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HomeMy WebLinkAboutCRPS-10-020 - Review of Council Policies1 C©rp©rate Services REPORT TO: Mayor C. Zehr and Members of Council DATE OF MEETING: February 22, 2010 SUBMITTED BY: R. Gosse, City Clerk PREPARED BY: R. Gosse ext. 2801 Kuthula Matshazi ext. 3287 WARD(S) INVOLVED: n/a DATE OF REPORT: February 16, 2010 REPORT NO.: CRPS-10-020 SUBJECT: REVIEW OF COUNCIL POLICIES RECOMMENDATION: For information and discussion BACKGROUND: For decades council has been establishing policies to guide staff and council in their decision making process yet, to the best of staff's knowledge, there has never been a comprehensive review of those policies. Starting in the later half of 2009, all council policies were examined and sent to the appropriate departments/divisions for comments including whether or not the policies were still valid. At the same time, Human Resources commenced review of the HR policies which although numbered differently from all other policies, are still considered to be council policies. REPORT: There are 258 council policies that range from a single sentence taken from a council resolution to a more comprehensive 12 page policy. Over the years as councils adopted policies there has been inconsistencies in the format, purposes and maintenance of these policies. Upon examination it was found that many are out of date, redundant due to changing legislation or new policies that supersede previous ones. Some are arguably not policy at all but would be considered as procedures or are more administrative in nature rather than guiding principles. In 2009 the policies were examined and determination was made regarding what department would take ownership of a policy based on type and impact. Following the determination every policy was sent to the various divisions for comments resulting in the following: ^ 107 are still considered valid ^ 56 should be repealed for various reasons ^ 52 require updating and/or re-wording ^ 16 could be repealed and consolidated into existing by-laws (Municipal code) ^ 16 could be consolidated into 4 new polices and 1 existing policy ^ 11 are still under review In addition, Human Resources are undertaking a review of its 69 policies and will be presenting their findings in the near future. In reviewing the responses it was concluded that a comprehensive review of all policies would be in order. To that end staff is proposing the following be undertaken over the next 12 months: ^ Develop a standard format for all policies ^ Present to Council, reports (over a period of time) on recommended actions to be taken with the policies and the rationale behind the recommendations ADMINISTRATIVE POLICY During the past 1-2 years, there has been informal discussion amongst senior staff on the merits of establishing an Administrative Policy Manual that would work in tandem with council policy and clearly set the administrative processes and guidelines to implement council decisions. The recent results of the council policy review also showed that in some cases existing council policy is arguably more administrative and/or procedural in nature and although there is merit in having such a policy, it may be best listed as an administrative policy. (an example of this is policy I-1003; attached) In order to formulate a position on the prospect of establishing an administrative policy manual, staff was asked to undertake research in the area of policy and in particular, what is policy and how can we differentiate between council and administrative policies? The research conducted on the matter revealed there is no clear definition of policy and there is certainly no clear line between what would be considered council and administrative policy. Experts agree that the line separating council policy from administrative policy is, in many instances, blurred and overlapping. An attempt to come up with criteria to determine whether a policy is council or administrative requires negotiation between elected officials and staff. To begin understanding this finding, we should start by looking at some proposed definitions from various sources, of council and administrative policy. Council policy should: ^ Be a policy that provides clear strategic direction; ^ Ensure good performance - i.e. that the authority's substantive goals are achieved, and policies implemented; ^ Be a set of decisions which are oriented towards along-term purpose or to a particular problem; ^ Promote a rational and consistent institutional context for decisions and actions. Administrative policy should ^ Develop operational procedures; ^ Develop rules such as time frames for certain actions; ^ Ensure allocation of certain duties to specific staff/resources based on functional areas; ^ Provide resources to implement council decisions Although these definitions, which are by no means absolute, could be considered as drawing a distinct line between the two policy types; there will be many areas of overlap as interest from both the elected officials and administrators encroach within each other's policies. The policy domain is an interaction field between administration and council as the former gives advice and makes recommendations to the latter. The influence of administration is wide in policy areas such as staff discretion, influencing budget and determining the formulae for distributing services. Council is therefore not alone in coming up with policy neither is the role of administrative staff uncontrolled. As well, councillors may become involved in service delivery where the handling of citizens' complaints are concerned or in areas where interpretation of rules tend to border on ambiguity. Councillors will take on the role as consumer advocates and ombudsman ensuring that citizens' are treated fairly. Councillors may also become involved in the oversight function to examine the conduct of programs to determine whether implementation is consistent with policy, whether programs are being administered appropriately, and what results are being accomplished. In this regard Section 224 of the Municipal Act defines, amongst other things, the role of the Council as: ^ to develop and evaluate the policies and programs of the municipality to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council As shown above, the relationship between both bodies of local government are intertwined and as such, it would be consistent for the policies of each of these bodies to also have that same relationship. This leads to two more questions; is it possible to develop criteria to differentiate council and administrative policies and, is there a need to develop an administrative