Vancouver City Council |
CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
OCTOBER 7, 2003
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 7, 2003, at 2:00 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:
Brent MacGregor, Deputy City Manager
CITY CLERK'S OFFICE:
Syd Baxter, City Clerk
Tarja Tuominen, Meeting Coordinator*Denotes absence for a portion of the meeting.
PRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
CONDOLENCES - George Wainborn - File 1055
Council recognized the recent passing of George Wainborn, a former Vancouver Park Commissioner and recipient of the Freedom of the City of Vancouver in 1991, and Order of Canada in 1999. Council expressed its sympathies to Mr. Wainborn's family.
PRESENTATION: BY KAREN MANG - File 1051
Council welcomed Karen Mang, accompanied by Anita Comba, who performed Vivaldi's "Nulla in mundo pax sincera" for Council.
"IN CAMERA" MEETING
MOVED by Councillor Bass
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):
(b) personal information about an identifiable individual who is being considered for an award or honour, or who has offered to provide a gift to the city on condition of anonymity;
(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;
(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 SEPTEMBER 16, 2003
· Council appointed Thomas Berger as the sole Commissioner for the City of Vancouver Commission on Electoral Reform.
ADOPTION OF MINUTES
1. Special Council (Public Hearing) - September 10, 2003
MOVED by Councillor Cadman
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
2. Regular Council (City Services and Budgets) - September 11, 2003
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Regular Council (Planning & Environment) - September 11, 2003
MOVED by Councillor Roberts
SECONDED by Councillor Woodsworth
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
4. Regular Council - September 16, 2003
MOVED by Councillor Cadman
SECONDED by Councillor Roberts
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
5. Regular Council (City Services & Budgets) - September 18, 2003
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
6. Regular Council (Planning & Environment - September 18, 2003
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Stevenson
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Bass
THAT Council adopt Administrative Reports A1 and A2, A4 and A5 and Policy Report P1 on consent.
CARRIED UNANIMOUSLY
COMMUNICATIONS
1. 2004 Council Meetings Schedule (File 1253)
THAT the following 2004 Council meetings schedule be approved.
ADOPTED ON CONSENT
2004 Council Meetings Schedule
9:30 am (Tuesday) |
Standing Committee on Transportation & Traffic (T&T) |
9:30 am (Thursday |
Standing Committee on City Services & Budgets (CS&B) |
9:30 am or 7:30 pm (Tuesday or Thursday) |
Business License Hearing |
2:00 pm (Tuesday) |
Regular Council |
2:00 pm (Thursday) |
Standing Committee on Planning & Environment (P&E) |
7:30 pm (Tuesday, Wednesday or Thursday) |
Public Hearing; Court of Revision |
JANUARY | ||||
6 |
Skip | |||
13 |
T&T Committee; Regular Council | |||
15 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
20 |
Skip | |||
27 |
Business License Hearing (9:30 am); Regular Council | |||
29 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
FEBRUARY | ||||
3 |
Court of Revision - BIA (7:30 pm) | |||
10 |
T&T Committee; Regular Council | |||
11 |
Court of Revision - Eng (7:30 pm) | |||
12 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
17 |
Skip | |||
24 |
Business License Hearing (9:30 am); Regular Council; Public Hearing (7:30 pm) | |||
26 |
CS&B and P&E Committees | |||
MARCH | ||||
2 |
Skip | |||
9 |
T&T Committee; Regular Council | |||
11 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
16 |
Skip (Spring Vacation: March 15-19) | |||
23 |
Business License Hearing (9:30 am); Regular Council | |||
25 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
30 |
Skip | |||
APRIL | ||||
6 |
T&T Committee; Regular Council | |||
8 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
13 |
Skip (Good Friday: April 9; Easter Monday: April 12) | |||
20 |
