CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

October 3, 2000

 

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 3, 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 Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price
ABSENT:	Councillor George Puil (leave for civic business) Councillor Sam Sullivan (leave of absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Ulli Watkiss, City Clerk Jan Gibson, Director of Meeting and Election Services

 

PRAYER

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

 

ATTENDANCE

MOVED by Cllr. Kennedy

SECONDED by Cllr. Clarke

THAT Councilor Puil be granted leave of absence for civic business for the week of October 2, 2000.

-CARRIED UNANIMOUSLY

 

PRESENTATIONS

C Council agreed to postpone Councillor Kennedy's presentation on the City of Liverpool's Drug Treatment facilities to a future meeting.

 

"IN CAMERA" MEETING

MOVED by Cllr. Clarke

SECONDED by Cllr. McCormick

THAT Council 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:

(j) information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.

- CARRIED UNANIMOUSLY

 

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF September 26, 2000

1. Appointment: General Manager, Community Services

At its in camera meeting held on September 26, 2000, Council appointed Jacquie Forbes-Roberts as General Manager of Community services with whole-hearted enthusiasm.

 

ADOPTION OF MINUTES

1. Regular Council - September 26, 2000

MOVED by Cllr. Louis
SECONDED by Cllr. McCormick

THAT the Minutes of the Regular Council Meeting held on September 26, 2000, be approved.

- CARRIED UNANIMOUSLY

 

2. Regular Council (City Services & Budgets) - September 28, 2000

MOVED by Cllr. Clarke
SECONDED by Cllr. McCormick

THAT the Minutes of the Regular Council Meeting (City Services & Budgets) held on September 28, 2000, 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 with Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

 

UNFINISHED BUSINESS

 

1. Amendment to the Transfer of Density Policy for the First Shaughnessy District

At the Standing Committee of Council of Planning and Environment on September 28, 2000, Council heard from interested parties and postponed this matter for consideration at the October 3, 2000 meeting of Council.

Larry Beasley, Director of Current Planning summarized how the proposed policy could apply to assist in the preservation of heritage buildings in Shaughnessy and suggested that the policy could, in the alternative, be used as a pilot in the case of the Greencroft house at 3838 Cypress Street.

MOVED by Cllr. Kennedy

A. THAT Council is prepared to consider a transfer of density to a location outside Shaughnessy from the heritage property at 3838 Cypress Street (Greencroft) following the normal procedures, including a staff report back on the specifics of the Heritage Revitalization Agreement (HRA) proposal and ultimately the designation of the heritage building, as a pilot project to study the implications of the application of this policy generally for "A" registered buildings in the Shaughnessy area.

B. FURTHER THAT the Director of Current Planning be instructed to report back on the question of the general application of the transfer of density policy for "A" registered properties in the Shaughnessy area after further discussion with the community and further analysis of the concerns raised by community people or from the experience of the pilot project.

- CARRIED UNANIMOUSLY

 

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Replacement of Firehall Number 13, 790 East 24th Avenue - Appointment of Architects

MOVED by Cllr. Louis

A. THAT Roger Hughes and Partners Architects in association with David Nairne and Associates be appointed architects for the reconstruction of Firehall Number 13;

AND FURTHER THAT the architect's fees be based on the Architectural Institute of British Columbia Tariff of Fees for fire stations (5.75 percent of construction budget) and architects' consultants fees be based on the association of Professional Engineers Guidelines for Engineering Services, as outlined in this report; source of funding to be the 2000 Basic Capital Budget for Firehall Replacement.

- CARRIED UNANIMOUSLY

 

2. Chinese Cultural Centre and Dr. Sun Yat-Sen Park

MOVED by Cllr. Don Lee

A. THAT Council revoke the permanent park designation of the two areas of the City-owned site legally described as Parcel C, Block 14, District Lots 196 and 2037, Group 1, NWD Plan LMP 44418 PID 024-656-739 ("Parcel C"), adjacent to Pender Street shown hatched on Appendix A and labelled "Permanent Park" (the "Two Small Permanent Park Areas");

B. THAT Council revoke the temporary park designation of the area of Parcel C adjacent to Carrall Street shown outlined on Appendix A and labelled "Temporary Park" (the "Temporary Park Area");

C. THAT Council designate the Temporary Park Area as permanent public park under section 488(5) of the Vancouver Charter;

D. THAT Council revoke the permanent park designation of certain minimal areas (the "Northerly Adjustment Areas") of the main permanent park area on Parcel C shown outlined in bold black on Appendix B and labelled "Parks Board Permanent Park" (the "Main Permanent Park Area"), which Northerly Adjustment Areas, as shown on Appendix A, lie between the bold black line marked "Proposed Permanent Park Boundary" and the dotted line marked "Present Permanent Park Boundary" and generally to the north or east of the bold black line;

