Agenda — Tracy City Council, January 16, 2024 (part 3 of 3)

• City’
s annual Federal Lobby travel to Washington DC
• San Joaquin Council of Governments (SJCOG) annual “One Voice” travel to Washington DC
• National League of Cities annual Congressional Conference travel to Washington DC
Regardless of whether preapproved above or approve d by the City Council per separate, travel shall not exceed the adopted budget for any Official unless additional budget authorization is granted by the City Council by formal action. Travel requests for international and out-of-state travel from the City Council should follow the City Council’s Meeting Protocols for placement on the City Council agendas.”
The Travel Policy also states “Travel shall not exceed the adopted budget for any Official unless additional budget authorization is granted by the City Council by formal action.” O n September 19, 2023, the City Council adopted Resolution 2023-195, approving the travel budget for each City Councilmember at $20,000 and Mayor at $30,000 for FY 2023-24.

The current pro tocol is for a Councilmember or Mayor to request the future agendization of travel for out-of-state events during t he Council Items portion of a City Council meeting, If such request receives a second from another Councilmember, t hen staff r eturns with an agenda item for City Council consideration and approval. The Mayor requested that this process be removed from t
he Travel Policy and, instead, allow each Councilmember or the Mayor to make travel selections independent of City Council approval for out-of-state and/or out-of-country travel.

The Councilmembers’ and Mayor’s travel activities would be limited to the annual travel budget appropriations and the other requirements of the Travel Policy, which mirror the requi rements set forth in Government Code se ction 53232.2.

As
part of the amended Travel Policy, staff is recommending a minor revision. Staff is recommending the removal of If the group rate is not available, reimbursement at the IRS rate in effect at the time of travel shall apply (IRS Publication 463) from the lodging section and replacing it with If the group rate is not available, reimbursement will be limited to the group rate plus 10%; any additional expense will be incurred by the Traveler. This minor revision of language that, if not addressed, could place an undue burden on the Traveler when conference group rat
e hotel rooms are unavailable.

Attached to this staff rep ort i s the redline of the existing Travel Policy showing the proposed changes and a clean version of the proposed Travel Policy with these changes incorporated.

SCAL IMPACT
On September 19, 2023, the City Council adopted, approving the travel budget for each City Councilm
ember at $20,000 and Mayor at $30,000 for FY 2023-24. Approval of these amendments does not have a fiscal impact.

RATEGIC PLAN
This agenda item supports the City’s Governance Str ategic Priority, with Goal 2: Ensure short and l
ong-term fiscal health.

Agenda Item 3.D
January 16, 2024

Page 3 ends

RECOMMENDATION
Staff recommends that the City Council approve a Resolution amending the Policy for Reimbursement for Travel and E xpenses for Elected and Council-Appointed Officials to remove City Council pre-approval for out-of-state travel and to specify a lodging rate in the absence of a group rate.

Prepared by: Mariann Stolte, Executive Assistant to Assistant City Manager Reviewed by: Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Kimberly Murdaugh, Human Resources Director
Approved by: Midori Lichtwardt, City Manager

ATTACHMENTS
A. Redline Policy for Reimbursement for Travel and Expenses for Elected and Council- Appointed Officials
B. Clean Policy for Reimbursement for Travel and Expenses for Elected and Council- Appointed Officials

ATTACHMENT A

POLICY FOR

REIMBURSEMENT FOR

TRAVEL AND

EXPENSES

FOR ELECTED AND APPOINTED

OFFICIALS
The City Council of the City of Tracy believes that it is important that elected officials and officials appointed by the City Council (including appointed City Council, the City Manager, City Attorney, Planning Commissioners, Parks Commissioners, Transportation Commissioners and other volunteer members of boards, commissions, and committees, collectively, “Officials”) be governed by this Policy with respect to travel and expense reimbursements. Employees not covered by this policy shall be governed by the City of Tracy Travel Expense Administrative Policy.

The City Council believes that Officials should remain informed and trained in issues affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

The benefits include:
a. The opportunity to discuss the comm unity's concerns with state and federal officials;
b. Participation in regional, state and national organizations whose activities affect the City;
c. Attending educational seminars improve officials' skill and information levels; and
d. Promoting public service and morale by recognizing such service through serving, promoting, or creating benefits for the community of City of Tracy At the same time, the City Council believes that travel expenses can be significant costs to the City and that Officials should be judicious when making travel arrangements and abide by all applicable laws and regulations regarding reimbursement of travel expenses. In order to promote the noted endeavors while protecting public resources and fostering public trust in the use of those resources, the City Council hereby sets forth the travel and expense reimbursement policies for the Officials of the City of Tracy.

All anticipated conferences, conventions and professional meetings shall be budgeted for in the current operating budget. As the trip is being paid for with public funds, it shall be the responsibility of the Official undertaking the trip to make every effort to attend the entire conference and/or as many sessions as possible.

Elected Officials also must comply with the requirements of the Ralph P. Brown Act (Act), during attendance at any conferences, conventions and professional meetings, regardless of whether such events occur outside of California. Elected 1 ATTACHMENT A
Officials shall make travel arrangements and participate at events in a manner that appropriately complies with the Act.