Business License Hearing (9:30 am); Regular Council; Public Hearing (7:30 pm) | |||
22 |
CS&B and P&E Committees | |||
27 |
Skip | |||
MAY | ||||
4 |
T&T Committee; Regular Council | |||
6 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
11 |
Skip (LMMA: May 5-7 - tentative) | |||
18 |
Business License Hearing (9:30 am); Regular Council | |||
20 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
25 |
Skip (Victoria Day: May 24; FCM in Edmonton: May 28-31) | |||
JUNE | ||||
1 |
Skip | |||
8 |
T&T Committee; Regular Council | |||
9 |
Court of Revision - Eng (7:30 pm) | |||
10 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
15 |
Skip | |||
22 |
Business License Hearing (9:30 am); Regular Council; Public Hearing (7:30 pm) | |||
24 |
CS&B and P&E Committees | |||
29 |
Skip (Canada Day: July 1) | |||
JULY | ||||
6 |
T&T Committee; Regular Council | |||
8 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
13 |
Skip | |||
20 |
Business License Hearing (9:30 am); Regular Council | |||
22 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
27 |
Skip | |||
AUGUST | ||||
2-31 |
Summer Recess | |||
SEPTEMBER | ||||
7 |
Skip (Labour Day: September 6) | |||
14 |
T&T Committee; Regular Council | |||
16 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
21 |
Skip (UBCM in Kelowna: September 20-24) | |||
28 |
Business License Hearing (9:30 am); Regular Council | |||
30 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
OCTOBER | ||||
5 |
T&T Committee; Regular Council | |||
7 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
12 |
Skip (Thanksgiving Day: October 11) | |||
19 |
Business License Hearing (9:30 am); Regular Council | |||
21 |
CS&B and P&E Committees; Public Hearing (7:30 pm) | |||
26 |
Skip | |||
NOVEMBER | ||||
2 |
T&T Committee; Regular Council | |||
4 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
9 |
Skip (Remembrance Day: November 11) | |||
16 |
Business License Hearing (9:30 am); Regular Council; Public Hearing (7:30 pm) | |||
18 |
CS&B and P&E Committees; Court of Revision - Eng (7:30 pm) | |||
23 |
Skip | |||
30 |
T&T Committee; Regular Council | |||
DECEMBER | ||||
2 |
CS&B and P&E Committees; Business License Hearing (7:30 pm) | |||
7 |
Skip | |||
14 |
Business License Hearing (9:30 am); Regular Council; Public Hearing (7:30 pm) | |||
16 |
CS&B and P&E Committees | |||
21/28 |
Skip (Christmas) | |||
ADMINISTRATIVE REPORTS
1. Business License Hearing Panel for October 9, 2003
September 30, 2003 (File 2711-1)
The report was withdrawn as the October 9, 2003 Hearing is not proceeding.
2. 3749 West 30th Avenue - Extension of Development and Building Permit No. DB412167
September 8, 2003 (File 2609)
THAT City Council approve an extension of Development and Building Permit No. DB412167 for 3749 West 30th Avenue until March 6, 2004.
ADOPTED ON CONSENT
3. Approval of Easement Agreements for encroachments and parking onto
the City-owned property at 130-160 Water Street
September 19, 2003 (File 5807)
MOVED by Councillor Louie
A. THAT Council authorize the Director of Legal Services to execute on behalf of the City Easements to be registered over the City-owned land, being Lot J, Block 5, Old Granville Townsite, Plan LMP52319 at 130-160 Water Street; to validate encroachments of portions of the building, and to provide for access and egress to the building, situate on Lot 8 and the West Half of Lot 7, Block 5, Old Granville Townsite, Plan 168, at 162-170 Water Street onto the City-owned land. The Easements to be granted for a nominal fee and to be to the satisfaction of the Directors of Real Estate and Legal Services.
B. THAT Council authorize the Director of Legal Services to execute on behalf of the City a registered Parking Easement Agreement with the owner of the Leckie Building at 162-170 Water Street, for the provision of up to 60 parking spaces at market rates and otherwise as generally described in the Administrative Report "Approval of Easement Agreements for encroachments and parking onto the City-owned property at 130-160 Water Street" dated September 19, 2003; such agreement to be the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.
