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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

January 30, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, January 30, 2001, 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 Councillor George Puil *Councillor Sam Sullivan
ABSENT:	Councillor Price (Leave of Absence - Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Ulli S. Watkiss, City Clerk Tarja Tuominen, Meeting Coordinator

*Denotes presence for a portion of the meeting.

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. McCormick,

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;

(b) personal information about an identifiable individual who is being considered for an award of honour, or who has offered to provide a gift to the city on condition of anonymity.

- CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE “IN CAMERA” MEETING OF JANUARY 23, 2000

· Council approved the granting of a Civic Merit Award to Al Etmanski.

ADOPTION OF MINUTES

1. Regular Council (Planning & Environment) - January 11, 2001

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

2. Regular Council - January 23, 2001

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1. Update: A Framework for Action - A Four-Pillar Approach

to Drug Problems in Vancouver (Draft Discussion Paper)
January 30, 2001 File: 4113/RTS: 1880

Judy Rogers, City Manager; Judy Kirk, Coalition Liaison; and Joan McIntyre, Joan McIntyre Market and Opinion Research; presented a Report Reference on an Interim Report on A Framework for Action - A Four-Pillar Approach to Drug Problems in Vancouver (Draft Discussion Paper). Following introductory comments by Ms. Rogers, Ms. Kirk advised of the public forum series schedule, a 4-page newspaper insert developed for the Vancouver Sun, the public input summary and the time-line for the review of all feedback and revision of the Framework for Action prior to releasing the final paper in April 2001. Ms. McIntyre presented the results of a telephone public opinion survey conducted with a cross-section of 300 City of Vancouver adult residents in December 2000.

MOVED by Cllr. Sullivan,

THAT Council receives the interim report, dated January 30, 2001, for information on A Framework for Action - A Four-Pillar Approach to Drug Problems in Vancouver.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

UNFINISHED BUSINESS

1. 965 Granville Street - Luv-A-Fair Restaurants Inc.

Class 'C' Cabaret and Class 'D' Neighbourhood Pub and
919 Granville Street - 600428 BC Ltd., Class 'C' Cabaret
January 11, 2001 File: 2614-17/2614-18/2615-22/RTS: 1672

At the January 25, 2001 meeting of the Standing Committee on Planning and Environment, Vancouver City Council considered the Administrative Report dated January 11, 2001. Council endorsed the application by Luv-a-Fair Restaurants Inc. for a 220-seat Class ‘C’ Cabaret at 965 Granville Street, subject to conditions. However, Council referred its decision on the application by 600428 B.C. Ltd., for a 225-seat Class ‘C’ Cabaret at 919 Granville Street to the regular Council meeting on January 30, 2001.

Before Council was the extract from the Minutes of the Standing Committee on Planning and Environment meeting of January 25, 2001 and the Administrative Report, dated January 11, 200l. Also before Council, circulated this day, was a chart showing the distribution of new liquor license seats for Theatre Row and alternate recommendations for 919 Granville Street.

MOVED by Cllr. Puil,

A. THAT Council advise the liquor Control and Licensing Branch it does not endorse the application by 600428 B.C. Ltd., for a 225 seat Class ‘C’ Cabaret at 919 Granville Street for the following reasons:

i the proposed relocated seats are not from Downtown Granville South area; and

ii the application does not comply with existing Council policy by exceeding, the maximum total new liquor licensed seats for the Entertainment District, the maximum number of establishments for the 900 block of Granville Street and the maximum number seats for the 900 block with respect to the Policing Strategy developed for the Entertainment District;

B. THAT Council not grant favourable consideration to future applications in the Granville Street Theatre Row Entertainment District until the current supported applications are either open and operating or withdrawn, the community and city resource impacts of the new establishments are evaluated and staff report these findings to Council with recommendations for theEntertainment District.

