CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

FEBRUARY 19, 2002

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, February 19, 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 Daniel Lee Councillor Tim Louis Councillor Sandy McCormick *Councillor Gordon Price Councillor George Puil
ABSENT:	Councillor Lynne Kennedy (Sick Leave) Councillor Don Lee (Sick Leave) Councillor Sam Sullivan (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Syd Baxter, 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.

"IN CAMERA" MEETING

MOVED by Councillor Louis
SECONDED by Councillor McCormick

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:

(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;

(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF FEBRUARY 5, 2002

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

· Council authorized the Vancouver Chinatown Millennium Gate Society to start construction of the Chinatown Millennium Gate.

ADOPTION OF MINUTES

1. Regular Council (City Services and Budgets) - January 24, 2002

MOVED by Councillor Puil
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

2. Regular Council (Planning and Environment) - January 24, 2002

MOVED by Councillor Clarke
SECONDED by Councillor Daniel Lee

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

3. Regular Council - February 5, 2002

MOVED by Councillor Louis
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

4. Special Council (Court of Revision) - February 5, 2002

MOVED by Councillor Louis
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

5. Regular Council (City Services and Budgets) - February 7, 2002

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

6. Regular Council (Planning and Environment) - February 7, 2002

MOVED by Councillor Clarke
SECONDED by Councillor Daniel Lee

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Daniel Lee
SECONDED by Councillor McCormick

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

CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Impact of the Noise By-law Amendment on Park Board Operations

January 25, 2002 (File: 3102)

At the Standing Committee on City Services and Budgets meeting on February 7, 2002, Council heard speakers on the Administrative Report dated January 25, 2002, entitled "Impact of the Noise By-law Amendment on Park Board Operations". However, due to time constraints, decision on the matter was referred to the Regular Council meeting on February 19, 2002.

Council was advised staff who attended the February 7 meeting to deal with the matter are not available until the March 5 Regular Council meeting.

MOVED by Councillor Clarke

THAT consideration of the Administrative Report dated January 25, 2002, entitled "Impact of the Noise By-law Amendment on Park Board Operations" be referred to the Regular Council meeting on March 5, 2002.

CARRIED UNANIMOUSLY

COMMUNICATIONS

1. Vancouver International Airport Authority - Board of Directors

February 12, 2002 (File: 8025)

Council had before it a Memorandum, dated February 12, 2002, requesting Council to nominate a City of Vancouver representative to serve on the Airport Authority's Board of Directors for another term.

MOVED by Councillor Puil

THAT the nomination of the City of Vancouver representative to the Vancouver International Airport Authority be postponed to allow Councillors the opportunity to submit additional nominees for consideration.

CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Minor Amendments to Secondhand Dealers and Pawnbrokers By-law No. 2807: Changes Requested by City Prosecutor

January 30, 2002 (File: 113)

MOVED by Councillor Louis

A. THAT Council approve amendments to the Secondhand Dealers and Pawnbrokers By-Law No. 2807, generally as shown by means of black lining in Appendix A to the Administrative Report dated January 30, 2002, entitled "Minor Amendments to Secondhand Dealers and Pawnbrokers By-law No. 2807: Changes Requested by City Prosecutor", which make minor, nonmaterial changes to the wording and numbering.

B. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendments.

CARRIED UNANIMOUSLY

2. Award of Contract No. 2001-11 for Main Sewer Reconstruction

February 5, 2002 (File: 1805)

MOVED by Councillor Louis

A. THAT Contract No. 2001-11 for main sewer reconstruction be awarded to the low bidder meeting the contract requirements, Sandpiper Contracting Ltd., for a total tender price $742,633.50 (GST included); with funding provided by the Province under the Local Government Grants Program to assist in main sewer replacement (order group CA2ED16).

B. THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to enter into a construction services contract with Sandpiper Contracting Ltd. for Contract No. 2001-11, main sewer reconstruction.

