CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

April 24, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, April 24, 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 Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Sick Leave) Councillor Daniel Lee (Leave of Absence)
CITY MANAGER'S OFFICE:	Brent MacGregor, Deputy 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.

CONDOLENCES

The Mayor advised of the recent passing of Kay Stovold, recipient of the Civic Merit Award in 1995, an active volunteer in the community, and a long servicing member of Council's Special Advisory Committee on Seniors. The Mayor agreed to send a letter on behalf of Council offering condolences to her husband, Len, and her family.

DAY OF MOURNING

The Mayor announced that April 28^th has been declared as a Day of Mourning for workers who have been killed or injured on the job. The City will be taking part in a commemoration ceremony on Friday, April 27 at the Sanctuary in Hastings Park.

"IN CAMERA" MEETING

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

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:

(d) the security of property of 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;

(h) litigation or potential litigation affecting the city.

- CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF April 10, 2001

· Council made appointments to the following Committees. Names of those appointed can be obtained from the City Clerk's Office:

Chinatown Historic Area Planning Committee
Special Advisory Committee on Cultural Communities

ADOPTION OF MINUTES

1. Regular Council (City Services and Budgets) - March 29, 2001

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

2. Regular Council (Planning and Environment) - March 29, 2001

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

3. Regular Council - April 10 , 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. Don Lee,
SECONDED by Cllr. McCormick,

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

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1. Framework for Action: A Four Pillar Approach to

Vancouver's Drug Problems
April 17, 2001 File: 4113/RTS: 2033

Joan McIntyre, Consultant, Market and Opinion Research, and Donald MacPherson, Drug Policy Coordinator, City of Vancouver provided a Report Reference on the revised Framework for Action: A Four Pillar Approach to Vancouver's Drug Problems report, dated April 24, 2001.

Ms. McIntyre reported the public consultation feedback reflected the views of over 1800 people who participated in the consultation process between November 21, 2000 and March 15, 2001. The public feedback revealed support for the four major goals and for each of the 31 actions in A Framework for Action. The review of the in-put also revealed very positive feedback to the City's attempt to deal with the drug problem and the proposed four-pillar approach.

Mr. MacPherson outlined the revisions to the draft A Framework for Action paper distributed in November 2000, and highlighted the key changes in the revised report, dated April 24, 2001. The revised report provides balanced public health and public order actions. All four pillars need to be interconnected and must be implemented across the city as well as regionally and nationally in order to create a comprehensive strategy. Staff sought Council endorsement of key recommendations and submitted the following for consideration:

A. THAT Council adopt the revised Framework for Action: A Four Pillar Approach to Drug Problems in Vancouver as the basis for the City's continuing effort to work with the provincial and federal governments and the community to address the issue of substance misuse in Vancouver;

B. THAT Council direct staff to continue to work through our Vancouver Agreement partners to implement the Framework for Action;

C. THAT Council make the Framework for Action paper available to Vancouver's Coalition for Crime Prevention and Drug Treatment partners, the broader community and the provincial and federal government;

D. THAT Council thank the Coalition partners and the community for their participation and ongoing involvement to assist the City of Vancouver to improve crime prevention and drug treatment.

MOVED by Cllr. Bass,

THAT the following motion be included for consideration:

E. THAT an Operational Plan be drafted within three months which includes:

i) Defined goals aimed at specific outcomes, including reduced drug-induced deaths, reduced drug-induced morbidity and reduced drug-related crime (that includes: lowering drug-related deaths, reducing the occurrence of HIV in IV-drug-users, and lowering the frequency of drug-related robberies);

ii) Measurable indicators identified for each goal, including some indicators focused on outcome and other indicators focused on process (to reach the outcomes) and a fully-budgeted plan to monitor these outcomes every 2-3 years;

iii) A single agency to administer, supervise, and maintain budgetary control of all programs aimed at the goals and monitored indicators noted above and that program content be based on scientific evidence and outcome evaluation wherever possible;

iv) The single agency adjusting program priorities, program operations, and program budgets based on the results of the monitoring noted in (ii) and on program evaluation.

- postponed

Council agreed to postpone consideration of the above motions until after having heard from speakers at a Special Council meeting to be held on Monday, April 30, at 7:30 p.m. in the Council Chambers.

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CIVIC RECOGNITION

At this point in the proceedings, the Mayor and Council recognized 3 employees who recently retired from the City with varying lengths of service.

The Mayor presented each employee with a Certificate on behalf of the City, and thanked them for their long and faithful service.

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The Council recessed at 4:00 p.m. and following a reception in honour of the retirees,
reconvened in open session at 4:35 p.m. with all members present,
except for Councillor Don Lee.

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CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Cooperative Purchasing of the Supply and Collection of Garbage Containers

March 13, 2001 File: 3756/RTS: 1964

MOVED by Cllr. Louis,
A. THAT Council authorize the Manager, Materials Management, to include the City of Vancouver's garbage container servicing requirements in the Vancouver Regional Co-operative Purchasing Group's ("VRCPG") tender for the supply and collection of garbage containers.

