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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
OCTOBER 8, 2002
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 8, 2002, in the Council Chamber, Third Floor, City Hall.
PRESENT:
Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor George Puil
*Councillor Sam SullivanABSENT:
Councillor Daniel Lee (Leave of Absence)
Councillor Gordon Price (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 Don Lee
SECONDED by Councillor ClarkeTHAT 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):
(b) personal information about an identifiable individual who is being considered for an award of honour, or who has offered to provide a gift to the city on condition of anonymity;
(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 communication necessary for that purpose.
CARRIED UNANIMOUSLY
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF OCTOBER 1, 2002
· Council made appointments to the Development Permit Board Advisory Panel. (Contact the City Clerk's Office to obtain the names of those appointed.)
ADOPTION OF MINUTES
1. Regular Council (Planning and Environment) - September 19, 2002
MOVED by Councillor Kennedy
SECONDED by Councillor ClarkeTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)2. Regular Council - October 1, 2002
MOVED by Councillor Clarke
SECONDED by Councillor Don LeeTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor LouisTHAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)REPORT REFERENCE
1. 2003-2005 Capital Plan - Financial Plan and Plebiscite Questions (File 1611)
Ken Bayne, Director of Financial Planning and Treasury, with the aid of a PowerPoint presentation and handout, provided a Report Reference on the financial plan that will govern the funding of the 2003-2005 Capital Plan and the proposed wording of the borrowing questions that will appear on the ballot in November.
MOVED by Councillor Clarke
A. THAT the 2003 - 2005 Sewer and Waterworks Capital Plans be funded from debenture authority as provided for in the Section 236 and 242 of the Vancouver Charter:
Sewer $58,750,000
Water $46,000,000AND THAT the balance of the 2003 - 2005 Capital Plan be approved in totalat $155,690,000, with funding as follows:
Debenture Borrowing $ 96,790,000
Capital from Revenue $ 45,900,000
Development Cost Levies $13,000,000
Total $155,690,000
AND THAT the allocation of debenture authority, capital from revenue and development cost levy funding be as summarized in Appendix A of the Administrative Report dated October 2, 2002 entitled "2000 - 2002 Capital Plan: Financial Plan and Plebiscite Questions".
B. THAT the 2003 - 2005 Capital Plan borrowing plebiscite contain three questions in the following categories:
Public Works, Public Safety and Civic Facilities $78,100,000
Parks and Recreation $18,690,000
Cost-Shared Infrastructure Projects - City Share $20,000,000
AND THAT the wording of the questions be generally as set out in Appendix B of the Administrative Report dated October 2, 2002 entitled "2000 - 2002 Capital Plan: Financial Plan and Plebiscite Questions", subject to any modifications required by Director of Legal Services to ensure consistency with the requirements of the Vancouver Charter.
CARRIED UNANIMOUSLY
(i) Park Board Capital Plan 2003-2005 (File 1611)
MOVED by Councillor Clarke
THAT Council approve the 2003 -2005 Park Board Capital Plan, including City-wide DCL and `Other' allocations, to a total $45,500,000 as outlined in Appendix I to the Administrative Report dated October 3, 2002 entitled "Park Board Capital Plan 2003 -2005".
CARRIED UNANIMOUSLY
CITY MANAGER'S ADMINISTRATIVE REPORTS
1. Proposed Lease of a Portion of the Lane West of Templeton Drive,
North of Fourth Avenue
September 23, 2002 (File 5104)MOVED by Councillor Don Lee
THAT Council close, stop-up and lease to the abutting owner (the "Lessee") all that portion of the lane, west of Templeton Drive, north of 4th Avenue, adjacent to 1951 Templeton Drive, being Lot 20, except the West 20 feet of Lots 2 and 5 Block A of Block 148, District Lot 264A, Plans 709 and 1771, shown hatched on the plan attached as Appendix "A" to the Administrative Report dated September 23, 2002, entitled " Proposed Lease of a Portion of the Lane West of Templeton Drive, North of Fourth Avenue" subject to the following conditions:
1. The term of the lease to be five (5) years, with a three (3) month notice of cancellation should the lease area be required for any municipal purpose;
2. The annual rental to be nil;
3. The lease area to be used for landscaping only;
4. There are to be no permanent buildings or structures on the lease area, although a fence and a temporary garden shed is allowable;
5. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the City Engineer;
6. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the City Engineer;
7. The City and utility companies are to have the right of entry, at any time, to the lease area for the purpose of installing, maintaining, and repairing public utilities;
8. The Lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with a comprehensive general liability insurance policy to the satisfaction of the Director of Risk Management;
9. The lease agreement to be to the satisfaction of the Director of Legal Services,and the City Engineer and may contain other terms and conditions to the satisfaction of the Director of Legal Services, and the City Engineer.