- LOST
(Tie Vote)

(Councillors Bass, Clarke, McCormick, Sullivan and the Mayor opposed)
(Councillor Price absent for the vote)

MOVED by Cllr. Bass,

A. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts, the relevant Council policy and the overall design, endorse the application by 600428 B.C. Ltd., for a 200 seat Class ‘C’ Cabaret at 919 Granville Street, subject to:

i a time-limited development permit;
ii a signed legal Operating Agreement for a new establishment prior to the first renewal of the time-limited development permit, which shall include the following provision:

a. holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review;

iii the permanent closure of the 125-seat Class ‘‘C’’ Cabaret (doing business as Pony’s Cabaret) located at 313 Carrall Street including a legal agreement to the satisfaction of the Chief License Inspector and the Director of Legal Service and that this legal agreement by signed on or before October 30, 2001;
iv the Cabaret hours of operation are limited to 7:00 p.m. to Midnight on Sunday and 7:00 p.m. to 2:00 a.m. on Monday through Saturday;
v a signed Good Neighbour Agreement prior to business license issuance;
vi the applicant satisfying condition ‘‘iii’’ above within the specified time limit and that failure to do so will result in the staff notifying the General Manger of the Liquor Control and Licensing Branch that Council no longer supports the applicant’’s request; and
vii no off-sales or exotic dancing permitted.

B. THAT Council not grant favourable consideration to future applications in the Granville Street Theatre Row Entertainment District until the current supported applications are either open and operating or withdrawn, the community and city resource impacts of the new establishments are evaluated and staff report these findings to Council with recommendations for the Entertainment District.

- amended

AMENDMENT MOVED by Cllr. Clarke,

THAT Council endorse the application for a 125 seat Class ‘C’ Cabaret at 919 Granville Street.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

MOTION AS AMENDED:

A. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts, the relevant Council policy and the overall design, endorse the application by 600428 B.C. Ltd., for a 125 seat Class ‘C’ Cabaret at 919 Granville Street, subject to:

i a time-limited development permit;
ii a signed legal Operating Agreement for a new establishment prior to the first renewal of the time-limited development permit, which shall include the following provision:

a. holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review;

iii the permanent closure of the 125-seat Class ‘‘C’’ Cabaret (doing business as Pony’s Cabaret) located at 313 Carrall Street including a legal agreement to the satisfaction of the Chief License Inspector and the Director of Legal Service and that this legal agreement by signed on or before October 30, 2001;
iv the Cabaret hours of operation are limited to 7:00 p.m. to Midnight on Sunday and 7:00 p.m. to 2:00 a.m. on Monday through Saturday;
v a signed Good Neighbour Agreement prior to business license issuance;
vi the applicant satisfying condition ‘‘iii’’ above within the specified time limit and that failure to do so will result in the staff notifying the General Manger of the Liquor Control and Licensing Branch that Council no longer supports the applicant’’s request; and
vii no off-sales or exotic dancing permitted.

B. THAT Council not grant favourable consideration to future applications in the Granville Street Theatre Row Entertainment District until the current supported applications are either open and operating or withdrawn, the community and city resource impacts of the new establishments are evaluated and staff report these findings to Council with recommendations for theEntertainment District.

- CARRIED

(Councillors Kennedy, Louis and Puil opposed)
(Councillor Price absent for the vote)

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Payment-in-Lieu of Parking Application: 1180 Homer Street

December 27, 2000 File: 5655/RTS: 1824

MOVED by Cllr. Louis,
A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $189,000 by Townline Homes Inc. for the waiver of 14 parking spaces required by Section 4.1.2 of the Parking By-law; and

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

2. Payment-in-Lieu of Parking Application: 309 West Cordova Street

December 28, 2000 File: 5655/RTS: 1825

MOVED by Cllr. Louis,
A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $27,000 by Petrina Enterprises for the waiver of 2 parking spaces required by Section 4.1.2 of the Parking By-law; and