B. THAT Council authorize the Manager, Materials Management, on behalf of the City of Vancouver, to accept the contract recommendation of the VRCPG that provides the highest value to the City based on quality, service and price.

- CARRIED UNANIMOUSLY

(Councillor Don Lee absent for the vote)

2. Tourism Vancouver - Interim Payments of 2% Hotel Tax - April to July 2001

March 27, 2001 File: 6008/RTS: 1688

MOVED by Cllr. Clarke,

THAT Council authorize the remittance of the 2001 April to July receipts of the 2% Hotel Tax revenues to Tourism Vancouver, the amounts of each remittance not to exceed actual receipts from the Province of the 2% tax, in advance of Council's approval of Tourism Vancouver's 2001 Business Plan.

- CARRIED UNANIMOUSLY

3. Award of Tender No. PS01024: Supply of Asphalts - Liquid and Paving (Grade 80-100 and MC250)

April 9, 2001 File: 1805/RTS: 2017

MOVED by Cllr. Louis,

THAT Council accept the low bid meeting specifications from the following firms, for the supply of liquid and paving asphalts as, and when required, for a 3-year period from May 1, 2001:

- Husky Oil Marketing Co. for item 1 - Grade 80-100, group A at an estimated annual cost of $811,000; and

- Imperial Oil for item 2 - MC250 at an estimated annual cost of $151,000;

including the Provincial Sales Tax, where applicable, and the 7% Goods and Services Tax (less the anticipated receipt of the municipal rebate), subject to contracts satisfactory to the Director of Legal Services.

CARRIED UNANIMOUSLY

4. Renewal Option - Contract PS00004, Supply and Delivery of Mineral Aggregates

April 10, 2001 File: 1805/RTS: 2023

MOVED by Cllr. Louis,

THAT Council approve the exercise of the renewal option and that the City enter into a new contract with Lafarge Construction Materials Ltd., and Mainland Sand & Gravel Ltd. for the supply and delivery of mineral aggregates for an additional 12 month period from May 1, 2001 to April 30, 2002, at an estimated annual cost of $2,953,602 including the GST (less any anticipated receipt of municipal rebate)and PST (where applicable).

1. Lafarge Construction Materials Ltd.

for Items #1, #10, #11, #15, #17 and #21 $1,975,176

2. Mainland Sand & Gravel Ltd.

for Items #4, #5, #7, #9, #13, and #14 $ 978,426

-CARRIED UNANIMOUSLY

5. 2001 Operating Budget - Final Estimates

April 12, 2001 File: 1605/RTS: 2012

The Chair advised that a request to speak on the report has been received.

MOVED by Cllr. Puil,

THAT consideration of the Administrative Report be referred to the Standing Committee on City Services and Budgets meeting on April 26 to allow speakers to be heard.

- 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. 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. 6555, being the Noise Control By-law (395 West 5^th Avenue) By-Law No. 8331

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

2. A By-law to Impose a Development Cost Levy in Respect of Development within the False Creek Flats

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

THAT consideration of the By-law be postponed to a future meeting to allow staff to provide additional information.

- CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Resolutions

1. Allocation of Land for Lane Purposes (3726 Glen Drive) File: 5807

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

THAT WHEREAS the previous registered owner conveyed to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver
PID: 015-637-352
The West ½ of
Lot A
Block 34
District Lot 301
Plan 187

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said land for lane purposes;

BE IT RESOLVED that the above described land is hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a lane.

- CARRIED UNANIMOUSLY

2. Closing a portion of William Street adjacent to Block 178, District Lot 264A, Plan 15722, Group 1, New Westminister District File: 5753

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

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 construct a new building which will be leased or licensed to the Eastside Family Place Society and Britannia Community Services Centre;

3. The new structure will encroach onto a portion of William Street;

4. The proposal requires that the portion of William Street dedicated by the deposit of Plan 185 adjacent to Block 178, District Lot 264A, Plan 15722, Group 1, New Westminster District that will be occupied by the new structure be closed, stopped-up and title raised thereto in the name of the City of Vancouver;

5. The sewer presently crossing the site is to be relocated to the satisfaction of the General Manager of Engineering Services; and

6. The subject portion of William Street is not required for road purposes at this time.

THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver to close, stop-up and raise title in the name of the City of Vancouver to that portion of William Street dedicated by the deposit of Plan 185 and included within the bold outline on a Reference Plan attested to by Al Di Nozzi, B.C.L.S. representing a survey completed on December 21, 2000, marginally numbered LD 3741.

