Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

July 31, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, July 31, 2001, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the Director of Meetings and Elections.

"IN CAMERA" MEETING

MOVED by Councillor Bass
SECONDED by Councillor Clarke

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

(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;

CARRIED UNANIMOUSLY

ADOPTION OF MINUTES

1. Regular Council (City Services and Budgets) - July 12, 2001

MOVED by Councillor Puil
SECONDED by Councillor Don Lee

THAT the foregoing Minutes be approved, with the following amendment to Page 7, of the Report to Council of the Standing Committee of Council on City Services and Budgets:

CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)

2. Regular Council (Planning and Environment) - July 12, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor Bass

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

3. Regular Council - July 24, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

4. Special Council - July 26, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor Bass

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

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

CARRIED UNANIMOUSLY

VARY ORDER OF AGENDA

The Mayor noted Council had before it an Unfinished Business matter referred to it from the Standing Committee on Transportation and Traffic meeting held on the morning of July 31, 2001. However, Council had agreed to consider the matter at approximately 4:30 p.m. to allow the speakers from the Standing Committee meeting to attend to hear the discussion and decision on the matter. Therefore, the Council agreed to vary the order of the agenda to consider the Unfinished Business item last.

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Proposed Closure of a Portion of the South Side of Charles Street at Nanaimo Street

MOVED by Councillor Price

A. THAT Council close, stop-up and convey to the abutting owner all those portions of the south side of Charles Street at Nanaimo Street the same as shown hatched on the plan attached as Appendix "A" of the Administrative Report dated July 6, 2001, subject to the following conditions:

1. The portions of Charles Street to be closed are to be consolidated with the adjacent Lots 1 and 2 each except Part in Reference Plan 14210 and Lot 3 all Block 1, North West 1/4 of Section 33, Town of Hastings Suburban Lands, Plan 4870 the same as shown in heavy outline on Appendix "A" of the Administrative Report dated July 6, 2001, to the satisfaction of the Director of Legal Services;

B. THAT the $179,100.00 sale proceeds are to be credited to the Land Purchase Fund (the "LPF") to reimburse the LPF for the acquisition of a new City street east of Station Street, north of Industrial Avenue, and a widening of Industrial Avenue.

CARRIED UNANIMOUSLY

2. Funding for the Evelyne Saller Centre

MOVED by Councillor Bass

A. THAT Council approve the continued receipt of annual ongoing funding from the Provincial Ministry of Human Resources to provide meal service, health/hygiene service, and administration costs at the Evelyne Saller Centre.

CARRIED UNANIMOUSLY

3. Form of Development: 1055 West 41st Avenue

This report was considered by Council at its meeting on July 26, 2001.

4. Form of Development: 4498 West 8th Avenue

Also before Council was a letter, dated July 28, 2001, from Robert Brewster, requesting to speak to this matter. Mr. Brewster raised concerns about some of the central units not being one and a half stories, and the underground parking appearing to be seven to nine feet above ground level.

Larry Beasley, Director of Current Planning, addressed the concerns raised in Mr. Brewster's letter and advised staff had continued meeting with the community following the Public Hearing held on the application. Mr. Beasley also advised the community had attended a Development Permit Board hearing, requested changes, and attended the final Development Permit Board hearing, at which the development application was approved.

MOVED by Councillor Clarke

THAT the form of development for the CD-1 zoned site known as 4470 West 8th Avenue (4498 West 8th Avenue being the application address) be approved generallyas illustrated in the Development Application Number DE405433, prepared by Roger Hughes & Partners Architects and stamped "Received, City Planning Department May 9, 2001", provided that the Director of Planning may approve design changes which would not adversely affect either the development character of this site or adjacent properties.

CARRIED UNANIMOUSLY

5. 6470 Victoria Drive - South Vancouver Neighbourhood House

MOVED by Councillor Price

THAT the Director of Planning be advised that Council would favour the approval for the construction of a three-storey Neighbourhood House/Child Day-Care Building as submitted under DE405257, subject to compliance with minor outstanding conditions.

CARRIED UNANIMOUSLY

6. Award of Contract - 1353 Chess Street - Works Yard

MOVED by Councillor Don Lee

A. THAT Council authorize the General Manager of Engineering Services to enter into a contract with the Omicron Consulting Group, a registered general partnership of Omicron Technologies Ltd., Tim Loo & Associates Ltd., Bill Tucker Investments Ltd., and GR Sawatsky & Associates Ltd. ("Omicron") for:

B. THAT the General Manager of Engineering Services be authorized to execute and deliver the contract on behalf of Council once the contract is in a form which is satisfactory to the Director of Legal Services.

C. THAT no legal rights are hereby created and none shall arise unless and untilthe contract is approved as to form by the Director of Legal Services and executed and delivered by the General Manager of Engineering Services.