A. AUTHORIZED EXPENSES
Travel expenses shall be allowed or reimbursed for days actually spent on City business, for programmed days of a conference or meeting, and for time spent in travel to and from these events. Expenses shall be computed for the days of the conference or event attended and for travel days not to exceed one day before and after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours on the actual beginning and ending days of a conference and/or meeting. Reasonable
hours for purposes of this Policy are
defined as the hours between 7 a.m. and 11 p.m.

City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. 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 and are do not exceed the budget allocation of each Official, including the cost of individual and or Citywide memberships required to secure the travel and/or training:

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

2. Attending educational seminars designed to improve Officials’ skill and information levels;

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

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

5. Implementing a Council-approved strategy for attracting to or retaining businesses in the City, for which the City Manager has requested Council attendance and will involve at least one staff member;

6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this Policy;

7. Internet, wi-fi, and/or Cable TV expenses related to, and used in connection with, the official duties of City Councilmembers only; and

8. Events where attendance of the Mayor and/or City Council is requested to attend on behalf of the City.
2 ATTACHMENT A
Expenses for international and out-of-state travel, require prior City Council approval, with the exception of the following travel:
 City’s annual Federal Lobby travel to Washington DC
 San Joaquin Council of Governments (SJCOG) annual “One Voice” travel to Washington DC
 National League of Cities annual Congressional Conference travel to Washington DC
Regardless of whether preapproved above or approved by the City Council per separate, tTravel shall not exceed the adopted budget for any Official unless additional budget authorization is granted by the City Council by formal action.

Travel requests for international and out-of-state travel from the City Council should follow the City Council’s Meeting Protocols for placement on the City Council agendas.

For the purposes of this Policy, if the City pays directly for the expenses such expenses are not eligible for reimbursement (e.g., conference fees).

B. UNAUTHORIZED EXPENSES
The City is subject to applicable State and federal laws regarding what constitutes reimbursable employee expenses.

Certain expenses incurred by City officials may be
deemed personal expenses and are not eligible for reimbursement by the City. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal portion of any trip;

2. Political or charitable contributions or events;

3. Family expenses, including partner's expenses, when accompanying official on agency-related business, as well as children or pet-related expenses;

4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events:

5. Alcohol/personal bar expenses;

6. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline;

7. Personal losses incurred while on City business;
3 ATTACHMENT A

8. Additional room related costs, such as early or late check out, laundry services, and/or upgraded parking expenses (i.e., valet when self-parking is available);

9. Any extra travel fees, such as priority or preferred seating, extra luggage (more than 2 bags), pre-boarding/early bird boarding, extra leg room, or costs incurred for travel plan changes within 30 days of travel or after travel has been secured;

10. Memberships to organizations not approved by the City Council; and

11. Travel and related expenses that do not reflect a direct business benefit to the City and the community.

C. COMPENSATION FOR ATTENDANCE AT MEETINGS
Compensation for meeting attendance shall be as follows:

1. City Council members' stipends/salaries shall be set and enacted as mandated by the California Government Code.

2. Stipends to the members of the Planning Commission, Parks Commission, Transportation Commission and other Commissions appointed by Council shall be established by resolution of the City Council for meetings of their respective bodies as defined by the R.P Brown Act.

3. No additional stipends/salaries are paid to attend travel.

D. TRANSPORTATION
When attending conferences or meetings that are of such distance that it is more economical to take commercial transportation, if an employee proposes to drive their car in those cases, commercial air fare will be paid and not automobile mileage. In addition, Officials are strongly encouraged to choose the lowest cost for ground transportation, taking into consideration reasonable travel time and other related cost factors such as parking. The City shall reimburse for only the lowest cost option, regardless of the actual costs incurred by the Official.

1. Airfare. Allowable costs for air travel shall be calculated by using the shortest and most direct route with the least number of enroute stops. All air travel shall be booked as far in advance as possible (no later than 30 days from travel, if applicable), so as to receive the lowest fares possible except where the lowest fare is for an overnight flight, which may be chosen by the individual but is not required. When the use of public air carrier transportation is used, travel for all Officials shall be in coach class or equivalent service that allows for at least one carryon bag, does not require the selection of middle seat; and may allow for aisle/window seat selection.

The City will only reimburse up to the cost of the least expensive ticket available via commercial air travel. Private automobile use to and from the airport shall be reimbursed for all miles at the prevailing IRS established rate. 4 ATTACHMENT A
Parking at the closest location to the airport is reimbursable.

2. Automobile. Automobile mileage is reimbursed at Internal Revenue Service ("IRS") rates in effect at the time of travel. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. Bridge or road tolls may be reimbursed with proof of crossing (e.g. toll receipts, toll statements, travels or toll provider maps indicating passage to destination)

3. Ground Transportation: The most economical mode and class of ground transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route.

Courtesy shuttle services, public transit, taxis, and/or rideshares should be used between airports and/or conference/meeting locations. Car rentals should only be used in special circumstances where the aforementioned services are not practical.

Taxis and other local transportation may be used for travel to restaurants as associated with the business purpose for the travel. Receipts for ground transportation must be provided for reimbursements. A 15% gratuity with a minimum of $3 is allowed.

E. LODGING
Lodging expenses will be reimbursed/paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must 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. Travelers must request government rates, when available. If the group rate is not available, reimbursement at the IRS rate in effect at the time of travel shall apply (IRS Publication 463). If the group rate is not available, reimbursement will be limited to the group rate plus 10%; any additional expense will be incurred by the Traveler.