CARRIED UNANIMOUSLY
4. Boundary Road Maintenance Agreement
September 19, 2003 (File 1203)
A. THAT Council approve the new Boundary Road maintenance agreement including the indemnity granted by the City of Vancouver to the City of Burnaby, substantially in the form attached to the Administrative Report "Boundary Road Maintenance Agreement" dated September 19, 2003, as Appendix A, and that Council authorize the General Manager of Engineering Services to negotiate any further minor changes to the agreement, and to execute the agreement.
B. THAT Council authorize the Director of Legal Services to bring forward a by-law authorizing a replacement maintenance agreement for Boundary Road, between Vancouver and Burnaby, to be effective on adoption of a by-law by each of Vancouver and Burnaby.
ADOPTED ON CONSENT
5. Form of Development: 4899 Valley Drive
October 1, 2003 (File 2609)
THAT the form of development for the CD-1 zoned site known as 4625 - 4875 Valley Drive (4899 Valley Drive being the application address) be approved generally as illustrated in the Development Application Number DE407580, prepared by Gurney & Halkier Architects Inc. and stamped "Received, City Planning Department, September 11, 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
6. Award of Consultant Services Contracts - Statements of Significance for Gastown, Chinatown and Hastings Street
October 2, 2003 (File 1805)
MOVED by Councillor Louie
A. THAT Council approve the Statements of Significance Project Budget at a cost of $167,700; source of funding to be $40,000 previously approved by Council from the 2003-2005 Capital Plan - Downtown Eastside Revitalization and $127,700 (including 4% GST rebate) in matching funds from the Federal and B.C. Provincial levels of Government.
B. THAT Council authorise the Director of Legal Services to enter into a service contract with the Province of British Columbia, Ministry of Community, Aboriginal and Women's Services to receive up to $121,250 to provide the services set out in Appendix A of the Administrative Report "Award of Consultant Services Contracts - Statements of Significance for Gastown, Chinatown and Hastings Street", dated October 2, 2003. Such contract shall be on terms and conditions acceptable to the Director of Legal Services in consultation with the Director of Current Planning and will include an indemnity in favour of the Province.
C. THAT Council authorise the Director of Legal Services to enter into contracts with three consultants on terms and conditions acceptable to the Director of Legal Services and the Director of Current Planning, at a total cost of $157,448 (including GST and disbursements) to undertake the writing of area Statements of Significance for Gastown, Chinatown and the Hastings Street and for individual heritage buildings located within these areas.
CARRIED UNANIMOUSLY
POLICY REPORTS
1. Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws, Official Development Plans, Zoning and Development Fee By-law and Policies and Guidelines
September 23, 2003 (File 113)
A. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law, CD-1 By-laws and Official Development Plans generally in accordance with Appendices A & B of the Policy Report "Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws, Official Development Plans, Zoning and Development Fee By-law and Policies and Guidelines" dated September 23, 2003, 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 generally in accordance with Appendices A & B of the Policy Report dated September 23, 2003, for consideration at the Public Hearing.
B. THAT miscellaneous amendments to the Zoning and Development Fee By-law and Policies and Guidelines be approved, generally in accordance with Appendix C of the Policy Report "Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws, Official Development Plans, Zoning and Development Fee By-law and Policies and Guidelines" dated September 23, 2003;
FURTHER THAT the Director of Legal Services be instructed to bring forward the necessary by-law for enactment.
ADOPTED ON CONSENT
2. Loading Requirement Standards for New Development
September 23, 2003 (File 113)
MOVED by Councillor Louie
THAT the Parking By-Law be amended for loading requirements generally as contained in Appendix A to the Policy Report "Loading Requirement Standards for New Development" dated September 23, 2003: to reduce overall loading requirements for large-sized office uses and to change a portion of the requirements from larger loading spaces to smaller ones; to formalize residential loading requirements; to introduce threshold sizes below which loading no longer would be required; to introduce new loading space requirements for premises served by semi-trailers; and to increase the vertical clearance required for certain locations;
FURTHER THAT the Director of Legal Services be instructed to prepare and bring forward the necessary amending by-law for enactment generally in accordance with Appendix A to the Policy Report, dated September 23, 2003.
