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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
CITY SERVICES AND BUDGETS

DECEMBER 2, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 2, 1999, at 1:30 p.m., in Committee Room Number 1, Third Floor, City Hall, following the Standing Committee on City Services and Budgets meeting, to consider the recommendations of the Committee.

PRESENT:	Deputy Mayor Nancy A. Chiavario Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Mayor Philip Owen (Civic Business) Councillor Don Bellamy Councillor Jennifer Clarke (Leave of Absence) Councillor George Puil (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Laura Kazakoff

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Sullivan,

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Chiavario in the chair.

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on City Services and Budgets
December 2, 1999

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl.1: Lower Mainland Treaty Advisory Committee "First Principles" Paper
Cl.2: Apartment Recycling Utility Fee and Revision to Solid Waste and Recycling By-law No. 7832
Cl3: 1999 Operating Budget - September Review

MOVED by Deputy Mayor Chiavario,

THAT the recommendations of the Committee, as contained in Clauses 1-3 of this report, be approved.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Herbert,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Councillor Kennedy

MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Sullivan,

THAT Councillor Kennedy be granted Leave of Absence for the afternoon of Thursday, December 2, 1999.

- CARRIED UNANIMOUSLY

The Council adjourned at 1:31 p.m.

- - - - -

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON CITY SERVICES AND BUDGETS

DECEMBER 2, 1999

A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, December 2, 1999, at 9:30 a.m., in Committee Room Number 1, Third Floor, City Hall.

PRESENT:	Councillor Nancy A. Chiavario, Chair *Councillor Don Bellamy Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Mayor Philip Owen (Civic Business) Councillor Jennifer Clarke (Leave of Absence) Councillor George Puil (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COMMITTEE:	Laura Kazakoff

*Denotes presence for part of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on City Services and Budgets meetings of October 21 and November 4, 1999, were adopted.

RECOMMENDATION

1. Lower Mainland Treaty Advisory Committee

"First Principles" Paper File: 3139

At its meeting on November 2, 1999, City Council received a Report Reference on an Administrative Report, dated October 13, 1999, in which the City Clerk recommended Council endorse the continued elaboration of the Lower Mainland Treaty Advisory Committee's (LMTAC) "First Principles". Due to delegation requests, Council agreed consideration of the Report be referred to the December 2, 1999, City Services and Budgets Standing Committee meeting. In addition, Council agreed to refer consideration of a motion on Musqueam Leasehold and Bill-C49: First Nations Land Management Act to the December 2 meeting.

Accordingly, the Committee had before it the October 13, 1999, Administrative Report, and an extract from the minutes of the November 2, 1999, Council meeting.

David Didluck, LMTAC Executive Director, briefly reviewed the "First Principles" paper, followed by Paul Hancock, Manager of Corporate Information and Privacy, who provided an overview of the Administrative Report.

Cory Herrera, Negotiator, BC South Regional Team, Ministry of Aboriginal Affairs, and Sandra Kilmartin, Manager, Treaty Consultation for Lower Mainland, BC South Regional Team, provided an overview of the Provincial treaty negotiations and the public consultation process in regard to the negotiations. Ms. Herrera and Ms. Kilmartin responded to questions regarding public input, leasehold lands, land settlement decisions where there are overlapping boundaries, the role of the three negotiating bodies (Federal, Provincial and First Nations) and the role that municipalities can have in the negotiating process.

