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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
April 10, 2001
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, April 10, 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 SullivanCITY 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. Daniel Lee,
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;
(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.
- CARRIED UNANIMOUSLY
ADOPTION OF MINUTES
1. Regular Council (City Services and Budgets) - March 15, 2001
MOVED by Cllr. Puil,
SECONDED by Cllr. McCormick,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
2. Regular Council (Planning and Environment) - March 15, 2001
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Clarke,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
3. Regular Council ( Transportation and Traffic) - March 27, 2001
MOVED by Cllr. Clarke,
SECONDED by Cllr. McCormick,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
4. Regular Council - March 27, 2001
MOVED by Cllr. Price,
SECONDED by Cllr. Daniel Lee,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Puil,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
- CARRIED UNANIMOUSLY
REPORT REFERENCE
1. Keep Vancouver Spectacular
March 27, 2001 File: 3501
Kevin Van Vliet, Engineering Services, provided a report reference on Keep Vancouver Spectacular 2001. Mr. Van Vliet advised of the City's role in the campaign, listed the corporate sponsors and Keep Vancouver Spectacular events, showed the City's promotional videos for the event, and responded to questions.
The Mayor then proclaimed the month of May as Keep Vancouver Spectacular Month.
MOVED by Cllr. Don Lee,
THAT the Report Reference on Keep Vancouver Spectacular be received for information.
- CARRIED UNANIMOUSLY
2. Post-Earthquake Report
March 20, 2001 File: 3603
Ron Martin, Emergency Planning Coordinator, provided a report reference on the Nisqually earthquake which occurred on Wednesday, February 28, 2001. The earthquake was centered in the Puget Sound area of Washington State, between the cities of Tacoma andthe state capital of Olympia and registered 6.8MwR. With the aid of a powerpoint presentation, Mr. Martin described the damage in the Seattle area and the Vancouver experience, including damage in the Vancouver area, the response from utilities, emergency services and agencies, and City departments, and with Dave Rudberg, General Manager of Engineering Services, and Clyde Hosein, Director of Facilities Department, responded to questions.
MOVED by Cllr. McCormick,
THAT the Report Reference on the Post-Earthquake Report be received for information.
- CARRIED UNANIMOUSLY
(Councillor Don Lee absent for the vote)
-----
CIVIC MERIT AWARD
At this point in the proceedings, the Mayor and Council awarded the Civic Merit Award to Al Etmanski for his contributions to help people with disabilities and his dedication to community service for more than 30 years.
The Council recessed at 4:15 p.m. and following a reception in honour of Mr. Etmanski, reconvened in open session at 4:40 p.m. with all members present.
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CITY MANAGER'S ADMINISTRATIVE REPORTS
1. 2001 Pedestrian Study
March 27, 2001 File: 5701/RTS: 1983
MOVED by Cllr. Puil,
A. THAT the 2001 Pedestrian Study described in the Administrative Report, dated March 27, 2001, be approved, with funding of up to $45,000 in the 2001 Operating Budget to come from Contingency Reserve.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Price,
B. THAT staff be directed to carry out a detailed Pedestrian Study every 5 years.
- CARRIED UNANIMOUSLY
2. Local Improvements by Initiative - June 12, 2001
First and Second Step Report
March 15, 2001 File: 5804-10/RTS: 1965MOVED by Cllr. Price,
A. THAT the projects listed in Appendix I of the Administrative Report, dated March 15, 2001, be advanced as Local Improvements on the Initiative and brought before a Court of Revision on June 12, 2001.
B. THAT the reports of the City Engineer and Director of Finance be adopted together with details of the Second Step Report as summarized in Appendix II of the Administrative Report, dated March 15, 2001, and Council declare it is desirable that the projects set out in Appendix I of the report be undertaken and deems that each will specially benefit the real property abutting it. (Requires two-thirds approval of those present).
C. THAT sidewalk projects Numbered 46-49, 51-63 inclusive, as described in Appendix I of the Administrative Report, dated March 15, 2001, be designated as "pedestrian collector routes" so that the abutting residential property owners' rates are reduced by the required 25%.
D. THAT the City-owned parcels on the list attached to the Detailed Second Step Report be declared "assessable for the local improvements projects".
- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY3. Amendments to the Memorandum of Understanding for the
Development of 1299 W. Hastings St.
April 2, 2001 File: 2606/RTS: 1985MOVED by Cllr. Louis,
A. THAT Council instruct the Director of the Housing Centre to initiate amendments before the end of 2001 to the relevant Official Development Plans and Comprehensive Development By-laws to replace "non-market housing" with "affordable housing" and to eliminate any potential contravention of the by-laws by projects developed on non-market housing sites which include market rent units; and
B. THAT Council approve the Amendment to the November 30, 2000, Memorandum of Understanding attached as Appendix A to the Administrative Report, dated April 2, 2001, that would set initial rents for the market units in the project at 90% of rents for comparable market units in the area, with the rents for the 171 singles and couples units to be raised to full market rents at the City's request, if and when amendments to the Coal Harbour ODP and the CD-1 for 501 Bute St. are enacted as provided in Recommendation A.
- CARRIED UNANIMOUSLY
4. Review of Parking Meter Program - Capital Improvements
and Meter Rate Changes
March 16, 2001 File: 5654/RTS: 1981MOVED by Cllr. Louis,
A. THAT Council approve a two year parking meter replacement program as outlined in the Administrative Report, dated March 16, 2001, at an estimated cost of $1,442,000; source of funding to be the Reserve Meter Fund ($360,000) and from increased parking meter revenues ($1,082,000) as detailed in the report.B. THAT Council approve parking meter rate changes detailed in Appendix A of the Administrative Report, dated March 16, 2001, and that the Director of Legal Services bring forward the necessary By-law changes to reflect the parking meter rate changes.
- CARRIED UNANIMOUSLY
MOVED by Cllr. McCormick,
C. THAT the parking meter increases be implemented once the transit labour disruption is over.
- CARRIED
(Mayor Owen opposed)
5. The Pagoda at 599 Columbia Street (Dr. Sun Yat-Sen Garden):
DCLs and An Update
April 3, 2001 File: 2604/RTS: 1785MOVED by Cllr. Don Lee,
A. THAT the Development Cost Levy to be received from the pagodadevelopment at 599 Columbia Street be committed to on-site storm and sanitary connections plus twin wyes, to the amount of $9,542.
B. THAT Council support sharing the maintenance and operation costs of the Pagoda with the Park Board, with the maximum City cost to be $19,250, once the Pagoda is completed.
C. THAT Council approval, as noted in the Administrative Report, dated April 3, 2001, be contingent on the General Manager of the Park Board, Director of Legal Services, and the City Manager being satisfied that funding and legal assurances are in place for the complete construction of the Pagoda.
- CARRIED
(Councillor Bass opposed to B)
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. Don Lee,
SECONDED by Cllr. Sullivan,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to amend By-law No. 3575, being the Zoning and Development By-law (Satellite Dishes) By-law No. 8325
MOVED by Cllr. Bass,
SECONDED by Cllr. McCormick,
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. McCormick,
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 Kennedy, Don Lee, Price and Puil excused from voting)
2. A By-law to amend By-law No. 3575, being the Zoning and Development By-law
(395 West 5th Avenue - Lookout Emergency Aid Society - Rezoning I-1 to CD-1)
By-law No. 8326
MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,
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. Louis,
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)
3. A By-law to amend By-law No. 6510, being the Sign By-law (395 West 5th Avenue) By-law No. 8327
MOVED by Cllr. Price,
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. Price,
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 Schedule A to By-law No. 5752, being the Southeast Granville Slopes Official Development Plan (Grade Level Uses) By-law No. 8328
MOVED by Cllr. Clarke,
SECONDED by Cllr. McCormick,
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. McCormick,
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 Kennedy, Don Lee, Price and Puil excused from voting)
5. A By-law to amend By-law No. 3568, being a By-law which amended
the Zoning and Development By-law by rezoning an area to CD-1
(650 West 41st Avenue - Oakridge, Use Restrictions, Maximum Floor
Space and Parking Spaces) By-law No. 8329MOVED by Cllr. Clarke,
SECONDED by Cllr. McCormick,
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. McCormick,
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 Kennedy, Don Lee, Price and Puil excused from voting)
MOTIONS
A. Administrative Motions
1. Approval of Form of Development (CD-1 - 395 West 5th Avenue) File: 5304
MOVED by Cllr. McCormick,
SECONDED by Cllr. Don Lee,
THAT the form of development for the CD-1 zoned site known as 395 West 5th Avenue be approved generally as illustrated in Development Application No DE 405407 prepared by John Currie Architect Inc., and stamped "Received, City of Vancouver Planning Department, February 23, 2001", provided that the Director of Planning may approve design changes which would not adversely affect either the development character and livability of this site or adjacent properties.
