CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

NOVEMBER 6, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, November 6, 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 Sam Sullivan
ABSENT:	Councillor George Puil (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Marg Fudge, Acting City Clerk Tarja Tuominen, Meeting Coordinator

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the Acting City Clerk.

"IN CAMERA" MEETING

MOVED by Councillor McCormick
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 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) - October 18, 2001

MOVED by Councillor Clarke
SECONDED by Councillor Daniel Lee

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

2. Regular Council (Planning and Environment) - October 18, 2001

MOVED by Councillor Kennedy
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

3. Regular Council - October 30, 2001

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

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

CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Firefighter Community CPR/First Aid Training

June 5, 2001 (File: 1377)

MOVED by Councillor McCormick

THAT the Administrative Report dated June 5, 2001, entitled "Firefighter Community CPR/First Aid Training" be received for information.

CARRIED UNANIMOUSLY

2. Local Improvements by Petition - December 4, 2001

First and Second Step Report
October 19, 2001 (File: 5804-12)

MOVED by Councillor Louis

A. THAT petition projects listed in Appendix I of the Administrative Report dated October 19, 2001, entitled "Local Improvements by Petition - December 4, 2001 - First and Second Step Report" be brought before a Court of Revision on December 4, 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 October 19, 2001, entitled "Local Improvements by Petition - December 4, 2001 - First and Second Step Report". Source of funds for the total City's share of $963,954 is $940,358 from existing Engineering Department Basic Capital Accounts and $23,596 subject to approval of the 2002 Street Basic Capital Budget.

C. THAT project Numbered 15, for pavement and curbs on Manitoba Street from 20th Avenue to 21st Avenue, be brought before a Court of Revision on December 4, 2001, but that tree planting be excluded from this project.

D. THAT pavement and curb project numbered 17, as described in Appendix I of the Administrative Report dated October 19, 2001, entitled "Local Improvements by Petition - December 4, 2001 - First and Second Step Report", be designated as a thoroughfare for the purposes of Part I of the Local Improvements Procedure By-law, so that abutting residential property owners' rates are reduced by the required 25%.

CARRIED UNANIMOUSLY

3. Replacement of Obsolete Microcomputers

October 29, 2001 (File: 4004)

MOVED by Councillor Don Lee

THAT Council approves the replacement of approximately 250 obsolete microcomputers and related components at an estimated cost of $475,000, to be funded from the Information Technology Long-Term Financing Plan.

CARRIED UNANIMOUSLY

4. Framework for Action - Status Report

October 29, 2001 (File: 4113)

MOVED by Councillor Clarke

A. THAT the Administrative Report, dated October 29, 2001 entitled "Framework for Action - Status Report" be received for information.

B. THAT the following action (Action 18 listed in the Revised "A Framework for Action", dated April 24, 2001) be included in the Draft Framework for Action Pilot Project:

Action #18: Take steps to initiate clinical trials of a range of medications (including LAAM and Buprenorphine) for heroin and (amphetamines and cocaine) for cocaine addiction in order to increase the options that doctors have available for treatment for those who are methadone-resistant or who have not responded to treatment options over the long term.

C. THAT staff prepare a report back on the evaluation framework, outlining: whatis going to be evaluated; who will be evaluated; who will be doing the evaluating; what data or criteria are going to be measured and at what times; and, at what intervals the evaluation reports will come back to Council.

CARRIED
(Councillor Bass opposed to A)

5. Business License Hearing Panel for November 19, 2001

October 29, 2001 (File: 2711-1)

MOVED by Councillor McCormick

THAT Council delegate the holding of a business license hearing presently scheduled for November 19, 2001 to a panel of three Council Members, pursuant to Section 277.1 of the Vancouver Charter, as follows:

The business license hearing pursuant to Section 275 of the Vancouver Charter regarding the 2001 Business License held by Hien Nguyen for 8061 Fraser Street and the power to make a Council decision in relation to that hearing be delegated to:

Councillor Lynne Kennedy, Chair
Councillor Don Lee
Councillor Tim Louis

Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the hearing be delegated to the remaining two Councillors and Councillor Sam Sullivan.

CARRIED UNANIMOUSLY

CITY MANAGER'S POLICY REPORTS

At 4:00 p.m., Councillor Louis declared Conflict of Interest for Policy Report 1, as he sits on the Vancouver/Richmond Health Board. Councillor Louis left the Council Chamber and did not return until the conclusion of the vote on the report.