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

3. FCM, UBCM and LMMA Membership Fees: 2001-2002

December 5, 2000 File: 123/3252/3253/RTS: 1793

MOVED by Cllr. Kennedy,
THAT grants to the following organizations for the 2001-2002 membership fees be approved, the source of funds being the 2001 Operating Budget:

1. Federation of Canadian Municipalities $51,986.96
2. Union of British Columbia Municipalities $36,851.20
3. Lower Mainland Municipal Association $1,000.00

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

(Councillor Price absent for the vote)

4. Direct Purchase of Dedicated Fire Protection System Fire Hydrants

January 17, 2001 File: 3651/RTS: 1859

MOVED by Cllr. Don Lee,
THAT Council approve the direct purchase of twenty-five (25) Dedicated Fire Protection System (DFPS) Fire Hydrants from Olympic Foundry Inc., at a cost of $347,542 Canadian, plus GST and waive the standard tender process.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

5. Hastings Park Restoration - Year 2001 Funding

January 19, 2001 File: 8009/RTS: 1801

MOVED by Cllr. Clarke,
THAT Council authorize the allocation of $2,690,000 million to Phase III B of the Hastings Park Restoration, with specific contracts for landscape design, engineering, removal of asphalt, landscape construction and planting to be let by the Vancouver Park Board: Source of funds to be borrowing authority approved as part of the 2000 -2002 Capital Plan ($2.1 million) and the Hastings Park Reserve ($590,000).

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

6. Authority to Travel from Vancouver to Ottawa, Ont.

to attend the Federation of Canadian Municipalities (FCM)
Sustainable Communities Conference - February 8 - 10, 2001
January 29, 2001 File: 1254/RTS: 1879

MOVED by Cllr. Louis,
THAT Council authorize Councillor Fred Bass to travel to Ottawa, Ontario to attend the FCM’s 1^st Annual Sustainable Communities Conference and Trade Show, at an estimated cost of $991.

- CARRIED UNANIMOUSLY

(Councillors Bass and Price absent for the vote)

CITY MANAGER’S POLICY REPORTS

1. CD-1 Text Amendment: 650 West 41st Avenue (Oakridge Shopping Centre)

December 11, 2000 File: 5304/RTS: 1674

MOVED by Cllr. Clarke,
THAT the application by Moodie Consultants Ltd., to amend CD-1 By-law No. 3568 for 650 West 41st Avenue (Rem. 7, Block 892, DL 526, Plan 20424) to provide for another department store and other modifications, be referred to a Public Hearing, together with:

(i) draft CD-1 amending by-law provisions, generally as contained in Appendix A of the Policy Report, dated December 11, 2000; and

(ii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B, of the Policy Report, dated December 1, 2000;

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

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

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. Louis,
SECONDED by Cllr. Don Lee,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend By-law No. 4021, being the Vehicle Licensing By-law; By-law No. 4450, being the License By-law; By-law No. 4805, being the Advance Real Property Tax By-law; By-law No. 5462, being the Standards of Maintenance By-law; By-law No. 5654, being the Emergency Response By-law; By-law No. 7364, being the Freedom of Information and Protection of Privacy By-law; and By-law No. 8276, being a By-law to Exempt Certain Lands and Improvements from Taxation By-law No. 8288
MOVED by Cllr. Price,
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. Price,
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

2. A By-law to amend By-law No. 6744, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (101 Terminal Avenue [941 Main Street]) By-law No. 8289
MOVED by Cllr. Daniel 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. Daniel 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

(Councillors Clarke and Kennedy excused from voting on By-law 2)

3. A By-law to amend By-law No. 5208, being the Subdivision By-law (Addition of Standards for New RS-7S District) By-law No. 8290
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

4. A By-law to amend By-law No. 5585, being the Zoning and Development Fee By-law (Addition of RS-7S District) By-law No. 8291
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

5. A By-law to amend By-law No. 7832, being the Solid Waste and

Recycling By-law (Adjustments to Residential Recycling, Garbage and
Yard Trimmings Collection) By-law No. 8292

