CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

OCTOBER 30, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 30, 2001, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:	Mayor Philip Owen *Councillor Fred Bass Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Jennifer Clarke (Leave of Absence) Councillor Lynne Kennedy (Sick Leave)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Marg Fudge, Acting 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 Acting City Clerk.

"IN CAMERA" MEETING

MOVED by Councillor Sullivan
SECONDED by Councillor Daniel Lee

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 OCTOBER 16, 2001

· Appointments to the Development Permit Board Advisory Panel
Council appointed Janet Leduc, Michael Mortensen and Peter Kavanagh to the Development Permit Board Advisory Panel

ADOPTION OF MINUTES

1. Regular Council (City Services and Budgets) - October 4, 2001

MOVED by Councillor Puil
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

2. Business License Hearing - October 16, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

3. Regular Council - October 16, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

4. Special Council (Public Hearing) - October 16, 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 McCormick

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

CARRIED UNANIMOUSLY

REPORT REFERENCE

1. TransLink Funding (File: 5561)

Pat Jacobsen, Chief Executive Officer, TransLink, gave a presentation on TransLink's funding shortfall and the transportation choices facing the region. TransLink has embarked upon an extensive process to solicit comments, ideas, and concerns. Today's presentation is the third to the last of a series of presentations to Regional Councils, leading up to a public meeting to be held in the evening of November 1 to hear from Vancouver residents. A decision on the available choices will be made by the Council-of-Councils on November 17, the TransLink Board on November 23, and the GVRD Board on November 30.

Following the presentation, Ms. Jacobsen, with Ian Jarvis, Vice-President, Finance and Administration; Clive Rock, Manager, Strategic Planning; and Glen Leicester, Manager, Implementation Planning, TransLink; responded to questions.

MOVED by Councillor Puil

THAT the Report Reference on TransLink funding be received for information.

CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Form of Development: 3588 Crowley Drive

October 16, 2001 (File 2604)

MOVED by Councillor McCormick

THAT the form of development for this portion of the CD-1 zoned site known as 3428-3600 Crowley Drive (3588 Crowley Drive being the application address) be approved generally as illustrated in the Development Application Number DE405823, prepared by Lawrence Doyle Architect Inc. and stamped "Received, Community Services, Development Services October 9, 2001" provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.

CARRIED UNANIMOUSLY

2. Form of Development: 63 East Hastings Street

October 16, 2001 (File 2606)

MOVED by Councillor Don Lee

THAT the form of development for the CD-1 zoned site known as 63 East Hastings Street (55-67 East Hastings Street being the application address) be approved generally as illustrated in the Development Application Number DE405409, prepared by Gomberoff Bell Lyon Group of Architects Inc. and stamped "Received, Community Services Group - Development Services September 10, 2001", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.

CARRIED UNANIMOUSLY

3. Pooh Corner Daycare

October 16, 2001 (File 1805)

MOVED by Councillor McCormick

A. THAT the contract for the renovation of Pooh Corner Daycare, 975 LagoonDrive, be awarded to Darwin Construction Ltd. up to the amount of $395,097; source of funding to be as set out in the Administrative Report, dated October 16, 2001 entitled "Pooh Corner Daycare".

B. THAT up to $25,000 additional funds be allocated from the Triangle West Community Amenity Contributions (C.A.C.) to cover the funding shortfall due to the additional costs to the project for the removal and mitigation of lead paint not included in the original budget.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

4. Sponsor Selection for Non-Market Housing at 5616 Fraser Street

October 16, 2001 (File 4664)

MOVED by Councillor Puil

THAT Triage Emergency Services and Care Society be named as the sponsor of non-market housing for the City-owned site at 5616 Fraser Street, subject to review by Council if the project has not started construction by the end of 2003.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

5. Proposed Encroachment Agreement for a Portion of Yale Street, in the Vicinity of the Commissioner Overpass

October 11, 2001 (File 1203)

MOVED by Councillor Price

THAT Council authorize the Director of Legal Services to enter into an "Encroachment Agreement" for the purpose (of construction) of rail lines with Canadian Pacific Railway Company for all that portion of Yale Street, adjacent to (City-owned) Lot 3 and (privately-owned) Lot 4, both Block U, District Lot 1216, Town of Hastings, Plan 21509, and (City-owned) Parcel 1, Town of Hastings, and Bed and Foreshore of Burrard Inlet, Plan LMP 40200, the same as shown hatched and marked "Encroachment Area" on the plan attached as Appendix "A" to the Administrative Report, dated October 11, 2001 entitled "Proposed Encroachment Agreement for a Portion of Yale Street, in the Vicinity of the Commissioner Overpass", subject to the following conditions:

1. The Encroachment Agreement to be registered against Canadian Pacific Railway Company owned Lot G and Lot H, Town of Hastings, Plan16178;

2. The Encroachment Agreement to contain a three (3) month notice of termination should the Encroachment Area be required for any municipal purpose;

3. The fee to be $10.00 for the term;

4. The Encroachment Area to be used for installation of railway tracks;

5. There are to be no buildings or structures other than railway tracks on the Encroachment Area;

6. Canadian Pacific Railway Company to maintain the Encroachment Area in a neat, tidy and safe condition, including responsibility for drainage, to the satisfaction of the City Engineer;

