SUPPORTS ITEM NO. 1
                                                CS&B AGENDA
                                                NOVEMBER 28, 1996   


                                   ADMINISTRATIVE REPORT


                                           Date: October 28, 1996


   TO:       Vancouver City Council

   FROM:     City Manager

   SUBJECT:  Status of Proposed Charter Amendments


   RECOMMENDATION

        A.   THAT the City Manager and the Director of Legal Services be
             instructed to request and pursue passage of the Charter
             amendments attached hereto as Appendices "A" and "B".

        B.   THAT the Mayor be requested to continue communication with 
             the Minister of Municipal Affairs and Housing, stressing the
             importance of the Charter amendments requested and outstanding
             at this time, and asking that the Minister support the
             advancement of these critical amendments to the Provincial
             Legislature for enactment during the Spring 1997 legislative
             session.


   COUNCIL POLICY

   There is no specific policy relating to the foregoing recommendations,
   although Council has considered the subject matter of many of the
   suggested amendments.


   PURPOSE

   The purpose of this report is to advise Council of the status of the
   City's outstanding requests for amendments to the Charter, and to
   recommend that such amendments be pursued at the staff level, and
   through continued communication between the Mayor and the Minister of
   Municipal Affairs and Housing.

   BACKGROUND

   On September 12, 1995, Council approved the submission to the Ministry
   of Municipal Affairs, for advancement to the 1996 legislative session,
   of a number of amendments to the Vancouver Charter (see Appendix "A",
   attached).
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   With the exception of the amendment to the Development Cost Levy
   sections of the Charter (referred to in paragraph 2 of Appendix "A"),
   the amendments sought by the City were all deferred by Ministry staff
   for further review.  The City was advised that the opportunities for the
   Ministry of Municipal Affairs and other ministries to pursue any
   legislative amendments for 1996 would be very limited, as legislative
   priorities had already been set.

   DISCUSSION

   In early August 1996, the Mayor wrote on behalf of Council to the
   Minister of Municipal Affairs and Housing, expressing concern at the
   delays in putting forward Charter amendments, particularly those needed
   to establish the Sewer and Solid Waste Utilities.

   Toward the end of August 1996, Ministry staff contacted the City to
   advise that there would be no formal call for proposed amendments this
   year, because the legislative agenda was expected to be kept very short. 
   It was not anticipated that many outstanding or newly requested
   amendments would be put forward.

   The Ministry, nonetheless, confirmed with City staff that the previously
   requested amendments were still wanted.  As far as we have been able to
   determine, priority will continue to be given to the provisions relating
   to the sewer and scavenging utilities, and to amendments to Section
   310(e) of the Charter, to facilitate the City entering into emergency
   dispatch agreements with Regional Districts.  City staff has also
   requested priority for the provisions needed to allow police or other
   designated persons to enter buildings where fire or safety hazards
   exist, or where alarms are causing public disturbance.

   The most recent communication from the Ministry staff indicates that the
   Ministry has included in its legislative proposals for 1997 the sewer
   and scavenging provisions and the amendments to Section 310(e).
   Nonetheless, it has been emphasized that the Spring 1997 legislative
   session will have a "minimal and focused" legislative agenda, and that
   there are no guarantees that the requested amendments will be included
   on it.  However, the Province s legislative agenda is not yet set, and
   it is not clear at this time when decisions as to the scope of the
   legislative agenda will be determined.  We are advised that no final
   decision has as yet been made.

   The Minister's October 2, 1996 letter to the Mayor and Council confirmed
   that Ministry staff will continue to work with the City to further
   review and develop a rationale for needed amendments, and that our
   concerns with delays in putting forward amendments have been noted.


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   CONCLUSIONS

   The recommendations enable the City Manager to expedite the obtaining of
   important Charter amendments, to the extent possible and emphasize that
   it is critical that these amendments be brought forward for passage in a
   timely manner.

                                     * * *

                                                               APPENDIX "A"


   Amendments sought by the City in 1995, in order of its corporate
   priorities

   1.   Amendments to the Sewers and Scavenging provisions of the Charter
        which would enable these services to be charged out as a utility
        based on use.  It is proposed that the Capital Cost of the
        utilities be included in the fee for service, and this will require
        a minor amendment to the borrowing and debenture sections of the
        Charter, providing that the cost of borrowing for these utilities
        would be paid for out of the fee for service, rather than out of
        the general levy.  What is contemplated is that we would provide
        these services on a basis similar to the basis on which water is
        presently provided.  A related amendment would be made to the water
        utilities section to make all utility powers consistent.