E. THAT Council designate, as permanent public park under section 488(5) of the Vancouver Charter, certain minimal areas (the "Southerly Adjustment Areas") of the Main Permanent Park Area on Parcel C, which Southerly Adjustment Areas, as shown on Appendix A, lie between the bold black line marked "Proposed Permanent Park Boundary" and the dotted line marked "Present Permanent Park Boundary" and generally to the south or west of the bold black line;

F. THAT Council approve acceptance of the surrender of four leases (the "Original Leases") detailed in Appendix C, granted by the City to the Chinese Cultural Centre ("CCC") for various portions of Parcel C and buildings at 50 East Pender Street and 555 Columbia Street;

G. THAT Council grant to CCC two leases for the buildings (the "Buildings") situated on the northerly part of Parcel C and presently used by CCC and an agreement to lease an area adjacent to the easterly building to permit construction by CCC of a theatre, together with an easement shown outlined in bold black on Appendix B, over the northerly part of Parcel C surrounding the Buildings (the "Easement Area"), until March 14, 2040. The rent is to be nominal except for the commercial areas of the Buildings in respect of which CCC will be obliged to pay the City 11% of gross revenues plus property taxes as if levied or a grant in lieu of property taxes. Other terms and conditions, and the form, of the leases, agreement to lease, and easement are to be to the satisfaction of the Director of Real Estate Services, the General Manager of Engineering Services, and the Director of Legal Services; and

H. THAT Council authorize the continued existence of certain encroachments installed or constructed by CCC from the Buildings onto abutting City streets for the lesser of the life of the Buildings or the term of the leases; the waiver of fees which CCC would otherwise be obliged to pay under the Encroachment By-law; and the inclusion in the leases of encroachment

provisions including an indemnity, all to the satisfaction of the Director of Real Estate Services, the General Manager of Engineering Services, and the Director of Legal Services.

NOTE: Section 488(1) of the Vancouver Charter requires an affirmative vote of not less than 2/3 of all members of both the Council and the Park Board to revoke a permanent park designation. Section 488(2) of the Vancouver Charter requires an affirmative vote of not less than 2/3 of all members of the Council to revoke a temporary park designation.

There were 8 votes in favour required. 9 members of Council voted in favour of the motion. Accordingly, the motion was

- CARRIED UNANIMOUSLY AND

BY THE REQUIRED MAJORITY

 

3. Joint Facility: Eastside Family Place/Britannia: Report #1

MOVED by Cllr. Louis

A. THAT Council approve taking a registered easement from the Vancouver School Board by which a significant portion of the new joint facility for Eastside Family Place and Britannia Community Services Centre may be located on School Board property upon the terms outlined in this report.

B. THAT Council waive the requirement for the land owners (City and School Board) to indemnify the City and the Chief Building Officer for agreeing to permit this construction crossing a property line as specified in Article 2.1.7.3. 1) b) ii) of the Vancouver Building By-Law.

C. THAT all agreements contemplated by this report be drawn to the satisfaction of the Director of Legal Services and on the understanding that no legal rights shall arise or be created hereunder until the agreements have been executed by her on behalf of the City.

D. THAT the portion of William Street west of the lane west of Commercial Drive, shown hatched on the attached sketch marked Appendix A be closed, stopped-up and title raised thereto subject to the following conditions:

i) The sewer presently crossing the site is to be relocated to the satisfaction of the General Manger of Engineering Services, the source of funding to be the capital grant approved by Council to Britannia Community Services Centre on July 13, 2000.

ii) The area of closed road to be used for the construction of a building which will be leased or licensed to Eastside Family Place Society and Britannia Community Services Centre.

-CARRIED UNANIMOUSLY

 

CITY MANAGER'S POLICY REPORTS

1. I-2 Text Amendment

MOVED by Cllr. Don Lee

A. THAT the Director of Current Planning be instructed to make application to amend the I-2 District Schedule to permit a relaxation of the floor space regulations for General Office uses that are similar to Wholesaling, generally as contained in Appendix A;

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

AND FURTHER THAT the application and by-law be referred to Public Hearing.

- CARRIED

(Councillors Louis and Bass opposed)

 

2. CD-1 Text Amendment - 289 Alexander Street

Larry Beasley drew Council's attention to Schedule B of the report and recommended that it should be reworded as follows:

APPENDIX B

PROPOSED CONDITIONS OF APPROVAL

(a) That in the approval of development applications, the Director of Planning shall have particular regard to the following:

(i) design development to include, where feasible, features including appropriate door widths, loading bays, electrical, plumbing and ventilation systems for industrial type development in industrial work/live units;

(ii) design development to orient residential uses on the ground floor away from streets and sidewalks where feasible; and

(iii) design development to provide a minimum of 5.7 cu.m. of storage space per industrial storage space per industrial work/live unit.

(b) That prior to enactment of the CD-1 By-law, the registered owner shall:

(i) obtain acceptance from the chief Building Official for the Building Code equivalencies required for combining industrial and residential use; and

(ii) make arrangements to the satisfaction of the Director of the Office of Cultural Affairs for provision of improvements of a reasonable standard to the workshop and amenity area.

