CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

JANUARY 22, 2002

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, January 22, 2002, 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 George Puil Councillor Sam Sullivan
ABSENT:	Councillor Gordon Price (Sick Leave)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Syd Baxter, City Clerk Tarja Tuominen, Meeting Coordinator

PRAYER

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

"IN CAMERA" MEETING

MOVED by Councillor McCormick
SECONDED by Councillor Kennedy

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 toparagraph:

(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

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF JANUARY 15, 2001

· Council made appointments to the Gastown Historic Area Planning Committee. Names of those appointed can be obtained from the City Clerk's Office.

ADOPTION OF MINUTES

1. Regular Council - January 15, 2002

MOVED by Councillor Bass
SECONDED by Councillor Don Lee

THAT the Minutes be amended by inserting a notation onto Page 16, that Council postponed discussion of the Motion subsequent to the matter being considered by the UBCM.

LOST
(Councillors Clarke, Kennedy, Daniel Lee, McCormick, Puil, Sullivan and the Mayor opposed)

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

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. Capital Plan History and Process for 2003-2005 (File: 1611)

Brent MacGregor, Deputy City Manager, and Estelle Lo, General Manager of Corporate Services, presented a verbal report reference on the history of the Capital Plan and the process for 2003-2005 Capital Plan projects and programs. Mr. MacGregor introduced the Capital Plan Staff Review group members, explained the capital expenditure program and described the 2003-2005 Capital Plan planning process and schedule. Ms. Lo explained the financing of the Capital Plan and, with Mr. MacGregor, responded to questions.

MOVED by Councillor Louis,

THAT the public consultation process for the 2003-2005 Capital Plan be brought before Council for approval prior to implementation in June.

Withdrawn

Upon receipt of information the public consultation process will be included in a staff report to Council in February on the 2003-2005 Capital Plan, Councillor Louis asked permission to withdraw his motion. Council so agreed.

MOVED by Councillor McCormick

THAT the Report Reference on the Capital Plan history and process for 2003-2005 be received for information.

CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Establishment of City Owned Lot at 800 Quebec Street for Road Purposes

January 2, 2002 (File: 5807)

MOVED by Councillor Don Lee

THAT Council approve the establishment of City-owned Lot 18, District Lot 2037, Plan 5568 for road purposes.

CARRIED UNANIMOUSLY

2. FCM, UBCM and LMMA Membership Fees: 2002-2003

January 2, 2002 (File: 123/3252/3253)

MOVED by Councillor Kennedy

THAT grants to the following organizations for the 2002-2003 membership fees be approved, the source of funds being the 2002 Operating Budget:

1. Federation of Canadian Municipalities $54,070.84
2. Union of British Columbia Municipalities $37,186.13
3. Lower Mainland Municipal Association $1,000.00.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

3. 2001-2002 Community Public Art Grant Allocations

January 8, 2002 (File: 3130)

MOVED by Councillor Puil

A. THAT Council approve grants totalling $75,000 to 5 organizations for projects listed in Appendix A, of the Administrative Report, dated January 8, 2002 entitled "2001-2002 Community Public Art Grant Allocations"; source of funds to be the Public Art Unallocated Capital Account.

B. THAT funds be released on the authority of the Director, Office of Cultural Affairs after Park Board approval of projects intended for Park sites, and after Engineering or other civic staff have resolved any outstanding technical or administrative concerns.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

4. City Telecommunications Duct License Agreement with Urban Networks Inc.

January 10, 2002 (File: 5806)

MOVED by Councillor Louis

THAT the General Manager of Engineering Services and Director of Legal Services be authorized to conclude negotiations, and execute and deliver a license agreement ("the License Agreement") with Urban Networks Inc. permitting it to install and operate afibre optic network in certain City of Vancouver ducts incorporating the general terms and conditions outlined in the Administrative Report, dated January 10, 2002, entitled "City Telecommunications Duct License Agreement with Urban Networks Inc." 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 License Agreement.