CARRIED UNANIMOUSLY
(Councillor Stevenson absent for the vote)
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 Bass
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Bass
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 10 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
(Councillor Stevenson absent for the vote)
1. A By-law to amend Zoning and Development By-law No. 3575 (re farmers' markets) (By-law No. 8723)
2. A By-law to amend Parking By-law No. 6059 (Farmers' Market) (By-law No. 8724)
3. A By-law to amend License By-law No. 4450 (Farmers' Market) (By-law No. 8725)
4. A By-law to designate certain real property as protected heritage property (130-132 West 10th Avenue) (By-law No. 8726)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
5. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (By-law No. 8727)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
6. A By-law to designate certain real property as protected heritage property (1180 Homer Street) (By-law No. 8728)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
7. A By-law to authorize Council entering into a Heritage Agreement with the Owner of Heritage Property (1180 Homer Street) (By-law No. 8729)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
8. A By-law to amend Downtown District Official Development Plan By-law No. 4912 (re general office live-work use) (By-law No. 8730)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
9. A By-law to amend Sign By-law No. 6510 (live-work use) (By-law No. 8731)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
10. A By-law to amend By-law No. 8439 which amended Zoning and Development by-law No. 3575 by rezoning an area to CD-1 (re 1128 West Hastings Street) (By-law No. 8732)
(Councillors Green, Louie, Stevenson and the Mayor excused from voting)
MOTIONS
A. Administrative Motions
None.
B. Motions on Notice
1. Mayor's Forum (File 1251)
MOVED by Councillor Ladner
SECONDED by Councillor Sullivan
WHEREAS, aggressive panhandling, open drug markets, squatting on public land, theft from auto, shoplifting and break-and-enter are perceived by many citizens, tourists and businesses as a growing problem in Vancouver;
AND WHEREAS, Vancouver's social and economic health depends on its overall liveability, until now the top-ranked in the world;
AND WHEREAS, Vancouver City Council has demonstrated its concern for the homeless, victims of drug addiction and the safety of sex trade workers, including leadership on opening a safe injection site, investments in low-income housing, and a commitment by the Mayor for community forums on the safety of sex trade workers;
AND WHEREAS, average taxpaying citizens and businesses are feeling that their concerns about the safety and liveability of their neighbourhoods are not being heard;
AND WHEREAS, action to help victims of drug abuse, poverty, violence against sex trade workers and welfare changes has to be balanced with actions to maintain the safety of neighbourhoods and the economic viability of the city;
AND WHEREAS, at its meeting of September 16, 2003, City Council requested that these and other issues be taken to the Vancouver Caucus for discussion;
AND WHEREAS, this Council believes strongly in citizen input and should have it prior to the discussion at the Vancouver Caucus;
THEREFORE BE IT RESOLVED THAT City Council convene a Mayor's forum to receive input from citizens, neighbourhood groups and businesses regarding the impacts of aggressive panhandling, open drug markets, squatting on public land, theft from auto, shoplifting and break-and-enter, along with suggestions for actions the City can take to improve neighbourhood safety and liveability.
Amended
AMENDMENT MOVED by Councillor Green
SECONDED by Councillor Louie
THAT the motion be amended by adding the following:
AND WHEREAS it is important to understand the underlying factors that impact negatively on neighbourhood liveability and safety, as well as the lives of many citizens of Vancouver.
AND BE IT FURTHER RESOLVED THAT the Mayor's Forum examine the causes behind activities and behaviours that negatively impact on neighbourhood liveability and safety and the impact they have on people living in poverty;
AND BE IT FURTHER RESOLVED THAT the Mayor's Forum identify ways to mitigate the root causes, in particular the changes to Income Assistance that are scheduled to take place in April 2004 and will potentially result in thousands of Vancouver citizens being cut off Income Assistance or having their benefits reduced.