C. THAT the bid bonds of the unsuccessful tenderers be returned upon execution of the construction services contract.

CARRIED UNANIMOUSLY

3. Business License Hearing Panel for February 21, 2002

February 12, 2002 (File: 2711-1)

MOVED by Councillor Clarke

THAT Council delegate the holding of a business license hearing presently scheduled for February 21, 2002 from 7:30 p.m. to 10:30 p.m. 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 applications to Council by the Chief License Inspector for the year 2002 business license by Wing Cheong Young and Nancy Young, for rental of a one-family dwelling at premises located at 2320 East Pender Street, Vancouver, BC, and the power to make a Council decision in relation to that hearing be delegated to:

Councillor George Puil, Chair
Councillor Lynne Kennedy
Councillor Gordon Price

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

CARRIED UNANIMOUSLY

4. Chess Street Works Yard and Adjacent Park Land Exchange

January 31, 2002 (File: 5106)

MOVED by Councillor McCormick

A. THAT Council authorize the Director of Real Estate Services to apply for approval to subdivide City-owned Lot B ("Lot B") and Lot C, except Part in Plan LMP 23786 ("Lot C") both District Lots 196 & 2037, Plan LMP 14138 resulting in an exchange of the 1387.5 square metre portion of Lot B as shown in heavy outline on the plan, attached as Appendix A to the Administrative Report, dated January 31, 2002 entitled "Chess Street Works Yard and Adjacent Park Land Exchange", for the 1387.5 square metre portion of Lot C shown hatched and the 688 square metre portion of Lot C shown cross-hatched on the plan attached as Appendix A; and

B. THAT the Director of Legal Services be authorized to execute plans and documents as required to complete the exchange.

CARRIED UNANIMOUSLY

5. A New Statutory Right of Way in favour of the Greater Vancouver Sewerage & Drainage District at 111 Alexander Street

January 31, 2002 (File: 5807)

MOVED by Councillor Bass

A. That Council authorize the Director of Legal Services to grant the Greater Vancouver Sewerage and Drainage District ("GVS&DD") a new Statutory Right of Way to replace the existing Statutory Right of Way registered as BF369531. The new right of way to be registered over Lots 20 to 25, except Part in the Right of Way of the Canadian Pacific Railway Company and Part in Reference Plan 10341, Block 1, District Lot 196, Plan 184, the same as generally shown within the bold outline on the plan attached as Appendix A to the Administrative Report, dated January 31, 2002 entitled "A New Statutory Right of Way in favour of the Greater Vancouver Sewerage & Drainage District at 111 AlexanderStreet", to allow for the construction of a new underground sewerage pump station with an above ground building to house the electrical components of the new pump station ( the "New Structure") and operation thereof, subject to the following terms and conditions:

1. Upon registration of the subject Statutory Right of Way, the GVS&DD to release the existing Statutory Right of Way registered as BF369531 from the titles to Lots 20, 21, 22 and 23, Except Part in the Right of Way of the Canadian Pacific Railway Company, Block 1, District Lot 196, Plan 184.

2. The New Structure is to be constructed easterly of the northerly production of the easterly limit of Columbia Street.

3. The design of the New Structure to be to the satisfaction of the City Engineer.

4. GVS&DD will be required to obtain the necessary approval by the Minister of Community, Aboriginal and Women's Services (the "Minister"), as specified under the Heritage Conservation Act for the demolition of the existing building and the construction of the New Structure.

5. A nominal fee of $10.00 is chargeable for the granting of the new Statutory Right of Way.

6. The GVS&DD to be responsible for any necessary plans and Land Title Office registration fees.

7. The Statutory Right of Way is to be drawn to the satisfaction of the Director of Legal Services. No legal right is hereby created and none shall arise until the new right of way document is executed and registered.

B. That Council approve the transfer of the property from the Property Endowment Fund ("PEF") to Capital Asset ("CA").

CARRIED UNANIMOUSLY

6. 3837 Point Grey Road - Development Application No. DE406291 - Jericho Tennis Club

February 5, 2002 (File: 2608)

MOVED by Councillor McCormick

THAT the Administrative Report, dated February 5, 2002, entitled "3837 Point Grey Road - Development Application No. DE406291 - Jericho Tennis Club" be received for information.

