ADMINISTRATIVE REPORT Date: September 6, 1995 Dept. File No. TRB TO: Vancouver City Council FROM: Corporation Counsel SUBJECT: Proposed Charter Amendments RECOMMENDATION THAT the City Manager and Corporation Counsel be instructed to request and pursue passage of the Charter amendments attached hereto as Appendix "A". CITY MANAGER'S COMMENTS The City Manager RECOMMENDS approval. COUNCIL POLICY There is no specific policy relating to the recommendation, although Council has considered the subject matter of some of the suggested amendments. BACKGROUND In late July the Ministry of Municipal Affairs advised that the legislative schedule they had been provided with required that we provide them with a general description of the amendments we would be requesting by August 15, 1995. City departments were advised of this and requested to provide the Corporation Counsel with any suggested amendments. These suggested amendments were communicated to Victoria with the advice that there had not been time to review them carefully or to attach definitive priorities to them, and that we would give them a revised list indicating priorities. Ministry staff are required to submit any amendments to legislation they are requesting by September 8th. With that in mind, the City Manager convened a meeting of representatives of interested departments on September 5th. - 2 - At that meeting it was agreed we would recommend that Council submit a request for Charter amendments as described in Schedule "A", under the categories which they appear in that Schedule and having the priorities assigned to them therein. As will be apparent from Appendix "A", the tight time line imposed on us results in this report not containing the language of the actual amendments. Indeed some have not advanced beyond the conceptual stage. Council will be kept informed as to the actual language of the amendments as it is drafted by legislative counsel and reviewed by City staff. * * * * * APPENDIX "A" Amendments Sought By The City 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. (Reports in Council's package refers to this issue.) 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 requested 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 - 2 - to enact five major rezonings as part of the "Coal Harbour" and "Concord" mega projects. In order to do this, hundreds of agreements will 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 zonings 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 officer 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.) - 3 - Amendments to Legislation Considered Important But Which Might Be Better Made To Other Provincial Legislation 1. An amendment to Part IX of the Charter [Buildings] which would authorize the City to enact provisions requiring that the structural elements of the design drawings prepared by the design engineer be reviewed by a qualified structural engineer. We have discussed this with the engineering profession and we understand they may prefer amending their Act to address the issue. We see the merit of doing it under their Act, but feel it important that the issue be addressed by the Provincial Government (we would pursue this only if there was no likelihood that the system would be created under an Act of broader application). 2. An amendment to the Vancouver Charter to provide that Council could by by-law require that various of the construction trades be qualified in a manner prescribed in the by-law. As with the previous suggested amendment we believe this matter is best addressed in more general provincial legislation. The issue is becoming increasingly important and we are putting this forward only as an alternative if general legislation of the Province has not been put forward.