Carried
MOVED by Councillor Bass
THAT the question be put on the amendment to the pending motion on the "Mayor's Forum".
CARRIED
(Councillors Green, Ladner, Stevenson and Sullivan opposed)
The motion on the question having carried, the amendment to the motion on the "Mayor's Forum" was put and CARRIED UNANIMOUSLY.
MOTION AS AMENDED
WHEREAS, aggressive panhandling, open drug markets, squatting on public land, theft from auto, shoplifting and break-and-enter are perceived by many citizens, tourists and businesses as a growing problem in Vancouver;
AND WHEREAS, Vancouver's social and economic health depends on its overall liveability, until now the top-ranked in the world;
AND WHEREAS, Vancouver City Council has demonstrated its concern for the homeless, victims of drug addiction and the safety of sex trade workers, including leadership on opening a safe injection site, investments in low-income housing, and a commitment by the Mayor for community forums on the safety of sex trade workers;
AND WHEREAS, average taxpaying citizens and businesses are feeling that their concerns about the safety and liveability of their neighbourhoods are not being heard;
AND WHEREAS, action to help victims of drug abuse, poverty, violence against sex trade workers and welfare changes has to be balanced with actions to maintain the safety of neighbourhoods and the economic viability of the city;
AND WHEREAS, at its meeting of September 16, 2003, City Council requested that these and other issues be taken to the Vancouver Caucus for discussion;
AND WHEREAS, this Council believes strongly in citizen input and should have it prior to the discussion at the Vancouver Caucus;
AND WHEREAS it is important to understand the underlying factors that impact negatively on neighbourhood liveability and safety, as well as the lives of many citizens of Vancouver;
THEREFORE BE IT RESOLVED THAT City Council convene a Mayor's forum to receive input from citizens, neighbourhood groups and businesses regarding the impacts of aggressive panhandling, open drug markets, squatting on public land, theft from auto, shoplifting and break-and-enter, along with suggestions for actions the City can take to improve neighbourhood safety and liveability;
AND BE IT FURTHER RESOLVED THAT the Mayor's Forum examine the causes behind activities and behaviours that negatively impact on neighbourhood liveability and safety and the impact they have on people living in poverty;
AND BE IT FURTHER RESOLVED THAT the Mayor's Forum identify ways to mitigate the root causes, in particular the changes to Income Assistance that are scheduled to take place in April 2004 and will potentially result in thousands of Vancouver citizens being cut off Income Assistance or having their benefits reduced.
CARRIED UNANIMOUSLY
2. Commission on Electoral Reform Mandate (File 1103)
MOVED by Councillor Cadman
SECONDED by Councillor Roberts
WHEREAS Council wishes that the mandate of the Commission on Electoral Reform established by Council motion on July 29, 2003, be clear to all voters;
THEREFORE BE IT RESOLVED that Council confirms that the mandate allows the Commission to receive submissions and report to Council on the merits of the current at-large system, the ward system and other alternative systems.
Amended
AMENDMENT MOVED by Councillor Sullivan
SECONDED by Councillor Ladner
THAT the Motion be amended by adding the following to the mandate:
A. THAT the Commission be free to recommend an electoral system other than a ward system.
B. THAT the Commission make recommendations on holding a referendum, appointing additional Commissioners, and report on campaign contributions.
Amended
The Chair ruled the following parts of the amending motion out of order:
· Clause A (that the Commission be free to recommend an electoral system other than a ward system)
· That the Commission make recommendations on holding a referendum and appointment of additional Commissioners.
MOVED by Councillor Bass
THAT the question be put on the amendment to the pending motion on the "Commission on Electoral Reform Mandate".
CARRIED
(Councillors Ladner and Sullivan opposed)
The motion on the question having carried, the amendment to the motion on the "Commission on Electoral Reform Mandate" was put and CARRIED UNANIMOUSLY.