The following delegations expressed concerns with the treaty negotiations:

Kerry-Lynne Findlay, Q.C., Musqueam Park Leaseholders Association (brief filed)
Ross MacLachlan, Musqueam Park Leaseholders Association
John Whitefoot, Musqueam Park Leaseholders Association
Vicki Huntington, Vice-Chair, LMTAC
John Weston (brief filed)
Phil Eidsvik
Will Johnston
Eric Sykes

The following is a summary of comments provided by the foregoing speakers:

· since taxation authority has passed from the City to the Musqueam Band, taxes for Musqueam leaseholders have doubled and leaseholders have no representation with this taxation body; also, leaseholders pay full taxes to Band, who in turn receive a discount on their taxes from the City;
· draft of First Principles is commendable and several GVRD amendments are very good, but the Committee is urged to look at the issues carefully; principles are sound, but they are already being breached and do not reflect the reality of what is currently happening;
· Musqueam situation should serve as a warning as to what might occur as a result of future treaty negotiations;
· situations like the Musqueam leases must be dealt with as a priority and a prelude to successful treaty negotiations in Lower Mainland settlements;
· City should review tax discounts to Bands, and should have the authority to withhold services under certain situations;
· Federal Government clearly has fiduciary obligation to First Nations which supersedes fiduciary obligations to non-native Canadians, and this initiative has been adopted by the Province - the last bastion of defence therefore falls to municipal governments;
· we do not want a community where one citizen is more important than another and where government lacks the power to defend all of the citizens in its area;
· LMTAC acts as a protocol between the Province and the Union of BC Municipalities, providing a single voice for the region's 28 municipalities engaged in several active negotiating tables - these First Principles are a result of six years of learning;
· LMTAC requires support for the First Principles from all municipalities in order to be able to speak as a solid voice and with a clear mandate behind it; urge Council to review the principles, add to them, and take an active role;
· treaty negotiation process should be made more public and open; referenda should be held for endorsement of First Principles;
· suggest adding to principles that treaties need not be constitutionalized - i.e. there should be a way of fixing mistakes;
· conflict of interest in having Federal/Provincial/First Nations governments negotiate treaties - should be a separate, neutral department set up to conduct negotiations;
· concern expressed regarding Principle 29 - criteria for access to City services should never have anything to do with race;
· concern expressed regarding possible costs in land and money to city governments.

The Committee requested that all copies of briefs and documentation regarding the discussion be provided to LMTAC for their continued elaborations.

The following motion by Councillor Kennedy was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council endorse the continued elaboration of the "First Principles" by the Lower Mainland Treaty Advisory Committee (LMTAC).

B. THAT Council express concern regarding the Union of BC Municipalities Memorandum of Understanding and its working relationship and role regarding the Treaty Negotiation Advisory Committee and wishes LMTAC to continue with the necessary review and revisions of all relevant documents and processes.

C. THAT the City of Vancouver's Corporate Management Team be directed to meet and discuss the need to ensure matters related to aboriginal issues and treaty negotiations are being handled according to processes set up by UBCM and that Council be advised before taking action.

D. THAT Council advise LMTAC it supports the Greater Vancouver Regional District's comments on the "First Principles" document.

E. THAT the following motions approved by Vancouver City Council on March 9, 1999 be re-submitted to the new Federal Minister of Indian and Northern Affairs and the new Provincial Ministers of Aboriginal Affairs and Municipal Affairs:

Musqueam Leasehold

THAT Vancouver City Council urge the Federal Minister of Indian and Northern Affairs and the Provincial Ministers of Aboriginal Affairs and Municipal Affairs to:

a) provide a mediator to work with the residents of the Musqueam Leaseholders Association and the Musqueam Band for the purpose of resolving the Musqueam Leasehold issue;

b) develop a consultation process regarding future matters of mutual interest between Musqueam Leaseholders and the Musqueam Band; such consultation to include, where appropriate, consultation with the City of Vancouver (particularly in regard to Service Agreements and dispersion of taxes paid for services such as School taxes);

c) ensure that any agreements which currently exist between the Federal, Provincial and Municipal Governments not be included in a Final Treaty; and further, that negotiations of issues contained in existing agreements must be open and transparent, according to the British Columbia Treaty Commission's treaty process.

