ACTION:
____________________________
Clerk/Secretary
Department: City Attorney Item No:C1
Prepared by: Walter Chung, City Attorney Meeting Date:August 22, 2023 Approved by: John Conley, City Manager Agenda Location:Consent Calendar SUBJECT: AMEND CITY COUNCIL POLICY 100-17
RECOMMENDATION:
1. Adopt City Council Resolution No. 2023- , amending City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members.
2. Adopt City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2023/24 and 2024/25.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTIONS: On August 8, 2023, the City Council discussed proposed amendments to City Council Policy 100-17 and directed staff to make further amendments (No vote).
On June 13, 2023, discussed City Council discretionary funding and directed staff to amend City Council Policy 100-17 to include communication with members of the public on issues or matters affecting the City in accordance with City Council goals to be reviewed by the City Attorney in relation to all applicable laws, to be approved by the City Manager for consistency with City Council goals, with appropriate disclosure on digital communications of the funding source used or that communication (Vote: 4-1, Franklin opposed).
On August 13, 2019, adopted City Council Resolution No. 2019-95, amending City Council Policy No. 100- 17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, to change the reimbursable amount to $2500 (Vote: 5-0).
For a comprehensive list of prior City Council actions, see Exhibit 5.
STATEMENT ON THE SUBJECT: On June 13, 2023, at the request of Councilmember Melendez, the City Council discussed amending City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, to allow for reimbursement, up to the maximum amount allowed by the policy, for expenses related to communicating with third parties. A majority of the City Council indicated their desire to make this amendment to the policy and directed the City Attorney to draft the requested modifications to City Council Policy 100-17 and bring this item back for City Council consideration.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-147. Vote: 5-0; 2) City Council Resolution No. 2023-148. Vote: 5-0
MEETING DATE: August 22, 2023 PAGE 2
SUBJECT: AMEND CITY COUNCIL POLICY 100-17
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On August 8, 2023, the City Council discussed the proposed amendments and a majority indicated their desire to make an additional amendment to the proposed amended policy. Specifically, the City Council directed the City Attorney to amend the policy to allow the Mayor to use an additional $7,500 for communication purposes and requested the item return for City Council consideration at its August 22, 2023 meeting.
FISCAL IMPACT: Approval of the staff report will increase the City Council Special Department Expense Account (No. 0010100.531500.MAYOR) by $7,500 from available General Fund Unreserved Fund Balance Account (No. 0010000.310410).
EXHIBITS:
1. City Council Resolution No. 2023- , amending City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members
2. City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2023/24 and 2024/25
3. City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, as amended
4. A redline version of City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, as amended
5. Prior City Council Actions
08/22/2023 C1 Page 2 of 14
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CITY COUNCIL POLICY 100-17, TRAVEL
AND TRAINING AUTHORIZATION AND EXPENSE REPORTING POLICY FOR
CITY COUNCIL MEMBERS
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Members of the City Council are allowed to receive reimbursement of up to $2,500 annually for expenses authorized in City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members.
B. The City Council wishes to amend City Council Policy 100-17 to add reimbursement for communications made by City Council Members with third parties under certain conditions as an authorized reimbursable expense.
2. Action.
A. City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, is amended.
B. The effectiveness of amended City Council Policy 100-17 shall be retroactive to June 13, 2023.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 22, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230810135706
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
08/22/2023 C1 Page 3 of 14
EXHIBIT 1
00029213 7
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET
FOR FISCAL YEARS 2023/24 AND 2024/25
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On June 27, 2023 the City Council adopted Resolution 2023-117 approving the Operating Budget for Fiscal Years 2023/24 and 2024/25.
B. The City Council desires to amend the Operating and Capital Project Budgets at this time to reflect changed circumstances.
2. Action.
A. The Operating Budget for Fiscal Years 2023/24 and 2024/25 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on _______________________, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230814135630
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
08/22/2023 C1 Page 4 of 14
EXHIBIT 2
RESOLUTION NO. 2023-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A
1. Account Number Account Description Increase Decrease 0010000.310410 General Fund Unreserved Fund Balance 7,500$ 0010100.531500.MAYOR City Council Special Department Expense 7,500$ Appropriations are hereby made to fund additional funds for communication purposes. 08/22/2023 C1 Page 5 of 14
Vista City Council Policy
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100-17 TRAVEL AND TRAINING AUTHORIZATION AND EXPENSE
REPORTING POLICY FOR CITY COUNCIL MEMBERS
PURPOSE
To establish authorization and expense reporting policy guidelines for City Council Members using City funds for travel, training and related activities.