It should be noted that no legal right or obligation is created and none shall arise until execution of the lease.
CARRIED UNANIMOUSLY
2. Tunnel under the Lane Southerly of Water Street,
between Cambie Street and Abbott Street
September 19, 2002 (File 5752-1)MOVED by Councillor McCormick
A. THAT Council authorize the Director of Legal Services to sign, on behalf of the City, a Reference Plan of survey, to be prepared, and to make application in the Land Title Office to raise title to the portion of the lane southerly of Water Street, between Cambie Street and Abbott Street as shown in heavy outline on the plan attached as Appendix "A" to the Administrative Report dated September 19, 2002, entitled " Tunnel under the Lane Southerly of Water Street, between Cambie Street and Abbott Street".
B. THAT Council close and stop-up the volumetric portion of the lane generally as shown within the heavy outline and illustrated isometrically on the plan attached as Appendix "B" (the "Lease Area") to the Administrative Report dated September 19, 2002, entitled " Tunnel under the Lane Southerly of Water Street, between Cambie Street and Abbott Street" and authorize the Director of Legal Services to include the Lease Area as part of the Premises (as that term is defined) in the lease between the City and West Coast Historical Experiences Inc. ("Whex") concerning portions of the buildings located at 130 Water Street and 125 West Cordova Street (the "Parkades"), the terms and conditions of which have been before Council on July 23, 2002 and September 17, 2002, subject to the following conditions:
1. The rent to be paid by Whex for the Lease Area shall be at the same rate that Whex is paying for the balance of the space leased by Whex in the Parkades;
2. The Lease Area to be used only for access between the structures at 130 Water Street and 125 West Cordova Street. Any use beyond access will require the prior written approval of the General Manager of EngineeringServices;
3. The Lease Area to contain a tunnel, generally constructed in accordance with Recommendation D to the Administrative Report;
4. The Lessee is to maintain the Lease Area, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
5. Upon expiry or termination of the lease, the Director of Real Estate Services is to be responsible for restoration of the Lease Area to the satisfaction of the General Manager of Engineering Services;
6. The City and utility companies are to have the right of entry at any time, to the Lease Area for the purpose of installing, maintaining and repairing utilities above and below the Lease Area;
7. The Lessee is to assume full responsibility for any losses the City may suffer due to the Lessee's occupation of the Lease Area. The Lessee shall also be required to provide evidence of comprehensive general liability insurance in connection with the Lease Area, to the satisfaction of the Director of Risk and Emergency Management.
8. The lease agreement may contain other terms and conditions to the satisfaction of the Director of Legal Services, Director of Real Estate Services, the Director of Risk and Emergency Management, and the General Manager of Engineering Services.
C. THAT Council authorize the General Manager of Engineering Services to approve minor and inconsequential amendments to the Lease Area, should a post-construction survey reveal minor variations in the area containing the tunnel.