CARRIED UNANIMOUSLY

7. Lease of 5288 Joyce Street: Collingwood Neighbourhood House

January 30, 2002 (File: 5104)

MOVED by Councillor McCormick

THAT Council approve a 5 year lease, commencing May 1, 2001, on the site and improvements at 5288 Joyce Street, legally described as Lot 1, Block A, D.L. 37, Plan 12815, to Collingwood Neighbourhood House Society ("CNHS"), at a nominal rent of $1.00 (one dollar) per annum, under the terms generally described in the Administrative Report, dated January 30, 2002, entitled "Lease of 5288 Joyce Street: Collingwood Neighbourhood House", and on terms satisfactory to the Director of Real Estate Services and Director of Legal Services.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

CITY MANAGER'S POLICY REPORTS

1. Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East Hastings Street Industrial "Let-Go" Areas

February 1, 2002 (File: 5305)

MOVED by Councillor McCormick

A. THAT the Director of City Plans be instructed to make application to:

· amend the MC-1 District Schedule of the Zoning and Development By-law to permit new uses, and add the MC-2 District to the schedule (to not permit Dwelling uses), generally in accordance with Appendix A of the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East HastingsStreet Industrial "Let-Go" Areas ;

· Rezone the Hudson Street Industrial Area shown in Figure 1 in the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East Hastings Street Industrial "Let-Go" Areas" from I-1 District to MC-1 District; and

· Rezone the East Hastings Street (Clark to Semlin) Industrial Area shown in Figure 2 in the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East Hastings Street Industrial "Let-Go" Areas" from M-1 District to MC-1 and MC-2 Districts.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing;

AND FURTHER THAT the application and by-laws be referred to Public Hearing.

B. THAT, subject to approval of the by-law to amend the MC-1 District Schedule at Public Hearing, the Noise By-law and the Sign By-law be amended as outlined in Appendix B to the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East Hastings Street Industrial "Let-Go" Areas".

FURTHER THAT the Director of Legal Services be instructed to bring forward the necessary amendments to these by-laws at the time of enactment of the by-law to amend the MC-1 District Schedule.

C. THAT, subject to approval of the by-law to amend the MC-1 District Schedule at Public Hearing, the by-law be accompanied at the time of enactment by the amended MC-1 Guidelines generally as outlined in Appendix D to the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and East Hastings Street Industrial "Let-Go" Areas".

D. THAT, subject to the approval of the by-law to rezone the north side of East Hastings Street (Clark to Semlin) to MC-2, the by-law be accompanied at the time of enactment by the MC-2 Site Specific Rezoning Policy as outlined in Appendix C to the Policy Report, dated February 1, 2002, entitled "Amendments to the MC-1 District Schedule and Rezoning of the Hudson Street and EastHastings Street Industrial "Let-Go" Areas".

E. THAT the Director of Development Services and the Director of Current Planning be instructed to report to Council any development applications for sites in the Hudson Street and East Hastings Street (Clark to Semlin) Industrial Areas which are not in accordance with the MC-1 and MC-2 for possible withholding pursuant to Section 570 of the Vancouver Charter.

CARRIED UNANIMOUSLY

OTHER REPORTS

I. Report of Vancouver Heritage Commission

January 28, 2002 (File: 3105-1)

Cl. 1: Special Advisory Committee Conference Funding

MOVED by Councillor Bass

THAT Vancouver City Council approve funding in the amount of $700 (including taxes) to send four Vancouver Heritage Commissioners to the conference "Towards the Canadian Heritage Register: Implications for Heritage Conservation Policies" Friday, February 22, 2002 - Simon Fraser University at Harbour Centre; source of funding to be the Local Conference Budget, overseen by the City Clerk.

CARRIED UNANIMOUSLY

II. Report of Bicycle Advisory Committee

December 3, 2001 (File: 5553/3062-1)

Cl. 1: Province of British Columbia - Cycling Network Program

MOVED by Councillor Clarke

THAT the Report of the Bicycle Advisory Committee on the Province of British Columbia - Cycling Network Program be considered simultaneously with the staff report back regarding the full impact of Provincial cuts and implications on the City's budget process.