MOTION AS AMENDED
WHEREAS Council wishes that the mandate of the Commission on Electoral Reform established by Council motion on July 29, 2003, be clear to all voters;
THEREFORE BE IT RESOLVED that Council confirms that the mandate allows the Commission to receive submissions and report to Council on the merits of the current at-large system, the ward system and other alternative systems.
AND THAT the Commission report on the issue of campaign contributions.
CARRIED UNANIMOUSLY
3. Commission on Electoral Reform (File 1103)
MOVED by Councillor Sullivan
SECONDED by Councillor
WHEREAS this Council passed a motion on July 29, 2003 called "Establishment of Commission on Electoral Reform" whose purpose and mandate is "to receive input ...for the implementation of electoral reform that includes wards";
Numerous elements of the terms of reference are integrally linked to the implementation of wards for 2005;
THAT
On July 8, 2003 this Council defeated a motion to give this Commission an open mandate and rejected the principle that the decision should be "made by the citizens of Vancouver in a referendum";
THAT
During the Council meeting Councillor Louis declared "there has been enough debate about wards" and in two different Council meetings Councillor Stevenson said "Hear ye, hear ye, NPA wards are coming for 2005 and you better get used to it";
AND WHEREAS
The Mayor's Office issued a press release on September 18, 2003 stating the new single person Commission would be making recommendations "including a possible change from an at-large system to wards" and that "the Commission is free to consider the merits of a ward system";
This press release was misleading and directly contradicts the duly passed motions of Council and the public statements of COPE Councillors;
Media articles and even public statements from the newly appointed single person Commission have perpetuated this inaccuracy. Council has budgeted $250,000 of taxpayers money for this process for this year alone and a lack of clarity for the Commission could waste tax dollars;
Changing these decisions would require a rescinding motion and agreement by 2/3 of Councillors.
Advice from the City staff indicate that the provincial government would require time to process an Order In Council of this type and City staff will require a full year to implement a new electoral system therefore requiring a firm decision by the Commission and the Council by May 2004.
THEREFORE BE IT RESOLVED
The Mayor's Office be directed to correct the news release of September 18 entitled "Tom Berger appointed by City of Vancouver to head commission on civic electoral reform" as it is in contradiction to the motions passed by Council.
Not put
The Chair ruled the motion redundant as Motion on Notice B.2 was approved by Council.
4. Discussion of Issues Beyond City's Mandate (File 1251)
MOVED by Councillor Sullivan
SECONDED by Councillor Ladner
WHEREAS
Over the last 10 months Council has utilized staff time and taxpayer dollars to deal with issues outside the scope of city hall;
This has included a whole afternoon debating the war in Iraq, a $25,000 report on a BC Hydro restructuring and 2 hours of delegation on a hospital internal restructuring ;
The people of Vancouver deserve to have their tax dollars spent on issues that pertain to civic affairs;
The affairs of the city are being neglected such that the City of Vancouver is in jeopardy of losing its status as No.1 in the world given by several independent agencies, achieved under previous governments, as well as our AAA Credit rating;
As we near the next provincial election, there is a likelihood that Council will delve more deeply into provincial affairs;
AND WHEREAS
There are occasions when Council should make statements and even take actions in areas outside of the City's mandate.
These occasions should only be in extraordinary circumstances. This should be done only after much deliberation and reflection.
THEREFORE BE IT RESOLVED THAT
Council exercise restraint in dealing with issues that fall beyond the City's mandate.
Lost
MOVED by Councillor Louie
THAT the question be put on the pending motion on the "Discussion of Issues Beyond City's Mandate".
CARRIED
(Councillors Ladner, Stevenson, Sullivan and the Mayor opposed)
The motion on the question having carried, the motion on the "Discussion of Issues Beyond City's Mandate" was put and LOST with Councillors Bass, Cadman, Green, Louie, Louis, Roberts, Stevenson, Woodsworth and the Mayor opposed.
