Proposed Amendments to Vancouver Charter

ADMINISTRATIVE REPORT
Date: October 17, 1997
CCFile No. 114
TO:Vancouver City Council
FROM:Director of Legal Services
SUBJECT:Proposed Amendments to Vancouver Charter
RECOMMENDATION
That the requests for amendment to the Vancouver Charter numbered 1 through 7 in Appendix A to this Report be reconfirmed and the requests numbered 8 through 18 in Appendix B to this Report be approved and the City Manager and Director of Legal Services be instructed to pursue implementation of these requests.
CITY MANAGER’S COMMENTS
The City Manager RECOMMENDS approval of the above.
COUNCIL POLICY
There is no specific policy relating to the recommendation, although Council has previously considered and approved some of the proposed amendments.
PURPOSE
The purpose of this Report is to advise Council of the status of various requests for amendment to the Vancouver Charter and to receive Council’s endorsement of these requests, so that the City Manager and the Director of Legal Services can pursue the matter further with the Ministry of Municipal Affairs and Housing.
BACKGROUND
Each year the Province invites the City, through its Director of Legal Services, to propose amendments to the Vancouver Charter. The Director of Legal Services collects such proposals which have been considered by Council and canvasses the departments of the City to ascertain if there are other requests. Since the invitation from the Province occurs in August of each year, some preliminary discussions with the Ministry of Municipal Affairsmust take place in the month when Council does not meet, but Council approval is required for all proposals so that they can be officially considered by the Province.
DISCUSSION
Staff at the Ministry of Municipal Affairs received the preliminary list from the Director of Legal Services in early August of this year. Provincial staff have now completed their first-step analysis and have provided us with their preliminary comments. They have forwarded their list of "likely candidates for 1998" to the government review committee. As was the case last year, the Ministry stresses that the "likely candidates" represent only the Ministry’s "wish list" and do not in any way guarantee that they will become government proposals. We have been advised that several of the items require considerably more analysis before they can be seriously advanced and others may be abandoned before the final list is prepared.
The list of "likely candidates for 1998" includes only the following items from Appendices A and B to this Report:
a)item number 1 (permitting business licenses to terminate on dates other than December 31);
b)item number 3 (the power to board up vacant premises);
c)item number 7 (allowing rezoning by-laws to come into effect at a designated date, i.e. on fulfilment of conditions);
d)item number 8 (authorizing the recovery from property owners of the costs of "hazardous materials incidents"); and
e)item number 9 (authorizing individuals other than police to direct traffic at emergencies).
Of these, Council has previously considered items 1, 3 and 7. Items 8 and 9 have been proposed by the Fire Department.
CONCLUSION
The proposals set out in Appendix A to this Report, which formed a part of previous requests to the Province, can now be reconfirmed by Council.
The requests set out in Appendix B to this Report have been received since the last amendment to the Vancouver Charter. Should Council agree with the nature of the requests, they can now be approved to form a part of the City’s official request to the Province.
APPENDICES
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APPENDIX A
Amendment requests previously considered by Council
1.An amendment to Section 273 of the Vancouver Charter, to provide that business licenses can commence and terminate some date other than December 31, as currently mandated, with such dates to vary from license to license.
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.
This recommendation was approved by Council on November 28, 1996 as part of an application to the Province.
Preliminary Ministry Response: This request requires some fine-tuning but could be a candidate for the 1998 amendments.
2.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.
This recommendation was approved by Council on September 12, 1995 and on November 28, 1996 as part of applications to the Province.
Preliminary Ministry Response: The Ministry requires much more information and policy analysis by the City before they can advance this request
3.An amendment to the Vancouver Charter 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.
This recommendation was approved by Council on September 12, 1995 and on November 28, 1996 as part of applications to the Province.
Preliminary Ministry Response: This request could be a candidate for the 1998 amendments.
4.An amendment to Section 206C of the Vancouver Charter 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 a Compensation Task Force recommendation.
This recommendation was approved by Council on September 12, 1995 and on November 28, 1996 as part of applications to the Province.
Preliminary Ministry Response: The Ministry has suggested that the Pensions (Municipal) Act does not afford a reasonable comparison since that legislation deals only with employees and is not intended to cover elected officials.
5.Amendments to Sections 401 and 401A and possibly 373 of the Vancouver Charter 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 amendment would provide administrative efficiencies by eliminating the need to prepare separate notices for those properties included within the supplementary rolls.
This recommendation was approved by Council on September 12, 1995 and on November 28, 1996 as part of applications to the Province.
Preliminary Ministry Response: Although this item is not on the list of proposals being actively considered for the 1998 amendments, the Province would be prepared to add it upon receipt of more information explaining and justifying the request.
6.An amendment to Section 324 of the Vancouver 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.
This recommendation was approved by Council on November 28, 1996 as part of an application to the Province.
Preliminary Ministry Response: The Ministry advises that because private property rights are involved, more study and analysis is required before this proposal can be advanced.
7.An amendment to the Planning and Zoning provisions in the Vancouver Charter [Section 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.