CARRIED UNANIMOUSLY

7. Interim Municipal Access Agreement with Urban Networks Inc.

MOVED by Councillor Puil

THAT the General Manager of Engineering Services and Director of Legal Services be authorized to conclude negotiations, and execute and deliver, an interim legal agreement ("the Interim Agreement") with Urban Networks Inc. permitting it to install and operate a fibre optic network in the City of Vancouver incorporating the general terms and conditions outlined in the Administrative Report, dated July 10, 2001, and such other terms and conditions satisfactory to the General Manager of Engineering Services and the Director of Legal Services. No legal obligations will be created or will arise until execution of the Interim Agreement.

CARRIED UNANIMOUSLY

8. Local Improvement Reballots from June 12, 2001, Court of Revision

MOVED by Councillor Clarke

A. THAT Court #601, Item #049, not be approved for lane pavement on the lane east of Ontario Street from 21st Avenue to 22nd Avenue.

B. THAT Court #601, Item #060, not be approved for lane pavement on the lane south of 12th Avenue from Stephens Street to Trafalgar Street.

C. THAT Court #601, Item #073, not be approved for speed humps on the lane east of Ontario Street from 56th Avenue to 57th Avenue.

CARRIED UNANIMOUSLY

9. Award of Contract 2001-10: Construction of Concrete Curbs and Gutters and Asphaltic Concrete Pavement on Sundry Streets

MOVED by Councillor Puil

A. THAT, subject to Recommendations B and C, Tender No. 2001-10 Construction of Concrete Curbs and Gutters, and Asphaltic Concrete Pavement on Sundry Streets be awarded to Imperial Paving Ltd., the low bidder, in the amount of $1,383,720 with funding provided from funds set aside for Local Improvement streets construction and available from existing Engineering Department Basic Capital Accounts.

C. THAT no legal rights are hereby created and none shall arise until such agreement is approved as to form by the General Manager of Engineering Services and the Director of Legal Services and has been executed and delivered by the Director of Legal Services.

CARRIED UNANIMOUSLY

10. Approval of Consultant Selection, Secondary Suites Standards and Enforcement Review

MOVED by Councillor Bass

CARRIED UNANIMOUSLY

11. Authority for Councillor Jennifer Clarke to Travel to Seattle , Washington, to attend Seattle Mental Health Court Quarterly Continuum Meetings, September25 and 26, 2001

MOVED by Councillor Sullivan

THAT Council authorize Councillor Jennifer Clarke to travel to Seattle, Washington, to attend the Seattle Mental Health Court Quarterly Continuum Meetings September 25 and 26, 2001 at an estimated cost of $ 975.00 CDN.

CARRIED UNANIMOUSLY
(Councillor Clarke did not vote on this matter)

12. Staff Exchanges

MOVED by Councillor Bass

THAT Council endorse the City's participation in the Federation of Canadian Municipalities - Municipal Partnerships Program;

FURTHER THAT the General Manager of Human Resource Services be instructed to prepare the necessary policies, procedures, and administrative guidelines that would support the City's involvement in partnership, staff exchange and secondment initiatives;

AND FURTHER THAT Staff & Organization Development, Human Resource Services maintain responsibility, on behalf of the City, for the administration of this and any other similar initiative.

CARRIED UNANIMOUSLY

13. Funding - 1353 Chess Street - Works Yard

MOVED by Councillor Puil

A. THAT Council approve funding of $5,006,000 for the new engineering Chess Street Works Yard as outlined in the Administrative Report, dated July 25, 2001, and detailed in Table 2 - Funding Source where any financing be subject to the terms and conditions acceptable to the Director of Finance.

B. THAT as part of the financing growth review, staff continue their review of the application of Development Cost Levies (DCLs) and report back on the issue of applying DCLs to civic projects.

CARRIED UNANIMOUSLY

14. Continuation of Greater.vancouver TV series

Council also had before it a letter dated July 30, 2001 from Sid Tan requesting to speak. Council agreed to refer consideration of the item to a Standing Committee meeting on Thursday, August 2, 2001.

15. Collingwood Neighbourhood House Society Gymnasium - 2001 Operating Budget

MOVED by Councillor Sullivan

THAT Council approve 2001 funding in the amount of $205,137 (a 2.5% increase over the 2000 funding), for the operation of the Collingwood Neighbourhood House Society Gymnasium; funds are provided in the 2001 Operating Budget and disbursed on a quarterly basis.

CARRIED UNANIMOUSLY

The following three reports were referred to the Standing Committee on Planning and Environment meeting of August 2, 2001, due to delegation requests and an extensive community notification.

