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). -2- 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. -3- 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 - 2 - 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.