policy process. Is it possible to develop Criteria? What is apparent from the research undertaken is that there are no black and white answers to this question. The research also suggests that the City would have to create guidelines that attempt to establish a distinction between council policies and administrative policies based on the aforementioned definitions of policies and on the following principles: separation of powers; eliminating vagueness in policy; and, negotiation. These principles are explained in a little more detail as follows: Separation of powers o This principle sets the stage for the need to separate the roles of administration and council. It emanates from an understanding that concentration of power in one institution is not healthy, in this instance, for residents. This principle will assist the council and administration functions more efficiently and effectively. o Council has the final say on the determination of where the separation line lies between council policy and administrative policy. Viewed from a separation of powers principle, it would be desirable for Council to be always ready to engage management to discuss any possible overlaps. This is also true the other way around. As the overall authority, Council should retain the right to make a final call which is consistent with the furthering of efficient and effective administration. ^ Eliminate vagueness in policy o By giving as much detail as possible, in terms of the expectations of councillors and administrative staff will, in some instances, eliminate misunderstandings and overlaps. In yet other instances, it might even demonstrate the need for collaboration in policy or administration areas. ^ Negotiation o Where clarity cannot be established because of the intertwined nature of policy and administration, negotiation should be used to define or allocate area of responsibility. Although the fact remains that the distinction between the type of policies in question is extremely difficult to establish; staff believe that based on the principles outlined above, a set of criteria or guidelines can be developed to ensure the establishment of a separate administrative policy manual that will work in tandem with council policies. Whv establish an administrative policy manual? The following are some of the suggested reasons raised in support of establishing an administrative policy manual: ^ Provides clear administrative policy to staff that aligns with council's policies, goals and decisions; yet, does not require council to become bogged down in this administrative function; ^ Allows council to focus on community based policy; ^ Provides a means for consistent service delivery aligning with the goals of corporate customer service; ^ Reinforces the idea of a distinction between the political body as the overarching policy maker and administration as the implementation body; ^ Reduces administrative workload with respect to introducing and/or amending administrative policies; ^ Anticipate administrative policy development as a result of current review of organizational design and governance structure; ^ Provides an efficient method for council to meet its obligations under the Municipal Act whereby they can ensure that administrative policies and procedures are in place to implement the decisions of council. NEXT STEPS At this time, staff are looking for direction from Council on whether to proceed with the next step in establishing administrative policies being, the development of a framework and guidelines. It is planned that should direction be given in this regard, staff will report back to council early September 2010 with the framework and guidelines and a recommendation to move forward with the project. In regard to the comprehensive review of current council policies, staff will: ^ Develop a standard format for all policies; ^ Report back to council with recommendations, where required, on the current policies; ^ Implement a procedure for future review of the council policy manual. ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services POLICY NUMBER: I-1003 DATE: APRIL 30, 2007 POLICY TYPE:LAND USE PLANNING SUBJECT: DECORATIVE STREETSCAPE ELEMENTS POLICY CONTENT: Purpose Within new subdivisions, a Subdivider may choose to provide decorative streetscape elements, such as gateway entrance features, street name signs and street lights that are different than the standard. The following policy is intended to provide guidance to the timing, type, provision, approval and maintenance of these items. 2. Decorative Street Signs /Posts (a) Timing Prior to registration, the Subdivider shall advise the City's Transportation Planning Division as to whether they wish to use the City's standard street name signs or the decorative street name signs for the subdivision. (b) Type The decorative street sign style shall utilize white letters/border on blue background for new subdivisions. Graphics are not to be incorporated on the sign. The style for the sign and post is shown below: FQFlT !S - BOpK-B - 7" UPPERILOWER CASE SITE IS 25"']( B' ~! f18" ALUMINIUM TRAkSPARENT SLUE FILM 4H 50Li[i EFi61HE€R GRADE SCUFCNLITE WFI17€ BACK6ROUN0 -•~ 1 +~ ~ ~ 1 2. Decorative Street Signs /Posts, cont'd (c) Provision The Subdivider shall be responsible for 100% of the costs for the manufacture and installation of the approved decorative street signs/posts. The signs/posts shall be installed by the City upon assumption of the streets by the City. In the event that adjacent developments do not choose to incorporate the decorate style, the Subdivider may be responsible for additional costs to provide signs/posts along connecting streets to a logical transition point as defined by the City in order to ensure consistency in style on a street. (d) Approval and Discretion The use of decorative street signs/posts, the sign detail and the installation shall be to the satisfaction of the City's Transportation Planning Section. (e) Maintenance The Subdivider is required to make aone-time cash contribution towards future maintenance and replacement costs equal to 10% of the capital costs of the total decorative street signs/posts for the subdivision, payable to the City of Kitchener (to the attention of the Transportation Planning Section) prior to registration of the subdivision. The City shall be responsible for the remainder of the cost of replacement or repair. 3. Decorative Street Lighting (a) Timing Prior to servicing or registration whichever comes first, the Subdivider shall advise K-W Hydro and the City's Transportation Planning Section as to whether they wish to use the typical street light standards or the decorative street light standards for the subdivision. (b) Type Decorative street lighting in new subdivisions will be limited to the Talisman Pole and Washington Luminaire. 