Requester: General Manager, Community Services
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.
This recommendation was approved by Council on November 28, 1996 as part of an application to the Province.
Preliminary Ministry Response: Although this request requires more analysis, it could be a candidate for the 1998 amendments.
APPENDIX B
Amendment requests received from City Departments
since the last Council consideration
8.An amendment to the Vancouver Charter to authorize the recovery (via insertion in the tax roll), from property owners of the costs resulting from a hazardous materials incident.
Requester: General Manager, Fire and Rescue Services
This is directed at recovery of the costs of lost equipment and containment of the hazard.
Preliminary Ministry Response: This request could be a candidate for the 1998 amendments but requires some further analysis, particularly as to how a property owner could dispute the amount of the costs assessed.
9.An amendment to the Vancouver Charter to permit the City to designate persons other than police officers to direct traffic at the site of emergencies.
Requester: General Manager, Fire and Rescue Services
There are a number of incident types other than fires, where it may be necessary for the Fire Department to redirect traffic until police officers arrive (for example, hazardous material spills). The authority for such action needs to be clear.
Preliminary Ministry Response: This request could be a candidate for the 1998 amendments.
10.An amendment to the Vancouver Charter to authorize the City to regulate the burning of any materials.
Requester: General Manager, Fire and Rescue Services
The Fire Department is regularly requested to approve special effects which involve burning - in studios, buildings used for filming, at indoor concerts and at conventions. It is desirable that the Fire Department have specific authority in this regard.
Preliminary Ministry Response: The Ministry has suggested that this proposal requires further analysis and should be discussed with the Office of the Fire Commissioner (Provincial).

11.Amendment to the Vancouver Charter to clarify and better define the responsibilities of the Fire Department.
Requester: General Manager, Fire and Rescue Services
With the role of the Fire Department changing, to include hazardous materials responses, various types of rescue programs and involvement in emergency medical service responses, the Department believes it would be appropriate to define more clearly its authorities and responsibilities (along the line of provisions contained in the Municipal Act).
Preliminary Ministry Response: The Ministry has advised that this proposal is far too open-ended and requires much more analysis.
12.An amendment to Part XXIV-A of the Vancouver Charter to allow Council to exempt from the requirement of a Development Cost Levy a permit for the construction of a building used to promote the marketing of a development, provided that it is situated on a site for no more than 2 years.
Requester: General Manager, Community Services
Preliminary Ministry Response: The Ministry believes that provisions dealing with the exemption of properties from the imposition of Development Cost Levies pose a broader question than that appearing in this amendment request, and such consideration should await, at least, the conclusion of the case currently before the court.
13.An amendment to the Vancouver Charter to enable the City to charge abutting property owners for the costs of cleaning up a lane.
Requester: General Manager, Engineering Services
Some businesses are not using dumpsters to store their garbage in back lanes, but rather simply dump the garbage in back lanes and allow it to accumulate there. City street crews must remove the garbage, incurring costs. An amendment to the Vancouver Charter to allow this service to be added to the tax roll, in the event of non-payment by abutting owners, may deter the practise of dumping, and would effect some cost saving.
Preliminary Ministry Response: The Ministry has indicated that this proposal requires much more analysis and raises a number of issues which require resolution, including how to define the activity and how to identify the persons actually responsible for the dumping.
14.An amendment to the Vancouver Charter to enable the City to impose fees for an amendment to a Zoning By-law which vary depending on the cost of processing the application and other bases.
Requester: General Manager, Community Services
Preliminary Ministry Response: The Ministry has advised that this proposal raises certain general policy issues applicable to all local governments and is likely to be considered as part of the multi-year Municipal Act renewal process.
15.An amendment the Vancouver Charter to enable the City to apply standards of maintenance to an owner-occupied suite.
Requester: General Manager, Community Services
Section 323(u) of the Vancouver Charter refers to standard of maintenance work and cost recovery, if the City has had to carry out the work, "where the premises are not occupied by the owner thereof". This amendment request seeks to extend the City’s authority to owner-occupied suites. Badly maintained owner-occupied suites can adversely impact adjoining rental units - with fire and health hazards and general safety concerns.
Preliminary Ministry Response: The Ministry has advised that this proposal raises certain general policy issues applicable to all local governments but could be explored further with the Housing Policy Section of the Ministry.
16.An amendment to the Vancouver Charter to expand the scope of possible investments to mirror those contained in the Financial Administration Act.
Requester: General Manager, Financial Services
Preliminary Ministry Response: The Ministry has advised that this proposal raises certain general policy issues applicable to all local governments and is likely to be considered as part of the multi-year Municipal Act renewal process.
17.An amendment to the Vancouver Charter to delete the references to specific positions in the grants of power (for example, City Engineer, Director of Planning, Chief License Inspector and City Building Inspector) and replace them with a more generic designation authority eg. anyone appointed by Council.
Requester: General Manager, Community Services
It is felt that a more "generic" delegation (for example, "Council may delegate to an appointed official...") would facilitate the redivision of functions as a result of Better City Government re-engineering
Preliminary Ministry Response: The Ministry indicates that this issue is likely to be considered as part of the Municipal Act renewal process.
18.An amendment to the Vancouver Charter to enable the City to regulate the hours that a business may stay open depending on what area of the City the business is located in and to impose other conditions on a business license depending on what area of the City the business is located in.
Requester: General Manager, Community Services
Preliminary Ministry Response: The Ministry advises that this proposal raises a number of issues to be addressed in the Municipal Act renewal review of service and regulatory powers of municipalities.
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