CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES
COURT OF REVISION

March 9, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, March 9, 1999, at 7:40 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT: Mayor Philip Owen

Councillor Nancy Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT: Councillor Don Bellamy (Leave of Absence)

Councillor George Puil (Civic Business)

CLERK TO THE
COUNCIL: Larry Cantrell

COMMITTEE OF THE WHOLE

MOVED by Cllr. Herbert
SECONDED by Cllr. Sullivan

THAT this Council resolve itself into a Court of Revision for the purpose of hearing complaints against the proposed assessments or the accuracy of frontage measurements, or any other complaint which persons interested may desire to make and which is by law cognizable by the Court, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

COURT OF REVISION

Projects by Council Initiative

Chinatown - Proposed Business Improvement Area

Delegations

The Mayor called for representations relating only to errors in the names of property and business owners. No one came forward.

RISE FROM COURT OF REVISION

MOVED by Cllr. Kennedy
SECONDED by Cllr. Sullivan

THAT the Court of Revision rise and report.

- CARRIED UNANIMOUSLY

COUNCIL

RECEIVE REPORT OF COURT OF REVISION

MOVED by Cllr. Sullivan
SECONDED by Cllr. Don Lee

THAT the report of the Court of Revision be received.

- CARRIED UNANIMOUSLY

Memoranda from the Director of City Plans

Before Council was a memorandum from the Director of City Plans, dated March 3, 1999, which recalled that on February 4, 1999, Council considered an application from the Vancouver Chinatown Merchants Association to establish the proposed Chinatown Business Improvement Area (BIA). The application was referred to the Court of Revision for consideration as a Council Initiative.

The memorandum also noted that while the "sufficient number" of notices of objection to defeat a Local Improvement Initiative is normally considered to be more than one-half of the assessed owners, representing more than one-half of the assessed value, Council policy with respect to BIA applications has been to set the "sufficient number" of objections to be either one-third of the assessed owners, representing at least one-third of the assessed value or one-third of the business owners.

Also before Council was a memorandum, dated March 9, 1999, from the Director of City Plans which provided information on notices of objections received for the application, updated to 12:00 noon, March 9, 1999.

Peter Vaisbord, BIA Coordinator, reported that notices of objection were received from 82 property owners (63.1% of the total within the boundaries of the proposed BIA), speaking for 131 assessed parcels (65.5% of the total), with an assessed value of $111,897,351 (47.9% of the total). An additional 41 tenants, representing 13.7% of the total number of tenants, sent in notices of objection. Mr. Vaisbord noted that approximately 95% of the notices of opposition had been executed on a form letter. He also pointed out that City staff had received retractions of opposition from two property owners and from eight business owners.

In response to questions from Councillors, Mr. Vaisbord reported that the great majority of the notices of opposition had been received only a day before this meeting. The form letter for the notices of opposition had not been designed by the City. The names and addresses on the notices of objection had been checked against the assessment roll.

Speakers

Speaking in opposition to the proposed Business Improvement Area:

· Harry Fan, a Chinatown property owner, argued that the funds raised by the proposed BIA would largely be used to relieve the costs to its sponsors of services already provided by them, and that in three different areas ofChinatown activity--parking, neighbourhood cleanliness and publicity--the sponsors of the proposed BIA had demonstrated unsatisfactory management skills or practices.

In response to questions from members of Council, Mr. Fan agreed that he had been one of the sponsors of an alternative proposal for a Chinatown Business Improvement Area up to February 4, 1999. Mr. Fan informed Council that he now opposes the idea of a Business Improvement Area for Chinatown. In its place he would establish a "Super Board" which would unite all elements of the Chinese community and would receive its funding from voluntary contributions and public fund raising events. Mr. Fan said that he would advise but not serve on the "Super Board" as a member. With regard to letters that he distributed requesting property owners and business owners to oppose the BIA application, he described the two groups as having distinct characteristics, adding that the English-language letter was intended solely for the property owners, while the Chinese-language letter was for the business owners.

Speaking in support of the proposed Business Improvement Area:

· Christopher Cheng of the Vancouver Chinatown Merchants Association (VCMA) commented that community security services provided by the VCMA have been funded on a purely voluntary basis and that establishment of a Chinatown BIA has been a major goal of the Association since 1991.

· Leanore Sali, of the Gastown BIA spoke of the benefits to Gastown of the Gastown BIA. She indicated that it is the intention of the Gastown BIA to work closely with a newly created Chinatown BIA in areas of shared interest and to seek out sources of funding jointly.

· Syrus Lee of the Vancouver Chinatown BIA Society suggested that the leaders of the opposition to the proposed Business Improvement Area may have misled many of the signers of the notices of opposition delivered to the City. He requested Council to disregard the notices of opposition for that reason.

Concern was expressed by some members of Council over the fact that only English language versions of "Notice of Intention" letters were sent by the City to property and business owners, thus allowing the possibility of misunderstanding. Concerns were also raised over the validity of the notices of opposition received by City staff with regard to the application for the proposed BIA.

MOVED by Cllr. Kennedy
SECONDED by Cllr. Sullivan

THAT decision be deferred on the application of the Vancouver Chinatown Merchants Association to establish the proposed Chinatown Business Improvement Area; and
THAT City staff report back to Council in two weeks' time with proposals for clarifying the state of approval or disapproval toward the proposed Chinatown Business Improvement Area among the affected property and business owners.

- CARRIED UNANIMOUSLY

The Council adjourned at 9:35 p.m.

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(c) 1998 City of Vancouver