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HomeMy WebLinkAbout2023-86 CC Resolution RESOLUTION NO. 2023-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL FOR INCLUSION IN THE CITY COUNCIL PROTOCOL MANUAL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi-phased, multi-year Race, Equity, Diversity and Inclusion (REDI) Initiative. Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. Section 3. The City Council adopted its first five policies on September 28, 2021 and a revised policy on March 23, 2023. Section 4. On January 10, 2023, the City Council approved a Public Recognitions Policy 111 and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. Section 5. On March 12, 2023 the City Council adopted a revised policy related to agenda placement. Section 6. On May 23, 2023, the City Council adopted three policies related to General Law City, Council-Manager Form of Government, and Role of Mayor, Mayor Pro Tempore and Council. The Selection of Mayor and Mayor Pro Tempore policy was not adopted. Section 7. On October 24, 2023, the City Council adopted five policies related to Use of City Letterhead and Seal, Complimentary Ticket Use and Reporting, Use of Systems, Electronic Communications and Technology Resources, State Mandated Training and Conflict of Interest Laws. Section 8. The City Council hereby adopts the following policies for inclusion in the City Council Protocol Manual: 1. Exhibit A—Appointments to Internal/External Committees 2. Exhibit B—Compensation and/or Stipend 3. Exhibit C—Code of Ethics 4. Exhibit D—Elected Official Travel and Reimbursement Section 9. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded. Section 10. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of November, 2023. Zit £;% J Zak Schwank, Mayor ATTESipy ro- Randi o City Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-86 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of November, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 .a► CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Appointment to Internal/External Committees Policy No. TBD Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the guidelines affiliated with the appointment of Council Members to internal and external committees. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: Appointments to Committees The City of Temecula has several internal committees— ad hoc and standing—on which the City Council serve. Under the Brown Act, which is codified in the Government Code, a "standing committee" is one that has "continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body." An "ad hoc committee" is one that has limited subject matter jurisdiction, typically one topic, and meets for such time as to complete a limited purpose. The Brown Act applies to all standing committee meetings and relevant staff ensure noticing requirements are met. Appointments to external committees may include Western Riverside County Regional Conservation, Riverside County Habitat Conservation Agency Board, Riverside County Transportation Commission, Riverside Transit Agency, Western Riverside Council of Governments, League of California Cities, National League of Cities, and Pechanga Tribal Council Liaison among others. The City Council makes appointments to its internal and external committees in January of each year. Two members are publicly appointed to each committee by a majority vote of the Council. Members may be appointed based on interest, continuity, availability, and/or any other reason. Members serve for the full calendar year in which they are appointed. In the event of a vacancy, another member may be appointed by majority vote of the City Council when the vacancy occurs. Stipends for Committees There are no stipends provided by the City of Temecula for any committee service on internal ad hoc and/or standing committees. For external committees, the corresponding regional agency (i.e., Riverside Transit Agency, Riverside Conservation Authority, etc.) may provide a stipend per month and/or meeting for service on their respective committee. Such appointments and related stipends are reportable pursuant to Fair Political Practices Commission Regulation 18702.5. The City Clerk's office is responsible for posting Form 806 listing paid appointed positions as required pursuant to law. rri► CITY OF TEMECULA C(781 .,.., CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Compensation and/or Stipend Policy No. TBD Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the requirements related to Council compensation and/or stipends as codified in the Government Code and the Temecula Municipal Code. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: The City of Temecula is a general law city formed under the laws of the State of California.The City Council compensation schedule for general law cities is set forth in Government Code Section 36516 et seq. Current City Council compensation is $600 per month pursuant to Temecula Municipal Code Section 2.04.050. City Council compensation was last adjusted in October 2023 via Ordinance No. 2023-08. Ordinance No. 2023-08 reset the compensation from $600 to $1,900 per month pursuant to Senate Bill 329. On June 29, 2023, Senate Bill 329 (SB 329)was signed into law setting forth a new compensation schedule for City Council members. SB 329 declared that the compensation schedule for general law cities had not been adjusted since 1984, indicating compensation had not kept pace with inflation. The Legislature also declared that compensation adjustments for inflation may help city councils become more diverse allowing individuals from across different income levels to serve