Council agreed with the suggested changes to Appendix B.

MOVED by Cllr. McCormick

A. THAT the application by Brook Development Planning Inc., to amend CD-1 By-law No. 7652 for 289 Alexander Street (Parcel A, DL 196 & 4281, Plan LMP 30007) to allow use of ground floor units for "Artist Studio - Class B" and "Industrial Work/Live", be referred to a Public Hearing, together with:

(I) plans received May 24, 2000;

(ii) draft CD-1 By-law provisions, generally as contained in Appendix A; and

(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B (revised).

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

B. THAT, subject to approval of the rezoning at a Public Hearing, the Noise By-law be amended as set out in Appendix C; and

FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise By-law at the time of enactment of the Zoning By-law.

C. THAT the Director of Current Planning be instructed to undertake a post occupancy review one year after the industrial work/live units are occupied.

- CARRIED UNANIMOUSLY

 

3. Revised Arrangement for the Pacific Racing Association for the Racetrack at Hastings Park

MOVED by Cllr. Clarke

THAT this matter be postponed until the October 31, 2000 Council meeting in order that interested groups, including community groups and gaming associations, may be contacted and the report posted on the City website to give the public two clear weeks to review the report.

- CARRIED UNANIMOUSLY

 

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Louis

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

 

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee

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 Schedule A of By-law No. 6650, being the False Creek North Official Development Plan (800 Griffiths Way - GM Place)

MOVED by Cllr. Kennedy
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. Kennedy
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

(Councillor Clarke excused from voting on By-law 1)

 

2. A By-law to amend By-law No. 7201, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (800 Griffiths Way - GM Place)

MOVED by Cllr. Kennedy
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. Kennedy
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

(Councillor Clarke excused from voting on By-law 2)

- CARRIED UNANIMOUSLY

 

MOTIONS

1. Support for Vancouver Agreement

MOVED by Cllr. Louis
SECONDED by Cllr. Bass

WHEREAS the City of Vancouver, the Province of British Columbia and the Government of Canada have recognized the urgency of addressing health, social, economic and safety issues in Downtown Eastside Vancouver;

AND WHEREAS the above jurisdictions jointly produced the Vancouver Agreement as a means of dealing with problems related to the Downtown Eastside;

AND WHEREAS on September 29, 2000 Vancouver Agreement partners announced initiatives as part of a comprehensive program that includes a Downtown Eastside treatment centre, an indoor health connection program, new housing developments and other programs that involve a wide range of community social and health organizations;

THEREFORE BE IT RESOLVED THAT the City of Vancouver support the initiative of the Vancouver Agreement as outlined on September 29, 2000.

-POSTPONED

MOVED by Cllr. Clarke
SECONDED by Cllr. Kennedy
THAT this motion be postponed to the October 17, 2000 meeting of Council.

-CARRIED UNANIMOUSLY

 

ENQUIRIES AND OTHER MATTERS

1. Community Alliance March September 29, 2000

Councillor Don Lee advised that he had attended the Community Alliance march, held on September 29, 2000, from the corner of Jackson and Pender Streets to Canada Place, as an observer. On behalf of the Alliance, he presented Council with a "Petition in support of a Healthy Community" containing approximately 37,000 signatures, which requests "(1) that no City, Provincial or Federal resources of any kind be used to assist, facilitate or maintain the use and dealing of illegal drugs in our neighbourhoods, and (2) that the Vancouver Police Department must enforce the Criminal Code of Canada equally throughout its jurisdiction".

2. Carnegie Centre as a Essential Service in CUPE 15 Strike

Councillor Bass advised that the Carnegie Centre had not been designated as an Essential Service in the Labour Relations Board Order related to the current CUPE 15 strike and asked if steps could be taken to have it so designated. Mike Zora, General Manager of Human Resources responded that he had met with Carnegie Centre staff and volunteers, as well as CUPE 15, and was taking steps to take the matter up with the Labour Relations Board.

3. Use of Replacement Workers during CUPE 15 Strike

Councillor Bass stated that he had been advised of instances in which the City was apparently using replacement workers. The City Manager advised Council that she was not aware of the instances to which councillor Bass was referring and tht the City follows the Labour Code.

4. Status of CUPE 15 Negotiations

Councillor Bass inquired as to the status of these negotiations, given the current strike by CUPE 15. Mike Zora, General Manager of Human Resources and Judy Rogers, City Manager, responded.

MOVED by Cllr. Bass
SECONDED by Cllr. Louis

THAT Council direct the City's negotiators to resume negotiations with CUPE 15 before Friday, October 6, 2000 and offer a flexible response to the union.

- REFERRED in camera

MOVED by Cllr. Clarke
SECONDED by Cllr. Kennedy

THAT as this matter involves labour negotiations, it be referred to the in camera meeting of Council immediately following this meeting.

-CARRIED

(Councillors Bass and Louis opposed)

The Council adjourned at 5:05 p.m.

* * * * *

(c) 2000 City of Vancouver