Vancouver City Council |
CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
JANUARY 28, 2003
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, January 28, 2003 at 4:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT:
Mayor Larry Campbell
Councillor Fred Bass
Councillor David Cadman
Councillor Jim Green
Councillor Peter Ladner
Councillor Raymond Louie
Councillor Tim Louis
Councillor Anne Roberts
Councillor Tim Stevenson
Councillor Sam Sullivan
Councillor Ellen WoodsworthCITY MANAGER'S OFFICE:
Judy Rogers, City Manager
CITY CLERK'S OFFICE:
Syd Baxter, City Clerk
Tarja Tuominen, Meeting CoordinatorPRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
PROCLAMATION: BLACK HISTORY MONTH - (File 1051)
The Mayor read a proclamation recognizing the month of February as Black History Month and presented the proclamation to Sadie Kuehn. Ms. Kuehn provided an overview of events celebrating Black History Month and introduced Professor Albert Smith and Larry Kennis, who gave a musical presentation.
CONDOLENCES
Council recognized the recent passing of John Clarke, a Vancouver resident and one of Canada's leading conservationists, environmental educators and mountaineers. Council expressed its sympathies to Mr. Clarke's family, friends and colleagues on their loss.
"IN CAMERA" MEETINGMOVED by Councillor Green
SECONDED by Councillor Stevenson
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;
(c) labour relations or employee negotiations;
(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 16, 2003
Council made appointments to the Vancouver Public Library Board. Names of those appointed can be obtained from the City Clerk's Office.
ADOPTION OF MINUTES
1. Regular Council - January 14, 2003
MOVED by Councillor Roberts
SECONDED by Councillor Ladner
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Bass
SECONDED by Councillor Cadman
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
COMMUNICATIONS
1. Appointment of Council Liaison Councillor to the Vancouver Heritage Foundation Board (File 3002)
MOVED by Councillor Roberts
THAT Councillor Green be appointed as the Liaison Councillor to the Vancouver Heritage Foundation Board.
CARRIED UNANIMOUSLY
2. Appointment of Council Liaison to Vancouver Economic Development Commission (File 3143)
MOVED by Councillor Bass
THAT, effective immediately, Councillor Tim Stevenson be the Council Liaison on the Vancouver Economic Development Commission, replacing Councillor Fred Bass.
CARRIED UNANIMOUSLY
3. Appointment of Council Representatives to Advisory Committees (File 3002)
MOVED by Councillor Louie
THAT Council approve the following appointments of Council representatives to Advisory Committees for a maximum term of January 28, 2003 to December 5, 2003, subject to Council consideration of the findings of the Advisory Bodies Task Force Review:
Councillor Fred Bass Bicycle Advisory Committee
Councillor Jim Green Special Advisory Committee on Cultural Communities
Councillor Tim Louis Special Advisory Committee on Disability Issues
Councillor Ellen Woodsworth Special Advisory Committee on SeniorsCARRIED UNANIMOUSLY
4. Appointment of Advisory Body Task Force (File 3002)
MOVED by Councillor Louie
THAT Council approve the following appointments to the Advisory Body Task Force for the duration of the Review:
Council Members Councillor Jim Green
Councillor Tim Louis
Councillor Ellen WoodsworthStaff Jacquie Forbes-Roberts, General Manager of Community Services
Syd Baxter, City Clerk
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENTMOVED by Councillor Green
THAT Council adopt Administrative Reports A1 to A4, and A6 and Policy Reports P2 and P3, on consent.
CARRIED UNANIMOUSLY
ADMINISTRATIVE REPORTS
1. Deletion of Duplicate Designations of Certain Gastown Properties from Part I of the Heritage By-law
January 15, 2003 (File 113)
THAT Council approve deletion of the duplicate heritage designations for 211 Columbia Street, 55 Water Street, 310 Water Street, and 16 East Hastings Street from Part I of the Heritage By-law;
FURTHER THAT Council authorize the Director of Legal Services to bring forward, for consideration by Council, a by-law that will effect the deletion of such designations.
