for official business and fit within these guidelines and the guidelines established in Fiscal Policy #3.3 - Travel and Related Business Expenses.

D. This policy is not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to use good judgment and economy in the use and stewardship of City funds.

E. This policy also applies to any charges made to a City credit card (CalCard), cash advances or other line of credit.

F. If an official wishes to seek reimbursement for something that has not been adopted by this policy, then the official has the option of seeking prior approval for such reimbursement by action of the City Council.

POLICY:

II. Travel Authorization & Expense Reporting For (“Travel Form”)

A. The “Travel Form” is a mandatory document whether or not one expects to receive a travel advance or reimbursement for business related travel expenses.

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TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) Approved by: City Council
July 11, 2006
Revised: April 2September 5, 201923

1. Note: Always use the most up -to-date Travel Form located on the City’s Intranet under the “Forms Library” Tab → Financial Forms.

B. Travel Form - Part I “Travel Authorization”

1. Prior to any travel, the City Official must complete Part 1 “Travel Authorization” of the Travel Form.

i. Part I of the Travel Form requires the official to estimate the total cost of the requested travel and provide documentation of cash advances, vendor payments and credit card purchases.

ii. Equally important, Part 1 serves as documented authorization to travel on City business and helps identify when the official is traveling on behalf of the City in case of an accident or other incident.

C. Authorized Expenses

i. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:

a. Communicating with representatives of regional, state and national government on City adopted policy positions;

b. Attending educational seminars designed to improve the skill and information levels of officials;

c. Participating in regional, state and national organizations whose activities affect the City’s interests;

d. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost);

e. Attending City and community events as a representative of the City;

f. Implementing a Cityapproved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; and H.1.a
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TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) Approved by: City Council
July 11, 2006
Revised: April 2September 5, 201923

g. Attending meetings such as those listed above for which a meeting stipend is expressly authorized under this policy.

ii. All other expenditures require prior approval by the City Council. The following expenses also require prior City Council approval:

a. International travel;

b. Expenses which exceed the annual limits established for each office holder;

c. Expenses exceeding $6,000 per trip.

d. Note: Travel with a total cost of $100 or less does not require the submission of a Travel Form.

1) A Petty Cash Request may be submitted for reimbursement and will be reimbursed per the Petty Cash Policy (Fiscal Policy #3.1).

iii. City funds, equipment, supplies (including letterhead), and staff time must only be used for authorized City business.

D. Travel Form - Part II “Expense Reporting”

1. Upon returning from a trip, a final accounting of the travel is made by completing Part II “Expense Reporting” of the Travel Form; with the completed form being submitted to the Financial and Management Services Department within 15 workdays.

2. Expense reporting is required in all cases.

i. This is mandatory whether or not the advance received is equal to the expenses incurred, whether the official is eligible for additional reimbursement, or whether money is owed to the City.

3. If the official owes the City for the unused balance of a cash a dvance (other than per diem), they should pay the amount due to the Financ ial and Management Services Department cashier and attach the receipt to their Travel Form.

4. If the City owes the official money, they may request reimbursement by forwarding the Travel Form to the Financial and Management Services Department along with a Request for Direct Pay.

i. Requests for reimbursement by direct pay will be processed on the next available Accounts Payable check run, if submitted by the normal Accounts Payable deadline, but no later than ten workdays following receipt.

ii. If the amount requested is $100 or less, a Petty Cash Request may be submitted for reimbursement.

a) Requests for reimbursement by petty cash will be reimbursed per the Petty Cash Policy (Fiscal Policy #3.1).

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Revised: April 2September 5, 201923

5. A final accounting of all expenses related to the trip must be submitted and approved by the City Clerk.

i. The official must complete Part II of the Travel form and sign the report attesting to its accuracy.

ii. The official must then submit the form, including all required receipts and supporting documentation of expenses, to the City Clerk for approval.

iii. The City Clerk is responsible for ensuring that:

a) All expenses are reasonable, necessary and consistent with these guidelines.

b) Any required receipts are attached.

c) The final disposition is correct (balance due City Official or City).

d) Any amounts due to the City are fully reimbursed.

e) Final accounting of all expenses related to the trip is submitted to the Financial and Management Services Department within fifteen workdays following the officials completed travel.

e)f) The City Clerk will additionally agendize the entire travel form, including but not limited to, all of the documentation (receipts, hotel folio, airline ticket, etc) to substantiate each of the travel expenses listed on the report.

The agenda will include any travel forms received by an official in the prior month and finalized as described in this section and in section V B 5 below.

E. Unauthorized Expenses

1. Examples of personal expenses that the City will not reimburse include, but are not limited to:

i. The personal portion of any trip;

ii. Political or charitable contributions or events;

iii. Family expenses, including partners’ expenses when accompanying official on agencyrelated business, as well as children or petrelated expenses;

iv. Entertainment expenses, including theater, movies (either inroom or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;

v. Nonmileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and

vi. Personal losses incurred while on City business.

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July 11, 2006
Revised: April 2September 5, 201923

2. No reimbursement shall be made for personal expenses not provided by this policy or the approved City administrative travel policy. (Fiscal Policy #3.3)

3. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred.