F. MEALS
The City has not adopted a local expense reimbursement policy identifying a "per diem" of reasonable rates for meals. Instead, meal expenses shall be reimbursed subject to the maximum per diem for the meal as set by the IRS rate in effect at the time of travel, based on the location of the event. (See Cal. Gov’t Code §53232.2© and Publication 1542 at www.irs.gov.)
Meals provided by the conference or included in the registration fee will not be eligible for per diem, regardless of whether the Official utilizes such meals. A
continental breakfast is not considered a meal for purposes of calculating meal allowance. Registration materials indicating which meals are provided as part of 5 ATTACHMENT A
the registration must be submitted prior to receipt of per diem.

G. MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses incurred on City business. Telephone bills should identify which calls were made on City business.

H. TRAVEL AUTHORIZATION REQUEST
All Officials shall submit a Travel Authorization Request (through department designee) listing the expected expenses of the trip, including membership costs required as part of attendance. The travel request shall be submitted two weeks prior to the travel. The per diem check will be issued the week prior to travel and will include any prepaid expenses. Each Official must sign this request and is liable to the City for all monies advanced until an expense report is filed. Each Official must stay within their allotted travel budget for all costs paid by the City, including related costs (e.g., memberships and registration).

I. CREDIT CARD USE POLICY
The City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City Officials may use the City's credit card for such purposes as conference registration, airline tickets, and hotel reservations by following the same procedures allowed under the City’s credit card policy.

Receipts documenting expenses incurred on the City credit card and compliance with this Policy must be submitted within five (5) working days of use. Except as allowed under Section 8(3), City credit cards may not be used for personal expenses, even if the Official subsequently reimburses the City.

J. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
"All expenses reported on this form mu st comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the city's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability."
6 ATTACHMENT A
Expense reports must document that the expense in question met the requirements of this Policy. Officials must submit
their expense reports within thirty (30) calendar
days of an expense being incurred, accompanied by receipts documenting each expense.

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

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

In the event of ambiguity on any terms of the Policy, the City Manager shall consult with and obtain from the City Attorney a determination.

In the event of further ambiguity or a disagreement about whether an expense is eligible for reimbursement then the City Council should make the final determination.

K. REPORTS TO CITY COUNCIL, BOARD OR COMMISSION
At the next regular City Council (or Board or Commission) meeting, each Elected Official shall make a brief report (written or oral) on meetings attended at City expense. If multiple Officials attended, a joint report may be made.

L. COMPLIANCE WITH LAWS; VIOLATION
City Officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this Policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

Failure of an appointed Board or Commission member, after forty-five (45) days written notice, to complete the training required by AB1234 and this Policy shall result in the automatic removal of the member from their Board or Commission position.
7 ATTACH MENT B

POLICY FOR

REIMBURSEMENT FOR

TRAVEL AND

EXPENSES

FOR ELECTED AND APPOINTED

OFFICIALS
The City
Council of the City of Tracy believes that it is important that elected officials and officials appointed by the City Council (including appointed City Council, the City Manager, City Attorney, Planning Commissioners, Parks Commissioners, Transportation Commissioners and other volunteer members of boards, commissions, and committees, collectively, “Officials”) be governed by this Policy with respect to travel and expense reimbursements. Employees not covered by this policy shall be governed by the City of Tracy Travel Expense Administrative Policy.

The City
Council believes that Officials should remain informed and trained in issues affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

The benefits include:
a. The opportunity to discuss the community's concerns with state and federal officials;
b. Participation in regional, state and national organizations whose activities affect the City;
c. Attending educational seminars improve officials' skill and information levels; and
d. Promoting public service and morale by recognizing such service through serving, promoting, or creating benefits for the community of City of Tracy At the
same time, the City Council believes that travel expenses can be significant costs to the City and that Officials should be judicious when making travel arrangements and abide by all applicable laws and regulations regarding reimbursement of travel expenses. In order to promote the noted endeavors while protecting public resources and fostering public trust in the use of those resources, the City Council hereby sets forth the travel and expense reimbursement policies for the Officials of the City of Tracy.

All
anticipated conferences, conventions and professional meetings shall be budgeted for in the current operating budget. As the trip is being paid for with public funds, it shall be the responsibility of the Official undertaking the trip to make every effort to attend the entire conference and/or as many sessions as possible.

Elect
ed Officials also must comply with the requirements of the Ralph P. Brown Act (Act), during attendance at any conferences, conventions and professional meetings, regardless of whether such events occur outside of California. Elected 1 ATTACH MENT B
Officials shall make travel arrangements and participate at events in a manner that appropriately complies with the Act.

A. AUTHORIZED EXPENSES
Travel
expenses shall be allowed or reimbursed for days actually spent on City business, for programmed days of a conference or meeting, and for time spent in travel to and from these events. Expenses shall be computed for the days of the conference or event attended and for travel days not to exceed one day before and after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours on the actual beginning and ending days of a conference and/or meeting. Reasonable hours for purposes of this Policy are defined as the hours between 7 a.m. and 11 p.m.