D. THAT Council instruct the General Manager of Engineering Services and the Director of Real Estate Services to report back on the construction of a tunnel at the City's cost within the Lease Area, such construction to occur on the following general terms and conditions:
1. The final design of the tunnel to be to the satisfaction of the General Manager of Engineering Services, and to address the following:
a) a minimum cover from the top of the tunnel structure to thebottom of any existing utility of at least 3.5 feet;
b) the relocation, reconstruction or replacement of any utility for which the required clearance cannot be achieved to the satisfaction of the General Manager of Engineering Services;
c) the tunnel design to include a method to support existing underground sewer lines, telephone ducts, steam pipes, gas lines, electrical ducts, cable tv lines, overhead poles and utility lines during construction;
d) the tunnel design to include a reasonable method to remove, fill-in or decommission the tunnel at the end of its service life, or the expiry of the lease. The design and steps to carry out the decommissioning of the tunnel are to be included on the tunnel design drawings;
2. Provision of a complete as-built survey of the tunnel after construction. Should the tunnel not fall within the Lease Area, arrangements shall be made to amend the Lease Area, as per Recommendation C;
3. All cost to remove the tunnel at the end of its service life or the expiry of the lease are to be borne by the owner of the Parkades.
E. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and where applicable, registered in the Land Title Office.
F. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services, and the Director of Legal Services , that the Director of Legal Services be authorized to execute and deliver such documentation and plans to the appropriate parties on behalf of the City.
CARRIED UNANIMOUSLY
3. Establishment of waterfront road at Southeast False Creek
September 25, 2002 (File 8206)
MOVED by Councillor Puil
A. THAT Council authorize the Director of Real Estate Services, in consultation with the General Manager of Engineering Services and the Director of Legal Services to proceed with the plans and documents required to establish as road those portions of City-owned and privately owned lands (the "Southeast False Creek Lands") as generally shown in bold outline on the sketch attached as Appendix "A" and more particularly described in Appendix "B" to the Administrative Report dated September 25, 2002, entitled "Establishment of waterfront road at Southeast False Creek".
B. THAT Council instruct the Director of Legal Services to bring forward the formal resolution(s) as required to complete the establishment as road of those portions of the Southeast False Creek Lands as generally shown in bold outline on the sketch attached as Appendix "A" and more particularly described in Appendix "B" to the Administrative Report dated September 25, 2002, entitled "Establishment of waterfront road at Southeast False Creek".
C. THAT Council authorize the City Manager in consultation with the Director of Real Estate Services, and the General Manager of Engineering Services to approve minor and inconsequential amendments to the areas of specific properties to be established as road.
D. THAT once the form of all legal documentation and plans have been approved by the Director of Real Estate Services, the General Manager of Engineering Services and the Director of Legal Services, that the Director of Legal Services be authorized to execute and deliver such documentation and plans to the appropriate parties on behalf of the City.
CARRIED UNANIMOUSLY
4. Champlain Heights Community Centre Addition
September 17, 2002 (File 8003)
MOVED by Councillor Clarke
THAT Council approve the allocation of $700,000 Community Amenity Contribution to the Park Board capital budget for the construction of an addition to the Champlain Heights Community Centre. The sum is in addition to the already approved amount of up to $445,000 DCL's to build a child development centre at the same location.
CARRIED UNANIMOUSLY
5. Flag Policies and Procedures
September 30, 2002 (File 1009)
MOVED by Councillor McCormick
THAT Council approve the Flag Policy for the City of Vancouver as shown in Appendix A of the Administrative Report dated September 30, 2002, entitled "Flag Policies and Procedures".
CARRIED UNANIMOUSLY
6. 1000 Block of Canada Place - Approval in Principle of Leaseback Portion of City Street for Convention Centre Parking Purposes
September 30, 2002 (File 6007)
MOVED by Councillor Clarke
THAT The General Manager of Engineering Services be authorized to advise the Provincial Government that the City would be prepared to lease a volumetric portion of the 1000 block of Canada Place to the new Vancouver Convention and Exhibition Centre for parking and pedestrian connections, for a nominal amount and for a period of 60 years or the life of the structure whichever comes first.
FURTHER THAT the General Manager of Engineering Services and Director of Legal Services report back on the specific terms of the lease.
Carried
AMENDMENT MOVED by Councillor Bass
THAT the motion be amended by adding the words "potential transit" after the word "parking".