CARRIED
(Councillors Bass and Louis opposed)

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 Louis
SECONDED by Councillor Daniel Lee

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

CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to Provide the Procedure and Basis of Assessment for a Beautification Project on Powell Street as a Local Improvement (By-law No. 8433)

MOVED by Councillor McCormick
SECONDED by Councillor 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 Councillor McCormick
SECONDED by Councillor Louis

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

2. A By-law to amend Parking By-law No. 6059 (Congregate Housing for Seniors Parking) (By-law No. 8434)

MOVED by Councillor McCormick
SECONDED by Councillor 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 Councillor McCormick
SECONDED by Councillor Louis

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

3. A By-law to amend Parking By-law No. 6059 (Broadway Station Precinct) (By-law No. 8435)

MOVED by Councillor McCormick
SECONDED by Councillor 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 Councillor McCormick
SECONDED by Councillor Louis

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

4. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (2439 Eton Street) (By-law No. 8436)

MOVED by Councillor McCormick
SECONDED by Councillor 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 Councillor McCormick
SECONDED by Councillor Louis

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 Kennedy, Puil and the Mayor excused from voting)

MOTIONS

A. Administrative Motions

1. Closing all of the lane north of Simpson Avenue, east of Blanca Street adjacent to 1470 Blanca Street and 4687 Simpson Avenue (File: 5807)

MOVER: Councillor McCormick
SECONDER: Councillor 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. The North 10 feet of Lot 18 and the North 10 feet of Lot 19, both Block 128, District Lot 540, Plan 229 have been established as lane under Filing J39423;

3. The owners of the adjacent Lot E (1470 Blanca Street) and Lot F (4687 Simpson Avenue), both Block 128, District Lot 540, Plan 18511 have made application to purchase the said North 10 feet of Lot 18 and the said North 10 feet of Lot 19; and

4. The said North 10 feet of Lot 18 and the said North 10 feet of Lot 19 are no longer required by the City for lane purposes.

THEREFORE BE IT RESOLVED THAT the said North 10 feet of Lot 18, and the North 10 feet of Lot 19, both Block 128, District Lot 540, Plan 229, now lane be closed, stopped-up and conveyed to the abutting owners; and

BE IT FURTHER RESOLVED THAT the said portions of lane so closed be subdivided with the abutting Lot E and Lot F, both Block 128, District Lot 540, Plan 18511 to the satisfaction of the Director of Legal Services and the Approving Officer.

CARRIED UNANIMOUSLY

2. Guidelines for Congregate Housing for Seniors (File: 4661)

MOVED by Councillor McCormick
SECONDED by Councillor Price

THAT the document entitled "Guidelines for Congregate Housing for Seniors Guidelines" be adopted by Council for use by applicants and staff for development applications which include Congregate Housing for Seniors.

CARRIED UNANIMOUSLY

B. Motions on Notice

1. Third Crossing Initiative (File: 5752-1)

At the Council meeting of February 5, 2002, Councillor Price submitted the following Motion. Councillor Kennedy called Notice under Section 7.2 of the Procedure By-law.

MOVED by Councillor Price
SECONDED by Councillor Clarke

WHEREAS Councils in Vancouver have repeatedly stated that a Third Crossing is a low priority for this city for at least the next 15 years;

AND WHEREAS a Third Crossing at Main Street leaves unresolved the problem of vehicle movements through the city, particularly east-side neighbourhoods;

AND WHEREAS the City of Vancouver has and continues to oppose a freeway system;

AND WHEREAS a Third Crossing would promote significant new growth and sprawl in North Shore municipalities and along the Howe Sound corridor;

AND WHEREAS the GVRD Strategic Plan does not prioritize the North Shore as a growth area, nor are the North Shore municipalities likely to accept a significant increase in regional growth;

AND WHEREAS there are many other transportation priorities that must be funded as higher priorities by both the public and private sectors (and there is only a limited amount of money available for transportation from our citizens, regardless of the funding body);

THEREFORE BE IT RESOLVED THAT the City of Vancouver does not support a Third Crossing initiative for the Olympics or prior to a full impact study on North Shore municipalities and the east-side neighbourhoods of Vancouver.

Referred

Also before Council was a letter, dated February 15, 2002, from TransVision requesting to speak on the matter. Council, therefore, agreed to refer the matter to the Standing Committee on Planning and Environment meeting on February 21, 2002.

2. Independent Community Impact Study of 2010 Olympic Games (File: 4209)

At the Council meeting of February 5, 2002, Councillor Louis submitted the following Noticeof Motion, which was recognized by the Chair.