the public and support their families. SB 329 was permissive and not mandatory. SB 329 increased the maximum amount of City Council salaries based upon population size, permitted adjustments by ordinance at two public meetings, and allowed for additional modification under specific circumstances.Automatic adjustments for CPI were prohibited. For cities 75,000 - 150,000 in population, maximum compensation was set at one thousand nine hundred dollars ($1,900) per month. While SB 329 set forth an alternative calculation to the$1,900 amount based on a maximum 5% increase per year from the date of the last adjustment (2003-2023=20 years), this amount was $1,200, and less than the $1,900 amount set by population. As such, the $1,900 amount remained the maximum cap for compensation adjustment at the time Ordinance 2023-08 was adopted. Ordinance No. 2023-08 will become effective after the results of the November 2024 general municipal election is certified by the City Council of the City of Temecula. A copy of Ordinance No. 2023-08 is 111 attached as Exhibit A. .r► CITY OF TEMECULA (111:e040 CITY COUNCIL POLICY R The Heart of Southern California Wine Country Title: Code of Ethics Policy No. TBD Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the Code of Ethics for the City Council of the City of Temecula. POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: City Code of Ethics Preamble The citizens of the City of Temecula are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Temecula City Council has adopted this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to- day service to the city. 3. Promote and maintain a culture of ethics. Pledge On November 14, 2023, the City Council of the City of Temecula adopted this City Code of Ethics, which applies to all City employees, officers, commissions, and elected or appointed officials and requires the following pledge: Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the city for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • I promote consistency, equity and non-discrimination in public agency decision-making. • I make decisions based on the merits of an issue, including research and facts. • I encourage diverse public engagement in our decision-making processes and support the public's right to have access to public information concerning the conduct of the City's business. Respect • I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not. • I take responsibility for my actions, even when it is uncomfortable to do so. In addition, the City Council commits to the following core values: 1. As a representative of the City of Temecula, in practice, this value looks like: I will be ethical. 2. As a representative ofthe City of Temecula, I will be professional. 3. As a representative of the City of Temecula, I will be service-oriented. 4. As a representative of the City of Temecula, I will be fiscally responsible. 5. As a representative of the City of Temecula, I will be organized. 6. As a representative of the City of Temecula, I will be communicative. 7. As a representative of the City of Temecula, I will be collaborative. 8. As a representative of the City of Temecula, I will be innovative. CITY OF TEMECULA CITY COUNCIL POLICY The Heart of Southern California Wine Country Title: Elected Official Travel and Reimbursement Policy No. TBD Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to establish responsibilities and guidelines for elected officials when attending business or professional conferences, training seminars or other travel on City business. It is the intent of the City of Temecula to assure compliance with all state and federal laws, including United States Internal Revenue Service regulations and Assembly Bill 1234 (2005). POLICY: The policy of the City Council with respect to the matter listed in the above-referenced title is as follows: In general, all reimbursements to elected officials are a use of public funds.The City expects to reimburse reasonable costs incurred by elected officials when traveling on City business, and elected officials are expected to use good judgment in their expenditure of public funds. Reimbursement of business-related expenses paid to elected officials is generally tax-free; however, elected officials must substantiate the expenses with original receipts. A detailed record of all reimbursable expenses incurred during the travel must be submitted on a City Travel/Expense Form. A. DEFINITIONS 1. Business Travel - authorized attendance at conferences, meetings, and seminars or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays in connection with official representation of the City to do the following: a. Communicate with representatives of regional, state and national government on City adopted policy positions. b. Attend trainings, seminars, symposiums, conferences, hearings, conventions or other meetings. c. Interview persons, inspect facilities or institutions, conduct surveys, and exchange professional information or otherwise travel for the benefit of the City. d. Act as host to persons who, for protocol reasons, merit appropriate courtesies. i e. Participate in such other activities requiring expenditures for travel and/or subsistence as are clearly necessary to serve in the best interest of the City. 2. Business Travel Period — the time that is necessary to travel by the most cost effective and appropriate travel method to attend conferences, meetings, and seminars related to City business. Additional time required to travel as the result of alternative travel methods selected by elected officials are not included in the business travel period and expenses are not subject to reimbursement. 