MOVED by Cllr. McCormick,
SECONDED by Cllr. Bass,

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. McCormick,
SECONDED by Cllr. Bass,

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

1. Closing a Portion of Lane North of Pender Street adjacent to Lot 27 of Lot 60, Town of Hastings Suburban Lands, Plan 330 File: 5807
MOVED by Cllr. McCormick,
SECONDED by Cllr. Bass,
THAT WHEREAS:

1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;

2. There is a proposal to consolidate City-owned Lot 27 of Lot 60, Town of Hastings Suburban Lands Plan 330 into the Emergency Operations and Communications Centre site, being Lot 1 of Lot 60, Town of Hastings Suburban Lands, Plan LMP 30912;

3. The proposal includes a portion of lane north of Pender Street being adjacent to Lot 27 of Lot 60, Town of Hastings Suburban Lands, Plan 330;

4. The said portion of lane is no longer required for municipal purposes;

5. The proposal requires the consolidation of City-owned Lot 1 of Lot 60, Town of Hastings Suburban Lands, Plan LMP30912 with the said lane and said Lot 27;

THEREFORE BE IT RESOLVED THAT all that portion of lane dedicated by the deposit of Plan 330 adjacent to Lot 27 of Lot 60, Town of Hastings Suburban Lands, Plan 330 and being the same as shown heavy outlined on a Reference Plan of Survey attested to by A. Di Nozzi, B.C.L.S., and completed on the 29th day of November, 2000 and marginally numbered LD3736, a copy of which is attached hereto, be closed, stopped up; and

BE IT FURTHER RESOLVED THAT the said portion of lane north of Pender Street adjacent to the said Lot 27 to be closed be consolidated with the abutting City-owned Lot 27 of Lot 60, Town of Hastings Suburban Lands, Plan 330 and the abutting City-owned Lot 1 of Lot 60, Town of Hastings Suburban Lands, Plan LMP30912 to the satisfaction of the Director of Legal Services.

CARRIED UNANIMOUSLY

B. Motions on Notice

1. Extraordinary Meeting of GVRD Planning and Environment Committee on Industrial Use of Polluting Fuels File: 3752

At its meeting on January 23, 2001, Cllr. Louis gave notice that at the next regular meeting of Council he would move the following motion:

WHEREAS the City of Vancouver supports the GVRD Air Quality Management Plan (AQMP) and regional initiatives and policies aimed at reducing industrial Greenhouse Gas emissions;

AND WHEREAS existing GVRD policies encourage the use of cleaner lower polluting fuels as alternatives to other "dirty fuels" such as coal, wood and diesel;

AND WHEREAS on Dec.15, 2000, the GVRD Directors approved changes that allow industries to increase their use of other "dirty fuels";

AND WHEREAS GVRD air quality manager Barrie Mills warns that "from an air quality perspective, use of the proposed other fuels is clearly not in the best interest of the community";

AND WHEREAS the GVRD Planning and Environment Committee will meet in extraordinary session on Jan. 30, 2001 to discuss this matter and subsequently make recommendations to the GVRD Board of Directors on Jan. 31, 2001;

THEREFORE BE IT RESOLVED THAT Council direct its representatives to the GVRD to undertake and support measures and decisions that reflect the intent and spirit of the AQMP, as well as GVRD air quality policies aimed at decreasing the use of "dirty fuels" in the Region.

- withdrawn

Cllr. Louis advised that the GVRD has requested its staff to prepare a public consultation process to seek in-put prior to making a decision on the industrial use of other fuels such as coal, wood and diesel. Therefore, Cllr. Louis withdrew the motion.

2. Moratorium on Skytrain Extension File: 5559

At the Regular Council meeting on January 23, 2001, Cllr. Bass gave notice that at the next regular meeting of Council he would move the following motion.