MOVED by Councillor Louis
SECONDED by Councillor Bass

WHEREAS, hosting the 2010 Winter Olympics may result in many positive economic and social spin-offs for the citizens of Vancouver;

AND WHEREAS, City Council encourages opportunities for civic participation,

AND WHEREAS, Article 40 of the Olympic Charter requires host cities take full financial responsibility for the Games;

AND WHEREAS, the hosting of Expo `86 by Vancouver and the Olympic Winter Games by Salt Lake City have resulted in mass evictions of residents from low-income housing;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver urge the Vancouver/Whistler 2010 Bid Corporation work with community members to conduct an arms-length, independent community impact study with recommendations to minimize the negative effects and to maximize the opportunities of hosting the 2010 Olympic Games.

Referred

MOVED by Councillor Clarke
SECONDED by Councillor Price

THAT consideration of the Motion be referred to the Council meeting in March at which staff will be presenting a Report Reference to update Council on the 2010 Winter Olympic Bid.

CARRIED
(Councillors Bass and Louis opposed)

Note from Clerk: The Report Reference is tentatively scheduled for the Regular Council meeting on March 12, 2002.

3. New Conflict of Interest Guidelines for Elected Officials (File: 1251)

At 2:55 p.m. the Mayor left Council Chambers as he is mentioned in the following Motion anddid not return until the conclusion of the vote on the matter. Councillor Puil assumed the Chair.

At the Council meeting of February 5, 2002, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Louis
SECONDED by Councillor Bass

WHEREAS, local governments are being encouraged to consider entering into more 3P public-private partnerships;

AND WHEREAS, the provincial government has said it intends to make British Columbia's conflict of interest requirements the tightest in Canada for local elected officials;

AND WHEREAS, there have been news reports that a Vancouver citizen has asked the Ombudsman to comment on Mayor Owen's role as director and secretary of Central Heat Distribution Ltd. while that company was breaching its agreement with the City and negotiating a new 30-year agreement with the City;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council advise the provincial government and the Ombudsman that it would welcome detailed guidelines regarding the participation of local elected officials in private companies doing business with their local government.

Amended

AMENDMENT MOVED by Councillor Price
SECONDED by Councillor Clarke

THAT the motion be amended by striking out the "whereases" in the preamble, and amending the resolution as follows:

THAT Vancouver City Council recommend to the Provincial Government and the Ombudsman that a regular review of the conflict of interest guidelines be adopted.

CARRIED
(Councillors Bass and Louis opposed)

MOTION AS AMENDED

THAT Vancouver City Council recommend to the Provincial Government and the Ombudsman that a regular review of the conflict of interest guidelines be adopted.

CARRIED
(Councillors Bass and Louis opposed)

At 3:20 p.m., the Mayor returned to the Council Chamber and resumed the Chair.

4. Promoting Access and Affordability of Education forVancouver Post-Secondary Students (File: 1263)

At the Council meeting of February 5, 2002, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Bass
SECONDED by Councillor Louis

WHEREAS, tens of thousands of post-secondary students attending 13 public post-secondary institutions in the Lower Mainland live in Vancouver;

AND WHEREAS, Vancouver's post-secondary institutions attract students, staff and faculty to reside and participate in Vancouver's economy;

AND WHEREAS, post-secondary students from all segments of our society study at colleges, institutes, university colleges and universities;

AND WHEREAS, 73 per cent of new jobs will require some level of post-secondary education by 2008, and British Columbia lags behind other provinces in degrees and diplomas granted per capita;

AND WHEREAS, many students require government support to finance their education;

AND WHEREAS, the elimination of student assistance and employment programs such as Youth Community Action, Training Assistance Benefits, Student Summer Works and Work Study announced by the BC government on January 17 will make it harder for students to afford the high costs of post-secondary education;

AND WHEREAS, Bill 28 (Public Education Flexibility and Choice Act) passed by the Provincial Legislature on January 28 threatens the quality of education throughincreasing class sizes and mandating on-line delivery of courses in place of face-to-face instruction;

AND WHEREAS, an increase in tuition fees will negatively affect access to post-secondary education for Vancouver's students;

THEREFORE BE IT RESOLVED THAT, City Council ask the provincial government to:

(a) reinstate all student employment and assistance programs eliminated in the announcement of January 17, 2002;
(b) maintain the tuition fee freeze to ensure access to post-secondary education; and
(c) repeal Bill 28-Public Education Flexibility and Choice Act.

