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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES MARCH 11, 2003 |
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, March 11, 2003, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Mayor Larry Campbell
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Marg Coulson, Deputy City Clerk
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PRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
ANNOUNCEMENT - United Nations Award for "Innovation in Public Service" (File 1051)
The Mayor announced the City of Vancouver has won a United Nations award for "Innovation in Public Service" for its Neighbourhood Integrated Service Team (NIST) program. The Mayor congratulated staff and noted Vancouver was chosen from hundreds of applicants and is the only city in North America to win the award.
PROCLAMATION: INTERNATIONAL WOMEN'S DAY (File 1051)
The Mayor read a proclamation recognizing Saturday March 8, 2003 as International Women's Day and described how his office is addressing issues related to women.
"IN CAMERA" MEETING
MOVED by Councillor Louis
SECONDED by Councillor Cadman
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.
CARRIED UNANIMOUSLY
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF FEBRUARY 25, 2003
Council made appointments to the following civic agencies:
- Family Court/Youth Justice Committee
- Urban Design Panel.
Names of those appointed are available from the City Clerk's Office.
ADOPTION OF MINUTES
1. Regular Council (Transportation and Traffic) - February 11, 2003
MOVED by Councillor Bass
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
2. Special Council (Court of Revision) - February 12, 2003
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Regular Council (City Services and Budgets) - February 13, 2003
MOVED by Councillor Louis
SECONDED by Councillor Stevenson
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
4. Business License Hearing - February 13, 2003
MOVED by Councillor Bass
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
5. Regular Council - February 25, 2003
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
REPORT REFERENCE
1. 2003 Operating Budget
March 5, 2003 (File 1605)
Estelle Lo, General Manager of Corporate Services, and Ken Bayne, Director of Financial Planning and Treasury, presented a Report Reference on the preliminary estimates for the 2003 Operating Budget. Ms. Lo presented an overview of the operating budget process and Mr. Bayne gave a detailed presentation on anticipated revenues and expenditures, options for Council to balance the budget for 2003, and described the public process for the public's ability to provide in-put to Council.
MOVED by Councillor Louis
THAT Council postpone consideration and decision on the Administrative Report "2003 Operating Budget - Preliminary Estimates" to the Council meeting immediately following the Standing Committee on Planning and Environment meeting on Thursday, March 13, 2003.
CARRIED
(Councillors Ladner and Sullivan opposed)
2. Vancouver Drug Policy Implementation and Vancouver's Coalition for Crime Prevention and Drug Treatment Work Plan
March 4, 2003 (File 4113)
Donald MacPherson, Drug Policy Coordinator, presented a Report Reference on Vancouver Drug Policy Implementation and Vancouver's Coalition for Crime Prevention and Drug Treatment Work Plan. Mr. MacPherson briefly reviewed the background to the City's drug policy work and outlined the next phase of work to be carried out in the City in the next three years, which will be focused on implementation. Mr. MacPherson also sought approval for the extension of the position of Drug Policy Coordinator and funding for the period of three years.
MOVED by Councillor Cadman
A. THAT Council approve the extension of the position of Drug Policy Coordinator for a three year term beginning May 2003, at a cost of $95,000 per year to be funded from the Community Services Group operating budget.
B. THAT Council approve funding for Vancouver's Coalition for Crime Prevention and Drug Treatment for a period of three years as detailed in the Administrative Report "Vancouver Drug Policy Implementation and Vancouver's Coalition for Crime Prevention and Drug Treatment Work Plan", dated March 4, 2003 at a cost of $205,000 per year, source of funds to be the Community Services Group operating budget with the following positions created subject to classification review by the General Manager of Human Resources:
Social Planner 1;
Administrative Assistant III;
support for fund development activities and communications.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Louis
THAT Council adopt Administrative Reports A2 to A4, A6 to A8, and A10, on consent.
CARRIED UNANIMOUSLY
ADMINISTRATIVE REPORTS
1. Tourism Vancouver - Interim Payments of 2% Hotel Tax - 2003
February 12, 2003 (File 6008)
MOVED by Councillor Bass
THAT Council suspend its practice of not hearing delegations at a Regular Council meeting and allow the representatives for Tourism Vancouver to speak.
LOST
(Councillors Cadman, Green, Ladner, Louie, Roberts, Stevenson, Sullivan, Woodsworth and the Mayor opposed)
MOVED by Councillor Ladner
THAT Council authorize on an interim basis, pending the implementation of Provincial legislative changes to the Hotel Room Tax Act, the remittance of the 2% Hotel Tax revenues for 2003 to Tourism Vancouver, the amounts of each remittance not to exceed actual receipts from the Province of the 2% tax.