F. Cash Advance Policy

1. On occasion, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf.

i. Such request for an advance should be submitted to the Finance Department no later than 7 working days prior to the need for the advance with the following information:

a) The purpose of the expenditure(s);

b) The benefits of such expenditure to the residents of the City;

c) The anticipated amount of the expenditure(s) (for example: hotel rates, meal costs and transportation expenses); and

d) The dates of the expenditure(s).

2. Any unused advance must be returned to the City treasury within two business days of the official’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.

3. In the event the Finance Department is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.

G. Credit Card Use Policy

1. The City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses.

2. City office holders may use the City credit card for such purposes as airline tickets and hotel reservations by following the same procedures as for cash advances.

3. City credit cards may not be used for personal or other nonCity expenses, even if the official subsequently reimburses the City.

4. A final accounting of all expenses related to the trip must be submitted in accordance with the approved City administrative travel policy. (Fiscal Policy #3.3)

III. Travel

A. The City will pay for legitimate and reasonable travel -related business expenses, including transportation, lodging, registration fees, meals, and any other related expenses if they are for official business and fit within these guidelines and those established in Fiscal Policy #3.3.

1. This policy is designed to provide guidelines specific to Elected Officials; please refer to Fiscal Policy #3.3 - Travel and Related Business Expenses for further information regarding additional City-wide guidelines for business travel.

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B. Transportation

1. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and timeefficient route.

i. Government and group rates must be used when available.

2. Airfare – Airfares that are equal to or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), California State Association of Counties ( http://www.counties.org/discount-travel-program) and State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.

3. Automobile – The reimbursed mileage rate for use of a private vehicle for City travel will be at the current Standard Federal Mileage Rate set by the IRS. (54.5 Cents per mile as of Jan. 1, 2018).

i. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. ii. This amount does not include bridge and road tolls, which are also reimbursable. iii. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed.

4. Car Rental – Rental rates that are equal or less than those available through the State of California’s website ( http://www.caltravelstore.com/) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Taxis/Shuttles/Ride Share Services – Taxis, shuttles or ride sharing fares may be reimbursed, including up to a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for timeefficiency.

6. Reasonable incidental travel costs such as parking, tips, gratuities, etc. shall be reimbursed.

7. Expenses for which City officials receive reimbursement from another agency are neither reimbursable nor reportable through the City.

C. Lodging

1. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay.

i. Conferences/Meetings – If such lodging is in connection with a conference, lodging expenses shall not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

ii. Other Lodging – Travelers must request government rates, when available. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

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Revised: April 2September 5, 201923

iii. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable, when available.

D. Meals

1. This policy recognizes that legislative and other regional, state and federal agency business is frequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City’s policy concerns.

2. Each meal expenditure must comply with the limits and reporting requirements of local, state and federal law.

3. Reimbursable meal expenses and associated gratuities will not exceed the following rates:

a. Breakfast: $15.71
b. Lunch: $23.56
c. Dinner: $44.50

4. Such amounts will be annually adjusted to reflect changes in the cost of living in accordance with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the Southern Californ ia area. (The annual adjustment will be based on this area whether travel is within the area or not.)

5. The City will not pay for alcohol/personal bar expenses.

IV. Communications

A. Telephone/Fax/Cellular

1. Officials will be reimbursed for actual telephone and fax expenses incurred on City business.

i. Telephone bills should identify which calls were made on City business.

2. For cellular calls when the official has a particular number of minutes included in the official’s plan, the official can identify the percentage of calls made on public business.

B. Internet

1. Officials will be reimbursed for reasonable Internet access connection and/or usage fees away from home, if Internet access is necessary for Cityrelated business.

V. Expense Reporting Requirements

A. Officials must submit their expense reports within 15 workdays of an expense being incurred, accompanied by receipts documenting each expense.

1. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.

2. All expenses are subject to verification that they comply with this policy.

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TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) Approved by: City Council
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B. Reports to Legislative Bodies

1. At the following meeting of the City Council, each official shall briefly report on meetings attended at City expense.

2. The report may be either a written or oral report. The report should be agendized to comply with Brown Act requirements.

3. The report need not disclose details of confidential conversations, but shall disclose the date and place of the meeting and its general subject matter.

4. If multiple officials attended the same event, a joint report may be made.

4.5. The City Clerk will additionally agendize the entire travel form, including but not limited to, all of the documentation (receipts, hotel folio, airline ticket, etc) to substantiate each of the travel expenses listed on the report . The agenda will include any travel forms received by an official in the prior month and finalized as described in section II D above .

C. Compliance With Laws

1. City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws.

i. For example, meals are considered “gifts” to legislators that must be reported by them if the total value of gifts given from the City exceeds $50 in a year; there also is an annual gift limit.

2. All agency expenditures are public records subject to disclosure under the Public Records Act.

D. Violation of this Policy

1. Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following:

i. Loss of reimbursement privileges;

ii. A demand for restitution to the City;

iii. The City reporting expenses as income to the elected official to state and federal tax authorities;

iv. Civil penalties of up to $1,000 per day and three times the value of the resources used pursuant to state law; and

v. Prosecution for misuse of public resources.

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TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) Approved by: City Council
July 11, 2006
Revised: September 5, 2023