Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

SEPTEMBER 17, 2002

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, September 17, 2002, in the Council Chamber, Third Floor, City Hall.

PRAYER

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

"IN CAMERA" MEETING

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2(1) of the Vancouver Charter, to discuss matters related to paragraph(s):

(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;

(j) information that is prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.

CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF SEPTEMBER 10, 2002

· Council approved the lease of industrial space at 1652 West 5th Avenue.

ADOPTION OF MINUTES

1. Regular Council - September 10, 2002

MOVED by Councillor Louis
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Bass

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

CARRIED UNANIMOUSLY

REPORT REFERENCE

1. Applying the LEEDTM Rating System (File 3501)

As requested by Council at its meeting of July 25, 2002, Andrea Wickham, Central Area Major Developments Group, provided a PowerPoint presentation on applying the LEEDTM rating system, a tool to assess the environmental performance of a building. Council has approved a review of the LEEDTM rating system for new buildings developed by the City, and it is currently being used to design the new works yard and for design work on the City-owned land in Southeast False Creek. The use of LEEDTM to develop "green buildings" in the private sector will also be encouraged.

MOVED by Councillor Puil

THAT the Report Reference on Applying the LEEDTM Rating System be received for information.

CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Establishment of City Owned Lot in the Unit Block of West 15th Avenue
for Lane Purposes
July 29, 2002 (File 5807)

MOVED by Councillor Kennedy

THAT Council approve the establishment of City-owned Lot - The West 12 feet of Lot B of Lots 7 and 8, Block 53, District Lot 302, Plan 5038 for lane purposes.

CARRIED UNANIMOUSLY

2. Global Positioning System - GVRD - Active Control System - Licence Agreement
August 21, 2002 (File 1203)

MOVED by Councillor Louis

THAT Council authorize the Director of Legal Services, in consultation with the General Manager of Engineering Services to enter into a Licence Agreement (the "Licence") with the Greater Vancouver Sewerage & Drainage District (the "GVS&DD) and with the Base Mapping and Geometric Services Branch ("BMGS") of the Ministry of Sustainable Resource Management of the Province of BritishColumbia, so as to allow installation of an Active Control Point pillar and associated computer hardware and software as required to support a Regional Global Positioning System (the "System") within the Greater Vancouver Regional District (the GVRD). Such installation to occur at Firehall #1 at 900 Heatley Avenue, legally described as Lot A of Lot 1, District Lots 181, 196 and 2037, Plan 15230. The Licence to be granted on terms and conditions satisfactory to the Director of Legal Services in consultation with the General Manager of Engineering Services, the General Manager of Fire and Rescue Services and the Director of Real Estate Services.

CARRIED UNANIMOUSLY

3. Closure of a Portion of the Lane North of Grandview Highway North,
East from Nanaimo Street
August 27, 2002 (File 5753)

MOVED by Councillor McCormick

A. THAT Council close, stop-up and convey all that portion of the lane lying north of Grandview Highway North, east of Nanaimo Street as shown hatched on the plan attached as Appendix "A" to the Administrative Report dated August 27, 2002, entitled "Closure of a Portion of the Lane North of Grandview Highway North, East from Nanaimo Street", subject to the following conditions:

B. THAT Council close, stop-up and convey all that portion of the lane lying north of Grandview Highway North, east of Nanaimo Street as shown hatched on the plan attached as Appendix "B" to the Administrative Report dated August 27, 2002, entitled "Closure of a Portion of the Lane North of Grandview Highway North, East from Nanaimo Street", subject to the following conditions:

C. THAT Council rescind its motion of December 14, 1965 that read:

D. THAT Council close, stop-up and convey, to the abutting owner, Lydia Giuriato all of (P.I.D. 024-296-856), The North East Part of Lot A, in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952, the same as shown shaded on Appendix "B"to the Administrative Report dated August 27, 2002, entitled "Closure of a Portion of the Lane North of Grandview Highway North, East from Nanaimo Street", subject to the following conditions:

CARRIED UNANIMOUSLY

4. 2895 East Hastings Street - Proposed Closure and Sale of a Portion of
Lane North of East Hastings Street and West of Renfrew Street
August 28, 2002 (Files 5753/5102)

MOVED by Councillor Price

THAT Council close, stop-up and convey to the abutting owner all that portion of the lane north of East Hastings Street and west of Renfrew Street, shown hatched on the plan attached as Appendix "A" to the Administrative Report dated August 28, 2002, entitled "2895 East Hastings Street - Proposed Closure and Sale of a Portion of Lane North of East Hastings Street and West of Renfrew Street", subject to the following conditions:

CARRIED UNANIMOUSLY

5. New Chess Street Works Yard Award of Tenders for Concrete

MOVED by Councillor McCormick

A. THAT Council approve award of Contract No.0303000 for Concrete to the low complete tenderer, Smith Bros. & Wilson (B.C.) Ltd., in the amount of $1,906,464.00, which includes PST and GST (less any municipal rebate received). The funding is to be provided from Yards Basic Capital Account Number 30003133.