3. Local Travel -travel within a radius of fifty miles from Temecula City Hall. 4. Out-of-Town Travel - travel greater than fifty miles from Temecula City Hall. 5. Mileage Allowance - the reimbursement paid to the elected official for the use of their own personal vehicle during travel on official City business. The mileage reimbursement rate will be the prevailing rate established by the Internal Revenue Service (IRS). Elected officials receiving a monthly automobile allowance are not eligible to receive an additional mileage allowance. 6. Allowable Expense - an expenditure deemed by the U.S. General Services Administration (GSA) as a stand-alone expense that is fully reimbursable, and not included as an incidental expense under per diem rates. 7. Incidental Expense-federal travel regulations define "incidental expenses" as fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards and stewardesses and others; transportation between places of lodging or business and places where meals are taken; and the mailing cost associated with filing travel vouchers. B. PROVISIONS 1. Approvals a. It is the policy of the City Council to publicly disclose and approve all requests for travel expense reimbursement from elected officials as a part of its approval for the List of Demands. If the travel is directly related to City business, defined as those legislative matters that fall within the jurisdiction of a local government municipality, such travel should be considered pre- approved for reimbursement. Any other requests for travel and subsequent reimbursement shall require pre-approval by the City Council. b. Any number of elected officials may attend conferences if the funds for such purposes are specifically provided for and included in the annual budget, and the number of attendees is justified in consideration of the additional cost. Any other requests for travel and subsequent reimbursement shall require pre-approval by the City Council. 2. Transportation 2 a. Use of air, train, private car or bus shall be selected based on the most cost effective and appropriate method, taking into consideration distance as calculated by an Internet mileage calculator such as MapQuest, and total costs to the City after all expense items are tabulated. Trips should be via the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. Costs associated with indirect routes, stops along the way for personal reasons, or extending the time beyond what is required for official business will not be paid for or reimbursed by the City. Once booked, changes to flights should be avoided whenever possible to minimize cost to the City. b. If an elected official wishes to drive rather than fly to a destination, and the official does not receive a monthly automobile allowance, the City will reimburse the elected official the lesser of the mileage rate to and from the site or the amount of the lowest cost airline coach fare within one week after the meeting or conference is booked plus the cost of mileage to and from the airport, the cost of long term parking, and the cost of transportation from the airport to the meeting or conference site for the time necessary for the business travel only. If parking fees are charged at the meeting or conference location due to the elected official driving their personal vehicle, the mileage and parking costs will be reimbursed up to the cost of the airfare, mileage, parking, and transportation costs listed above for the time necessary for business travel. The City will not cover the cost of additional expenditures such as meals, lodging, parking and any other costs incurred resulting from the additional time required to travel by automobile. c. Reimbursement for mileage shall be at the prevailing IRS established rate and mileage will be calculated from Temecula City Hall. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damage to the vehicle or service repairs are of a personal nature, and are not reimbursable by the City, and the City shall assume no liability. Reimbursement will be based on the vehicle and not on the number attending(i.e.,the owner of the vehicle will be paid and not the passengers). Mileage related to attending conferences or meetings requiring travel is submitted on the Travel Expense Form along with other conference or meeting expenses. Mileage not associated with travel, such as for local events, must be submitted monthly on a Mileage Reimbursement Form within 30 calendar days of the end of the month to be eligible for reimbursement. Such reimbursement is not available to those receiving a monthly automobile allowance. d. Expenditures deemed as an allowable expense by the GSA such as tolls, parking, internet service and checked baggage for airlines, will be fully reimbursed upon presentation of the original receipts for the period of travel time required for City business. If an elected official chooses to extend the trip for additional days, expenditures for these days will not be paid for or reimbursed by the City. The cost for valet parking will only be reimbursed if no lower cost self-parking was available. e. When the use of public air carrier transportation is approved, travel for all personnel shall be in coach class or equivalent service. Private automobile use to and from the airport shall be reimbursed for all miles at the current mileage rate. Long-term offsite parking must be used for travel exceeding 24 hours unless the onsite parking rate is lower. If, in lieu of parking at the airport, the elected official obtains a ride to and from the airport, the cost of the mileage for 3 both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long term parking for the required travel period. f. While traveling, the use of rental vehicles is discouraged. Shuttle services, buses, taxis, ride share, or car services, between airports and meeting locations will be covered. Rental vehicles shall only be permitted when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used,the least expensive vehicle practical shall be used, and car rental insurance must be purchased from the rental agency. Car rental fees will be covered only for the time required for the official travel. 