City
funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. 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 and are do not exceed the budget allocation of each Official, including the cost of individual and or Citywide memberships required to secure the travel and/or training:

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

2. Attending educational seminars designed to improve Officials’ skill and information levels;

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

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

6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this Policy;

7. Internet, wi-fi, and/or Cable TV expenses related to, and used in connection with, the official duties of City Councilmembers only; and

8. Events where attendance of the Mayor and/or City Council is requested to attend on behalf of the City.
2 ATTACH MENT B
Travel
shall not exceed the adopted budget for any Official unless additional budget authorization is granted by the City Council by formal action.

For the purpos
es of this Policy, if the City pays directly for the expenses such expenses are not eligible for reimbursement (e.g., conference fees).

B. UNAUTHORIZED EXPENSES
The City
is subject to applicable State and federal laws regarding what constitutes reimbursable employee expenses. Certain expenses incurred by City officials may be deemed personal expenses and are not eligible for reimbursement by the City. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal
portion of any trip;

2. Polit
ical or charitable contributions or events;

3. Family
expenses, including partner's expenses, when accompanying official on agency-related business, as well as children or pet-related expenses;

4. Entert
ainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events:

5. Alcoho
l/personal bar expenses;

6. Non-mil
eage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline;

7. Personal
losses incurred while on City business;

8. Additi
onal room related costs, such as early or late check out, laundry services, and/or upgraded parking expenses (i.e., valet when self-parking is available);

10. Memberships to organizations not approved by the City Council; and

11. Travel and related expenses that do not reflect a direct business benefit to the City and the community.
3 ATTACH MENT B
C. COMPENSATION FOR ATTENDANCE AT MEETINGS
Compensat
ion for meeting attendance shall be as follows:

1. City
Council members' stipends/salaries shall be set and enacted as mandated by the California Government Code.

3. No additional stipends/salaries are paid to attend travel.

D. TRANSPORTATION
When attendi
ng conferences or meetings that are of such distance that it is more economical to take commercial transportation, if an employee proposes to drive their car in those cases, commercial air fare will be paid and not automobile mileage. In addition, Officials are strongly encouraged to choose the lowest cost for ground transportation, taking into consideration reasonable travel time and other related cost factors such as parking. The City shall reimburse for only the lowest cost option, regardless of the actual costs incurred by the Official.

Parking at the closest location to the airport is reimbursable.

3. Ground Transportation: The most economical mode and class of ground transportation reasonably consistent with scheduling needs and cargo 4 ATTACH MENT B
space requirements must be used, using the most direct and time-efficient route.

E. LODGING
Lodging expenses
will be reimbursed/paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must 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. Travelers must request government rates, when available. If the group rate is not available, reimbursement will be limited to the group rate plus 10%; any additional expense will be incurred by the Traveler.

F. MEALS
The City
has not adopted a local expense reimbursement policy identifying a "per diem" of reasonable rates for meals. Instead, meal expenses shall be reimbursed subject to the maximum per diem for the meal as set by the IRS rate in effect at the time of travel, based on the location of the event. (See Cal. Gov’t Code §53232.2© and Publication 1542 at www.irs.gov.)
Meals
provided by the conference or included in the registration fee will not be eligible for per diem, regardless of whether the Official utilizes such meals. A continental breakfast is not considered a meal for purposes of calculating meal allowance. Registration materials indicating which meals are provided as part of the registration must be submitted prior to receipt of per diem.

G. MISCELLANEOUS EXPENSES
Offi
cials will be reimbursed for actual telephone, fax, and parking expenses incurred on City business. Telephone bills should identify which calls were made on City business.

H. TRAVEL AUTHORIZATION REQUEST
All Off
icials shall submit a Travel Authorization Request (through department designee) listing the expected expenses of the trip, including membership costs required as part of attendance. The travel request shall be submitted two weeks 5 ATTACH MENT B
prior to the travel. The per diem check will be issued the week prior to travel and will include any prepaid expenses. Each Official must sign this request and is liable to the City for all monies advanced until an expense report is filed. Each Official must stay within their allotted travel budget for all costs paid by the City, including related costs (e.g., memberships and registration).

I. CREDIT CARD USE POLICY
The City
does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City Officials may use the City's credit card for such purposes as conference registration, airline tickets, and hotel reservations by following the same procedures allowed under the City’s credit card policy.

Receipt
s documenting expenses incurred on the City credit card and compliance with this Policy must be submitted within five (5) working days of use. Except as allowed under Section 8(3), City credit cards may not be used for personal expenses, even if the Official subsequently reimburses the City.

J. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash ad
vance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
"All expe
nses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the city's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability."
Expense
reports must document that the expense in question met the requirements of this Policy. Officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense.

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

All expens
es are subject to verification that they comply with this Policy.

In the event
of ambiguity on any terms of the Policy, the City Manager shall consult with and obtain from the City Attorney a determination. 6 ATTACH MENT B
In the event of further ambiguity or a disagreement about whether an expense is eligible for reimbursement then the City Council should make the final determination.

K. REPORTS TO CITY COUNCIL, BOARD OR COMMISSION
At the next r
egular City Council (or Board or Commission) meeting, each Elected Official shall make a brief report (written or oral) on meetings attended at City expense. If multiple Officials attended, a joint report may be made.