LOST
(Councillors Clarke, Kennedy, Don Lee, McCormick, Puil, Sullivan and the Mayor opposed)The amendment having lost, Councillor Clarke's motion was put and CARRIED UNANIMOUSLY.
7. Award of Request for Proposal PS02027 - Implementation of SAP Plant Maintenance and Asset Management Modules
September 25, 2002 (File 1194)
MOVED by Councillor Puil
A. THAT Council approve an increase in the budget for the implementation of the SAP Plant Maintenance and Asset Management modules by $67,000 to $875,000; source of funding to be provided in advance of the 2003 Capital Budget.
B. THAT Council authorize the General Manager of Corporate Services to enter into negotiations and, subject to achieving a contract satisfactory to the Director of Legal Services, to conclude an agreement with Deloitte Consulting to provide consulting services to assist the City with the implementation of the SAP Plant Maintenance and Asset Management modules for Building/Property management at a cost not to exceed $475,000 (plus the Goods and Services Tax less the anticipated receipt of the municipal rebate); source of funding to be the PM/AM Modules project budget approved in the 2002 Supplementary Capital Budget.
CARRIED UNANIMOUSLY
OTHER REPORTS
I. Report of Vancouver Family Court/Youth Justice Committee
September 30, 2002 (File 3118-1)Cl. 1: Vancouver Family Court/Youth Justice Committee Conference Funding
The report was withdrawn.
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 LouisTHAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to regulate the procedures of Council and its committees
(By-law No. 8554)
MOVED by Councillor Puil
SECONDED by Councillor SullivanTHAT 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 Puil
SECONDED by Councillor SullivanTHAT 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 Vehicles for Hire By-law No. 6066 re taxicabs
(By-law No. 8555)
MOVED by Councillor Puil
SECONDED by Councillor SullivanTHAT 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 Puil
SECONDED by Councillor SullivanTHAT 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
ENQUIRIES AND OTHER MATTERS
1. Leaves of Absence (File 1254)
Councillor Louis enquired whether Councillors could be required to indicate the purpose of any requested Leaves of Absence.
The City Clerk advised it is always appropriate for Council to understand the decisions it is voting on. If Council requires clarification on the reason for a Leave of Absence, it is entirely appropriate for Council to ask.
2. Award of Green Investment Grant (File 3253)
Councillor Puil announced the City of Vancouver has received a grant from the Federation of Canadian Municipalities (FCM) Green Investment Innovative Fund for the City's project at the landfill site for utilization of methane gas.
3. Housing of Homeless People (File 4659)Councillor McCormick enquired on the status of her request of last week regarding the early opening of temporary shelters.
The City Manager advised she has met with staff to discuss the matter and will be able to provide a report in a few weeks on the numbers and locations of shelters.
4. Special Events Public Notification (File 4201)
Councillor McCormick advised of a number of reports which she has received from the public of being startled by the practising of the Snowbirds for the Queen's visit. She enquired if there could be a process whereby the City could notify the public of future similar events.
5. Monitoring of Greenhouse Gases (File 3752)
Councillor Bass enquired as to when Council will receive an assessment of how much greenhouse gases Vancouver generates and whether the City has a plan to monitor greenhouse gases. He also asked how greenhouse gas generation relates to the City's sustainability initiative.
The City Manager advised the City would provide information to the GVRD but the monitoring is conducted by the GVRD. The City has looked to the GVRD to take a leadership role in the area of monitoring. A staff group is looking at sustainability issues.
Councillor Puil, as Chair of the GVRD, advised the GVRD is the regulatory body on monitoring and has a proficient monitoring system. The GVRD would be able to provide the information and a copy of their most recent report.
6. Removal of Homeless People from Woodward's Site (Files 3701/4659)
Councillor Louis enquired on the status of his enquiry from last week requesting confirmation of reports of the City's sanitation trucks being dispatched to the Woodward's site and all the belongings of the individuals disposed of into the garbage trucks.
The City Manager advised she is still looking into the allegations and will be reporting back when that information is available.
The Council adjourned at 4:00 p.m.
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