3. Lodging a. Lodging shall be obtained at the most economical rate available for good quality accommodations. In general, the City will cover the cost of hotel accommodations at the standard room rate, government room rate, or conference attendee rate, whichever is less. Upgrades to accommodations are not covered and must be paid for directly by the elected official. 1) If 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. 2) The City will pay for a single occupancy room (including taxes, parking and other allowable expenses) for as many nights as is necessary to attend the meeting or conference based on the applicable agenda. Any extension of time for personal use is not covered and must be paid for directly by the elected official. If attendance at an event that is not on the agenda is required resulting in additional lodging, meal or other costs, the elected official must attach a statement or other documentation outlining the time and purpose of the meeting attended to obtain reimbursement for the additional costs. Lodging will be provided to elected officials the night prior to the meeting or conference when flight schedules do not allow for arrival on the day of the event prior to the start. Lodging will be provided on the last day of the event only if the event ends late in the day and no return flights are available. Elected officials must cancel any reservation that will not be used. If the City is charged for an unused reservation, the elected official will be responsible for that charge unless circumstances requiring cancellation were reasonably beyond their control. b. An elected official may stay with a friend or relative while attending an out-of-town meeting or conference; however, the City will not reimburse the elected official for any payment to the friend or relative for lodging, meals or transportation. 4. Meals, Incidental and Allowable Expenses 111 a. For trips requiring an overnight stay, the allowable cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on required business travel will be reimbursed when documented by appropriate receipts. The cost includes non-alcoholic beverages, taxes and tip. Elected officials are not eligible to receive a per diem allowance. 4 1) Elected officials are eligible to receive reimbursement for actual costs of meals and incidental expenses to the maximum allowance under the GSA Per Diem Rate Schedule (www.gsa.gov) for the location where the meeting or conference took place calculated daily meaning that the meals in totality will be reimbursed up to the maximum allowable for the day, not on an individual meal basis. Partial days, including the first and last days of the conference or event will be prorated according to the GSA Per Diem Rate Schedule. Meals for spouses or guests must be paid for by the elected official and are not eligible for reimbursement. 2) When meals are provided during a conference, those meals must be subtracted out of the per diem rate allowed for the day using the GSA Per Diem Rate Schedule provisions for partial days for the location in which the meeting took place.The provision of a "Continental Breakfast" will not be counted as a meal provided for the purposes of this section. 3) Receipts must show the itemized meal and beverages. Credit card receipts with no detail are not acceptable documentation. 4) Other expenditures deemed by the GSA as an allowable expense (i.e., checked baggage for airlines) are reimbursable. 5) Elected officials are required to submit supporting documentation and receipts for all IIIreimbursable purchases, including the elected official's name and the nature of the business. b. For trips not requiring overnight stays, the actual cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on business travel will be reimbursed when documented by appropriate receipts. The actual cost includes non-alcoholic beverages, taxes and a 15%tip. 1) Receipts must show the itemized meal and should have the elected official's name and the nature of the business documented. 2) Reimbursement shall not exceed the daily meal limit amounts set above, regardless of the amount in receipts submitted. 3) Meals for travel under twenty-four hours may be taxed according to IRS regulations. 4) Elected officials will not be reimbursed for meals if the location of the meeting or conference is within the City, since the elected official could have the meal in the manner they normally choose. 5) Elected officials will not be reimbursed for meals which are already included in the conference registration fee. 5 6) If an elected official is attending a one-day seminar whereby lunch is not included in the price of the seminar, the reimbursement may not exceed the prevailing U.S. GSA lunch rate for the location in which the meeting took place. 5. Cash Advances and Credit Card Usage a. If an elected official requires a cash advance for travel expenditures related to City business, a cash advance of a minimum of one hundred ($100) dollars up to a maximum of one thousand five hundred ($1,500) dollars may be made to the elected official. 