L. COMPLIANCE WITH LAWS; VIOLATION
City Off
icials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this Policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

Failure
of an appointed Board or Commission member, after forty-five (45) days written notice, to complete the training required by AB1234 and this Policy shall result in the automatic removal of the member from their Board or Commission position.
7 APPROVED AS TO FORM AND LEGALITY
___________
_____________
CITY ATTORNEY’S OFFICE

TRACY CITY

COUNCIL
RESOL
UTION NO. _______________

AMENDING THE POLICY FOR REIMBURSEMENT FOR TRAVEL AND EXPENSES

FOR ELECTED AND COUNCIL-APPOINTED OFFICIALS TO REMOVE CITY COU

NCIL PRE-APPROVAL FOR OUT-OF-STATE TRAVEL AND TO SPECIFY A

LODGING RATE IN THE ABS ENCE OF A GROUP RATE
WHEREAS, Government Code section 36514.5 allows Councilmembers to be reimbursed for actual and necessary expenses incurred in the performance of their official duties; and
WHEREAS, In January 2006, in accordance with AB 1234 (found in Government Code sections 53232 et seq.), the City Council adopted a “Policy for Reimbursement for Travel and Expenses for Elected and Appointed Officials”; and WHEREAS, Government Code section 53232.2 requires all local agencies, which provide reimbursements to members of its legislative body, adopt a written policy identifying what expenses qualify for reimbursement and requiring the filing of expense reports; and
WHEREAS, On April 17 , 2007, the City Council approved, through Resolution 2007-075, the Policy for Reimbursement for Travel and Expenses for Elected and Appointed
Officials (Policy); and
WHE
REAS, On October 5, 2021, the City Council adopted Resolution 2021- 140 amending the Policy to allow for travel reimbursement for expenses related to “Events where attendance of the Mayor and/or City Council is requested to attend and present a certificate on behalf of the City”; and
WHEREAS, On April 18, 2023, the City Council adopted Resolution 2023- 069 rescinding resolutions 2007-075 and 2021-140, which adopted and amended the policy for reimbursement for travel and expenses for elected and appointed officials; and adopted a new Policy for reimbursement for travel and expenses for elected and council- appointed officials.

Resolution 2024-____

Page 2 ends

WHEREAS, On September 19, 2023, the City Council adopted Resolution 2023-195, approving the travel budget for each City Councilmember at $20,000 and Mayor at $30,000 for FY 2023-24; and
WHEREAS, Given the individual budgetary approvals, the City Council desires to amend the “Policy to remove City Council pre- approval for out -of-state travel and to specify a lodging rate in the absence of a block rate, as shown on Attachment A (Policy); now, therefore, be it
RESOLVED: That the City Council hereby adopts amendments to the Policy Reimbursement for Travel and Expenses for Elected and Council-Appointed Officials as shown on Attachment A; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Manager to administer the Policy amendments effective immediately; and be it FURTHER RESOLVED, That the actions taken herein do not constitute a “project” under the California Environmental Quality Act. * * * * * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council
on January 16, 2024 by the following vote:

AYES: COUNCIL ME
MBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
______________
__________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

ATTACHM
ENT A: CLEAN VERSION - POLICY FOR REIMBURSEMENT FOR

TRAVEL AND EXPENSES FOR ELECTED AND APPOINTED OFFICIALS

ATTACH MENT A

POLICY FOR

REIMBURSEMENT FOR

TRAVEL AND

EXPENSES

FOR ELECTED AND APPOINTED

OFFICIALS
The City
Council of the City of Tracy believes that it is important that elected officials and officials appointed by the City Council (including appointed City Council, the City Manager, City Attorney, Planning Commissioners, Parks Commissioners, Transportation Commissioners and other volunteer members of boards, commissions, and committees, collectively, “Officials”) be governed by this Policy with respect to travel and expense reimbursements. Employees not covered by this policy shall be governed by the City of Tracy Travel Expense Administrative Policy.

The City
Council believes that Officials should remain informed and trained in issues affecting the affairs of the City and that attendance at institutes, hearings, meetings, conferences, or other gatherings is of value to the City and its citizens.

The benefits include:
a. The opportunity to discuss the community's concerns with state and federal officials;
b. Participation in regional, state and national organizations whose activities affect the City;
c. Attending educational seminars improve officials' skill and information levels; and
d. Promoting public service and morale by recognizing such service through serving, promoting, or creating benefits for the community of City of Tracy At the
same time, the City Council believes that travel expenses can be significant costs to the City and that Officials should be judicious when making travel arrangements and abide by all applicable laws and regulations regarding reimbursement of travel expenses. In order to promote the noted endeavors while protecting public resources and fostering public trust in the use of those resources, the City Council hereby sets forth the travel and expense reimbursement policies for the Officials of the City of Tracy.

All
anticipated conferences, conventions and professional meetings shall be budgeted for in the current operating budget. As the trip is being paid for with public funds, it shall be the responsibility of the Official undertaking the trip to make every effort to attend the entire conference and/or as many sessions as possible.

Elect
ed Officials also must comply with the requirements of the Ralph P. Brown Act (Act), during attendance at any conferences, conventions and professional meetings, regardless of whether such events occur outside of California. Elected 1 ATTAC HMENT A
Officials shall make travel arrangements and participate at events in a manner that appropriately complies with the Act.