POLICY
The City budgets each year for specified travel, training, dinners, or community events for members of the City Council. In addition, each member of the City Council may use up to $2,500 per fiscal year to attend meetings, trainings, conferences, community events chosen at their discretion, for the purchase of City- logo apparel to wear when representing the City and for communication purposes.
The Mayor may use an additional $7,500 per fiscal year for communications as allowed per section 1(a)(iv), below. Use of funds must adhere to the procedures identified herein.
1. Authorized Expenses
a. The following types of occurrences qualify any of the City of Vista's ("City") City Council Members to receive reimbursement for expenses incurred in the performance of officials duties relating to travel, meals, lodging, and other actual and necessary expenses that constitute authorized expenses, provided the requirements of th is policy are met:
i.Communicating with representatives of regional, state, and national government on issues or matters affecting the City in accordance with the City Council-adopted annual Legislative Platform.
ii. Attending conferences and/or educational seminars designed to improve the member's expertise and information levels, including, but not limited to, ethics training required pursuant to Government Code.
iii. Participating in local, regional, state, and national organizations whose activities or interests may positively affect City's interests.
iv. Communicating with third parties when the communication relates to specific City Council goals. In order to be eligible for reimbursement, the written communication shall contain a disclosure that states, “This communication has been paid for by the City of Vista,” and, before any written communications 08/22/2023 C1 Page 6 of 14
EXHIBIT 3
Vista City Council Policy
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with third parties is published, (1) it shall be reviewed and approved for legality by the City Attorney, and (3) reviewed and approved by the City Manager for consistency with City Council goals.
b. The following expenses require prior approval of the City Council:
i.International travel
ii. Expenses which exceed any annual limits established for each member.
The authority for all conference, training, and travel related to City Council business is established by the adoption of the annual Operating Budget by the City Council. A Travel Authorization and Expense Form must be submitted by each City Council member to the City Manager prior to departure, outlining the purpose of the trip and estimating expenses to be incurred while traveling.
Examples of personal expenses that City will not reimburse include, but are not limited to:
a. The personal portion of any trip taken at City expense b. Political contributions or events
c. Travel companion expenses, including spouse, friend, or partner expenses when accompanying a member on City-related business, as well as children or pet related expenses.
d. 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.
e. Non-mileage automobile expenses incurred, including repairs, traffic citations, insurance, or gasoline.
f. Personal losses incurred while on City business (e.g., theft or property destruction).
Any questions regarding the propriety of a particular type of expense should be resolved before the expense is incurred.
Travel involving use of a personal vehicle shall be reimbursed at the current mileage rate allowed by the Internal Revenue Service for the total miles involved and the most direct route to and from the destination point. Reimbursement request shall indicate the destination and number of miles driven. 08/22/2023 C1 Page 7 of 14
Vista City Council Policy
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2. Expense and Reimbursement Guidelines
All expenditures should comply with the expense and reimbursement guidelines published in Vista Administrative Policy “Travel and Training Authorization and Expense Reporting,” unless superseded by the guidelines contained within this Policy.
In order to facilitate travel, the Finance Department is authorized to make advances of estimated expenditures, if the request is made on a Travel Authorization Form at least one week in advance. All advances shall be submitted for verification of funding availability by the City Manager prior to submission to the Finance Department. Within five working days of return from the trip, an Expense Report form shall be filled out and accompanied by receipts for all expenses. The City will reimburse the Councilmember for actual expenses. Money advanced in excess of actual expenditures shall be refunded to the City at the time the Expense Report form is submitted.
The following general guidelines shall apply to all Councilmembers traveling at City expense:
a. The City will reimburse approved reasonable expenses which are documented by receipts.
I. Reasonable expenses included registration, transportation, and lodging.
II. Councilmember will be expected to exercise good judgement in the nature of expenses incurred.
III. The City will not reimburse for meals included in registration fees.
IV. All documentation for expense reporting required in this policy shall be submitted to the Finance Director with reimbursement Payment Authorization or with refund of advanced monies. b. For overnight travel, Councilmembers will receive the same per diem allowances as are authorized for regular City employees. c. Councilmembers shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available.
3.Brief Reports to City Council
At the following meeting of the City Council, members shall briefly report on any meetings attended at City's expense as required by Government Code section 53232.3(d). If multiple members attended the meeting at City expense, a joint report may be made to the City Council. 08/22/2023 C1 Page 8 of 14
Vista City Council Policy
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4. Compliance with Laws
Members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures, including, but not limited to, expense reports, receipts, and written evidence of direct City advances or payments for expenses, are public records subject to disclosure under the Public Records Act.
