Regular Council Minutes

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

JULY 4, 2000

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, July 4, 2000, at 2:00 p.m. in the Council Chamber, Third Floor, City Hall.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan

ABSENT: Councillor Lynne Kennedy (Sick Leave)

CITY MANAGER'S
OFFICE: Judy Rogers, City Manager

CITY CLERK'S
OFFICE: Ulli S. Watkiss, City Clerk

Gail Johnson, Meeting Coordinator

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.

"IN CAMERA" MEETING

MOVED by Cllr. Louis,
SECONDED by Cllr. Clarke,

THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2 of the Vancouver Charter, to discuss matters related to paragraphs:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the city;

(f) law enforcement, if the Council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an Act, regulation or by-law.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF JUNE 20, 2000

· Prepayment of Residential Leaseholds - Southwest Shore of False Creek -Calculation Modifications
Council approved the prepayment amounts for strata lots in VR's 514, 551 and 552, and also approved refunding to the original payers the over payments made by the 35 strata lot tenants. Also, Council delegated to the Director of Finance the authority to set an interest rate for the payment of interest on the refunds.

· Chair and Vice-Chair: Family Court/Youth Justice Committee
Council approved the appointment of Sadie Kuehn, as Chair, and Angela Wynton as Vice-Chair of the Family Court/Youth Justice Committee for the 2000 term.

ADOPTION OF MINUTES

1. Regular Council (Transportation and Traffic) - June 13, 2000

MOVED by Cllr. Clarke,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

2. Special Council (Smoke-Free By-law Amendments) - June 14, 2000

MOVED by Cllr. Puil,
SECONDED by Cllr. Louis,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

3. Regular Council (City Services and Budgets) - June 15, 2000

MOVED by Cllr. Puil,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

4. Regular Council (Planning and Environment) - June 15, 2000

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

5. Business License Hearing - June 20, 2000

MOVED by Cllr. Puil,
SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

6. Regular Council - June 20, 2000

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

7. Special Council (Court of Revision) - June 20, 2000

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

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

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

COMMUNICATIONS

1. Arts & Cultural Services - Draft UBCM Resolution File: 3252

Council approved the following resolution for consideration at the UBCM Convention in October, 2000:

MOVED by Cllr. Clarke,

WHEREAS it has been clearly demonstrated that the Arts and Culture contribute in a positive way to the health and livability of communities and British Columbia in general;

AND WHEREAS the Arts and Cultural Sector employs more than 116,000 BC residents and contributes over five billion dollars per year to the Provincial economy;

AND WHEREAS Arts and Cultural activity provide a positive means by whichcitizens of different cultural backgrounds can experience and develop an appreciation for the cultural traditions of an increasingly diverse provincial population;

AND WHEREAS it is acknowledged that public investment in Arts and Cultural activity promotes economic growth, community cohesiveness, urban renewal and individual development and well being;

AND WHEREAS the level of Provincial Government financial support for Arts and Cultural activity in British Columbia is well below the average support provided by the other Provinces in Canada;

NOW THEREFORE BE IT RESOLVED THAT the Union of British Columbia Municipalities encourage the Government of the Province of British Columbia to:

(a) increase the level of provincial investment in Arts and Cultural activity and infrastructure to, at minimum, the level of the average of the other Provinces,

(b) work in partnership with BC municipalities to ensure that provincial investments in arts and culture support and complement local government arts and cultural initiatives, and

(c) establish a provincial-local government task force of elected officials to develop a strategic approach to improving the federal level of investment in the arts and cultural sector in British Columbia.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Louis,

THAT Vancouver City Council encourage the Government of Canada to increase the level of federal investment in Arts and Cultural activity and infrastructure to, at minimum, the federal level of the average of the other Provinces, and that all British Columbia M.P.'s be advised of Council's action.

- CARRIED

(Councillor Sullivan opposed)

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Addition of The Mel Jr. & Marty Zajac Foundation to the List of Approved Sponsor Groups

June 14, 2000 File: 4664/RTS: 1516

MOVED by Cllr. Louis,

THAT The Mel Jr. & Marty Zajac Foundation be added to the list of approved sponsor groups for non-market housing.