A. AUTHORIZED EXPENSES
Travel
expenses shall be allowed or reimbursed for days actually spent on City business, for programmed days of a conference or meeting, and for time spent in travel to and from these events. Expenses shall be computed for the days of the conference or event attended and for travel days not to exceed one day before and after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours on the actual beginning and ending days of a conference and/or meeting. Reasonable hours for purposes of this Policy are defined as the hours between 7 a.m. and 11 p.m.

Cit
y funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. 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 and are do not exceed the budget allocation of each Official, including the cost of individual and or Citywide memberships required to secure the travel and/or training:

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

2. Attending educational seminars designed to improve Officials’ skill and information levels;

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

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

6. Meetings such as those listed above for which a meeting stipend is expressly authorized under this Policy;

7. Internet, wi-fi, and/or Cable TV expenses related to, and used in connection with, the official duties of City Councilmembers only; and

8. Events where attendance of the Mayor and/or City Council is requested to attend on behalf of the City.
2 ATTAC HMENT A
Travel
shall not exceed the adopted budget for any Official unless additional budget authorization is granted by the City Council by formal action.

For the
purposes of this Policy, if the City pays directly for the expenses such expenses are not eligible for reimbursement (e.g., conference fees).

B. UNAUTHORIZED EXPENSES
The Cit
y is subject to applicable State and federal laws regarding what constitutes reimbursable employee expenses. Certain expenses incurred by City officials may be deemed personal expenses and are not eligible for reimbursement by the City. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The person
al portion of any trip;

2. Poli
tical or charitable contributions or events;

3. Famil
y expenses, including partner's expenses, when accompanying official on agency-related business, as well as children or pet-related expenses;

4. Enter
tainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events:

5. Alc
ohol/personal bar expenses;

6. Non-mi
leage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline;

7. Pers
onal losses incurred while on City business;

8. Addit
ional room related costs, such as early or late check out, laundry services, and/or upgraded parking expenses (i.e., valet when self-parking is available);

10. Memberships to organizations not approved by the City Council; and

11. Travel and related expenses that do not reflect a direct business benefit to the City and the community.
3 ATTAC HMENT A
C. COMPENSATION FOR ATTENDANCE AT MEETINGS
Compens
ation for meeting attendance shall be as follows:

1. Cit
y Council members' stipends/salaries shall be set and enacted as mandated by the California Government Code.

3. No additional stipends/salaries are paid to attend travel.

D. TRANSPORTATION
When att
ending conferences or meetings that are of such distance that it is more economical to take commercial transportation, if an employee proposes to drive their car in those cases, commercial air fare will be paid and not automobile mileage. In addition, Officials are strongly encouraged to choose the lowest cost for ground transportation, taking into consideration reasonable travel time and other related cost factors such as parking. The City shall reimburse for only the lowest cost option, regardless of the actual costs incurred by the Official.

Parking at the closest location to the airport is reimbursable.

3. Ground Transportation: The most economical mode and class of ground transportation reasonably consistent with scheduling needs and cargo 4 ATTAC HMENT A
space requirements must be used, using the most direct and time-efficient route.

E. LODGING
Lodging expens
es will be reimbursed/paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must 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. Travelers must request government rates, when available. If the group rate is not available, reimbursement will be limited to the group rate plus 10%; any additional expense will be incurred by the Traveler.

F. MEALS
The Cit
y has not adopted a local expense reimbursement policy identifying a "per diem" of reasonable rates for meals. Instead, meal expenses shall be reimbursed subject to the maximum per diem for the meal as set by the IRS rate in effect at the time of travel, based on the location of the event. (See Cal. Gov’t Code §53232.2© and Publication 1542 at www.irs.gov.)
Meals
provided by the conference or included in the registration fee will not be eligible for per diem, regardless of whether the Official utilizes such meals. A continental breakfast is not considered a meal for purposes of calculating meal allowance. Registration materials indicating which meals are provided as part of the registration must be submitted prior to receipt of per diem.

G. MISCELLANEOUS EXPENSES
Off
icials will be reimbursed for actual telephone, fax, and parking expenses incurred on City business. Telephone bills should identify which calls were made on City business.

H. TRAVEL AUTHORIZATION REQUEST
All Of
ficials shall submit a Travel Authorization Request (through department designee) listing the expected expenses of the trip, including membership costs required as part of attendance. The travel request shall be submitted two weeks 5 ATTACH MENT A
prior to the travel. The per diem check will be issued the week prior to travel and will include any prepaid expenses. Each Official must sign this request and is liable to the City for all monies advanced until an expense report is filed. Each Official must stay within their allotted travel budget for all costs paid by the City, including related costs (e.g., memberships and registration).

I. CREDIT CARD USE POLICY
The City
does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City Officials may use the City's credit card for such purposes as conference registration, airline tickets, and hotel reservations by following the same procedures allowed under the City’s credit card policy.

Receipt
s documenting expenses incurred on the City credit card and compliance with this Policy must be submitted within five (5) working days of use. Except as allowed under Section 8(3), City credit cards may not be used for personal expenses, even if the Official subsequently reimburses the City.

J. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash ad
vance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
"All expe
nses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the city's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability."
Expense
reports must document that the expense in question met the requirements of this Policy. Officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense.