5. Event Absences
Councilmembers will be allowed two excused absences for events, meetings, conferences, dinners or functions that are paid for by the City during a fiscal year. A third absence or more in which a fee has been paid for the Councilmember to attend, the absent Councilmember will reimburse the City any and all fees paid on behalf of the Councilmember. A cancellation to a paid function is allowed if done prior to the noticed cancellation date, and if the City is not charged for the function.
HISTORY
Adopted August 15, 2015, City Council Resolution No. 2015-143.
Amended December 8, 2015, City Council Resolution No. 2015-181.
Amended August 9, 2016, City Council Resolution No. 2016-115.
Amended June 13, 2017, City Council Resolution No. 2017-83.
Amended December 12, 2017, City Council Resolution No. 2017-156.
Amended August 13, 2019, City Council Resolution No. 2019-95.
Amended August 8, 2023, City Council Resolution No. 2023-__. 08/22/2023 C1 Page 9 of 14
Vista City Council Policy
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100-17 TRAVEL AND TRAINING AUTHORIZATION AND EXPENSE
REPORTING POLICY FOR CITY COUNCIL MEMBERS
PURPOSE
To establish authorization and expense reporting policy guidelines for City Council Members using City funds for travel, training and related activities.
POLICY
The City budgets each year for specified travel, training, dinners, or community events for members of the City Council. In addition, each member of the City Council may use up to $2,500 per fiscal year to attend meetings, trainings, conferences, or community events chosen at their discretion, and for the purchase of City-logo apparel to wear when representing the City and for communication purposes. The Mayor may use an additional $7,500 per fiscal year for communications as allowed per section 1(a)(iv), below. Use of funds must adhere to the procedures identified herein.
1. Authorized Expenses
a. The following types of occurrences qualify any of the City of Vista's ("City") City Council Members to receive reimbursement for expenses incurred in the performance of officials duties relating to travel, meals, lodging, and other actual and necessary expenses that constitute authorized expenses, provided the requirements of th is policy are met:
i.Communicating with representatives of regional, state, and national government on issues or matters affecting the City in accordance with the City Council-adopted annual Legislative Platform.
ii. Attending conferences and/or educational seminars designed to improve the member's expertise and information levels, including, but not limited to, ethics training required pursuant to Government Code.
iii. Participating in local, regional, state, and national organizations whose activities or interests may positively affect City's interests.
iv. Communicating with third parties when the communication relates to specific City Council goals. In order to be eligible for reimbursement, the written communication shall contain a disclosure that states, “This communication has been paid for by the City of Vista,” and, before any written communications 08/22/2023 C1 Page 10 of 14
EXHIBIT 4
Vista City Council Policy
{00111534 1}1
with third parties is published, (1) it shall be reviewed and approved for legality by the City Attorney, and (3) reviewed and approved by the City Manager for consistency with City Council goals.
b. The following expenses require prior approval of the City Council:
i.International travel
ii. Expenses which exceed any annual limits established for each member.
The authority for all conference, training, and travel related to City Council business is established by the adoption of the annual Operating Budget by the City Council. A Travel Authorization and Expense Form must be submitted by each City Council member to the City Manager prior to departure, outlining the purpose of the trip and estimating expenses to be incurred while traveling.
Examples of personal expenses that City will not reimburse include, but are not limited to:
a. The personal portion of any trip taken at City expense b. Political contributions or events
c. Travel companion expenses, including spouse, friend, or partner expenses when accompanying a member on City-related business, as well as children or pet related expenses.
d. 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.
e. Non-mileage automobile expenses incurred, including repairs, traffic citations, insurance, or gasoline.
f. Personal losses incurred while on City business (e.g., theft or property destruction).
Any questions regarding the propriety of a particular type of expense should be resolved before the expense is incurred.
Travel involving use of a personal vehicle shall be reimbursed at the current mileage rate allowed by the Internal Revenue Service for the total miles 08/22/2023 C1 Page 11 of 14
Vista City Council Policy
{00111534 1}1
involved and the most direct route to and from the destination point.
Reimbursement request shall indicate the destination and number of miles driven.
2. Expense and Reimbursement Guidelines
All expenditures should comply with the expense and reimbursement guidelines published in Vista Administrative Policy “Travel and Training Authorization and Expense Reporting,” unless superseded by the guidelines contained within this Policy.