- CARRIED UNANIMOUSLY

During discussion, it was noted that Mrs. Zajac had suddenly passed away on July 2, 2000. The Mayor and members of Council agreed to send a letter of condolence to Mel Zajac and his family, expressing sympathy for their tragic losses.

2. Award of Tender No. PS99055: Supply and Delivery of

Rear Loader Packer Bodies
June 16, 2000 File: 1805/RTS: 1563

MOVED by Cllr. Don Lee,

THAT Council accept Bid No. 1, the low bid from Trican Machinery Ltd. for seventeen Chagnon model CRE25 rear loader packer bodies at a total cost of $727,821, plus the PST, the 7% GST (less any municipal rebate received) and the Provincial Environmental Levy, subject to a contract satisfactory to the Director of Legal Services.

- CARRIED UNANIMOUSLY

3. 1353 Chess Street - Contract Award for Detailed Programming and Conceptual Design of Works Yard

June 19, 2000 File: 1805/RTS: 1500

MOVED by Cllr. Bass,

A. THAT Council authorize the General Manager of Engineering Services to enter into a contract with Reid Crowther and Partners Ltd. to develop the Detailed Functional Program for the new Works Yard at a cost not to exceed $95,000 plus GST with funding to be provided from Yards Basic Capital Unappropriated Account Number 30002696, and THAT the General Manager of Engineering Services be authorized to establish a guaranteed maximum price with Reid Crowther and Partners Ltd.

B. THAT the General Manager of Engineering Services be authorized to enter into a contractual agreement in a form satisfactory to the Director of Legal Services. No legal rights are hereby created and none shall arise until execution of an agreement drawn to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.

- CARRIED UNANIMOUSLY

4. 3015 East 51st Avenue - Proposed Closure of a Portion of the lane North of East 51st Avenue, East of Lancaster Street

June 15, 2000 File: 5753/RTS: 1554

MOVED by Cllr. Puil,

THAT Council close, stop-up and convey, to the abutting owner, that portion of the lane north of East 51st Avenue, east of Lancaster Street, shown hatched on the plan attached as Appendix "A" to the Administrative Report dated June 15, 2000, subject to the following conditions:

1. The portion of lane to be closed to be consolidated with the abutting Lot 2, Block 3, South East 1/4 of District Lot 337, Plan 9069, to the satisfaction of the Director of Legal Services.

2. The abutting owner to pay $12,000, plus G.S.T. if applicable, as the value for the 336 square foot portion of lane to be closed in accordance with the recommendation of the Manager of Real Estate Services.

3. The abutting owner to be responsible for any necessary plans and documents.

4. Any agreements are to be to the satisfaction of the Director of Legal Services.

5. No Legal right or obligation shall be created and none shall arise hereafter until the documents are executed.

- CARRIED UNANIMOUSLY

5. Award of Contract for Consulting Engineering Services

June 8, 2000 File: 1805/RTS: 1430

MOVED by Cllr. Clarke,

A. THAT Hamilton Associates be awarded the contract to conduct the Vancouver Transit Priority Study at a cost of $100,000 (City share $25,000) excluding GST, subject to the approval of a contract to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services.

B. THAT no legal rights shall arise and no consents, permissions or licences are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed by the Director of Legal Services.

C. THAT funding for City costs of an expanded public consultation process up to a maximum of $9,000, be provided from Streets Basic capital Unappropriated Account No. 30000169 - Bus Bulges.