CARRIED UNANIMOUSLY
2. Proposed Lease of a portion of the East Side of Birch Street, north of West 6th Avenue
February 18, 2003 (File 5104)
A. THAT Council close, stop-up and lease to the abutting owner (the "Lessee") the surface of all that portion of the east side of Birch Street, north of West 6th Avenue, adjacent to 1275 West 6th Avenue, being Lots 65 and 66, both of False Creek, Plan 17608, as shown hatched and in heavy outline on the plan attached hereto as Appendix "A" to the Administrative Report "Proposed Lease of a portion of the East Side of Birch Street, north of West 6th Avenue" dated February 18, 2003, subject to the following conditions:
1. The term of the lease to be three (3) years, with a three (3) month notice of cancellation should the lease area be required for any municipal purpose;
2. The rental to be $10,200.00 per year inclusive of all real property taxes, plus PST & GST if applicable as per the recommendation of the Director of Real Estate Services;
3. The lease area is to provide access to the adjacent Lots 65 and 66, both of False Creek, Plan 17608, and to be used for parking purposes only;
4. There are to be no permanent buildings or structures permitted on the lease area;
5. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
6. The Lessee is to install concrete barriers at the northerly limit of the lease area, and to maintain the existing retaining wall on the lease area;
7. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the General Manager of Engineering Services;
8. 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;
9. 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 Real Estate Services and the Director of Risk Management;
10. The lease agreement to be to the satisfaction of the Director of Legal Services, the Director of Real Estate Services and the General Manager of Engineering Services and may contain other terms and conditions to the satisfaction of the Director of Legal Services, the Director of Real Estate Services and the General Manager of Engineering Services; and
11. The Lessee to enter into an encroachment agreement with the City, in accordance with the Encroachment By-Law, to validate an encroachment of the building situated on the adjacent Lot 66, False Creek, Plan 17608 onto the east side of Birch Street, north of West 6th Avenue, as shown in heavy outline on the plan attached as Appendix "A" to the Administrative Report "Proposed Lease of a portion of the East Side of Birch Street, north of West 6th Avenue" dated February 18, 2003.
It should be noted that no legal right or obligation is created and none shall arise until execution of the lease.
ADOPTED ON CONSENT
3. Local Improvements Flat Rates and Project to be Reduced in Scope
February 19, 2003 (File 5802)
A. THAT the flat rates shown on the "List of Projects Completed in 2002", on file in the City Clerk's Office be approved.
B. THAT a previously approved project numbered Court #569, Item #072, as described in detail in the body of the Administrative Report "Local Improvements Flat Rates and Project to be Reduced in Scope" dated February 19, 2003, be reduced in scope.
ADOPTED ON CONSENT
4. New Engineering Works Yard Award of Tender for Exterior and Interior Steel Stud Wall Systems
February 24, 2003 (File 1805)
A. THAT Council approve award of Contract No.0909260 for exterior and interior steel stud wall systems to the low complete tenderer, Comren Contracting Ltd., in the amount of $718,498.55 which includes PST and GST (less any municipal rebate received). The funding is to be provided from Yards Basic Capital account numbers 30005178, 30006063, 30006064, 30006065 and 30006066 under yard order group CA2EF.
B. THAT the General Manager of Engineering Services be authorized to execute and deliver a Notice of Award on behalf of the City, and the Director of Legal Services be authorized to execute and deliver contract No. 0909260 on behalf of the City.
C. THAT no legal rights or obligations will be created or arise by Council's approval of "A" unless and until a Notice of Award is executed and delivered by the City to Comren Contracting Ltd.
ADOPTED ON CONSENT
5. Cost-Sharing Agreements with TransLink and Others
February 25, 2003 (Files 1756/5561)
MOVED by Councillor Louis
THAT the Director of Legal Services, in consultation with the General Manager of Engineering Services, be given standing authority to execute on behalf of the City, agreements with TransLink, and in the opinion of the General Manager of Engineering Services other similar funding agencies, for the sharing of costs of selected street, transit and bicycle capital projects, noting that such agreements may require a general indemnification by the City of TransLink or other funding agencies for any losses by them that relate to the cost-sharing relationship, provided that these agreements are otherwise drawn to the satisfaction of the Director of Legal Services.
CARRIED UNANIMOUSLY
6. 1 Kingsway Project - Award of Contract for Consulting Services
February 25, 2003 (File 1805)
THAT the contract for consulting services for 1 Kingsway Project be awarded to Busby and Associates Architects at an estimated fee of $1,372,500, exclusive of GST and disbursements, comprising architectural fees of $904,000 and the major consultants (structural, mechanical, electrical and landscape) fees of $468,500; source of funding to be existing Capital Funding for 1 Kingsway project. Said fees to be assigned to each component of the project on the basis of the Architectural Institute of British Columbia Tariff of Fees.
ADOPTED ON CONSENT
7. Correction to Recent Fee Increases - Building By-law
February 27, 2003 (File 113)
THAT Council approve an amendment to the Fee Schedule to the Building By-law, to correct an oversight in recent revisions that increased fees, by re-establishing and increasing the fee for a re-occupancy permit for any building that the Chief Building Official has ordered vacated because of an unsafe condition;
FURTHER THAT the Director of Legal Services bring forward for enactment the necessary by-law amendment to By-law No. 8057.