B. THAT Council approve award of Contract No.0505120 for Structural Steel to the low complete tenderer, Solid Rock Steel Fabricating Co. Ltd., in the amount of $791,410.00, which includes PST and GST (less any municipal rebate received). The funding is to be provided from Yards Basic Capital Account Number 30003133.

C. THAT the General Manager of Engineering Services be authorized to execute and deliver Notices of Award on behalf of the City, and the Director of Legal Services be authorized to execute and deliver contracts No. 0303000 and No.0505120 on behalf of the City.

D. THAT no legal rights or obligations will be created or arise by Council's approval of Recommendations A and B unless and until a Notice of Award is executed and delivered by the City to Smitb Bros.& Wilson (B.C.) Ltd. and Solid Rock Steel Fabricating Co. Ltd.

CARRIED UNANIMOUSLY

6. Approval of Minor Encroachments onto City-owned Property

MOVED by Councillor Bass

City an Easement to be registered over a portion of City-owned land, being Lot K, Block 5, Old Granville Townsite, Plan BCP203, at 125 West Cordova Street to validate the encroachments of portions of the building constructed on Lot G, Block 5, Old Granville Townsite, Plan 21155, at 101-109 West Cordova Street, onto the City-owned land. The Easement to be granted for a nominal fee and to be to the satisfaction of the Director of Real Estate Services and the Director of Legal Services.

CARRIED UNANIMOUSLY

7. Tender No. 2002-10: Construction of Concrete Curbs and Gutters

MOVED by Councillor McCormick

B. THAT a Construction Services Agreement with Columbia Bitulithic Ltd. Contract No. 2002-10 Construction of Concrete Curbs and Gutters and Asphaltic Concrete Pavements on Sundry Streets be executed by the Director of Legal Services on the basis that no legal rights are hereby created and none shall arise until execution of an Agreement drawn to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.

CARRIED UNANIMOUSLY

CITY MANAGER'S POLICY REPORTS

1. Text Amendments to CD-1 By-laws in False Creek North, City Gate,

August 22, 2002 (File 113)

MOVED by Councillor Louis

THAT the Director of Current Planning be instructed to make application to amend the CD-1 By-laws in False Creek North, City Gate, Coal Harbour and BayshoreGardens, with respect to parking and loading exclusion clauses generally in accordance with Appendix A of the Policy Report dated August 22, 2002, entitled "Text Amendments to CD-1 By-laws in False Creek North, City Gate, Coal Harbour Complex and Bayshore Gardens", and that the application be referred to a Public Hearing;

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

CARRIED UNANIMOUSLY

2. Wedding Chapels

MOVED by Councillor Kennedy

THAT the application by the Director of Current Planning to amend the RM-6 District Schedule to include "Wedding Chapel" as a conditional approval use also include this use to the C-2, C-2B, C-2C, C-2C1, C-3A, C-7, C-8, HA-1, HA-1A, HA-2, HA-3, and FC-1 District Schedules, generally in accordance with Appendix A of the Policy Report dated September 3, 2002, entitled "Wedding Chapels", and that this application be referred to a Public Hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law;

AND FURTHER THAT at the time of enactment of the zoning amendments, the Parking By-law be amended to establish parking and loading standards for Wedding Chapel, and the License By-law be amended to define and establish a fee for Wedding Chapel, all generally in accordance with Appendix B of the Policy Report dated September 3, 2002, entitled "Wedding Chapels".

CARRIED UNANIMOUSLY

3. CD-1 Text Amendment - 655 Great Northern Way
August 28, 2002 (File 5304)

MOVED by Councillor Don Lee

THAT the Director of Current Planning be instructed to make application to amendCD-1 By-law No. 8131 for 655 Great Northern Way (Lots 1, 2 and 3, DL 200A, 264A, 2037 LMP 50588) to create sub-areas consistent with the current land ownership and to apportion the approved floor areas in those sub-areas generally in accordance with Appendix A of the Policy Report dated August 28, 2002, entitled "CD-1 Text Amendment - 655 Great Northern Way", and that the application be referred to a Public Hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law generally in accordance with Appendix A for consideration at the Public Hearing.