- CARRIED UNANIMOUSLY
B. Motions on Notice
1. Residential Lease Prepayment Prices in False Creek File: 5104
At the Council meeting of March 27, 2001, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:
MOVED by Cllr. Louis,
SECONDED by Cllr. Bass,
WHEREAS the False Creek Landlease Action Committee commissioned an independent appraisal of residential lease prepayment prices in False Creek South and submitted the completed appraisal to the City in July 2000;
AND WHEREAS this appraisal differs significantly from the lease prepayment prices established by the City;
AND WHEREAS the City's lease prepayment prices and rent increase predictions affect leaseholders' equity in their homes, whether or not they choose to prepay;
AND WHEREAS Real Estate Services staff commissioned experts' reviews of the leaseholders' and City's appraisals more than six months ago;
AND WHEREAS it is in the interest of both the City and its leaseholders to resolve this issue as expeditiously as possible, and without proceeding to trial;
THEREFORE BE IT RESOLVED THAT the City begin good faith negotiations with its leaseholders within a month, to determine equitable and mutually agreeable lease prepayment prices.
- postponed
The Chair advised a number of requests to speak on the motion have been received, but it was noted the issue of the False Creek residential leases is in litigation.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Puil,
THAT consideration of the motion be postponed pending resolution of the lawsuit.
- CARRIED UNANIMOUSLY
NOTICE OF MOTION
1. GVRD Liquid Waste Management Plan File: 3753
The following Motion was submitted by Cllr. Louis. Notice was called and recognized by the Chair to allow Council time to consider the issue raised in the Motion.
WHEREAS on March 28, 2000, Department of Fisheries and Oceans pollution officer Mike Nikl advised the GVRD that "their ( Liquid Waste Management) plan is not compatible with the Fisheries Act," and "the public has already told them (GVRD) they are willing to pay for sewage upgrades";
AND WHEREAS on February 16, 2001, Fisheries and Oceans Regional Director Guy Beaupre advised GVRD Manager Ken Cameron that "It is our view that the (GVRD Liquid Waste Management) Plan currently does not address clearly the need to meet regulatory requirements in a timely fashion";
AND WHEREAS in February 2001, toxicity tests of effluents samples at the Iona and Lions Gate Sewage treatment plants conducted by Environment Canada found that discharges from both violate the Fisheries Act;
AND WHEREAS on March 20, 2001, Environment Canada's Environmental Protection Branch advised the GVRD of the results of toxicity tests at Iona and Lions Gate and warned that the GVRD was not complying with the Fisheries Act;
AND WHEREAS when Council adopted the GVRD Liquid Waste Management Plan on March 15, 2001, Council was not advised of concerns raised by the Department of Fisheries, nor was Council aware of Environment Canada's concerns about effluent discharge from Iona and Lions Gate;
AND WHEREAS GVRD Director and West Vancouver Cllr. Victor Durman, is seeking a legal opinion on GVRD liability if the Liquid Waste Management Plan is in violation of the Fisheries Act;
THEREFORE BE IT RESOLVED that Council invite Environment Canada's BC and Yukon Director General Don Fast, Fisheries and Oceans Canada Regional Director Donnna Petrachenko and GVRD Regional Utility Planning Manager Fred Nenninger to advise Council of their concerns about the GVRD Liquid Waste Management Plan.