AMENDED

AMENDMENT MOVED by Councillor McCormick
SECONDED by Councillor Clarke

THAT the motion be amended by striking out the "whereases" in the preamble, and amending the resolution by referring (a) and (b) to the Minister of Advanced Education and (c) to the Vancouver School Board.

CARRIED
(Councillors Bass and Louis opposed)

MOTION AS AMENDED

A. THAT the following be referred to the Minister of Advanced Education:

· The Provincial Government be asked to:

(i) reinstate all student employment and assistance programs eliminated in the announcement of January 17, 2002;
(ii) maintain the tuition fee freeze to ensure access to post-secondary education.

B. THAT the following be referred to the Vancouver School Board:

· The Provincial Government be asked to repeal Bill 28-Public Education Flexibility and Choice Act.

CARRIED
(Councillors Bass and Louis opposed)
(Councillor Price absent for the vote)

NOTICE OF MOTION

1. Protection of Civic Democracy and Ensuring Local Decision-Making (File: 6001)

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

WHEREAS, at its May 2, 2000 meeting the City of Vancouver unanimously agreed that Canada should get a "permanent and explicit exemption in the GATS (General Agreement on Trade in Services) that would limit its application to areas of Federal jurisdiction," (a resolution also passed by the UBCM at its October 24-27, 2000 meeting);

AND WHEREAS, World Trade Organization negotiators are considering extension of this agreement to local government regulation over zoning and hours of operation;

AND WHEREAS, transnational retailing corporations such as Wal-Mart, Carrefour, and Marks and Spencer have been reported to have lobbied to get such provisions adopted by the WTO;

AND WHEREAS, a new GATS provision applied to zoning will mean all regulations over zoning and hours of operation would have to meet the test of being "necessary" as determined by a WTO trade panel;

AND WHEREAS, the new provision will be a legally binding article in the GATS agreement and thus enforceable through the WTO;

AND WHEREAS, a GATS provision on zoning would eventually [it would do this immediately, as soon as the provision comes into force at the end of the current round of negotiations in 2005 create substantial uncertainty for local government representatives when they make decisions on zoning and store hours, even though Canadian law empowers them to make such decisions;

AND WHEREAS, the provincial government is responsible for safeguarding the authority of local governments in the formulation of Canada's negotiating position on GATS;

AND WHEREAS, on March 13 and 14, provincial and federal representatives will meet to discuss Canada's position in these negotiations;

AND WHEREAS, all WTO member states have to submit their proposals for these negotiations by June 2002;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver ask:

(a) the Minister of Competition, Science and Enterprise to press at the March 13 and 14 federal-provincial meeting for a complete exemption of local governmental laws and regulations from the GATS; and

(b) the Minister to meet with the Mayor and City Council to report on the results of his efforts at the March 13 and 14 meeting and to hear the City's concerns about the legal and regulatory restrictions posed for local governments by the proposed trade agreement expansion.

Notice

2. Reversing Provincial Cuts to Seniors (File: 1263)

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

WHEREAS, the provincial government announced in January that it would be cutting the BC Bus Pass Program - a 20-year program that provided low-income seniors with $45 annual transit passes.

AND WHEREAS, nearly 25,000 low-income seniors living in the GVRD rely on the annual transit pass program,

AND WHEREAS, these passes provide low-income seniors with basic mobility and access to medical services and doctors, shopping, recreation and social activities;

AND WHEREAS, in the past the provincial government has transferred funding to transit authorities and municipalities to cover the cost of the BC Bus Pass Program;

AND WHEREAS, the provincial government had previously contributed$12 million to TransLink's annual budget for the BC Bus Pass Program;

AND WHEREAS, during his February 13 televised address to the province, Premier Campbell announced that the cuts to the BC Bus Pass Program were wrong, but he failed to outline who should pay for the resurrected program;

AND WHEREAS, previous to the February 13 announcement to reverse the cut, Premier Campbell suggested cost-sharing the program with transit authorities and municipalities;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council:

(a) congratulate the Premier and the provincial government for reversing their harmful decision to cut the BC Bus Pass Program; and

(b) ask the provincial government to fully fund this program without downloading future costs of the BC Bus Pass Program to transit agencies or municipalities.