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

WHEREAS the provincial government’s reluctance to implement TransLink’s automobile levy combined with the extremely high costs of further SkyTrain construction have has created a fiscal crisis in transportation funding in the Lower Mainland;

AND WHEREAS the high costs of further SkyTrain expansion will be borne by taxpayers for decades: The total capital costs are Phase II Commercial Drive West SkyTrain option to Granville--$579 million (1999 dollars) vs. Rapid Bus--$88 million (1999 dollars);

AND WHEREAS George Puil, the Chair of Translink, has stated that, SkyTrain Phase 2 will likely not be extended west of Vancouver Community College for a decade, by which time both the route and SkyTrain technology may no longer be the best choices;

AND WHEREAS the Vancouver City Council supported the extension of Skytrain to Granville Street on the basis that the provincial government would pay 2/3 of the cost only if the expensive Skytrain option was the choice of technology used;

AND WHEREAS public consultation which preceded the City’s adoption of Skytrain technology was restricted and focused on a part of one corridor--Broadway to Arbutus;

AND WHEREAS the people of the GVRD have not been offered specific plans for all transportation in the region, including total costs, choice of transit technology, and routes of automobiles, buses, transit and other forms of transportation;

AND WHEREAS the people of Vancouver have not been given an opportunity to express their views on the routes and technology on currently-planned rapid transit expansion, including the Richmond/YVR transit line currently under limited study;

AND WHEREAS the Grandview Woodlands Area Council and adjacent neighbourhood organizations have unanimously opposed the expansion of Skytrain along the Grandview Cut west of Commercial Drive;

AND WHEREAS a Skytrain terminus at the Finning lands north of Vancouver Community College would result in further destruction of the Grandview Cut and little benefit to local residents and provide no connection to other transit;

THEREFORE BE IT RESOLVED that the City of Vancouver calls on all parties concerned with funding and construction of the extension of Skytrain west of Commercial Drive to place a moratorium on further work until completion of the following three tasks:

1) Development of an overall, long-term, fully-costed and up-to-date regional transportation plan;
2) A full environmental assessment of that plan, and,
3) After development of the plan and the environmental assessment, extensive region-wide public consultation in order to make appropriate modifications to the plan.

- referred

The Chair advised a number of delegation requests have been received on this matter. Therefore, Council agreed to refer consideration of the motion to the next Standing Committee on Planning and Environment meeting.

3. Petition of Federal Government to Defend Local Government

Jurisdiction from NAFTA Intrusion File: 6001

The Council granted Cllr. Bass leave to waive notice for the following motion:

MOVED by Cllr. Bass,
SECONDED by Cllr. Puil,

WHEREAS Vancouver City Council has passed resolutions opposing the Multilateral Agreement and Investment (April 28, 1998) and requesting the federal government file a permanent and explicit exemption in the WTO services agreement (the GATS)limiting application to areas of Federal jurisdiction (May 2, 2000) due to the potential negative impacts these multinational agreements would have on local government jurisdiction;

AND WHEREAS despite reservations included in the North American Free Trade Agreement for local government measures, these reservations have not protected local government from challenges to their jurisdiction under the investment (Chapter 11) provisions of NAFTA;

AND WHEREAS a NAFTA dispute panel has ruled in a NAFTA investor-state law suit in favour of the US-based waste disposal company, Metalclad, which claimed damages based on the refusal of the Mexican town of Guadalcazar to grant a construction permit for its plant;

AND WHEREAS a review of the NAFTA panel’s decision is being conducted in the BC Supreme Court by Justice Tysoe in February, 2001 and the Canadian government has been granted intervenor status in the hearing;

AND WHEREAS in its statement of claim, Metalclad asked for compensation because the Mexican federal government “through its local governments of SLP [the state government] and Guadalcazar [the local municipality] interfered with its development and operation of a hazardous waste landfill...While neither Guadalcazar nor SLP are named as Respondents, Metalclad alleges that Guadalcazar and SLP took some of the actions claimed to constitute unfair treatment and expropriation violative of NAFTA.”;

AND WHEREAS in its ruling, the NAFTA panel stated that it was “improper” for a Mexican local government to deny a permit on the basis of environmental impact considerations, public opposition, or the past record of performance of the proponent;

AND WHEREAS part of the US$16 million award to Metalclad was for expenditures made by the company before the local license was even applied for;

AND WHEREAS the ruling implies that the federal government of Mexico had a duty to inform Metalclad of all state and municipal measures that might affect its proposed development, thus requiring special treatment for foreign corporations not accorded to domestic ones.