- Notice
2. Revision of GVRD Liquid Waste Management Plan File: 3753
The following Notice of Motion was submitted by Cllr. Louis and recognized by the Chair:
WHEREAS on Mar. 28, 2000, Department of Fisheries and Oceans pollution officer Mike Nikl advised the GVRD that "their ( Liquid Waste Management) plan is not compatible with the Fisheries Act," and "the public has already told them (GVRD) they are willing to pay for sewage upgrades";
AND WHEREAS on Feb. 16, 2001, Fisheries and Oceans Regional Director Guy Beaupre advised GVRD Manager Ken Cameron that "It is our view that the (GVRD Liquid Waste Management) Plan currently does not address clearly the need to meet regulatory requirements in a timely fashion";
AND WHEREAS in February 2001, toxicity tests of effluents samples at the Iona and Lions Gate Sewage treatment plants conducted by Environment Canada found that discharges from both violate the Fisheries Act;
AND WHEREAS on March 15, 2001, SPEC president David Cadman advised Council that not amending the Liquid Waste Management Plan to upgrade the Iona and Lions Gate plants could violate the Fisheries Act;
AND WHEREAS on March 20, 2001, Environment Canada's Environmental Protection Branch advised the GVRD of the results of toxicity tests at Iona and Lions Gate and warned that the GVRD was not complying with the Fisheries Act;
AND WHEREAS on March 29, 2001, Sierra Legal Defence staff lawyer Tim Howard advised GVRD directors that "By failing to address long-standing problems of the facilities identified above (Iona and Lions Gate), the GVRD/GVS&DD are exposing themselves to potential liability under the Fisheries Act";
AND WHEREAS when Council adopted the GVRD Liquid Waste Management Plan on March 15, 2001, Council was not advised of concerns raised by the Department of Fisheries, nor was Council aware of Environment Canada's concerns about effluent discharge from Iona and Lions Gate;
AND WHEREAS GVRD Director and West Vancouver Cllr. Victor Durman, is seeking a legal opinion on GVRD liability if the Liquid Waste Management Plan is in violation of the Fisheries Act;
AND WHEREAS violations of the Fisheries Act may result in fines of up to $1 million a day;
THEREFORE BE IT RESOLVED that Council request that the GVRD revise the Liquid Waste Management Plan to implement provisions for upgrading the Iona and Lions Gate sewage treatment plants that will enable them to comply with the Canada Fisheries Act.
- Notice
3. Privatization of Seymour Water Filtration Plant File: 3753
The following Notice of Motion was submitted by Cllr. Bass and recognized by the Chair:
WHEREAS the Greater Vancouver Water District (GVWD) is proposing to enter into a public-private partnership for the design, construction and operation of a new Seymour Water Filtration plant;
AND WHEREAS entry into such a partnership, within the context of existing or proposed international agreements on the trade of goods and services, has serious implications for the public supply and regulation of water resources and services;
AND WHEREAS a 1995 consultant's report to the GVWD concluded that the legal and financial risks and liabilities inherent in such a project would be placed solely upon the public interest within such a partnership;
AND WHEREAS there has been no substantial process to inform the public of this proposed partnerships and its potential risks, nor to solicit public opinion on it;
AND WHEREAS North Vancouver City Council will consider a similar motion on April 23, 2001;
THEREFORE BE IT RESOLVED THAT Vancouver City Council request the GVWD to develop and implement a public involvement process prior to any final decision being made to go forward with such a partnership.
- Notice
ENQUIRIES AND OTHER MATTERS
1. Denman Street Construction File: 5762
Cllr. McCormick expressed concern with potential speeding on Denman Street due to recent construction on the street. She asked what the City is doing in additional traffic calming and pedestrian crossings to ensure pedestrian safety issues. Cllrs. Price and Clarke also requested information on the City's progress in changing the old type of pedestrian crossing signs to the new fluorescent ones.
The City Manager agreed to provide the requested information in a memorandum to Council.
2. Car Free Day - Thursday, April 19 File: 4201
Cllr. Bass reminded Council that Thursday, April 19 is Car Free Day and encouraged all citizens to join Council in not using their cars on that day.
3. Leave of Absence - Cllr. Bass File: 1254
MOVED by Cllr. Louis,
SECONDED by Cllr. Puil,
THAT Cllr. Bass be granted Leave of Absence for the evening of April 10, 2001.
- CARRIED UNANIMOUSLY
4. Air Quality Concerns File: 3752
Cllr. Louis requested the City Manager to provide an update on Central Heat Distribution using fuel which is not permitted in its contract with the City.
The City Manager agreed to provide the requested information.
The Council recessed at 5:40 p.m., and reconvened
"In Camera" in the Mayor's Office.* * * * *
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