CARRIED UNANIMOUSLY

5. 2002 Debenture Program

January 10, 2002 (File: 1611)

MOVED by Councillor Puil

A. THAT, under the authority provided in Section 242 of the Vancouver Charter, Council approve the following borrowing authorities in advance of the 2002 Capital Budget:

- Sewers (Vancouver Charter, s. 242) $12,985,000
- Waterworks (Vancouver Charter, s. 242) $ 9,950,000
- Public Works and Fire (plebiscite authority) $10,573,600
- Parks and Recreation (plebiscite authority) $ 4,015,700

Total $37,524,300

B. THAT the City proceed to market a City of Vancouver debenture issue of up to $100 million.

C. THAT the Director of Finance be empowered to act and instruct the City's Fiscal Agent to proceed with the issue, after consultation with the Mayor, the Chair of the City Services and Budgets Committee, and the City Manager, or a majority of them, and to set the rate, price, and other terms on which the debentures will be marketed.

CARRIED UNANIMOUSLY

CITY MANAGER'S POLICY REPORTS

1. CD-1 Rezoning - 1402 and 1420 Kingsway and 4050 Knight Street

January 17, 2002 (File: 5305)

MOVED by Councillor McCormick

A. THAT the Director of City Plans be instructed to make application to rezone1402 and 1420 Kingsway and 4050 Knight Street (Lots 1 and 2, Block 1 and 3, DL 352 Plan 45824, and Lot B, Block 1 and 3, DL 352, Plan 45560) from C-2 to CD-1 , generally as contained in Appendix A of the Policy Report dated January 17, 2002, entitled "CD-1 Rezoning - 1402 and 1420 Kingsway and 4050 Knight Street", to permit most of the uses included in the C-2 schedule, and to establish the form of development as approved by Development Permit No. 29811; and that the application be referred to a Public Hearing; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing, including an amendment to the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (C-2).

B. THAT the Director of City Plans be instructed to report any development applications for these sites to Council for possible withholding pursuant to Section 570 of the Vancouver Charter.

C. THAT, subject to the approval of the rezoning and enactment of the CD-1 By-law, Planning Department staff be instructed to consider future application to amend the CD-1 By-law for appropriate redevelopment of the site in accordance with the KCC Community Vision.

CARRIED UNANIMOUSLY

OTHER REPORTS

I. Report of Vancouver Civic Theatres Board

December 13, 2001

Cl. 1: Amendment to Vancouver Civic Theatres Board By-law No. 3941 (File: 113)

MOVED by Councillor Louis

THAT the Director of Legal Services be instructed to bring forward the necessary by-law amendment to Section 2.A.(2) of the Vancouver Civic Theatres Board By-law No. 3941, by adding a further condition, as follows:

(iv) not be a Licensee or other user of any Civic Theatre, or an officer, director or employee of any such licensee or other user.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Daniel Lee

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
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 By-law No. 7652, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (245 Alexander Street [289 Alexander Street]) (By-law No. 8424)

MOVED by Councillor Bass
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 Bass
SECONDED by Councillor McCormick

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

CARRIED UNANIMOUSLY
(Councillors Clarke, Kennedy, Daniel Lee and Louis excused from voting)

2. A By-law to amend Noise Control By-law No. 6555 (289 Alexander Street) (By-law No. 8425)
MOVED by Councillor Bass
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 Bass
SECONDED by Councillor McCormick

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

CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Motions

1. Establishment of Land for Road Purposes (Lot 18, District Lot 2037, Plan 5568, Group One, New Westminster District - 800 Quebec Street) (File: 5807)

MOVED by Councillor McCormick
SECONDED by Councillor Bass

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

City of Vancouver
Parcel Identifier: 016-658-515
Lot 18
District Lot 2037
Plan 5568

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 are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

CARRIED UNANIMOUSLY

2. Establishment of Road for Left Turn Bays on Clark Drive at 6^th Avenue (File: 5807)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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:

All that portion of Lots 3 to 8, (Except Part in Plan 4904 and the West 10 feet, now lane), Block 94, District Lot 264A, Plan 442 and 1771, Group One, New Westminster District, as shown heavy outlined on plan of survey completed on the 5th day of January, 2001, attested to by Fred Wong, B.C.L.S., and marginally number LD3740;

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 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)

B. Motions on Notice

1. Immediately Placing in Service TransLink's 50 Natural Gas Buses (File: 5554)

At the Council meeting of January 15, 2002, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Bass
SECONDED by Councillor Louis