CARRIED UNANIMOUSLY

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 Price
SECONDED by Councillor Kennedy

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

CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend Zoning and Development By-law No. 3575 (600 Granville Street/602 Dunsmuir Street) (By-law No. 8546)

MOVED by Councillor Price
SECONDED by Councillor Don Lee

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 Price
SECONDED by Councillor Don Lee

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, Daniel Lee and Puil excused from voting)

2. A By-law to amend Sign By-law No. 6510 (600 Granville Street/602 Dunsmuir Street) (By-law No. 8547)

MOVED by Councillor Price
SECONDED by Councillor Don Lee

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 Price
SECONDED by Councillor Don Lee

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, Daniel Lee and Puil excused from voting)

3. By-law to amend Noise Control By-law No. 6555 (600 Granville Street/602 Dunsmuir Street) (By-law No. 8548)

MOVED by Councillor Price
SECONDED by Councillor Don Lee

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 Price
SECONDED by Councillor Don Lee

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, Daniel Lee and Puil excused from voting)

4. A By-law to amend Street and Traffic By-law No. 2849 re truck safety and enforcement (By-law No. 8549)

MOVED by Councillor Clarke
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 Clarke
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. Establishing as road for lane purposes, parcel west of 5 West 15th Avenue

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

THAT WHEREAS the City of Vancouver wishes to establish as road the following land in the City of Vancouver, Province of British Columbia:

AND WHEREAS it is deemed expedient and in the public interest to allocate the said land for road purposes.

BE IT RESOLVED that the above described land is hereby allocated for road purposes and declared to form and to constitute a portion of a road.

CARRIED UNANIMOUSLY

B. Motions on Notice

1. Electoral direction to Mayor and Council re Vancouver GVRD Representatives (File 3204/5561)

At the Council meeting of September 10, 2002, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Bass
SECONDED by Councillor Louis

WHEREAS, when the Greater Vancouver Regional District (GVRD) was formed by WAC Bennett, Vancouver representatives were selected by the voters at election time;

AND WHEREAS, the responsibilities of the GVRD in delivering services continue to increase;

AND WHEREAS, last year's four month transit strike demonstrated the need for electorally-accountable GVRD and TransLink representatives;

AND WHEREAS, with taxation power resting in the GVRD, more direct accountability to voters is warranted;

AND WHEREAS, currently the members of the Islands Trust Council are elected by a "Double Direct" method, whereby voters indicate who they want for the municipal council and who they wish to represent them on the regional body;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver, this November 16, seek the counsel of the voters in terms of who should represent Vancouver on the GVRD and TransLink boards of directors as follows:

A. In conjunction with a general municipal election, voters be asked to select six GVRD representatives and three TransLink representatives from among the candidates for council and for mayor;

B. Candidates for mayor and council indicate on the nomination papers if they wish to be considered for selection as a Vancouver representative to the GVRD and to TransLink;

C. Separate from the ballot for the election of mayor and council there will be a ballot for Vancouver's representatives to the GVRD and to TransLink;

D. From those who are elected as Mayor and Councillors, the six persons with the six highest number of votes for representatives to the GVRD will be those recommended at the inaugural meeting for selection to the GVRD;

E. From the six representatives to the GVRD, the three with the highest number of votes for representative to TransLink will be those recommended at the inaugural meeting for selection to TransLink;

F. In the event of a tie vote, mayor and council will select from those receiving the tie number of votes;

G. In the event of resignation or death of a GVRD or TransLink representative, mayor and council will select an interim representative to serve until the next election; and,

H. Mayor and council designate alternate representatives to GVRD and Translink, in the case of a temporary absence of those initially appointed.

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

2. Auto Theft in Vancouver (File 3755)

At the Council meeting of September 10, 2002, Councillor Price submitted the following Notice of Motion which was recognized by the Chair:

MOVED by Councillor Price
SECONDED by Councillor Louis

THAT staff report back on actions the City may take to prevent, limit and discourage the use of car alarms, particularly in high density residential neighbourhoods;

FURTHER THAT the City work with ICBC, insurance companies, auto dealers and manufacturers to encourage the substitution of noise-based alarms with quiet theft prevention devices;

AND FURTHER THAT ICBC be encouraged in its consideration of vehicle security systems that automobile alarms not be made mandatory.