1. CD-1 Text Amendment - 855 West 12^th Avenue (Vancouver General Hospital)

October 19, 2001 (File: 5308)

MOVED by Councillor Kennedy

THAT the application by Mark Betteridge, Development Consultant, to amend CD-1 By-law No. 4472 for 855 West 12th Avenue (Legal Description Listed in Appendix Jof the Policy Report dated October 19, 2001) to permit Medical Technology uses, service uses and retail uses, special needs residential facility - congregate housing, and residential uses in addition to hospital uses, and to increase the permissible site coverage and floor space, be referred to a Public Hearing, together with:

(i) a Preliminary Development Plan received January 18, 2001;
(ii) draft CD-1 By-law amendments generally as contained in Appendix A of the Policy Report dated October 19, 2001; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B of the Policy Report dated October 19, 2001;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 amending By-law for consideration at Public Hearing, including a consequential amendment to the Sign By-law to establish regulations for this CD-1 in accordance with C-2C District provisions;

AND FURTHER THAT, subject to approval of the rezoning at a Public Hearing, the Director of Legal Services be instructed to prepare and bring forward an amendment to the Noise Control By-law to include this CD-1 in Schedule B at the time of enactment of the zoning by-law.

CARRIED UNANIMOUSLY
(Councillor Louis absent for the vote)

- - - - -

The Council recessed at 4:05 p.m., and following an In Camera meeting in the Mayor's Office, reconvened in open session at 5:10 p.m., with all members present

- - - - -

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

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

CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Motions

None.

B. Motions on Notice

1. 2001 Civic Childcare Grants Program Delegations (File: 2402)

At the Council meeting of October 30, 2001, Councillor Louis submitted the following motion. Councillor Puil called Notice under Section 7.2 of the Procedure By-law.

MOVED by Councillor Louis
SECONDED by Councillor Bass

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

AND WHEREAS, the notification process for Civic Childcare Grant applicants regarding 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.

CARRIED
(Councillors Kennedy, Daniel Lee, Don Lee, and the Mayor opposed)

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

At the Council meeting of October 30, 2001, Councillor Bass submitted the following motion. Councillor Puil called Notice under Section 7.2 of the Procedure By-law.

MOVED by Councillor Bass
SECONDED by Councillor Louis

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 because of itsfailure 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.

Postponed

Also before Council was a letter, dated November 1, 2001, from the Society Promoting Environmental Conservation requesting to speak on the matter.

Dave Rudberg, General Manager of Engineering Services, advised the test results are also a matter of concern for City staff. Staff are in the process of gathering further information and will be preparing a report to Council.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

THAT consideration of the Motion on "Approval of GVRD Liquid Waste Management Plan" and the hearing of any speakers on the matter be postponed pending the receipt of the staff report.

CARRIED
(Councillors Bass and Louis opposed)

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

At the Council meeting of October 30, 2001, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Louis
SECONDED by Councillor Bass

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.

Not put

MOVED by Councillor Louis
SECONDED by Councillor Bass

A. THAT Vancouver City Council:

· give public notice of the agenda and date of meetings of the Property Endowment Fund Board;
· make the minutes of Property Endowment Fund Board meetings public, except where it is appropriate to keep minutes In Camera.

B. THAT Council postpone consideration of the following motion:

"THAT Vancouver City Council make the Property Endowment
Fund Board open to all Councillors"

pending a report back from the City's Legal Department on:
· the legal authority, if any, of the Mayor to prohibit Councillors who are not on the PEF Board from attending PEF Board meetings; and
· does Council have the ability to decide that some members of Council can attend a meeting, such as the PEF Board, and other Councillors cannot.

CARRIED
(Councillor Sullivan and the Mayor opposed to B)

4. Review of Travel Policy (File: 1254)

At the Council Meeting of November 1, 2001, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Bass
SECONDED by Councillor Louis

WHEREAS, it is the responsibility of Vancouver City Council to be as frugal as possiblewith taxpayers' money;

AND WHEREAS, from 1998 to 2000, the Mayor and City Councillors spent $161,961.40 on expenses related to attending training, meetings or conferences;

AND WHEREAS, recent newspaper reports have brought to light that some members of City Council are travelling business class on airplanes;

AND WHEREAS, Council voted recently to limit members' participation in national committees, in part on the grounds of controlling travel expenditure;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council request staff to prepare a report on:

(a) the City of Vancouver's current travel policy for City officials, comparing the City's policy to the policies of other Greater Vancouver Regional District municipalities; and

(b) the economic and managerial justification for City officials to fly business class.

Not Put

The Mayor referenced Section 5.13 of the Procedure By-law and advised he would not consider the foregoing motion as the matter was previously decided by Council on October 16, 2001. He advised the motion before Council today is substantially the same. No further action was taken.

The Council adjourned at 6:15 p.m.

* * * * *

(c) 1998 City of Vancouver