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

All expens
es are subject to verification that they comply with this Policy.

In the event
of ambiguity on any terms of the Policy, the City Manager shall consult with and obtain from the City Attorney a determination. 6 ATTAC HMENT A
In the event of further ambiguity or a disagreement about whether an expense is eligible for reimbursement then the City Council should make the final determination.

K. REPORTS TO CITY COUNCIL, BOARD OR COMMISSION
At the nex
t regular City Council (or Board or Commission) meeting, each Elected Official shall make a brief report (written or oral) on meetings attended at City expense. If multiple Officials attended, a joint report may be made.

L. COMPLIANCE WITH LAWS; VIOLATION
City Of
ficials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other applicable laws. Use of public resources or falsifying expense reports in violation of this Policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

Failur
e of an appointed Board or Commission member, after forty-five (45) days written notice, to complete the training required by AB1234 and this Policy shall result in the automatic removal of the member from their Board or Commission position.
7 January 16, 2024
Agenda Item 3.E

RECOMMENDATION
Staff recommends that the City Council appoint, by motion, two Council Members and an alternate to serve as a selection subcommittee to interview applicants and fill three (3) term vacancies on the Tracy Parks and Community Services Commission.

EXECUTIVE SUMMARY
This item requests that City Council appoint, by motion, two members of the City Council, and an alternate, to a subcommittee to interview applicants to fill three (3) term vacancies on the Tracy Parks and Community Services Commission.

BACKGROUND AND LEGISLATIVE HISTORY
In anticipation of the January 31, 2024, expiration of the terms of three (3) members of the Parks and Community Services Commission, the City Clerk’s Office opened a recruitment on December 28, 2023 and will close on January 18, 2024.

City Council Resolution No. 2021-200 (attached to this report as Attachment A), formally adopted a Council Policy go verni ng the process for City Council appointments on regular boards, commissions, and committees. Section 2(D) of that policy requires the City Council to form of a selection subcommittee by appointing two Council Members and an alternate to that subcommittee. This Council’s subcommittee will review qualified candidates, conduct interviews, and recommend candidate(s) to the Council.

ANALYSIS
Three (3) vacancies on the Parks and Community Services Commission must be filled. In accordance with the selection policy adopted by Resolution No. 2021-200 (attached to this report as Attachment A), a selection subcommittee must be formed to review and recommend candidates to fill the t hree (3 ) vacancies on the Parks and Community Services Commission.

FISCAL IMPACT
None.

PUBLIC OUTREACH/ INTEREST
Notification of the Parks and Community Services Commission recruitment was posted on the City’s Social Media pages, Tracy Press, the City’s website, and Channel 26.

STRATEGIC PLAN
This item is a routine operational item and does not relate to any of the Council’s strategic plans.

Agenda Item 3.E
January 16, 2024

Page 2 ends

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council appoint, by motion, two Council Members and an alternate to serve as a selection subcommittee to interview applicants and fill two term vacancies on the Parks and Community Services Commission.

Prepared by: Necy Lopez, Deputy City Clerk
Reviewed by: Adrianne Richardson, City Clerk
Brian MacDonald, Interim Assistant City Manager
Jeffrey J. Crosswhite, Assistant City Attorney

Approved by: Midori Lichtwardt, City Manager
ATTACHMENTS:

Attachment A: Resolution 2021-200
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ADOPTING A COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO CITY ADVISORY BODIES AND REPEALING RESOLUTION NO. 2021- 131
WHEREAS, On September 7, 2021, the Tracy City Council adopted Resolution 2021- 131 establishing a policy for the selection process for appointments to City advisory Bodies and repealing Resolution 2020-009;
WHEREAS, The current policy states that Council shall appoint two Council Members to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee, and WHEREAS, Council wishes to amend the language of Section 2 ( D)( 1) to state that Council shall appoint two members and an alternate to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Tracy hereby adopts the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies, attached as Exhibit A, and thereby repeals and supersedes Resolution No. 2021- 131.

The foregoing Resolution 2021- 200 was passed and adopted by the Tracy City Council on the 21 st day of December, 2021, by the following vote:

AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, DAVIS, VARGAS, YOUNG NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
YO, L ( 0.

MAYOR
ATTEST:
l

CITY CLERK

ATTACHMENT A

COUNCIL POLICY ESTABLISHING A SELECTION PROCESS FOR APPOINTMENTS TO

CITY ADVISORY BODIES
Exhibit " A" to Resolution No. 2021- 200)
SECTION 1: PURPOSE
To establish a selection process for appointments to City advisory bodies including defining residency requirements, in accordance with Government Code sections 54970 et seq.

SECTION 2: SELECTION PROCESS FOR APPOINTEE BODIES
A. On or before December 31st of each year, the City Clerk shall prepare an appointment list of all regularandongoingboards, commissionsandcommitteesthat areappointedby the City Council of the City of Tracy. The list shall contain the following information:

1. A list of all appointee terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of the appointment, the date the term expires and the necessary qualifications for the position.

2. A list of all boards, commissions and committees whose members serve at the pleasure of the Council and the necessary qualifications of each position.

3. The list of appointments shall be made available to the public for a reasonable fee that shall not exceed actual cost of production. The Tracy Public Library shall receive a copy of the list.