CARRIED
(Councillor Puil Opposed)

NOTICE OF MOTION

1. By-law amendment to delete the requirement to provide service bays when gas stations change from full-service to split-island (File 2501)

The following Notice of Motion was submitted by Mayor Owen and recognized by Council:

AND WHEREAS, gasoline stations with split-island gas pumps plus a convenience store are economically viable;

AND WHEREAS the oil companies close the uneconomical stations with service bays and leave the site empty;

AND WHEREAS closed gasoline stations create vacant spaces throughout the city and impact the convenience of motorists;

AND WHEREAS the demand on mechanics associated with gasoline stations have been significantly reduced because of:

· specialized service providers (muffler, brakes, oil change, etc. businesses)
· warranties requiring automobiles to go to the dealer for repair
· computerized services provided by modern franchised automotive repairs
· greater reliability and fewer service requirements of late model automobiles

THEREFORE BE IT RESOLVED THAT the Director of Current Planning be instructed to make application to amend relevant sections of the Zoning & Development Bylaw to delete the requirement that a change of use from a full service gasoline station to a split-island gasoline station shall include provision of service bays if service bays exist in the current full service station.

Notice

2. AirCare On Road Diesel Truck and Bus Testing Program (File 3752)

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

WHEREAS, The Insurance Corporation of British Columbia (ICBC) recently cut $450,000 in funding for the AirCare On Road program, which since 1996 has conducted roadside tests of diesel truck and bus emissions;

AND WHEREAS, AirCare On Road reduces one tonne of harmful diesel particulate pollution for every $312 spent;

AND WHEREAS, a 2001 South Fraser Health Region report identified diesel particulate as a serious health hazard in the Lower Mainland;

AND WHEREAS, the U.S. Environmental Protection Agency has recognized diesel particulates as a probable human carcinogen for several years;

THEREFORE BE IT RESOLVED THAT, Vancouver City Council ask ICBC to maintain the AirCare On Road program.

Notice

3. Support for Federal Recognition of Same-Sex Marriages (File 3502)

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

WHEREAS, the people of Vancouver have been in the forefront of efforts to create a compassionate society which recognises the inherent dignity of all its members;

AND WHEREAS, in 1992, the British Columbia Human Rights Act was amended to make discrimination on the basis of sexual orientation illegal;

AND WHEREAS, the Mayor and Council and members from all parties participate in the annual Pride Day Parade in Vancouver;

AND WHEREAS, in 1996, sexual orientation was included in the Canadian Human Rights Act;

AND WHEREAS, in 2000, the Federal government passed Bill C23 extending full benefits and obligations under federal jurisdiction to all same-sex relationships;

AND WHEREAS, in 2002, the Ontario Superior Court ruled unanimously that the definition of marriage as being exclusively between a man and a woman is unconstitutional and should be struck down;

AND WHEREAS, in July 2002, Toronto City Council passed a motion requesting the Prime Minister of Canada not to appeal the Ontario Superior Court ruling, and to allow marriages between persons of the same sex;

THEREFORE BE IT RESOLVED THAT Vancouver City Council strongly urge the Prime Minister of Canada to direct the Attorney General's office not to pursue theappeal of the Ontario Superior Court ruling;

AND BE IT FURTHER RESOLVED THAT Vancouver City Council strongly requests the Prime Minister of Canada to take immediate steps to allow marriages between persons of the same sex.

Notice

ENQUIRIES AND OTHER MATTERS

1. Leave Of Absence - Mayor Owen (File 1254)

MOVED by Councillor Sullivan
SECONDED by Councillor Don Lee

THAT Mayor Owen be granted Leave of Absence for the evening of September 17, 2002.

CARRIED UNANIMOUSLY

2. Leave of Absence - Councillor Price (File 1254)

MOVED by Councillor Kennedy
SECONDED by Councillor McCormick

THAT Councillor Price be granted Leave of Absence from October 5 through November 11, 2002.

CARRIED UNANIMOUSLY

3. Review of Canada Marine Act (File 111)

Councillor Puil advised that the Canada Marine Act is under review. Submissions will be heard in Vancouver On October 23 and 24, 2002. Councillor Puil expressed concern that Ports across Canada wish to be relieved of making payments-in-lieu of taxes, alleging that this would make them more competitive, an allegation not supported by Delta and Nanaimo studies.

The Councillor suggested that the City should make a submission to the review board. Thedeadline for submissions is September 24, 2002.

4. Acknowledgements - Councillor Price (File 1251)

Councillor Puil acknowledged Councillor Price's many contributions to the City, especially his articulate comments in Council debate, and announced that there will be a charitable dinner and tribute to Councillor Price on September 13, 2002, at the Roundhouse.

Councillor Bass acknowledged Councillor Price's contributions in response to ecological issues, such as the Clouds of Change Task Force.

The Council recessed at 3:25 p.m. and
reconvened "In Camera" in the Mayor's Office.

* * * * *


ag020917.htm


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