16. Vancouver Agreement Health and Safety Initiative: Carnegie - Health Connections Outreach Program (File: 4161)

17. Vancouver Agreement Health and Safety Initiative - Redesign and Reconstruction of the South-west Corner of Main and Hastings (File: 4161/1602)

18. Blood Alley Consultant Study - Approval of Funding (File: 8104/1602)

CITY MANAGER'S POLICY REPORTS

1. Downtown South - Update on Development Cost Levy (DCL) revenue and provision of neighbourhood facilities and amenities

MOVED by Councillor Price

A. THAT Council authorize the expenditure of $1.45 million from the Downtown South Development Cost Levy Reserve for the completion of Phase 1 of the southern park (see map on page 9) for demolition, landscape design, landscape construction, and planting to be let by the Park Board, source of funds to be the Downtown South Development Cost Levy Reserve.

B. THAT the overall design for the proposed new park in Downtown South as illustrated in Appendix A of the Policy Report dated July 17, 2001, be approved in principle.

C. THAT the Director of Real Estate Services be instructed to deliver vacant possession of the properties required for Phase One at the earliest date possible.

D. THAT Staff review the Public Benefit Strategy for the Downtown South and report back with spending and funding options, prior to January 31, 2002.

CARRIED UNANIMOUSLY

2. CD-1 Text Amendment - 1650 Bayshore Drive (Bayshore Gardens)

MOVED by Councillor Price

THAT the Director of Current Planning be instructed to make application to amend CD-1 Bylaw No. 7232 for 1601-1650 Bayshore Drive, to reduce the required number of non-market housing units from 20% (150 units) to 10.7% (80 units) units generally as set out in Appendix A of the Policy Report dated July 18,2001 (as amended to replace 7% with 10.7%) in return for a payment-in-lieu to the City with a value of $1,000,000;

FURTHER THAT this application be referred to a Public Hearing and be approved, subject to conditions contained in Appendix B of the Policy Report dated July 18, 2001 (as amended to retain the east half of Building H and reduce in the payment in lieu);

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary bylaws for consideration at Public Hearing.

CARRIED
(Councillor Bass opposed)

MOVED by Councillor Sullivan

THAT, at the Public Hearing, Council consider the following as an alternative to the above motion:

A. THAT the Director of Current Planning be instructed to make application to amend the CD-1 Bylaw No. 7232 for 1601-1650 Bayshore Drive, to reduce the required number of non-market housing units from 20% (150 units) to 7% (53 units) generally as set out in Appendix A of the Policy Report dated July 18, 2001, in return for a payment-in-lieu value to the City totalling $2,000,000;

CARRIED
(Councillors Bass, Price and Puil opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Sullivan

CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend Fire By-law No. 8191 (General Amendments)

MOVED by Councillor Sullivan
SECONDED by Councillor Bass

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 Councillor Sullivan
SECONDED by Councillor Bass
THAT the By-law be given second and third readings and the Presiding Officer and Acting City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY

2. A By-law to amend Street and Traffic By-law No. 2849 (Small Motorized Vehicles) (By-law No. 8373)
MOVED by Councillor Price
SECONDED by Councillor Don Lee

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 Councillor Price
SECONDED by Councillor Don Lee
THAT the By-law be given second and third readings and the Presiding Officer and Acting City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Resolutions

1. Closing a portion of the South side of Charles Street at Nanaimo Street

MOVED by Councillor Bass
SECONDED by Councillor Don Lee

THEREFORE BE IT RESOLVED THAT That Part of Lot 1 and That Part of Lot 2 both in Reference Plan 14210, Block 1, North West 1/4 Section 33, Town of HastingsSuburban Lands, Plan 4870 now road be closed, stopped-up and conveyed to the abutting owner, and

BE IT FURTHER RESOLVED THAT the said portions of road so closed be consolidated with the abutting Lot 1 and Lot 2, each except part in Reference Plan 14210 and Lot 3, all Block 1, North West 1/4 of Section 33, Town of Hastings Suburban Lands, Plan 4870.

CARRIED UNANIMOUSLY

B. Motions on Notice

1. Council Urge Premier Campbell to adopt Special Mediator Ready's Recommendations (File: 5551)

MOVED by Councillor Bass
NOT SECONDED

WHEREAS Vancouver City Council does not meet for another 42 days;

AND WHEREAS the damage to the people of Vancouver--to families, seniors, students, children; to their health, employment, business operations, quality of life, economic efficiency, and environment has been devastating;

AND WHEREAS it is essential that transit managers and bus operators work together as a team to solve the complex issues of public transportation, including the effective distribution of service, the optimal size and capacity of buses, the inefficiencies in the Spareboard system (the Spareboard provides back-up drivers);

AND WHEREAS an imposed settlement would work in precisely the opposite direction of joint resolution of problems and optimal efficiency;

AND WHEREAS joint problem-solving recommended by mediator Ready would introduce efficiencies that would reduce the total costs to the public of resolution of this transit dispute;

AND WHEREAS mediator Ready is one of Canada's most respected mediators, having mediated 5000 disputes and been chosen to arbitrate 500 disputes in a variety of Canadian industries and regions since 1982;

THEREFORE BE IT RESOLVED THAT Vancouver City Council urge Premier Gordon Campbell and Minister of Labour Graham Bruce to call for immediateimplementation of the processes specified in mediator Vince Ready's recommendations.