THEREFORE BE IT RESOLVED THAT the City of Vancouver petition the federal government to use its intervenor status in the BC Supreme Court review of the Metalclad case to defend the ability of local government to act in the interests of citizens and the environment and to ensure that measures taken by local governments are not subject to challenge under NAFTA's investor-state provisions;

AND BE IT FURTHER RESOLVED THAT the City of Vancouver, while recognizing trade can have beneficial impacts on our region, petition the federal government to refuse to sign any new trade and investment agreements, such as the proposed expansion of NAFTA being negotiated in the Free Trade Area of the Americas, that include investor-state provisions similar to the ones included in NAFTA.

- CARRIED UNANIMOUSLY

4. Nomination of Sabura Ienaga for Nobel Peace Prize File: 1051

The Council granted Cllr. Bass leave to waive notice for the following motion:

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

WHEREAS Professor Sabura Ienaga of Tokyo University and Chuo University has shown extraordinary courage during the past several decades in his pursuit of the accurate telling of Japanese atrocities during the Second World War,

AND WHEREAS Professor Ienaga, succeeded in having the Supreme Court of Japan recognize the validity of his position by judging illegal the screening comments that had eliminated critical descriptions of the Nanking Massacre,

AND WHEREAS the Globe and Mail and Vancouver Sun of August 30, 1997 both reported the Supreme Court of Japan’s ruling that the government had no right to censor the material on wartime atrocities from Japanese history books,

THEREFORE BE IT RESOLVED, that as an expression of Vancouver’s commitment to peace, to our citizens of Japanese descent, and to the freedom to tell the truth, that Vancouver City Council nominates Sabura Ienaga for the Nobel Peace Prize.

- tabled

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT consideration of the motion be tabled.

- CARRIED

(Councillors Bass, Don Lee, Louis and Sullivan opposed)

ENQUIRIES AND OTHER MATTERS

1. Drug Treatment/Prevention File: 4113

Cllr. McCormick reported on a forum she attended, along with Cllrs. Clarke and Kennedy, on drug treatment, prevention and harm reduction issues. The speakers presented a number of points of view and perspectives. She suggested it would be informative to invite some of the speakers to address Council on these issues.

2. Vancouver - Not Just a Pretty Face File: 4201

Cllr. Clarke requested the Mayor strike a task force to address the perception and recent media coverage that Vancouver is losing a number of special events, e.g. Molson Indy, Symphony of Fire, etc. , and is becoming a “dull city”. The Mayor advised he has been meeting with a number of people to address the issue and will be reporting back.

Cllr. Kennedy also advised the Vancouver Economic Development Commission has established a “Fun City” forum and will be providing a report to Council.

3. Raising the Roof Campaign File: 4659

Cllr. Bass advised Tuesday, February 6, 2001 will be “Toque Tuesday”and distributed toques to Council members. The wearing of toques on February 6, with a donation of $5, will call attention to the plight of the homeless and help raise money for the “Raising the Roof” campaign.

4. Coyotes File: 3507

Cllr. Kennedy reported on a meeting she attended with UBCM and Ministry of Environment staff regarding problems with urban coyotes. The Ministry of Environment agreed to consider a similar program to deal with coyotes as has been done in rural areas with the “Bear Smart” program. Further information should be available within the next few months.

Cllr. Clarke reiterated her request for a Report Reference on this matter presented by relevant staff and authorities.

The Council recessed at 5:07 p.m., and reconvened
“In Camera” in the Mayor’s Office.

* * * * *

(c) 1998 City of Vancouver