ADOPTED ON CONSENT
8. Business License Hearing Panel for March 13, 2003
February 28, 2003 (File 2711-1)
THAT Council delegate the holding of a business license hearing presently scheduled for March 13, 2003 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 a referral to Council by the Chief License Inspector of an application for a year 2003 business license by Van Lang Nguyen dba Ninh Kieu at 1151 Kingsway and the power to make a Council decision in relation to that hearing be delegated to:
Councillor Tim Louis, Chair
Councillor Jim Green
Councillor Anne Roberts
Should any of the above Members of Council be unable to attend the hearing, 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 Peter Ladner.
ADOPTED ON CONSENT
9. Official Results of Olympic Vote
February 26, 2003 (File 1102)
MOVED by Councillor Ladner
THAT the Administrative Report "Official Results of Olympic Vote" dated February 26, 2003, be received for information.
CARRIED UNANIMOUSLY
10. Award of Contract for the Purchase of Photocopiers
February 27, 2003 (File 1805)
THAT Council approve the award of a contract to Minolta Business Equipment (Canada) Ltd. to supply photocopiers at a cost of approximately $320,000.00 plus taxes to the Vancouver Public Library with funding to come from the Library's equipment reserve account and that the Director of Corporate Services of the Library be authorized to issue the purchase order.
ADOPTED ON CONSENT
OTHER REPORTS
I. Report of Special Advisory Committee on Disability Issues
January 29, 2003 (Files 3053-1/3155)
1. Sidewalk Local Improvement Process
MOVED by Councillor Louis
THAT Council, in conjunction with forthcoming additional information from staff (the staff report on the Sidewalk Task Force report), pursue a model of sidewalk funding and construction that specifically ensures that sidewalk construction, a key component of accessibility throughout the City, is not delayed or prevented due only to adjacent property owners' concerns.
CARRIED UNANIMOUSLY
MOVED by Councillor Ladner
FURTHER THAT consideration be given to eliminating City funding for lane improvements.
Withdrawn
Councillor Ladner agreed to submit the motion for consideration to the Regular Council meeting on March 25,2003.
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Louis
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT Council, except for those members excused as noted in the agenda, enact the by-laws listed on the agenda for this meeting as numbers 1 to 13 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to amend Encroachment By-law No. 4243 to regulate certain encroachment fees (By-law No. 8645)
2. A By-law to amend Building By-law No. 8057 to increase re-occupancy fees (Subject to approval of A7) (By-law No. 8646)
3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (5055 Connaught Drive) (By-law No. 8647)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 3)
4. A By-law to designate certain real property as protected heritage property (5055 Connaught Drive) (By-law No. 8648)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 4)
5. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (2162 Parker Street) (By-law No. 8649)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 5)
6. A By-law to designate certain real property as protected heritage property (2162 Parker Street) (By-law No. 8650)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 6)
7. A By-law to amend By-law No. 6744, By-law No. 6747, By-law No. 6757, By-law No. 7156, By-law No. 7200, By-law No. 7232, By-law No. 7248, By-law No. 7675, By-law No. 7677, By-law No. 7681, By-law No. 8109, and By-law No. 8587 (CD-1 By-laws - Affordable Housing) (By-law No. 8651)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 7)
8. A By-law to amend By-law No. 8043 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1(1005 Beach Avenue) (By-law No. 8652)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 8)
9. A By-law to amend By-law No. 8131 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1 (655 Great Northern Way) (By-law No. 8653)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 9)
10. A By-law to amend Zoning and Development By-law No. 3575 (Sections 5 and 6 of Z &D By-law - Miscellaneous Text) (By-law No. 8654)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 10)
11. A By-law to amend Zoning and Development By-law No. 3575 (Section 3 of Z & D By-law - Burned Buildings) (By-law No. 8655)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 11)
12. A By-law to amend False Creek North Official Development Plan By-law No. 6650 and Coal Harbour Official Development Plan By-law No. 6754 (ODP By-laws - Affordable Housing) (By-law No. 8656)
(Councillors Bass, Green, Ladner and Woodsworth excused from voting on By-law 12)
13. A By-law to amend By-law No. 8149 being the Vancouver Development Cost Levy By-law (Rate for Parking Structures) (By-law No. 8657)
ENQUIRIES AND OTHER MATTERS
1. Impact of Trade Agreements on Municpal Governments (File 6001)
Councillor Green reported on a recent Federation of Canadian Municipalities meeting he attended at which the impact of trade agreements (eg. the General Agreement on Trade in Services and Free Trade Areas of the Americas) on municipal governments was discussed. He referred to a motion approved by the FCM opposing the inclusion of any municipal services or regulations in trade negotiations.
Councillor Green requested staff to report back on the legal encumbrances the various trade agreements may have on the City's ability to deliver services to the citizens of Vancouver and how the City can enact remedies.
2. 2010 Winter Olympic Games and Paralympic Winter Games (File 4209)
The Mayor referred to a report "Ensuring Vancouver's Olympic and Paralympic Legacy - Recommendations from the Mayor's Forums on Vancouver's participation in the 2010 Olympic Games and Paralympic Winter Games", dated February 19, 2003.
The Mayor advised he will give a copy of the report to each Councillor and to the City Manager for follow-up by staff.
The Council adjourned at 4:30 p.m.
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