5. 2004 Council Schedule (File 1253)
MOVED by Councillor Sullivan
SECONDED by Councillor
WHEREAS I have endeavoured to lead the Public Access Committee for the past several months, having been asked by Council to help fulfill certain election pledges. During this time the three members of the Committee have disagreed on the most important issues thereby resulting in several instances in three completely different recommendations to Council;
WHEREAS the final report does not give Council clear guidance but simply list several options to consider;
WHEREAS sending this report out for public consultation is not likely to result in a clear decision and could lead to greater confusion by the public;
No clear explanation of what problems we are trying to solve has been determined;
WHEREAS citizens, City officials and other public agencies need to have certainty about next year's Council schedule;
THEREFORE BE IT RESOLVED THAT
Council disband the Committee and call additional Council meetings from time to time as Council feels they are required.
Not put
6. Request for Anti-fighting By-law (File 113)
MOVED by Councillor Ladner
SECONDED by Councillor Green
WHEREAS the City would like to reduce policing costs and improve public safety associated with 4 am bar closings, major public events and volatile public gatherings;
WHEREAS police and bar owners alike have solidly supported an anti-fighting bylaw as a means of reducing the dangers and impact of street fighting;
WHEREAS the City of Edmonton has demonstrated how an anti-fighting bylaw can reduce street fighting through simpler more effective penalties;
THEREFORE BE IT RESOLVED THAT the City request the necessary amendments to the Vancouver Charter to authorize the enactment of an anti-fighting bylaw similar to the anti-fighting provision in the City of Edmonton Public Places Bylaw.
BE IT FURTHER RESOLVED THAT City staff subsequently bring forward an anti-fighting bylaw for Council's consideration.
CARRIED UNANIMOUSLY
NEW BUSINESS
1. Less is Not Necessarily More (File 2613-1)
MOVED by Councillor Green
SECONDED by Councillor Louie
WHEREAS Vancouver is a Cultural Capital of Canada;
AND WHEREAS Arts and Culture are essential to the vitality of Vancouver's neighbourhoods;
AND WHEREAS Vancouver is a city laden with a multiplicity of talents;
AND WHEREAS we need to encourage and showcase the performing arts;
AND WHEREAS the quiet enjoyment of community life is an essential part of strong neighbourhoods;
AND WHEREAS small businesses are the backbone of urban economics;
THEREFORE BE IT RESOLVED that Council request the City Manager to review and report back to Council on bylaws regulating class 1 restaurants.
Notice
Councillor Sullivan called Notice under Section 5.4 (c) of the Procedure By-law.
Council agreed to consider and hear speakers on the motion at the Standing Committee on City Services and Budgets meeting on Thursday, October 9, 2003.
2. Leave of Absence - Councillor Stevenson (File 1254)
MOVED by Councillor Louie
SECONDED by Councillor Green
THAT Councillor Stevenson be granted Leave of Absence due to civic business for the evening of October 9, 2003.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Campers on City Lands (File 4659)
Councillor Ladner asked what action the City is taking on the issue of the people camping on City lands.
2. Public Involvement in 2004 Operating Budget Approval Process (File 1605)
Councillor Ladner enquired on the plans for public involvement in the 2004 Operating Budget process.
Councillor Louis advised a staff report on the process related to approval of the 2004 Operating Budget is expected within the next month or so.
3. Closure of Bars at 4:00 a.m. (File 2610)
Councillor Ladner reported on hearing from bar owners who have been adversely affected by the 4:00 a.m. bar closures.
The Mayor advised Council will be reconsidering the issue at the end of the trial period and can take into consideration including additional bars in the extension of hours.
4. Day Without Cars (File 3751)
Councillor Woodsworth reported on the recent Car Free Day and noted a number of cities participated this year. She requested a memo from staff advising how the City could join other cities in participating in next year's event.
5. Form of Development of Building at 3rd and Pine (File 2609)
Councillor Sullivan advised of receiving complaints from business owners about the form of development of a building recently constructed at 3rd and Pine. He requested information on how the building was approved.
The City Manager agreed to provide the requested information.
The Council adjourned at 4:40 p.m.
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