Bill C-49: First Nations Land Management Act

A. THAT Council request that the Federal Government and the Senate to delay enactment of Bill C-49, the First Nations Land Management Act (the "LMA") until such time as the following issues are addressed:

i) full public, local government and Provincial government consultation and input;

ii) establishment of consultation, negotiation, mediation, and dispute resolution mechanisms between First Nations, and local governments, Provincial governments, and the Federal Government;

iii) establishment of a model to clarify the level of First Nations governance in relation to existing governments;

iv) resolution of questions concerning the compatibility of land uses between local governments and First Nations and other issues of mutual concern;

v) clarification of the impact of the LMA on the British Columbia Treaty process to ensure that the Treaty process is not compromised by the LMA;

vi) resolution of the questions being raised regarding the rights of Aboriginal peoples on an off-reserve, status and non-status, and non-aboriginals on reserve.

B. THAT Council request the Union of British Columbia Municipalities (UBCM) and the Federation of Canadian Municipalities (FCM) to review and consult with local governments regarding the LMA, and take findings, concerns and recommendations to their respective conventions for approval by their memberships; and to advise the Federal Minister of Indian and Northern Affairs that enactment of the LMA should not proceed until the UBCM and FCM input is received.

C. THAT the Provincial Government be advised of Council's concern about the lack of involvement of the Provincial Government in the process resulting in the LMA; and ask that the Provincial Government now become involved by requesting that the Federal Government delay enactment of Bill C-49 until such time as these issues are addressed.

F. THAT Council expresses its thanks and appreciation to Councillor Chiavario for all her work on LMTAC over the past six years.

- CARRIED UNANIMOUSLY

(Councillor Bellamy absent for the vote)

2. Apartment Recycling Utility Fee and Revision to Solid Waste File: 3758

and Recycling By-law No. 7832

The Committee had before it an Administrative Report dated November 18, 1999, in which the General Manager of Engineering Services recommended the 2000 utility fee for the Apartment Recycling Program, the decommissioning of six mini-depot sites, and that necessary amendments to the Solid Waste and Recycling Bylaw be brought forward by the Director of Legal Services for Council approval.

Brian Davies, Assistant City Engineer, Solid Waste and Information Services, and Peter Navratil, Recycling Engineer, Solid Waste Management, reviewed the recommendations in the Administrative Report. In response to the Chair noting that the CUPE 1004 representative who had wished to speak on this item was no longer in attendance at the meeting, Mr. Davies reviewed what he felt may be the Union's concerns. Mr. Davies, Mr. Navratil and Kevin Van Vliet, Solid Waste Management Engineer, responded to questions regarding the Apartment Recycling Program.

The following motion by Councillor Kennedy was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT the 2000 Apartment Recycling Utility fee be set at $17.00 per dwelling unit per year for basic service and that a roll-out charge, as described in the Administrative Report dated November 18, 1999, be applied to any site requiring service in excess of 50 metres from the nearest point that the recycling vehicle can safely access and operate.

B. THAT the six mini recycling depots be decommissioned as of April 1, 2000.

C. THAT the Director of Legal Services be instructed to bring forward the necessary amendments to the Solid Waste and Recycling Bylaw No. 7832 for approval.

- CARRIED UNANIMOUSLY

(Councillor Bellamy absent for the vote.)

3. 1999 Operating Budget - September Review File: 1605

The Committee had before it an Administrative Report dated November 15, 1999, in which the General Manager of Corporate Services and the Director of Finance reviewed the status of the revenue and expenditure appropriations in the 1999 Operating Budget at September 30, 1999, and sought Council approval to make adjustments that reflect the revised expectations.

The following motion by Councillor Kennedy was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council approve the proposed adjustments to the 1999 Operating Budget revenue and expenditure appropriations as outlined in the Administrative Report dated November 15, 1999, and detailed in Appendix A of the same report.

B. THAT any shortfall in the 1999 Operating Budget at the end of the year, including any deficiencies in the Park Board revenue programs as contemplated in the Global Budgets arrangement, be funded from the Revenue Surplus.

- CARRIED UNANIMOUSLY

(Councillor Bellamy absent for the vote.)

The Committee adjourned at 1:29 p.m.

* * * * *

(c) 1998 City of Vancouver