- CARRIED UNANIMOUSLY

6. Delegation of Approving Authority for Strata Title Conversions

June 13, 2000 File: 5311/RTS: 1537

MOVED by Cllr. Louis,

THAT pursuant to Section 242(10) of the new Strata Property Act, which becomes effective July 1, 2000, Council delegate to the Approving Officer or Deputy Approving Officer, from and after July 1, 2000, the exercise of the powers and performance of the duties of the approving authority under Section 242 of the Strata Property Act with respect to the following types of strata title conversion applications:

(i) previously occupied residential buildings containing less than six dwelling units; and

(ii) all previously occupied commercial, retail, office, industrial, institutional, recreational or mixed-use buildings which have never contained residential accommodation;

FURTHER THAT the Strata Title and Cooperative Conversion Guidelines be amended, as described in Appendix A to the Administrative Report dated June 13, 2000, to reflect this resolution and the new Strata Property Act (and Regulation), and that these amendments come into effect on July 1, 2000.

- CARRIED UNANIMOUSLY

7. 350 East Pender Street - Lease of Dunlevy Avenue between Pender Street and Keefer Street to Mau Dan Gardens Cooperative Housing Association

June 16, 2000 File: 5104/RTS: 1539

MOVED by Cllr. Don Lee,

THAT the lease be renewed for a 5-year term from July 1, 2000, subject to the terms and conditions acceptable to the Director of Real Estate Services and the Director of Legal Services, it being noted that no legal rights or obligations shall arise until execution of the lease. The rent to be $4,000.00 per annum.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

8. QET Parkade Repairs File: 4253/RTS: 1553

June 9, 2000

MOVED by Cllr. Puil,

A. THAT Council approve major structural repairs to the QET Parkade at an estimated cost of $650,000, including consultant fees and testing, source of funds to be:

i) $350,000 from the 2000 Basic Capital allocation; "QET - Security and Safety."

ii) $300,000 in the form of a loan from the PEF to be repaid from Civic Theatres Capital Reserve revenue.

B. THAT Read Jones Christofferson Ltd. (RJC) be retained as structural engineering consultants for the project at an estimated cost of $42,500.

- CARRIED

(Councillors Bass and Louis opposed)

CITY MANAGER'S POLICY REPORTS

1. Establishment of Lower Application Fees for Two Specified Categories of Small Development Projects File: 1755/RTS: 1558

June 9, 2000

MOVED by Cllr. Clarke,

THAT the Zoning and Development Fee By-Law No. 5585 be amended to revise the Schedule 1 Fees for Development Permits generally in accordance with Appendix A of the Policy Report dated June 9, 2000 to establish new, lower application fees for specified categories of small development projects;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for enactment.

- CARRIED UNANIMOUSLY

2. Text Amendment to BCPED (BC Place/Expo District) File: 5302/RTS: 1496

June 8, 2000

MOVED by Cllr. Puil,

THAT the application by the Director of Current Planning to amend the text of BCPED (B.C. Place/Expo District), be referred to Public Hearing, together with:

(i) draft by-law amendments, generally as contained in Appendix A to the Policy Report dated June 8, 2000; and
(iii) the recommendation of the Director of Current Planning to approve, subject to the condition outlined in Appendix B to the Policy Report dated June 8, 2000.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-law for consideration at Public Hearing.

- CARRIED UNANIMOUSLY

3. C-2 Zoning Review File: 5302/RTS: 1414

June 22, 2000

MOVED by Cllr. Puil,

A. THAT Council reconfirm undertaking the C-2 Review Part 1: Form of Development, as outlined in the Work Program in Appendix A to the Policy Report dated June 22, 2000.

B. THAT Council authorize funding of $150,000 as outlined in Appendix B to the Policy Report dated June 22, 2000, for Consultant services and expenses associated with the program; source of funds to be the 2000 General Contingency Reserve for $58,000, and the remaining $92,000 to be provided in the 2001 Operating Budget.

