Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:
Sophie Smith, Deputy City Manager
Jennifer Thompson, City Clerk
Subject:
Resolution No. 24-087 Rescinding Certain Previously Adopted City Council Policies which have become Outdated, Superseded, and/or Inconsistent with Current Law and consideration of proposed Council Policy CP-24-04
Recommendation:
That Your Honorable City Council:
(1) Adopt Resolution No. 24-087 Rescinding Certain Previously Adopted City Council Policies which have become Outdated, Superseded, and/or Inconsistent with Current Law, and
(2) Approve Council Policy CP-24-04 regarding City Council Policies Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Goal “G” – Organizational Effectiveness and Sustainability in that it demonstrates a commitment to local government best practices.
Background:
The City Manager and staff rely on an extensive body of laws, regulations, ordinances, codes and policies in order to effectively carry out the daily operations of the City. Many of the policies adopted by the City Council, such as those that deal with land use or zoning, are adopted by a resolution or by the adoption of an ordinance for inclusion in the Victorville Municipal Code. Other policies have taken the form of a numbered, stand- alone Council Policy, and deal with a specific topic.
A common use for a Council Policy is to express the Council’s desire to see certain outcomes achieved relative to particular situations or circumstances. These are intended 3 8
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to serve as broad policies, so that the City Manager and staff may develop administrative procedures designed to achieve the Council goals and objectives. These policies provide staff with high level, general direction. A recent example is CP-24-02, the Pension Liability Management Policy, adopted by Council on July 16, 2024.
Discussion:
As previously mentioned in recent staff reports, staff working on a few housekeeping projects to better organize, bring efficiency and assist city management in the future. One such project has been a comprehensive review of the existing Council Policies, with the goal of determining which policies are still in effect, and which are no longer necessary or conflict with subsequent Council actions.
Our review revealed that since 1964, the City Council has adopted 148 Council Policies dealing with a vast range of topics and issues. Many of the early Council policies dealt with employee issues, such as uniforms, use of city vehicles, sick leave payouts, etc. or outline specific administrative procedures such as the issuance of Certificate of Occupancies by the Building Department. Others dealt with issues that have subsequently been codified in the Victorville Municipal Code, such as private development bonding, zoning, etc. Other Council Policies have dealt with issues now covered in guiding documents adopted by the Council over the last 60 plus years, such as the General Plan or the Council Policy and Procedures Manual. Staff found that 58 of the Council Policies reviewed have been formally superseded by subsequent Council actions.
Distinction between City Council Policy and Procedures Manual and stand-alone Council Policies
The City Council adopted its first City Council Policy and Procedures Manual on October 3, 2017. This is often referred to as the “Council Policy Manual”. However, it should be noted there is a specific purpose for the Council Policy Manual that differs from the general policy direction provided through a stand-alone Council Policy (as proposed to be more clearly defined in CP-24-04). The Council Policy and Procedures Manual is intended to establish the rules and procedures for how the City Council conducts its business. The manual was also created to consolidate administrative procedures of the Council. The types of topics covered are the role of the Council, the council meeting agenda, rules of conduct and decorum, Council communication, and committees and boards. It essentially serves as a Councilmember handbook or guide.
This clarification has been added to address some of the questions that have been raised in the past regarding stand-alone Council Policies versus the Council Policy and Procedures Manual.
Council Policies recommended for Rescission
Based on staff’s review, the following 57 Council Policies are recommended to be rescinded by the City Council. The following table summarizes the subject of Council Policies and the reason rescinding is recommended:
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Policy
No.
Title Purpose of Policy Reason for Rescindment
CP-64-1 Use of Municipal
Improvement Act of 1913
(Resolution No. 64-83)
Establishes
procedures to
utilize the Act
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-65-1 Use of City Vehicles Rules for Employee
Use of City Vehicles
Employee-related; covered by
Administrative Policies
CP-65-2 Uniforms for Public Works
Employees
Requirement of
City Uniforms for
Public Works
Employees
Employee-related and outdated
CP-65-3 Maintenance of Public Safety
Employee’s Uniforms
Maintenance of
Uniforms for
Parking
Enforcement and
Animal Control
Officers
Employee-related and outdated
CP-67-1 Consulting Legal Advice,
Personnel Matters
City shall furnish
legal advice to
Departments
regarding
personnel actions
Employee-related and outdated
CP-69-1 Waiving the Requirements for
Sewers & Undergrounding
Utilities
Prohibits Council
from waiving such
requirements
Outdated; VMC 10.02.150 adopted via
Ordinance No. 2363 on 3/21/17 and VMC
16-5.12.180 & 190 supersede this
(Ordinance had insufficient repealing
provisions language)
CP-70-2 Mail Boxes on City right-of-
way
Prohibits
encroachment
permits for
mailboxes on City
right of way
Outdated; CP-82-1 established mailbox
standards, but didn’t rescind CP-70-2
CP-73-2 Annexations or
Reorganizations
City shall consider
all means of
providing services
for annexation
requests
Outdated; Covered by LAFCO annexation
process; Legislation reform approved in
2000 that set forth new process
CP-74-1 Downsizing of Property Establishes interim
measures for
downzoning
Outdated; Covered by General Plan that is
governed by State law
CP-74-3 Sidewalk Repair Policy Establishes
responsibility for
sidewalk hazards
Outdated; language overly broad for city
liability
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CP-75-2 Uniforms and Safety
Equipment for Public Safety
Employees
Allowance for City
Uniforms and
Safety Shoes
Employee-related and outdated – Uniforms
and Safety Shoes are covered in the Benefits
Resolution and MOU
CP-75-4 No Smoking - Council
Chambers
Prohibits smoking
in Council
Chambers
Unnecessary; State law prohibits smoking in
buildings.