ADOPTED ON CONSENT
2. Form of Development: 5666 Ormidale Street
January 10, 2003 (File 2607)
THAT the form of development for this portion of the CD-1 zoned site known as 5448-5666 Ormidale Street (5666 Ormidale Street being the application address) be approved generally as illustrated in the Development Application Number DE407053, prepared by Palad Designs and stamped "Received, Community Services, Development Services January 8, 2003", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.
ADOPTED ON CONSENT
3. Award of Tender PS02049 - Supply and Delivery of Municipal Castings
January 2, 2003 (File 1805)
THAT Council accept the low bid meeting specifications and offering best value from Westview Sales Limited for the supply and delivery of Municipal Castings for a 36 month period from the date of purchase order, with the option to extend for two (2) additional twelve (12) month periods, at an estimated three (3) year cost of $763,915.19, plus the PST and 7% GST (less any municipal rebate received) subject to a contract satisfactory to the Director of Legal Services.
ADOPTED ON CONSENT
4. Award of Design and Construction Management Contract for a new precast plant at 900/1100 East Kent
January 13, 2003 (File 1805)
A THAT subject to B and C below, Council authorize and approve a contract with Westmar Consultants Inc. for:
(i) Design and construction management services at a total cost not to exceed $257,000 plus applicable taxes with financing previously approved through Capital Financing Fund Loans.
(ii) General project services as outlined in the Administrative Report "Award of Design and Construction Management Contract for a new precast plant at 900/1100 East Kent" dated January 13, 2003, at a cost not to exceed $140,000 plus applicable taxes with financing previously approved through Capital Financing Fund Loans,
on terms and conditions satisfactory to the General Manager of Engineering Services and the Director of Legal Services.
B THAT the Director of Legal Services be authorized to execute and deliver the contract on behalf of Council once the contract is in a form which is satisfactory to the General Manager of Engineering Services and the Director of Legal Services.
C THAT no legal rights are hereby created and none shall arise unless and until the contract is approved as to from by the General Manager of Engineering Services and the Director of Legal Services and has been executed and delivered by the Director of Legal Services.
ADOPTED ON CONSENT
5. Renovation of the Central Residence: 42-44 East Cordova Street - Budget Increase and Award of Contract
January 15, 2003 (File 5101/1805)MOVED by Councillor Bass
A. THAT Council approve a revised capital budget for the renovation of the Central Residence to create 64 enlarged SRO units (54 with bathrooms and 10 without) at an estimated total cost of $1,970,000, with funding to be provided from the insurance proceeds for two recent fires in the building ($178,000), from BC Housing ($1,364,000), and from the existing capital funding allocated to the City's Affordable Housing Fund ($428,000), an increase from the previously approved budget of $428,000.
B. THAT the construction contract for the renovation of the Central Residence be awarded to Parkwood Construction Ltd., in the
amount of $1,132,749 plus GST; source of funding to be the revised Central Residence renovation capital budget.
CARRIED UNANIMOUSLY
6. FCM, UBCM and LMMA Membership Fees: 2003-2004
January 2, 2003 (File 123/3252/3253)
THAT grants to the following organizations for the 2003-2004 membership fees be approved, the source of funds being the 2003 Operating Budget:
(a) Federation of Canadian Municipalities $57,395.00
(b) Union of British Columbia Municipalities $38,530.57
(c) Lower Mainland Municipal Association $ 1,000.00.ADOPTED ON CONSENT AND
BY THE REQUIRED MAJORITY7. Little Mountain Neighbourhood House - Partnership with Vancouver Public Library and a Capital Grant
January 7, 2003 (File 2005/8020)MOVED by Councillor Roberts
A. THAT Council approve in principle the co-location of expanded replacement facilities for the Riley Park Storefront Branch of the Vancouver Public Library and Little Mountain Neighbourhood House at 3867-3891 Main Street, subject to a report back with final capital and operating cost estimates; and
B. THAT Council approve a Capital Grant of up to $100,000 to the Little Mountain Neighbourhood House Society to fund preliminary design and detailed project costing; source of funds is the 2002 Capital Budget - Little Mountain Neighbourhood House.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY8. Authority to Travel to FCM, December 2002
January 15, 2003 (File 1254)
MOVED by Councillor Sullivan
THAT Council authorize payment of $985.62 for Councillor Fred Bass to travel to Ottawa, Ontario to attend meetings at the Federation of Canadian Municipalities from December 4 - 6, 2002.