C. THAT Council approve the Consultant Terms of Reference outlined in Appendix C to the Policy Report dated June 22, 2000.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,
SECONDED by Cllr. Louis,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend By-law No. 6059, being the Parking By-law (Waiver and Payment-in-Lieu: 1220 and 1226 Homer Street) By-law No. 8214
MOVED by Cllr. Clarke,
SECONDED by Cllr. Don Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

2. A By-law to levy rates on qualifying real property located in the South Granville Business Improvement Area (2000 Rate Levying By-law)

Bylaw No. 8215

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

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

3. A By-law to levy rates on qualifying real property located in the Davie Village Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8216
MOVED by Cllr. Bass,
SECONDED by Cllr. Daniel Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

4. A By-law to levy rates on qualifying real property located in the Mount Pleasant Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8217
MOVED by Cllr. Bass,
SECONDED by Cllr. Daniel Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

5. A By-law to levy rates on qualifying real property located in the Yaletown Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8218
MOVED by Cllr. Bass,
SECONDED by Cllr. Daniel Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

6. A By-law to levy rates on qualifying real property located in the Kerrisdale Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8219
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Price,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

7. A By-law to levy rates on qualifying real property located in the Commercial Drive Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8220
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Price,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

8. A By-law to levy rates on qualifying real property located in the Marpole Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8221

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

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

9. A By-law to levy rates on qualifying real property located in the Robson Street Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8222

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

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

10. A By-law to levy rates on qualifying real property located in the Strathcona Business Improvement Area (2000 Rate Levying By-law) Bylaw No. 8223
MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

11. A By-law to levy rates on qualifying real property located in the Downtown Vancouver Business Improvement Area (2000 Rate Levying By-law)

Bylaw No. 8224

MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Resolutions

There were no resolutions to consider.

B. Motions on Notice

1. Employment Insurance File: 111

MOVED by Cllr. Louis,
SECONDED by Cllr. Bass,

WHEREAS, the 2000 Federal Budget did little to right the draconian measures in the new Employment Insurance (EI) Act;

AND WHEREAS, the current Act has lead to:
1. Less than 36 percent of claimants qualifying for benefits;
2. A reduction in benefits for those who do not qualify;
3. The institution of severe penalties for incorrectly filing complicated claim forms;
4. The Federal Government withdrawing its one third share of funding the Fund;

AND WHEREAS, these changes have resulted in an accumulation of a $27 billion surplus over the past four years;

AND WHEREAS, the said surplus is now being used to finance other government initiatives;

AND WHEREAS, according to Stats-Canada the estimated loss in benefits since 1989 for Vancouver amounts to $112.6 million;

AND WHEREAS, Employment Insurance is financed by employee/employerpremiums for the explicit purpose of providing wage replacement "insurance" for unemployed Canadians;

THEREFORE, BE IT RESOLVED THAT Vancouver City Council demands that the Federal Government:
1. Implement changes to the EI Act that would allow for at least 70 percent of unemployed Canadians to be eligible for benefits;
2. That the minimum benefits paid be no less than 60 percent of earnings, with no clawbacks or penalties for repeated layoffs;
3. That the Federal Government institute an "arms length" commission to administer the EI Fund;
4. That the Fund be used for the explicit purpose of supporting unemployed workers.

- postponed

MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,

THAT consideration of the foregoing motion on Employment Insurance be postponed to the next Regular Council meeting, to allow more time for further information to be sought with respect to points 1 and 2 of the resolution.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Regional Drug Strategy File: 4113

Councillor McCormick provided a brief account of information presented at the Lower Mainland Municipal Association Board meeting on the Regional Drug Strategy and the willingness of Lower Mainland municipalities to be involved. The Councillor indicated she would provide further reports to Council as the Strategy approach unfolds.

2. Vancouver Maritime Museum File: 4002

Councillor McCormick reported she was present at the St. Roch II's departure on July 1, 2000 from Canada Place on a five month excursion through the Northwest Passage, recreating the original voyage of the St. Roch. During the excursion, exploration will take place in the area of Cambridge Bay for the shipwreck of Sir John Franklin's ship, which waslost in the 1830's. If successful, the discovery will provide financing for the endowment of the Maritime Museum.

3. Leave of Absence File: 1254

MOVED by Cllr. McCormick,
SECONDED by Cllr. Price,

THAT Councillor Daniel Lee be granted a Leave of Absence for July 13, 2000.

- CARRIED UNANIMOUSLY

The Council recessed at 3:30 p.m. and reconvened
"In Camera" in the Mayor's Office.

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