- CARRIED UNANIMOUSLY

3. Establishing Road, as a widening strip to create left turn bay at Broadway and Nootka Street (All that portion of Lot 1, Except Part in Explanatory Plan 4125, South East 1/4 of Section 36, THSL, Plan 7576) File: 5753

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

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver
All that portion of Lot 1, Except Part in Explanatory Plan 4125, South East 1/4 of Section 36 Town of Hastings Suburban Lands, Plan 7576, shown heavy outlined on plan of survey completed on the 4th day of April 2001, attested to by J.W. Larson, B.C.L.S., and marginally numbered LD 3755;

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED

(Councillors Bass and Louis opposed)

4. Establishing Road, as a widening strip to create left turn bay at Broadway and Nootka Street (All that portion of Lot 1, Section 36, THSL, Plan LMP44003)

File: 5753

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

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver
All that portion of Lot 1, Section 36, Town of Hastings Suburban Lands, Plan LMP44003, shown heavy outlined on plan of survey completed on the 11th day of April 2001, attested to by J.W. Larson, B.C.L.S., and marginally numbered LD 3756;

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED

(Councillors Bass and Louis opposed)

5. Conveyance and Allocation of Land for Road Purposes
(Lot 32, Block 15, District Lot 185 and of the Public Harbour of Burrard Inlet, Group 1, New Westminster District, Plan LMP29895; Lot 33, Block 15, District Lot 185, Group 1, New Westminster District, Plan LMP29895; and Lot 34, Block 15, District Lot 185, Group 1, New Westminster District, Plan LMP29895)

File: 5807

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

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes lands in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

Parcel Identifier: 023-692-561
Lot 32, Block 15, District Lot 185 and of the Public Harbour of Burrard Inlet, Group 1, New Westminster District, Plan LMP29895;

Parcel Identifier: 023-692-570
Lot 33, Block 15, District Lot 185, Group 1, New Westminster District, Plan LMP29895; and

Parcel Identifier: 023-692-588
Lot 34, Block 15, District Lot 185, Group 1, New Westminster District, Plan LMP29895.

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes.

BE IT RESOLVED that the above described lands to be conveyed are upon conveyance hereby accepted and allocated for road purposes and declared to form and to constitute a road.

- CARRIED UNANIMOUSLY

B. Motions on Notice

1. GVRD Liquid Waste Management Plan File: 3753

At the Council meeting of April 10, 2001, Councillor Louis submitted the following Motion. Notice was called and recognized by the Chair to allow Council time to consider the issues raised in the Motion.

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

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 Donna Petrachenko and GVRD Regional Utility Planning Manager Fred Nenninger to advise Council of their concerns about the GVRD Liquid Waste Management Plan.

- referred

The Chair advised several requests to speak had been received and that the matterwould be referred to the Standing Committee on Planning and Environment meeting on April 26, 2001 to hear the speakers.

2. Revision of GVRD Liquid Waste Management Plan File: 3753

At the Council meeting of April 10, 2001, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

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

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 Mangement 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 inviolation 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.

- referred

The Chair advised several requests to speak had been received and that the matter would be referred to the Standing Committee on Planning and Environment meeting on April 26, 2001 to hear the speakers.

3. Privatization of GVWD Seymour Filtration Plant File: 3753

At the Council meeting of April 10, 2001, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:

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

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 partnership 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.

- referred

The Chair advised several requests to speak had been received and that the matter would be referred to the Standing Committee on Planning and Environment meeting on April 26, 2001 to hear the speakers.

4. Funding for Public Libraries in British Columbia File: 4004

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

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

THAT Council urge the Provincial Government increase the per capita funding to public libraries in British Columbia by at least $2.00 per capita in order that Provincial support for public libraries in BC is closer to that provided to public libraries by other Western Province;

FURTHER THAT this motion be forwarded to the leaders of all parties running in the current Provincial election.

- CARRIED UNANIMOUSLY

NOTICE OF MOTION

The following Notice of Motion was submitted by Councillor Louis and recognized by the Chair:

1. Possible Relocation of Lafarge Concrete Batch Plant File: 8009

The following Notice of Motion was submitted by Cllr. Louis and recognized by the Chair:

WHEREAS Lafarge Canada has indicated a possible interest in locating a concrete batch plan at the old Sterling Shipyard site in the Port of Vancouver;

WHEREAS the community has expressed its opposition to this plan and asked that the planning process which the City of Vancouver and the Vancouver Port Authority have committed to for this area be completed;

WHEREAS many of the issues concerning air quality, noise and traffic, identified by the Vancouver Port Authority's, independent Project Advisory Committee when they unanimously rejected the Lafarge proposal at the New Brighton Park, are equally pertinent at the Sterling site;

WHEREAS the Vancouver Port Authority has indicated its interest in initiating the planning process in this calendar year;

THEREFORE BE IT RESOLVED THAT Council advise the Vancouver Port Authority that it does not support locating the Lafarge concrete batch plant at the Sterling Shipyard site at this time. And calls on the VPA, together with the City and community, to complete the planning process for the area between Victoria Drive and New Brighton park prior to any consideration of the Lafarge proposal at the Sterling site.

- Notice

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Mayor Owen File: 1254

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

THAT the Mayor be granted Leave of Absence for the period of May 1 to 11, 2001 for Civic Business.

                                                                        - CARRIED UNANIMOUSLY

 

The Council recessed at 5:20 p.m., and reconvened
"In Camera" in the Mayor's Office.

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(c) 1998 City of Vancouver