CP-77-1 Street Lighting Requests Establishes street
lighting requests
through committee
Outdated; Street Lighting Advisory
Committee no longer exists.
CP-77-2 Zoning Establishes
parameters for
zone changes
Outdated; Covered by General Plan that is
governed by State law.
CP-77-3 Use of City Vehicles Restrictions on
employees’ use of
City vehicles
Employee-related and outdated
CP-78-1 Special Permits & Hardship
Cases – Trash Pickup
Provides for special
financial or medical
hardship permits
Outdated; VMC 6.36.160 adopted via
Ordinance No. 2270 on 3/15/11 supersedes
(insufficient repealing language in
Ordinance)
CP-78-3 Sick Leave Conversion Policy Provides
methodology for
employee sick
leave payout
Outdated; Resolution 09-103 superseded
this (no rescinding language in resolution
CP-78-6 Animal Control Regulations Provides direction
to draft ordinance
for animal control
regulations
Unnecessary; Ordinance 639 from 9/18/79
established AC Regulations
CP-78-7 Access Policy Establishes policy
for Offers of
dedication for
access purposes
Outdated; superseded by VMC 9.32.020
adopted via Ordinance No. 2349 on 5/17/16
(insufficient repealing language in
Ordinance)
CP-78-8 Building Permit Procedures Requires each
department to sign
Certificate of
Occupancy
Unnecessary; Conflicts with the City’s
updated electronic process
CP-78-9 Annexations Establishes
annexation hearing
process, even for
pre-zoning
Outdated; pre-zoning now included in
General Plan
CP-80-6 Cut-Off Time for Agenda
Items
Ensures receipt of
Council agenda
materials in timely
manner
Outdated; City Clerk and City Manager
ensure compliance with the Brown Act
CP-81-2 Safety Shoe Program Safety Shoe
Requirements
Employee-related and outdated
CP-81-5 Hiring of City Employees No hiring on off-
duty hours
Employee-related and outdated
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CP-81-6 Use of City Property Rules for employee
use of city
property, facilities,
or equipment, etc.
Employee-related and covered in Personnel
Rules and Regulations
CP-82-2 Sewering Establishes septic
tank policy
Outdated; VMC 10.02 adopted via
Ordinance No. 2363 on 3/21/17 supersede
this (Ordinance has insufficient repealing
language)
CP-83-2 Review of Position
Descriptions
City Council shall
review all position
descriptions
Employee-related; inconsistent with VMC
and City Manager’s role
CP-83-3A Golf Cart Fees for Single
Riders
Establishes golf cart
fees
Outdated; fees incorrect and now
established by contract operator
CP-84-1 Maintenance of Public
Buildings
Parks and
Recreation Director
responsible for
public buildings
Outdated; Conflicts with current City
structure and falls under City Manager
authority
CP-84-3 Concurrent Submission of
Zoning Applications
Provides for
concurrent
submittals
Outdated; VMC 16-2.05.010 adopted via
Ordinance 2360 on 12/20/16 supersedes
(but no conflicting provision language)
CP-85-1 Policies & Goals for City
Departments
Sets expectations
of Departments
Outdated; Strategic Plan and other
documents or actions supersede
CP-87-2 “No Parking” Restrictions Restrictions set by
Council upon
recommendation
of Committee
Outdated; No longer have a Traffic Advisory
Committee.