Notice

3. Threatened Impact of the Agreement on Internal Trade on Municipal Governments

(File: 6001)

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

WHEREAS, in a July 18, 2001 open provincial government cabinet meeting, Premier Campbell announced his intention to extend the AIT coverage to procurement by BC local governments;

AND WHEREAS, the procurement provisions of the AIT take away the powers of municipal governments to make decisions locally;

AND WHEREAS, BC municipalities previously declined to be covered by the AIT for two principle reasons:

(a) there are no demonstrable benefits for municipalities to have their purchasing decisions subjected to AIT rules; and

(b) there are unknown and unknowable risks from agreeing to be bound by these rules, as they will be interpreted by unelected, trade-dispute panels focussed narrowly on expansion of trade;

AND WHEREAS, AIT coverage of local government procurement prepares the way for imposition of binding international trade disciplines at the expense of local government authority over procurement;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver requests the provincial government to reconsider is intention to require that municipal governments comply with the procurement provisions of the Agreement on Internal Trade.

Notice

4. Call for Missing Women Inquiry (File: 3701/8104)

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

WHEREAS, the ongoing tragic case of the disappearance and possible death of at least 45 women has impacted on individuals and families not only in the City of Vancouver, but across the region, the province and the country;

AND WHEREAS, many troubling questions have been raised by those individuals and families about the manner in which the investigation of this case has been conducted from as early as 1983, when the first woman went missing, through to 1998 when serious concerns were raised with law enforcement authorities about the lack of progress in the investigations and the increasing number of women missing;

AND WHEREAS, the Vancouver Police Department has played a central role in the ongoing investigation into the disappearance and possible death of these women;

THEREFORE BE IT RESOLVED THAT, upon completion of the investigation now underway, Council direct the Vancouver Police Board and the BC Ministry of Public Safety and the Solicitor General to conduct a full and comprehensive inquiry into the direction, management and conduct of the investigation of the women missing from Downtown Eastside Vancouver.

Notice

5. The Construction of Highways Through Greater Vancouver Watersheds (File: 3753)

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

WHEREAS, a number of schemes have recently been proposed to build highways through portions of the Capilano and Seymour areas of the Greater Vancouver Watersheds as alternate routes to Whistler for the Olympics;

AND WHEREAS, on Nov. 10, 1999 the GVRD Board of Directors adopted watershed management principles and guidelines that state:
· The primary purpose of Greater Vancouver's watersheds is to provide clean, safe drinking water.
· The watersheds will be managed to reflect and advance the region's commitment to the environmental stewardship and protection of those lands and their biological diversity.
· The region's Management Plan will be based upon minimum intervention absolutely necessary to achieve the Board's objectives.
· The Management Plan will contain policies to return areas disturbed by human activities as close a possible to the pre-disturbance state consistent with the primary goal of protecting water quality.

AND WHEREAS, building new roads or highways through the Greater Vancouver Watershed is not consistent with the GVRD's watershed management principles and guidelines as road construction would:
· expose the watersheds to substantial environmental risk;
· result in increased disturbance from motorized vehicles;
· disturb the natural filtration system;
· allow pollutants in run-off from highway traffic to possibly contaminate sources of drinking water;
· increase the possibility of a spill of hazardous material into the watersheds.

THEREFORE BE IT RESOLVED THAT, the City of Vancouver notify the GVRD Board of its opposition to the construction of any new roads or highways through the Greater Vancouver Watersheds.

Notice

6. Reinstatement of Child and Youth Advocate at City Hall (File: 4102)

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

WHEREAS, in September 1988 Council approved the establishment of a Child and Youth Advocate "to ensure that children's needs are taken into account in all areas within the City's jurisdiction, and to act as advocate and liaison with senior levels of government to address gaps in service or deficiencies affecting children in their jurisdiction."