7. Upon expiry or termination of the Encroachment Agreement, Canadian Pacific Railway Company is to be responsible for restoration of the Encroachment Area to the satisfaction of the City Engineer;

8. The City and utility companies are to have the right of entry, at any time, to the Encroachment Area for the purpose of installing, maintaining, and repairing public utilities;

9. Canadian Pacific Railway Company to assume full responsibility for liability, loss and damage resulting from their use of the encroachment area;

10. The Encroachment Agreement to be to the satisfaction of the Director of Legal Services and the City Engineer, and may contain other terms and conditions to the satisfaction of the Director of Legal Services; and

11. No legal rights or obligations shall be created hereby and none shall arise hereafter until execution of the Encroachment Agreement.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

6. Form of Development: 4685 Valley Drive

October 30, 2001 (File 2609)

MOVED by Councillor Puil

THAT the form of development for this portion of the CD-1 zoned site known as 1925 West 33rd Avenue (4685 Valley Drive being the application address) be approved generally as illustrated in the Development Application Number DE405780, prepared by Nigel Baldwin Architects Ltd. and stamped "Received, Community Services, Development Services August 28, 2001", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Puil

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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

CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend Sign By-law No. 6510 (Prohibiting billboards within 60 metres of guideways or rail tracks) (By-law No. 8382)

MOVED by Councillor Don Lee
SECONDED by Councillor 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 Councillor Don Lee
SECONDED by Councillor McCormick

THAT the By-law be given second and third readings and the Mayor and Acting City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY
(The Mayor and Councillor Puil excused from voting on By-law 1)

MOTIONS

A. Administrative Motions

None.

B. Motions on Notice

1. Rejection of TransLink Fare Increases Before 2003 (File: 5561)

At its meeting on October 16, 2001, the following Notice of Motion was submitted by Councillor Louis and recognized by the Chair:

MOVED by Councillor Louis
SECONDED by Councillor Bass

WHEREAS the Livable Region Strategic Plan of the Greater Vancouver Regional District supports (page 8) in its transportation objective: "the increased use of public transit and reduced dependence on the single-occupant automobile..[and this] relies upon...significant expansion in transit facilities and services";

AND WHEREAS, despite a 17 per cent increase in fares in June 2000 and promises by TransLink they would get more services, transit users are now faced with cuts to the night owl service, cancellation of new bus orders and termination of several bus routes;

AND WHEREAS, TransLink is proposing another 14 per cent increase in transit fares in 2002, a year ahead of the schedule originally proposed in TransLink's Strategic Transportation Plan 2000-2005;

AND WHEREAS, if the newest fare increase is approved, a public transit user who makes 16 one-zone, round-trips per month will now be paying an additional $192 annually since TransLink assumed control of the transit system in 1998 - a far greater contribution towards financing TransLink than the proposed $30-60 per year gas taxor the $22 per year property tax;

AND WHEREAS, raising transit fares would inhibit transit use, rather than promote it;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council calls upon TransLink to reject any future increases in transit fares before 2003.

Postponed Indefinitely

MOVED by Councillor Puil
SECONDED by Councillor Sullivan

THAT consideration of the Motion on Rejection of TransLink Fare Increases before 2003 be postponed indefinitely.

CARRIED
(Councillors Bass and Louis opposed)

2. 2001 Civic Childcare Grants Program Delegations (File: 2402)

MOVED by Councillor Louis

WHEREAS, the Boat Daycare Society applied for a 2001 Civic Childcare Grant;

AND WHEREAS, the notification process for Civic Childcare Grant applicantsregarding the awarding of grants is that grant applicants are notified by the City Clerk's Office that the report - with the Social Planning Department's recommendations - is going to City Council for deliberation on a set date;

AND WHEREAS, contrary to the notification process, notification to 2001applicants was not given by the City Clerk's Office before the July 10, 2001 City Council vote on the Social Planning Department's recommendations regarding the 2001 Civic Childcare Grants;

AND WHEREAS, as a result of the City Clerk's Office's error, the Boat Daycare Society was not given an opportunity to speak to Council about the merits of their grant application;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council agree to hear from the Boat Daycare Society and any other delegations regarding the 2001 Civic Childcare Grants Program at the appropriate committee.

Notice

Councillor Puil called Notice under Section 7.2 of the Procedure By-law.