B. Whenevera vacancyoccursin any board, commissionor committee, whetherdueto expiration of an appointee' s term, resignation, death, termination or other causes, a special notice shall be posted in the office of the City Clerk, The Tracy Public Library, the City website, and in other places as directed within twenty ( 20) days after the vacancy occurs.

Final appointment to the board, commission or committee shall not be made by the City Council for at least ten (10) working days after the posting of the notice in the Clerk's office.

If Council finds an emergency exists, the Council may fill the unscheduled vacancy immediately.

C. Appointments shall be made for the remainder of the term created by the vacancy except as follows:

1. If appointee will fill an un -expired term with six months or less remaining, the appointment shall be deemed to be for the new term.

2. If the vacancy is filled by an emergency appointment the appointee shall serve only on an acting basis until the final appointment is made pursuant to section 2.

D. The Council shall use the following selection process to provide an equal opportunity for appointment to a board, commission or committee:

1. Council shall appoint two Council members and an alternate to serve on a subcommittee to review applications, interview applicants and recommend a candidate for appointment to the board, commission or committee.

2. If the Council subcommittee determines there are multiple qualified candidates, the subcommittee may recommend the Council establish an eligibility list that will be used to fill vacancies that occur in the following twelve (12) months.

3. At the Council subcommittee' s discretion, the chair ( or designee) of the board, committee or commission for which a member will be appointed, can participate in the interviews.

E. An individualalreadyservingon a Cityof Tracyboard, committeeor commissionmaynotbe appointed to serve on an additional City of Tracy board, committee, or commission concurrently.

SECTION 3: DEFINITION OF RESIDENCY REQUIREMENTS
A. Thefollowingdefinitionsshallbe usedto determinewhetherresidencyrequirementsare met for boards and commissions to which the Tracy City Council appoints members:

1. TracyPlanningArea meansthegeographicalareadefinedinthe Cityof TracyGeneral Plan and any amendments thereto.

2. City of Tracy means within the city limits of the City of Tracy.

3. Citizen means a resident of the City of Tracy.

4. TracySchoolDistrictmeansthe geographicalareaservedbythe TracyUnifiedSchool District.

5. Sphereof Influenceshallbethe geographicalareaapprovedbythe LocalAgency Formation Commission (LAFCo) of San Joaquin County and any amendments thereto.

B. Residency, as defined above and as set forth in the applicable bylaws for each board or commission, shall be verified annually by the City Clerk. The residency must be verifiable by any of the following means:

1. Voter registration,

2. Current California Driver' s License or Identification,

3. Utility bill information ( phone, water, cable, etc.),

4. Federal or State tax returns.
2 C. Members of boards or commissions shall notify the City Clerk in writing within thirty (30) days of any change in residency. If the change in residency results in the board member or commissioner no longer meeting the residency requirements, the member shall tender their resignation!to the City Clerk who shall forward it to the City Council. 3 January 16, 2024
Agenda Item 3.F

RECOMMENDATION
Staff recommends that the City Council appoint, by motion, Maxine Lees and Cynthia Reis to serve on the City of Tracy’s Arts Commission, for term beginning January 17, 2024 and ending December 31, 2028.

EXECUTIVE SUMMARY
On December 31, 2023, two (2) current City of Tracy representatives on the Tracy Arts Commission terms expired.

BACKGROUND AND LEGISLATIVE HISTORY
On December 31, 2023, two (2) current City of Tracy representatives on the Tracy Arts Commission terms expired. On January 8, 2024, interviews were conducted by Council Member Bedolla and Mayor Pro Tem Davis on January 10, 2024.

A recruitment was opened on November 22, 2023, and ended December 14, 2023, during which time, four (4) applications were received.

According to Council Policy outlined in Resolution 2021-200 (Attachment A), “If the Council subcommittee determines there are multiple qualified candidates, the subcommittee may recommend the Council establish an eligibility list that will be used to fill vacancies that occur in the following twelve (12) months.”

ANALYSIS
A Council subcommittee consisting of Council Member Bedolla and Mayor Pro Tem Davis, interviewed the four (4) applicants for the City of Tracy Arts Commission. In accordance with Resolution No. 2021-200, the Council subcommittee recommende d two candidates for
appointment and formed an eligibility list to the City of Tracy Arts Commission. During the interview process, Maxine Lees and
Cynthia Reis were selected to fill the expired terms.

Lindsey Humphrey was placed on the eligibility list.

PUBLIC OUTREACH/ INTEREST
Notification of Arts Commission recruitment has been posted on the City’s Social Media pages, Tracy Press, the City’s website, and Channel 26.

STRATEGIC PLAN
This item is a routine operational item and does not relate to any of the Council’s strategic plans.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council appoint, by motion, Maxine Lees and Cynthia Reis to serve on the City of Tracy’s Arts Commission, for a full-term beginning January 17, 2024 and ending December 31, 2028.

Agenda Item 3.F
January 16, 2024

Page 2 ends

Prepared by: Necy Lopez, Deputy City Clerk
Reviewed by: Adrianne Richardson, City Clerk
Brian MacDonald, Assistant City Manager
Bijal Patel, City Attorney
Approved by: Midori Lichtwardt, City Manager
Attachment A: Resolution 2021-200
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