WHEREAS, TransLink is in possession of 50 natural-gas buses whose exhaust is much more friendly to the environment and to humans than is that of diesel buses;

AND WHEREAS, the 50 natural gas buses are not in service because of budget shortfalls;

AND WHEREAS, diesel buses are being used by TransLink instead of the natural-gas buses;

AND WHEREAS, diesel buses contribute excessive quantities of smog-causing nitrogen oxides and excessive quantities of particulate matter, both of which likely contribute to chronic lung disease, lung cancer, heart disease and the rising incidence of asthma;

AND WHEREAS, a 1997 study by the Crown Corporation Secretariat on BC Transit fuel choices determined that particulates and nitrogen oxides have the greatest impact on air quality in the GVRD and are most associated with health concerns;

AND WHEREAS, diesel exhaust has been classified as a probable human carcinogen by the International Agency for Research on Cancer and by the US Environmental Protection Agency;

AND WHEREAS, a November 23, 2000 report to Council noted that the GVRD should take steps to "work together with other agencies and levels of government to encourage programs which will reduce future diesel particulate matter emissions";

AND WHEREAS, one fifth of all buses now in production are natural gas buses, which are substantially less polluting than are diesel buses;

AND WHEREAS, the cost of operating the 50 natural-gas buses is estimated to be between $12,000 and $20,000 per bus per year;

THEREFORE BE IT RESOLVED THAT Vancouver City Council request TransLink to:

A. give full weight to health and environmental considerations before implementing future cost-cutting measures; and

B. immediately place in service its 50 natural-gas buses.

Referred

MOVED by Councillor Puil
SECONDED by Councillor Don Lee

THAT the issue of the 50 natural-gas buses be referred to Coast Mountain Bus Company and the Company be requested to conduct an in-depth study to determine what should be done with the buses.

Carried

AMENDMENT MOVED by Councillor Bass
SECONDED by Councillor Louis

THAT the matter be referred to Coast Mountain Bus Company after hearing from the people who wish to speak.

Not Put

The Chair ruled the amendment was out of order.

The amendment being ruled out of order, Councillor Puil's motion was put and CARRIED with Councillors Bass and Louis opposed.

2. Meeting on Provincial Government Cuts to Services and Programs (File: 1263)

At the Council meeting of January 15, 2002, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Louis
SECONDED by Councillor Bass

WHEREAS, the provincial government is responsible for the delivery of programs and services including healthcare, justice, child protection, housing, human rights protection, alcohol and drug treatment, and environmental protection that are essential to the safety and well-being of all Vancouver residents;

AND WHEREAS, anticipated cuts to many of those services by the provincial government could seriously jeopardize the safety and well-being of Vancouver residents;

AND WHEREAS, the City of Vancouver could find itself in a position of funding replacement services and programs for those previously provided by the province;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council seek an immediate meeting with Premier Gordon Campbell and the provincial cabinet to determine the implications of provincial service and program cuts to the citizens of Vancouver.

Referred

Also before Council was a letter dated January 16, 2002, from the Society PromotingEnvironmental Conservation requesting to speak.

The Chair advised that as requests to speak had been received, the matter would be referred to a Standing Committee meeting to hear the speakers.

Note from Clerk: The matter was referred to the Standing Committee on Planning and Environment meeting of January 24, 2002.

NOTICE OF MOTION

1. Provincial Cuts to Income and Hardship Assistance (File: 1263)

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

WHEREAS, the provincial government recently announced that income or hardship assistance will be denied to thousands of people in British Columbia who are in dire financial need;

AND WHEREAS, people in dire financial need include refugee claimants, many youths between 19-and 21-years-of-age, people convicted of welfare fraud, and people who have been on income assistance for more than two years during the last five years;

AND WHEREAS, many of the people who will be denied income or hardship assistance live in Vancouver;

AND WHEREAS, people who will be denied income or hardship assistance have no where to turn except to charities and/or the streets;

AND WHEREAS, the proposed provincial government cuts to income or hardship assistance will:

- cause great suffering and hardship to people affected, and
- increase the number of people who have to beg and sleep on Vancouver's streets;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council demand the provincial government cancel its plans to deny income and hardship assistance to people in dire need.