CARRIED UNANIMOUSLY
MOVED by Councillor Green
THAT Councillor Bass be appointed to the Environment Committee of the Federation of Canadian Municipalities and the payment of his travel expenses to the meetings of that Committee be authorized for as long as he retains that appointment.
CARRIED UNANIMOUSLY
POLICY REPORTS
1. Replacing "Non-Market Housing" with "Affordable Housing" in the False Creek North ODP and CD-1 By-laws, the Coal Harbour ODP and CD-1 By-laws, and the Bayshore Gardens and CityGate CD-1 By-laws
January 13, 2003 (File 113)MOVED by Councillor Green
THAT the Director of Current Planning be instructed to make application to amend the False Creek North ODP, the Coal Harbour ODP, the CD-1 By-laws for sites located within these ODPs, the CD-1 By-law for CityGate and the CD-1 By-law for Bayshore Gardens to replace all occurrences of "non-market housing" with "affordable housing" generally in accordance with Appendix A of the Policy Report "Replacing "Non-Market Housing" with "Affordable Housing" in the False Creek North ODP and CD-1 By-laws, the Coal Harbour ODP and CD-1 By-laws, and the Bayshore Gardens and CityGate CD-1 By-laws" dated January 13, 2003, and that the application be referred to a Public Hearing;
FURTHER THAT the CD-1 By-laws and ODP be amended by inserting the words "and/or co-op"after the words "market rental"and before the word "units".
AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-law(s) for consideration at the Public Hearing.
CARRIED UNANIMOUSLY
2. CD-1 Text Amendment - 655 Great Northern Way
January 10, 2003 (File 5304)
THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 8131 to correct errors generally in accordance with Appendix A of the Policy Report "CD-1 Text Amendment - 655 Great Northern Way" dated January 10, 2003, and that the application be referred to Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.
ADOPTED BY CONSENT
3. CD-1 Text Amendment - 1005 Beach Avenue
January 10, 2003 (File 5303)
THAT the application by Lawrence Doyle Architects to amend CD-1 By-law No. 8043 for 1005 Beach Avenue to increase the penthouse ceiling height, generally in accordance with Appendix A of the Policy Report "CD-1 Text Amendment - 1005 Beach Avenue" dated January 10, 2003, be referred to Public Hearing and be approved;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-law for consideration at the Public Hearing.
ADOPTED BY CONSENT
4.Amendment to the Zoning and Development By-law - Relaxation for Burned Buildings
November 26, 2002 (File 113)MOVED by Councillor Green
A. THAT the Director of City Plans be instructed to make application to amend the Zoning and Development By-law, generally in accordance with Appendix A of the Policy Report "Amendment to the Zoning and Development By-law - Relaxation for Burned Buildings" dated November 26, 2002, so that the Director of Planning must relax the provisions of the RT-3, RT-4/4A/4N/4AN, RT-5/5A/5N/5AN, RT-6, RT-7, RT-8 and RT-9 District Schedules to permit the reconstruction of developments containing Multiple Conversion Dwellings and/or Infill in cases where destroyed by fire, and that the application be referred to a Public Hearing;
FURTHER THAT the Director of Legal Services prepare the necessary by-law for consideration at the Public Hearing.