In order to facilitate travel, the Finance Department is authorized to make advances of estimated expenditures, if the request is made on a Travel Authorization Form at least one week in advance. All advances shall be submitted for verification of funding availability by the City Manager prior to submission to the Finance Department. Within five working days of return from the trip, an Expense Report form shall be filled out and accompanied by receipts for all expenses. The City will reimburse the Councilmember for actual expenses. Money advanced in excess of actual expenditures shall be refunded to the City at the time the Expense Report form is submitted.
The following general guidelines shall apply to all Councilmembers traveling at City expense:
a. The City will reimburse approved reasonable expenses which are documented by receipts.
I. Reasonable expenses included registration, transportation, and lodging.
II. Councilmember will be expected to exercise good judgement in the nature of expenses incurred.
III. The City will not reimburse for meals included in registration fees.
IV. All documentation for expense reporting required in this policy shall be submitted to the Finance Director with reimbursement Payment Authorization or with refund of advanced monies. b. For overnight travel, Councilmembers will receive the same per diem allowances as are authorized for regular City employees. c. Councilmembers shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available.
08/22/2023 C1 Page 12 of 14
Vista City Council Policy
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3.Brief Reports to City Council
At the following meeting of the City Council, members shall briefly report on any meetings attended at City's expense as required by Government Code section 53232.3(d). If multiple members attended the meeting at City expense, a joint report may be made to the City Council.
4. Compliance with Laws
Members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures, including, but not limited to, expense reports, receipts, and written evidence of direct City advances or payments for expenses, are public records subject to disclosure under the Public Records Act.
5. Event Absences
Councilmembers will be allowed two excused absences for events, meetings, conferences, dinners or functions that are paid for by the City during a fiscal year. A third absence or more in which a fee has been paid for the Councilmember to attend, the absent Councilmember will reimburse the City any and all fees paid on behalf of the Councilmember. A cancellation to a paid function is allowed if done prior to the noticed cancellation date, and if the City is not charged for the function.
HISTORY
Adopted August 15, 2015, City Council Resolution No. 2015-143.
Amended December 8, 2015, City Council Resolution No. 2015-181.
Amended August 9, 2016, City Council Resolution No. 2016-115.
Amended June 13, 2017, City Council Resolution No. 2017-83.
Amended December 12, 2017, City Council Resolution No. 2017-156.
Amended August 13, 2019, City Council Resolution No. 2019-95.
Amended August 8, 2023, City Council Resolution No. 2023-__. 08/22/2023 C1 Page 13 of 14
CITY COUNCIL POLICY 100-17
PRIOR CITY COUNCIL ACTIONS
On August 8, 2023, the City Council discussed proposed amendments to City Council Policy 100-17 and directed staff to make further amendments (No vote.) On June 13, 2023, discussed City Council discretionary funding and directed staff to amend City Council Policy 100-17 to include communication with members of the public on issues or matters affecting the City in accordance with City Council goals to be reviewed by the City Attorney in relation to all applicable laws, to be approved by the City Manager for consistency with City Council goals, with appropriate disclosure on digital communications of the funding source used or that communication (Vote: 4-1, Franklin opposed).
On August 13, 2019, adopted City Council Resolution No. 2019-95, amending City Council Policy No. 100- 17, Travel and Training Authorization and Expense Reporting Policy for City Council Members, to change the reimbursable amount to $2500 (Vote: 5-0).
On December 12, 2017, adopted City Council Resolution No. 2017-156, amending City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Council Members to modify the policy to allow for the purchas e of City-logo apparel to wear when representing the City (Vote: 5-0).
On November 14, 2017, discussed City Council Policy 100-17 and directed staff to modify the policy to allow for the purchase of City-logo apparel to wear when representing the City Vote: 5- 0).
On June 13, 2017, adopted City Council Resolution No. 2017-83, amending City Council Policy 100-17 Vote: 5-0).
On August 9, 2016, adopted City Council Resolution No. 2016-115, amending City Council Policies 100- 17 and 200-09, and deleting City Council Policy 100-07 (Vote: 4-0, Aguilera absent).
On December 5, 2015, adopted City Council Resolution No. 2015-181, repealing City Council Policy 200- 5, entitled “Expense Reimbursement Policy”, and amending City Council Policy 100- 17, entitled “Travel and Training Authorization and Expense Reporting Policy for City Councilmembers” Vote: 5-0).
On August 15, 2015, adopted City Council Resolution No. 2015-143, adopting City Council Policy 100-17, Travel and Training Authorization and Expense Reporting Policy for City Councilmembers (Vote: 5-0).
08/22/2023 C1 Page 14 of 14
EXHIBIT 5