Notice

2. Provincial Government's Closure of the Residential Tenancy Office (File: 1263 )

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

WHEREAS, the provincial government has announced the closure of the Vancouver Residential Tenancy Office as of March 31, 2002;

AND WHEREAS, according to the 1996 Census, close to 60 percent of Vancouver's citizens are tenants who rent their homes;

AND WHEREAS, according to the 1996 Census, 85 percent of West End residents, where the Residential Tenancy Office is located, are tenants - the largest concentration of tenants in the province;

AND WHEREAS, the closure of the Vancouver Residential Tenancy Office will negatively impact access to essential services for all Vancouver tenants and landlords as they will now have to travel to Burnaby for dispute resolution services and to get information about their rights and responsibilities;

AND WHEREAS, traveling to Burnaby will present a real obstacle for many tenants due to lack of capacity, financial resources, and inability to take protracted time off work and will result in more tenants becoming vulnerable to illegal rent increases and evictions, potentially adding to the risk of homelessness;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver City Council write to the Honourable Rich Coleman, Solicitor General and responsible for Residential Tenancy, expressing grave concern about the negative impacts on tenants and landlords of the closing of the Vancouver Residential Tenancy Office, and urging the province to keep this office open.

Notice

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Councillor Clarke (File: 1254)

MOVED by Councillor Sullivan
SECONDED by Councillor Puil

THAT Councillor Clarke be granted a Leave of Absence for the evening of January 22, 2002.

CARRIED UNANIMOUSLY

2. Implication of Provincial Government Budget Cuts on City Services (File: 1263)

Councillor Clarke enquired whether City staff are able to provide information on the possible implications of Provincial Government budget cuts on City services.

The City Manager advised staff are waiting until the release of the Provincial Government's budget on February 19 and any impacts on the City will be considered as part of the upcoming budget process and decisions.

(See also Item 7)

3. 2010 Winter Olympic Bid (File: 4209)

Councillor Clarke enquired on the status of the 2010 Winter Olympic bid. She advised she is getting requests from the public seeking information on the process, what the Winter Olympics will mean for Vancouver, establishing priorities for legacies, etc.

The City Manager advised staff are working with other levels of government and other organizations. She will be providing a status report to Council in the very near future.

4. City of Vancouver Community Service Award (File: 1051)

Councillor Clarke enquired on the status of a report back on the implementation of a City of Vancouver community service award.

The City Manager agreed to follow up.

5. Roedde House (File: 5051)

Councillor Kennedy requested a memorandum from staff as soon as possible advising on the
status of Roedde House.

The City Manager agreed to provide the requested information.

6. Security (File: 1001)

Councillor Louis enquired on the status of his request to the City Manager to provide information on the names of individuals barred from entering City Hall on July 26, 2001 and the reasons why.

The City Manager agreed to follow up.

7. Impact of Provincial Government Cuts on City of Vancouver Budget (File: 1263)

Councillor Louis requested staff look at the impact of Provincial Government cuts on the citizens in general, not just on the City's budget.

The Mayor suggested staff also consider the impact to the City due to the loss of Provincial government funding for the past 10 years.

8. Contracting out of Snow Removal Service at City Hall (File: 5106)

Councillor Bass requested information on why the snow removal service at City Hall precinct for January 22 was contracted out.

The City Manager agreed to forward the request to the General Manager of Engineering Services.

9. Former Councillor Harry Rankin

Councillor Bass advised former Councillor Harry Rankin is ill in hospital. Councillor Louis advised he will be visiting Councillor Rankin and will pass on Council's wishes for a speedy recovery.

The Mayor advised he has sent flowers on behalf of Council.

10. Leave of Absence - Councillor Kennedy (File: 1254)

MOVED by Councillor Daniel Lee
SECONDED by Councillor McCormick

THAT Councillor Kennedy be granted Leave of Absence for the evening of January 22, 2002.

CARRIED UNANIMOUSLY

11. Millennium Line Accessibility Issues (File: 5559)

Councillor Sullivan advised of accessibility issues at the Rupert and Renfrew Millennium Line station. In order to enter the station, patrons have to cross train tracks, making the station inaccessible for disabled users. He requested Engineering Department staff to look into thematter.

The Mayor so agreed.

The Council recessed at 5:35 p.m., and
reconvened "In Camera" in the Mayor's Office.

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(c) 1998 City of Vancouver