1) Authorization shall be in the form of a check request from the City Manager to the Finance Department. 2) Cash advances shall be restricted to a maximum of meal and incidental allowances as defined in Section 4. b. Approved cash advances should be submitted to the Finance Department three weeks prior to departure date. 1) The elected official will be notified by the Finance Department when the requested funds are available for pickup immediately prior to the dates of travel. 111 2) Receipt of a cash advance for travel expenses does not constitute pre-approval for the expenditure of the entire amount so advanced, as all expenditures must be reasonable, justified and approved. c. If an elected official has accepted a cash advance, a reconciliation of the advance payment must be made based on the actual expenses incurred as part of the expense report and submitted to the City within ten (10)calendar days of returning from the conference or meeting. 1) If actual expenses exceed the amount of the advance, any additional expenses will be reimbursed. 2) If actual expenses do not exceed the expense advance received,the elected official shall reimburse the City for the unused portion within ten (10) calendar days of filing the expense report. Any unreimbursed cash advance will be withheld from the elected official's next stipend. d. Elected officials may be issued a credit card by the City of Temecula. Such credit card is to be used for City business only as set forth in this policy (i.e., conference registration, lodging hotel, transportation, non-covered meals, meetings, etc.). Said credit card shall remain in the possession of the Executive Assistant to the City Council and shall be checked out from time to time when the need arises including when the elected official is traveling for City business. Use of the credit card remains subject to all other relevant provisions set forth in this policy, including the submittal of actual costs incurred by way of receipts separately and/or via the Travel/Expense Form. 6 6. Other Provisions a. Spouses and guests are permitted to accompany the elected official on City travel and at conferences, seminars, and meetings, except when such accompaniment would interfere with the conduct of City business.Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official. b. If Internet access is necessary for City related business, the City will reimburse Internet access connection and/or usage fees away from home during the authorized business travel period. The rate must be listed as such on the invoice, so as not to be confused with other incidental costs. c. Baggage handling fees of a generally accepted, reasonable amount and gratuities of up to 15%will be reimbursed. 7. Unauthorized Expenses a. Items of a personal nature are not reimbursable, including movies, entertainment, premium television services, alcoholic beverages, snacks, gift certificates, laundering or dry-cleaning, spas, gyms, barbers, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, non-mileage personal automobile expenses, including repairs, insurance or gasoline, personal losses incurred while on City business, excess baggage, spouse and/or guest accommodations, office equipment and other items of a personal nature. b. Spouses and guests are allowed to accompany the elected official on City travel and at conferences, seminars- and meetings when using public or private transportation. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official including any increased lodging rate due to double occupancy. Any increase in cost due to a spouse or guest accompanying an elected official is not to be charged to the City and must be paid for directly by the elected official. c. Expenses for which elected officials receive reimbursement from another agency are not reimbursable. d. If unauthorized expenses have been paid by the City, the elected official will be responsible for immediate reimbursement to the City by cash or personal check. If the payment has not been received within twenty (20) calendar days after the event, the amount due will be deducted from the elected official's next monthly stipend. C. TRAVEL/EXPENSE FORM 1. Upon return from the event,the elected official must submit an approved Travel/Expense Form to the Finance Department within ten (10) calendar days. This form itemizes all expenses associated with the event. All original receipts must be attached, as well as a copy of the conference schedule and/or itinerary. Electronic receipts will also be accepted. 7 2. Expense forms must document that the expenses in question meet the requirements of this policy. 3. If an elected official has lost a receipt for a travel-related item, a memo is required. The memo must include the following: a. Detailed explanation, such as time, activity, and reason for losing the receipt. b. Include all receipt information such as place, amount, date, and description of item. c. The elected official must sign the memo. D. INTERPRETATION OF POLICY The intent of the policy is to provide guidelines to cover the necessary costs associated with elected officials attending conferences and meetings related to, and for the benefit of,the City of Temecula in the most cost-effective manner. Fiscal prudence should prevail in the interpretation of the policy as it is impossible to cover every unique situation that may arise. Any disagreement as to how the policy should be applied should be referred to the City Manager. E. VIOLATIONS OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the City of Temecula; 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties up to the maximum allowable by law; 5) prosecution for misuse of public resources. I 8