B. THAT, if the amendment is approved at the Public Hearing and enacted, the Director of Legal Services then be instructed to remove the restrictive covenants on title of some properties, as noted in the Policy Report "Amendment to the Zoning and Development By-law - Relaxation for Burned Buildings" dated November 26, 2002.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
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 CadmanTHAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Green
SECONDED by Councillor Stevenson
THAT Council enact the by-laws listed on the agenda for this meeting as numbers 1 to 3 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to amend Heritage By-law No. 4837 (Deletion of designation of certain parcels of real property situate in Gastown) (By-law No. 8621)
2. A By-law to enact a Housing Agreement for 555 Homer Street (By-law No. 8622)
3. A By-law to amend Vehicles for Hire By-law No. 6066, to increase taxicab rates
(By-law No. 8623)MOTIONS
A. Administrative Motions
1. Raising title to lane in Block 5, Old Granville Townsite adjacent to City-owned properties located at 130-160 Water Street and 125 Cordova Street - Woodwards Parkade (File 5807)
MOVED by Councillor Roberts
SECONDED by Councillor Stevenson
THAT WHEREAS the City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
AND WHEREAS it is deemed expedient and in the public interest to raise title in the name of the City of Vancouver for that portion of Lane dedicated by the deposit of Plan 168 in Block 5, Old Granville Townsite, adjacent to Lot K Block 5 Old Granville Townsite Plan BCP203 and Lot J Block 5 Old Granville Townsite Plan LMP52319;
THEREFORE BE IT RESOLVED that the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver, to that portion of Lane dedicated by the deposit of Plan 168 in Block 5, Old Granville Townsite and included within the bold outline on a Reference Plan, attested to by A. Di Nozzi, B.C.L.S., representing a survey completed on the 30th day of October, 2002, marginally numbered LD 3890.
CARRIED UNANIMOUSLY
B. Members' Motions
1. Motion to Seek Peaceful Resolution to Iraq Situation (File 1263)
The following Notice of Motion was submitted by Councillor Louis:
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
WHEREAS, the UN General Assembly in Resolution A/RES/39/159 demands that all "states take no actions aimed at military intervention and occupation, forcible change in or undermining of the socio-political system of states, destabilization and overthrow of their governments and, in particular, initiate no military action to that end under any pretext whatsoever and cease forthwith any such action already in progress";
AND WHEREAS, unilateral, preemptive military action by the United States without a legally valid United Nations Security Council resolution would violate Articles 2 and 51 of the United Nations Charter and international customary law;
AND WHEREAS, such action would thus constitute the supreme international crime according to the principles laid down by the Nuremberg Tribunal;
AND WHEREAS, the Security Council is bound to act in accordance with the Purposes and Principles of the UN Charter to maintain international peace and can authorize the use of limited force only when:
· there exists a proven threat to international peace and security, and;
· all peaceful means have failed to contain the identified threat, and;
· use of force is necessary, proportionate to the threat and is in the common interest.AND WHEREAS, Canada's National Defence Act, R.S. 1985, C. N-5 stipulates that Canada may engage in military action in the event that Canada or a NATO ally is attacked or pursuant to an action taken under the UN Charter;
AND WHEREAS, according to UNICEF and other international relief agencies, non-military sanctions against Iraq have resulted in the deaths of hundreds of thousands of children due to inadequate food, water and medicine;
AND WHEREAS, a further war in Iraq would result in extensive death, injury and suffering to the Iraqi people;
AND WHEREAS, the United Nations declared this decade, 2000-2010 as the "International Decade for a Culture of Peace and Non-Violence for the Children of the World" (UN Declaration 53/25, November 10, 1998), urging all people and all levels of government to seek non-violent approaches to conflict resolution and wider education about international law and alternatives to war;
AND WHEREAS, many cities in North America have passed resolutions expressing opposition to use of military force to compel a regime change in Iraq, including Washington, DC, Seattle, Washington, Albuquerque, New Mexico, Santa Cruz, California, Ithaca, New York, Santa Fe, New Mexico, New Haven, Connecticut, Oakland, California, and Ann Arbor, Michigan.