   2.   An amendment to the Development Cost Levy sections of the Vancouver
        Charter to provide that the City may include, within the cost of a
        capital Project, the value of any land the City contributes to the
        project.  This amendment was requested in 1995.   The request
        arises out of our proposal to implement the "Arbutus Neighbourhood
        Plan".  The plan contemplates a park.  The preferred location for
        the park is a City owned piece of land presently used as a works
        yard.  What would be desired would be to devote the land to the
        project, recover its value through DCL's, and use it to purchase
        other land.  We anticipate there will, in the future, be other
        capital projects which could be maximized by a contribution of City
        land.  (As noted, this amendment was obtained in 1995.)

   3.   An amendment to the Planning and Zoning provisions in the Charter
        (566(5)) which would permit Council, after a public hearing, to
        enact a Zoning By-law which would not come into force or take
        effect until a date upon which the City Clerk filed with Council a
        certificate, certifying that the conditions Council imposed, to be
        fulfilled prior to the creation of the development rights, had been
        fulfilled.  The basis of the request is the length of time and the
        costs incurred by a developer of a "mega project", between the date
        of the public hearing and the date of enactment.  A developer is
        subject to potentially heavy losses should an election intervene
        and the by-law not be enacted on the conditions approved at the
        public hearing.  On the other side of the coin, the drain on City
        manpower attempting to complete negotiations and documentation
        necessitated by the conditions is such that there comes a point at
        which a moratorium has to be put on applications for major
        rezonings.  Perhaps an existing example will illustrate the
        problem.  Prior to the 1996 election an attempt will be made to
        enact five major rezonings as part of the "Coal Harbour" and
        "Concord" mega projects.  In  order to  do this,  hundreds of
        agreements will
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        have to be negotiated and drafted and the developers will have to
        expend large sums of money.  The resulting workload exhausts the
        capacity of the City to deal with these types of rezonings until
        November 1996.  Should there be a significant change on Council
        there is the potential for work having been done for nothing and
        expenses incurred lost.  (This is a new proposal, to improve
        processing major rezoning applications.)

   4.   An amendment to section 206C to make the qualifying period of
        service for a pension by members of Council compatible with the
        vesting period prescribed in the Pensions (Municipal) Act.  (This
        is to implement Compensation Task Force recommendation.)

   5.   An amendment to provide that Council may by by-law designate an
        employee or employees or police officers and bestow upon them the
        power to order premises immediately vacated where there is a danger
        to the life or safety of any persons.  (To enable effective action
        against illegal and unsafe gatherings i.e., rave parties.)

   6.   An amendment to consolidate the several powers contained in the
        Vancouver Charter giving various City officials a power to enter
        premises, and to extend this power to clarify that it applies to
        entry to provide emergency services and to turn off security or
        other alarms that have sounded to the disturbance of a
        neighbourhood for more than a designated time.  (This will permit a
        more effective response to safety and quality of neighbourhood
        issues.)

   7.   An amendment to provide that Council may by by-law designate an
        employee or employees and bestow upon them the power to board up
        premises where entry was obtained by forced entry in an emergency;
        or where the premises have been left vacant and are being occupied
        or are easily capable of being occupied without permission of the
        owner.  The amendments to provide that the City can recover the
        costs of boarding up from the occupant.  (This will permit an
        immediate response to premises left vulnerable by fire, break-in
        and secure unacceptable vacant/abandoned buildings.)

   8.   Amendments to section 401 and 401A and possibly 373 to provide that
        the rating by-law can be applied to authenticated roll as altered
        by supplementary rolls received prior to a designated date
        (probably May 1).  This would eliminate the need to prepare
        separate notices for those properties included within the
        supplementary rolls.

        (To provide administrative efficiencies.)

                                                               APPENDIX "B"



   Amendments sought by the City in late 1995 and in 1996

   1.   Amendments to Section 310(e) of the Charter, permitting the City to
        enter into Emergency Dispatch agreements with Regional Districts.

   2.   An amendment to Section 273 of the Charter, to provide that
        licenses terminate on the anniversary date of their issuance
        (rather than December 31).

        This amendment would smooth out the workload in the Permits and
        Licenses Department, reduce the time required to issue licenses and
        facilitate the monitoring of licenses in use.

   3.   An amendment to Section 324 of the Charter to permit City pound
        staff to seize, impound and detain unlicensed dogs on private
        property.

        This amendment is required because a number of persons deliberately
        ignore the by-law, knowing that the inability of City staff to
        enter on property and determine ownership makes enforcement
        difficult.