CP-88-1 School Crossing Guards Adult crossing
guards provided by
City
Outdated; school districts provide crossing
guards
CP-88-3 Disputed Health Insurance
Claims & Eligibilities
City Manager and
City Attorney to
make
determinations
Outdated; no longer our health plan and
raises privacy concerns
CP-89-3 Neighborhood Ad Hoc
Committee Job Description
Details of Ad Hoc
Committee role
Outdated; Neighborhood Ad Hoc
Committee no longer exists
CP-89-4A Masonry Walls in City Rights-
of-Way
Requires masonry
walls where rear
yards abut arterial
streets be
constructed in right
of way
Outdated – Covered in VMC 16-3.08.030
and 17.48.100
CP-89-5 Allowing Employees to Train
in Other Job Classifications
Cross Training for
City Employees
Employee-related; provided in Rules and
Regulations and Administrative Policies
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CP-89-6 Employee of the Month
Guidelines
Employee of the
Month program
Employee-related; City Manager develops
staff recognition programs
CP-89-7 Fire Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Fire Advisory Committee no
longer exists
CP-90-1 Voluntary Drug Testing for
City Council, City Manager
and Department Heads
Establishes policy
for voluntary drug
testing
Outdated, voluntary drug testing program
no longer exists
CP-90-2 Sanitary Advisory Committee
Guidelines
Establishes role of
Committee
Unnecessary; Sanitary Advisory Committee
no longer exists
CP-90-3 Debt Issuance Policy for private
developers to use
public financing
tools for public
infrastructure
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 via
Resolution Nos. 22-51 and 22-52
CP-90-5 City-Wide Medians & Islands Requires raised
landscaped
medians on arterial
roadways
Outdated; now covered in the City’s 2018
General Plan Circulation Element;
requirements have changed
CP-90-6 Right of First Refusal –
Historic Buildings
Instructs
committee to
convey City’s
interest in
purchasing historic
buildings
Outdated; Historic Preservation Advisory
Committee no longer exists
CP-90-7 Administration Policy forming
Debt-Financing Districts for
Development
Establishes process
for developers to
utilize CFD’s
Outdated; Council approved use of SCIP and
BOLD programs for private development
6/7/22 (but no rescinding language for this
CP)
CP-90-8 Annexation Policy Establishes policy
and procedures for
annexation into the
City
Outdated; Covered by LAFCO annexation
process. Legislation reform approved in
2000 that set forth new processes.
CP-90-9 Disaster Status Reporting Provides reporting
requirements to
outside agencies
Outdated; Topics covered in City’s
Emergency Operations Plan or Continuity of
Operations Plan
CP-91-1 Military Pay Provides
employees with
supplemental pay
during military
service
Employee-related; covered by
Administrative Policy D-4 dated 10/13/11
CP-91-4 Model Homes Not Associated
with Tract Development
Provides for model
homes not
associated with
tract development
Outdated; No request for single model
homes (outside of a tract) in more than two
decades
CP-92-2 Modification to the Process
of Projects Seeking to
Increase Residential Densities
Requires developer
to obtain letter of
Outdated; School districts are consulted as
part of the entitlement process.
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release from school
district
CP-93-2 Recognition of
Councilmembers’ Private
Vehicles as Official City
Vehicles
Allows
Councilmembers to
park in official “City
Vehicle” spaces
Outdated; Council has designated parking
spaces
CP-94-2 Compensation to Employees
Subpoenaed as Witnesses
Compensation and
Reimbursement for
Witnesses
Employee- related; unnecessary because
prescribed by state law
CP-95-1 Purchasing Vehicles for City
Fleet
Outlines specific
purchasing process
for vehicles
Outdated; Conflicts with VMC Chapter 2.28
CP-99-1 Reclamation & Reuse of
Wastewater
Provides direction
to staff for non-
potable irrigation
water and to
address various
VVWRA issues
Outdated; appears to be responsive to
specific issues at that time, not practical for
today’s use
CP-07-1 Green Tree Fence Guidelines Allows large fences on golf course only
for driving range
Unnecessary; Policy overly vague as it does
not describe the definition of a “large fence”
CP-09-02 Layoffs Process for Layoffs Employee-related; covered in Personnel Rules and Regulations
CP-11-03 Vending Machine Nutrition Prescribes specific
offerings in City-
owned vending
machines
Employee-related; falls under purview of
City Manager
CP-24-04 City Council Policies
In order to provide guidelines and a regular review schedule for future Council Policies, CP-24-04 has been developed. The adoption of this policy should help to avoid in the future, the need for a substantial “clean-up” project such as the one just completed. The policy would require staff to review the existing Council Policies at least once every two years, to identify any changes in law that may impact the policies, or to recommend the rescinding of any policies that may conflict with subsequent Council action.
Conclusion
The adoption of Resolution No. 24-087 will bring clarity to the status of existing Council Policies by rescinding those policies that are no longer necessary and will establish a smaller group of 33 existing and valid Council Policies. To further this effort, CP-24-04 has been developed to help guide the development of new Council Policies and to establish a regular review process. Therefore, staff is recommending approval.
Staff remains available for any questions or comments.
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Attachments: A. Resolution No. 24-087
B. Copies of Council Policies to be Rescinded
C. Proposed CP-24-04 “City Council Policies”