THEREFORE BE IT RESOLVED THAT, Vancouver City Council:
(a) Hereby express our opposition to a threatened United States' pre-emptive military action against Iraq that is not explicitly authorized by a legally valid United Nations Security Council resolution; and
(b) Hereby urge the Federal Government of Canada to take all diplomatic measures to urge the United States to adhere to the requirements of the UN Charter and to work with and through the United Nations to obtain peaceful compliance by Iraq with United Nations Security Council Resolution #1441 concerning the disarmament of Iraq of nuclear, chemical and biological weapons; and
(c) Hereby call on all governments, especially the Government of Canada, to:
· comply with the United Nations Charter, and;
· reject a military approach to solving conflicts between states, and;
· seek to eliminate the root causes of conflict and find solutions by peaceful means for the common good of all; and
BE IT FURTHER RESOLVED, that the City of Vancouver is opposed to Canada's involvement in any military action against Iraq unless the military action is authorized by a legally valid resolution of the United Nations Security Council and by Canadian laws.
Referred
The Chair noted several requests to speak on this matter have been received.Councillor Sullivan rose on a point of order and requested the Mayor to rule on the validity of the Motion. The Mayor ruled that the Motion was within the bounds of Section 5.6(a) of the Procedure By-law as it is compatible with the purposes and objects of the Vancouver Charter including the health, safety, and welfare of the City's citizens.
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
THAT consideration of the Motion be referred to the Standing Committee on Planning and Environment meeting of January 30, 2003 in order to hear from speakers.
CARRIED
(Councillors Ladner and Sullivan opposed)NEW BUSINESS
1. Leave of Absence (File 1254)
MOVED by Councillor Louie
SECONDED by Councillor Bass
THAT Councillor Woodsworth be granted Leave of Absence due to Civic Business for the evening of January 29, 2003
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Vancouver Economic Development Commission Presentation (File 3143)
Councillor Green requested to have the Vancouver Economic Development Commission provide an overview and update at a future Standing Committee on Planning and Environment meeting.
The City Manager agreed to the request.
2. Cultural Presentations at Council Meetings (File 1253)
Councillor Green requested staff to look at the possibility of starting each Council meeting with a very short, 3 to 5 minute, presentation by a musician, poet or singer to showcase the artistic talent and cultural diversity of the city. He requested staff to report back on any difficulties they foresee in that taking place.
The City Manager agreed to the request.
3. Coverage of Council Meetings by Shaw Cable (File 1252)
Councillor Cadman enquired as to why Shaw Cable was not present to cover the Council meeting.
The City Clerk advised that due to a timing issue, Shaw was unable to cover the first portion of the meeting but will be present to start coverage at 7:30 in the evening.
Councillor Sullivan expressed concern that with the change in the Regular Council meeting time from 2:00 p.m. to 4:00 p.m., many staff will be unable to attend due to overtime problems.
4. Request for Council Briefing on Development Approvals (File 1253)
Councillor Ladner referred to a recent memorandum dated January 22, 2003 from Rick Scobie, Director of Development Services, on the development approval process and enquired on the possibility of having a Council briefing on this issue.
The Mayor advised he has requested a Council Briefing on this topic.
5. "Practising Democracy" Project Presentation at Council Meeting (File 1253)
Councillor Green reported on a project by Headlines Theatre called "Practising Democracy" He requested staff to report back on the feasibility of having Headlines Theatre give a small theatrical performance to Council as a way of having a number of groups present their ideas to Council. Councillor Green passed the relevant documentation on the project to the City Manager.
The City Manager agreed to follow up.
The Council adjourned at 5:05 p.m.
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