Not Put

2. Public Access to Proceedings at City Hall (File: 1253)

MOVED by Councillor Clarke
SECONDED by Councillor Sullivan

THAT Council rescind the following lost motion of July 26, 2001 in order to consider a similar motion:

CARRIED BY THE REQUIRED MAJORITY
(Councillors Price and Puil opposed)

MOVED by Councillor Bass
SECONDED by Councillor Puil

WHEREAS, a cornerstone of British and Canadian democracy is the right to free, unhindered and unfettered public access to meetings of elected officials;

AND WHEREAS, the Canadian Charter of Rights guarantees freedom of expression, assembly and movement;

AND WHEREAS, public attendance at Council meetings can only be limited when Council meets in camera as defined by the Vancouver Charter,

AND WHEREAS, Section 165.5 of the Vancouver Charter only allows for a person to be expelled or excluded from a meeting for improper conduct;

AND WHEREAS, a majority (15) of the public who chose to attend the 8:00 a.m. meeting of Council on July 26, 2001 were arbitrarily denied access to an open meeting of Council, and were thereby deprived of the ability to exercise their rightsas citizens and electors;

THEREFORE BE IT RESOLVED THAT, Council guarantee all and every member of the public open and unhindered access to all public proceedings conducted by, on behalf of, or as directed by, Vancouver City Council, except as limited by the Vancouver Charter.

Amended

AMENDMENT MOVED by Councillor Clarke
SECONDED by Councillor Sullivan

B. THAT the following be substituted for the resolves in the motion on Public Access to Proceedings at City Hall:

CARRIED
(Councillor Bass opposed)

MOTION AS AMENDED

RESOLVED THAT Council reaffirm its commitment to open and unhindered access to all public proceedings conducted by Vancouver City Council, except as limited by the Vancouver Charter.

CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. False Accusations by City Councillors (File: 1251)

Councillor Bass noted accusations made by several Council members against him relating to the recent demonstrations on the transit strike at Council Chambers and Councillor Puil's home.

Councillor Bass requested the City Solicitor to provide a response to the following enquiry: what protection does a City Councillor have against false accusations made by another elected official inside Council Chambers and outside of Council in public?

2. Request to Declare Public Transit an Essential Service (File: 5551)

MOVED by Councillor Price
SECONDED by Councillor Sullivan

WHEREAS the damage to the people of Vancouver - to families, seniors, students, children; to their health, employment, business operations, quality of life, economic efficiency, and environment has been devastating;

THEREFORE BE IT RESOLVED THAT Council ask the Provincial Government to give consideration to declaring public transit to be an essential service.

Carried

AMENDMENT MOVED by Councillor Bass
NOT SECONDED

Not Put

The amending motion not being put, Councillor Price's motion was put and CARRIED UNANIMOUSLY.

- - - - -

The Council recessed at 4:20 p.m., and following an "In Camera" meeting in the Mayor's Office, reconvened in open session at 5:05 p.m., with all members in attendance present, with the exception of Councillor Puil.

UNFINISHED BUSINESS

1. Grandview Highway North - Greenway/Bikeway Planning

The Standing Committee on Transportation and Traffic, at its meeting on July 31, 2001, concluded hearing from speakers on the Administrative Report, dated June 22, 2001, entitled "Grandview Highway North - Greenway/Bikeway Planning". Due to time constraints, the Committee referred discussion and decision to the Regular Council meeting to be held at 2:00 p.m. the same day.

MOVED by Councillor Price
SECONDED by Councillor Clarke

B. THAT Council approve $30,000 from the Streets Basic Capital Unappropriated Account No. 30000134 (City Greenway) for temporary staff to design and conduct public consultation of the Central Valley Greenway/bikeway on Grandview Highway North between Commercial and Clark drives, including the potential for further traffic calming measures.

CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)

MOVED by Councillor Bass
SECONDED by Councillor Price

THAT staff, while conducting a survey of houses east of Commercial, also conduct a survey of houses west of Commercial, in the area bounded by Broadway, Clark Drive, Grandview Highway North and Commercial, enquiring about a range of trafficcalming measures.

LOST
(Councillors Clarke, Don Lee, Price, Sullivan and the Mayor opposed)
(Councillor Puil absent for the vote)

The Council adjourned at 5:40 p.m.

* * * * *

ag010731.htm

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