3. Approval of GVRD Liquid Waste Management Plan (File: 3753)

MOVED by Councillor Bass

WHEREAS Vancouver is committed to the Livable Region Strategy of the GVRD, which, under its "Protect the Green Zone" strategy, is entrusted to "minimize water pollution from urban development and fulfill Greater Vancouver's role in maintaining environmental quality in the Georgia Basin";

AND WHEREAS the Vancouver Sun of Oct. 26, 2001 reported that Environment Canada's laboratory tests of the outflow from both the Lions Gate and Iona Island sewage treatment plants consistently failed toxicity tests, in marked contrast to the GVRD's own passing tests for these same plants in 2000 and 2001;

AND WHEREAS these two plants, according to the Sun, discharge 257 billion litres of incompletely-treated sewage into the sea around us, and, what is toxic for fishes must ultimately be unsustainable for people;

AND WHEREAS the GVRD has arbitrarily redefined "unacceptable pollution" in terms of measured damage to the environment instead of the standard accepted by the Supreme Court of Canada which concerns the characteristics of the liquid that flows into the environment;

AND WHEREAS, according to the Sun article, the GVRD's claim that it is not polluting would promote a fundamental change in the way pollution is defined in Canada;

AND WHEREAS Council's Planning and Environment Committee was informed last March that the draft Liquid Waste Management Plan does not meet the Environment Canada requirement that GVRD effluent discharges must not violate the Fisheries Act;

AND WHEREAS Council approved the draft regional Liquid Waste Management Plan before being made aware of the Environment Canada tests conducted between May and October, 2001;

AND WHEREAS the draft Liquid Waste Management Plan has not received approval by BC Water, Land and Air Protection Minister Joyce Murray who also may not have been aware of these failing test results;

AND WHEREAS the Sierra Legal Defense Fund and other organizations have just asked Minister Murray to reject the GVRD's liquid waste management plan becauseof its failure to provide secondary sewage treatment;

AND WHEREAS Councillor Puil, the GVRD and the GVS&DD are exposing themselves to substantial liabilities under the Fisheries Act, which according to the Vancouver Sun, could amount to $1 million and three months prison per violation;

THEREFORE BE IT RESOLVED THAT Council invite Environment Canada Director Brian Wilson to brief Council on these unacceptable test results, on the GVRD's proposed Liquid Waste Management Plan which ignores the court-tested Canadian standard for pollution, on the threat this plan may pose to the environmental integrity of the Fraser Basin; and on actions Environment Canada would take under the Fisheries Act;

AND BE IT FURTHER RESOLVED THAT Council ask the Minister of Water, Land, and Air, Joyce Murray, to withhold approval of the draft Liquid Waste Management Plan (LWMP) until Council has an opportunity to consider the implications of information provided by Environment Canada and reconsider its initial approval of the GVRD Liquid Waste Management Plan.

Notice

Councillor Puil called Notice under Section 7.2 of the Procedure By-law.

NOTICE OF MOTION

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

1. Property Endowment Fund Board Meetings (File: 3131)

WHEREAS, the Property Endowment Fund Board (PEFB) is comprised of Mayor Philip Owen, Councillor Jennifer Clarke, Councillor George Puil, the City Manager, and the Director of Finance;

AND WHEREAS, the PEFB was established by resolution of Council on June 17, 1975 for the purpose of managing the Property Endowment Fund (PEF);

AND WHEREAS, the objectives of this fund are:
· to manage and develop the Fund's holdings in order to generate a reasonable economic return;
· to buy and sell lands in order to assemble a land inventory that offers the best possible opportunity to preserve and where possible increase the real value of the PEF's assets;
· to support the City's public objectives; and
· to develop a program to accomplish the conversion of non-strategic holdings to strategic ones;

AND WHEREAS, all Councillors are elected to ensure the public's assets are prudently and wisely invested;

AND WHEREAS, Mayor Philip Owen stated to Councillor Tim Louis in July 2001 that Councillors who are not on the PEFB are not legally permitted to attend meetings of the board;

AND WHEREAS, Section 164.1 to 165.7 of the Vancouver Charter requires that the public be informed of the PEFB meetings;

AND WHEREAS, all Councillors not appointed to the PEFB are not given notice of PEFB meeting;

AND WHEREAS, despite requests to city staff, Councillor Tim Louis has not been given access to minutes of previous PEFB meetings;

AND WHEREAS, Section 168 of the Vancouver Charter requires that a bona fide request for the inspection of any record or document of the city, subject to reasonable regulations as to the time and manner of such inspection, or for a copy thereof, shall be complied with, unless for good cause the Director of Finance otherwise directs;

AND WHEREAS, a Vancouver citizen recently applied under the Freedom of Information and Protection of Privacy Act and won access to the agendas and minutes of the last four PEFB meetings;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council:

(a) give public notice of the agenda and date of meetings of the Property Endowment Fund Board;
(b) make the Property Endowment Fund Board open to all Councillors; and
(c) make the minutes of Property Endowment Fund Board meetings public, except where it is appropriate to keep minutes In Camera.

Notice

ENQUIRIES AND OTHER MATTERS

1. Ecstasy Drug Deaths at Weekend Rave (File: 4113)

Councillor McCormick referred to two deaths at a weekend rave linked to the drugecstasy. She enquired if the City could do anything further in the future to prevent similar deaths.

The City Manager advised Permits and Licences, Police and Fire Departments provide whatever protection they can. City staff are present and are doing everything they can to ensure the safety of those in attendance at raves.

The Mayor noted Council may wish to revisit the City's procedure on raves at some future time.

The Council recessed at 4:50 p.m., and
reconvened "In Camera" in the Mayor's Office.

* * * * *

(c) 1998 City of Vancouver