3. Decorative Street Lighting, cont'd (c) Provision The Subdivider shall be responsible for 100% of the capital costs for the approved decorative street lighting equipment as well as any engineering design costs, including extra poles for closer spacings. K-W Hydro will determine photometric design criteria and will design the layout, location and spacing of street lighting poles and luminaries. The Subdivider shall be responsible for 100% of all maintenance costs prior to electrical energization of the subdivision street lighting system. This includes costs due to theft, vandalism and damage caused by construction. The street lights shall be installed by the Subdivider prior to the streets being assumed by the City. In the event that adjacent developments do not choose to incorporate the decorative style, the Subdivider may be responsible for additional costs to provide decorative light standards along connecting streets to a logical transition point as defined by the City in order to ensure consistency in style on a street. (d) Approval and Discretion The use of decorative street lights, the street light standard detail and the installation shall be to the satisfaction of K-W Hydro and the Transportation Planning Section. (e) Maintenance The Subdivider is required to make aone-time cash contribution towards future maintenance and replacement costs equal to 10% of the capital equipment cost plus PST, of the total decorative street lights for the subdivision, or a minimum of $2000.00, whichever is greater, payable to the City of Kitchener (to the attention of the Transportation Planning Section) prior to registration of the subdivision. 4. Gateway Entrance Features (a) Timing vUth the preparation of a new Community Plan, the locations of community-scale gateway entrance features should generally be identified. nth the preparation of a new Neighbourhood Concept Plan, neighbourhood-scale gateway entrance features should generally be identified. nth the submission of a subdivision application, the location of gateway entrance features, if any, should be specifically identified. (b) Type Gateway entrance features may take many forms depending on the scale (community, neighbourhood primary and neighbourhood secondary), the context (surrounding use of entrance features and built form) and if there is an intended 4. Gateway Entrance Features, cont'd streetscape theme (ie. entrance feature along with other decorative streetscape elements within the subdivision). An entrance feature may consist of vegetation (shrubs, ornamental grass, trees, etc.), large stones/rocks, individual pillars, decorative fence or decorative noise attenuation wall (if required) with or without pillars. Water features are generally discouraged. Materials -the materials chosen should be as low maintenance as possible and should reflect the style and character of the streetscape and buildings within the subdivision/ neighbourhood/ community. Signage -decorative signage may be placed on or within the entrance feature to help provide a sense of location and identity for the subdivision/ neighbourhood/community. Signage should only include the name of the subdivision/neighbourhood/community and may include a visual symbol or logo. Signage should be sized to be in scale with the entrance feature and not be the most dominant element. Lighting -accent illumination of entry features may only be considered in limited circumstances with all efforts made to not contribute to light pollution or operating costs (ie. consider solar panels to power the lighting). ~. ,~,.i,sti.*,Y F~ ~'r~ (c) Location Entrances features may be located within a corner visibility triangle, centre median and/or park or other public space frontage. Features shall not obstruct visibility or flow of all modes of travel and should not be greater than 0.9m in height within visibility triangles (Reference: Zoning By-law, Section 4 and Municipal Code, Chapter 842). If taller materials (ie trees) 4. Gateway Entrance Features, cont'd are desired for entrance features at daylight triangles the following options may be considered: (i) Provide a 2.0-3.Om wide landscape buffer block behind the visibility triangle as a common element condominium; or (ii) Provide a 2.0-3.Om wide landscape buffer block behind the visibility triangle dedicated to the City; or (iii) Provide a 2.0-3.Om wide easement behind the visibility triangle over the adjacent lot or block in favour of the City. If an entrance feature is to be located within a visibility triangle that is the intersection of a City street and an arterial street (Region), the daylight triangle shall be assumed to be part of the City street and dedicated to the City. If a centre median is included, ensure that adequate right-of-way and carriageway width is provided. (d) Provision The Subdivider shall be responsible for 100% of the installation cost for the approved entrance feature. The Subdivider should install the entrance feature within one year of the first building permit of the Stage containing the feature, or, in the event of winter conditions by June 1St of the following year. (e) Approval The inclusion of a gateway entrance feature is to the satisfaction of the City and should be known prior to draft approval of the subdivision. Preferred materials and final details for the entrance feature are to the satisfaction of Community Services, in consultation with the Director of Planning. The entrance feature should be shown on a Streetscape Plan, prepared by a Professional Landscape Architect, if one is required for the subdivision. The location of the entrance feature should be indicated on the Streetscape Plan prior to servicing of the subdivision and the construction details shown on the same updated plan prior to registration of the Stage containing the feature. If a Streetscape Plan is not being prepared for the subdivision, the entrance feature should be shown on a Landscape Plan, to be prepared by a Professional Landscape Architect, and submitted and approved prior to registration of the Stage containing the feature to the satisfaction of the City's Community Services, in consultation with the Director of Planning. (f) Maintenance The Subdivider shall be responsible for cone-time contribution of 50% of the cost of the entrance features for the subdivision that shall be used towards future replacement or repair. The payment shall be made to the City prior to registration of the subdivision. The City shall be responsible for the remainder of the cost of replacement or repair.