AND WHEREAS, Council, recognizing the necessity for an objective and independent role for the Advocate, therefore directed that the Child and Youth Advocate report directly to Council and its Committees;

AND WHEREAS, the duties of the Child and Youth Advocate were successfully performed by three individuals until 1999;

AND WHEREAS, in 1999 Council eliminated the position of Child and Youth Advocate following the creation by the Provincial Government of an Office of Child, Youth and Family Advocate acting as an independent office of the Legislature;

AND WHEREAS, on February 7, 2002, the Provincial Government announced it will eliminate the independent Office of Child, Youth and Family Advocate and integrate Child and Family Advocate duties with those of the Children's Commissioner, and have them no longer report independently to the Legislature, but instead report to the Ministry of the Attorney-General;

THEREFORE BE IT RESOLVED THAT, Council reinstate the position of Vancouver Child and Youth Advocate, and that the Advocate report directly to Council and its Committees.

Notice

7. Regulation of Conversion and Demolition of Single Room Occupancy Residential Hotels in the Downtown Core (File: 4657)

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

WHEREAS, the City of Vancouver has experienced a significant reduction in the number of Single Room Occupancy (SRO) hotel units for low-income residents, and;

WHEREAS, the provincial government has frozen the development of new replacement non-market housing for low-income urban singles, and;

WHEREAS, Vancouver has submitted a bid for the 2010 Winter Olympic Games, and;

WHEREAS, historically rooming houses and residential hotels are often converted for tourist use during hallmark events such as the Olympic games and as occurred during Expo 86 in Vancouver, resulting in eviction and displacement of low income residents, and;

WHEREAS, Olympic driven evictions are currently taking place in Salt Lake City forcing low income citizens out of their homes and providing no alternatives, and;

WHEREAS, many organizations, including the Olympic Bid Committee, have expressed their desire that this not occur again in Vancouver, and;

WHEREAS the International Olympic Committee has previously expressed its concern that host cities have sustainable and socially responsible plans for hosting the Olympic Games, and;

WHEREAS, the Vancouver Charter empowers City Council to regulate the conversion and demolition of Single Room Occupancy residential hotels;

THEREFORE BE IT RESOLVED that Vancouver City Council direct staff to prepare a conversion and demolition by-law for SRO hotels that ensures there is no net loss of affordable housing, as is currently provided through these hotels, and;

BE IT FURTHER RESOLVED that this by-law regulate market driven conversion and demolition of SRO hotels by either denying permits to convert or demolish hotels or through a requirement of one for one affordable rental housing replacement for each unit that will be lost, and;

BE IT FURTHER RESOLVED that any replacement strategy must ensure the replacement units are available for occupancy prior to when the original units being converted or demolished are vacated.

Notice

ENQUIRIES AND OTHER MATTERS

1. Translink Authority (File: 5561)

Councillors Puil, Louis, Clarke, and Bass discussed the issue of Translink authority.

2. Proposed Amphibious Bus Tours (File: 5551)

Councillor McCormick requested staff to provide information on proposed tours by amphibious vehicles in Vanier Park and whether the City has the authority under its by-laws to deal with pollution emissions from such vehicles.

Councillor Clarke advised staff will be reporting on the proposed tours at the Standing Committee on Transportation and Traffic meeting on March 5, 2002. The City Manager advised staff will have to report back on the issue of the pollution emissions from the vehicles.

3. Leave of Absence - Councillor Don Lee (File: 1254)

MOVED by Councillor Price
SECONDED by Councillor McCormick

THAT Councillor Don Lee be granted Leave of Absence until March 1, 2002.

CARRIED UNANIMOUSLY

4. Legal Implications re City of Hudson (File: 1201)

Councillor Price requested the Law Department to provide information on the implications and impacts of the recent court decision regarding municipal authority in the City of Hudson case.

The City Manager agreed to forward the request for a report back.

5. Implications of Community Charter on City of Vancouver (File: 110)

Councillor Clarke sought clarification on when Council would receive further information on the implementation of the Community Charter, i.e. process proposed and implications on the City.

The City Manager advised staff are monitoring the issue and will be providing a report to Council.

6. Recognition of Missing Women in Downtown Eastside (File: 3504)

Council observed two minutes of silence in memory of the missing women in the Downtown Eastside and to express its understanding and sympathy to their families and friends.

The Council recessed at 4:15 p.m., and
reconvened "In Camera" in the Mayor's Office.

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(c) 1998 City of Vancouver