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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES JANUARY 13, 2004 |
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, January 13, 2004, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor Tim Louis (Leave of Absence)
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Syd Baxter, City Clerk
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PRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
PRESENTATION: BY SANDY SCOFIELD - File 1054
Council welcomed Sandy Scofield, who performed "All My Relations" and "Sipwehtan".
ADOPTION OF MINUTES
1. Regular Council (Transportation and Traffic) - December 2, 2003
MOVED by Councillor Bass
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
2. Regular Council (City Services and Budgets) - December 4, 2003
MOVED by Councillor Cadman
SECONDED by Councillor Roberts
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Regular Council (Planning and Environment) - December 4, 2003
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
4. Regular Council - December 9, 2003
MOVED by Councillor Cadman
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CRRIED UNANIMOUSLY
5. Special Council (Public Hearing) - December 10, 2003
MOVED by Councillor Bass
SECONDED by Councillor Roberts
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
6. Regular Council (City Services and Budgets) - December 11, 2003
MOVED by Councillor Cadman
SECONDED by Councillor Bass
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
7. Regular Council (Planning and Environment) - December 11, 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 Bass
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Stevenson
THAT Council adopt Administrative Reports A2 to A4, A6 to A9, A12, A14 and A15,and Policy Report P3, on consent.
CARRIED UNANIMOUSLY
UNFINISHED BUSINESS
1. Federal Government Caucus Meeting - Invitation (File 1257)
At the Council meeting immediately following the Standing Committee on Planning and Environment meeting on December 11, 2003, Council agreed to postpone the decision on the following motion to invite Canada's new Prime Minister and cabinet to hold a meeting in Vancouver prior to the next federal election until Mayor Campbell was present.
WHEREAS Vancouver is the third largest metropolitan region in Canada and the largest city west of Toronto;
AND WHEREAS Vancouver is the gateway to the Asia Pacific;
AND WHEREAS Canada's newest Prime Minister has indicated that he would like to give Western Canada a greater voice in Ottawa;
AND WHEREAS it is important for the federal cabinet to better understand the diversity and uniqueness of our west coast;
AND WHEREAS Canada's cities are looking to strike a new deal with the Federal Government to help develop the necessary infrastructure to make our economy prosper into the next century;
AND WHEREAS Vancouver has some of Canada's best facilities to host the Federal Government;
AND WHEREAS Translink is preparing to undertake a new 10 year transportation plan that will require the partnership of the federal government;
AND WHEREAS Vancouver has an interest to build better relations with our provincial and federal governments;
THAT the Mayor, on behalf of City Council, write a letter of invitation to Canada's newest Prime Minister to request that the new cabinet hold a meeting in Vancouver prior to the next federal election.
Not Put
The Mayor indicated he has been in contact with the Prime Minister's office. No further action was taken.
ADMINISTRATIVE REPORTS
1. 2003 International City Management Association Program Excellence Award for Citizen Involvement: the City of Vancouver's Public Involvement Review
November 24, 2003 (File 1011)
MOVED by Councillor Bass
THAT the Administrative Report "2003 International City Management Association Program Excellence Award for Citizen Involvement: the City of Vancouver's Public Involvement Review" dated November 24, 2003, be received for information.
CARRIED UNANIMOUSLY
2. Local Improvements by Petition - February 11, 2004, First and Second Step Report
December 9, 2003 (File 5802)
A. THAT petition projects listed in Appendix I to the Administrative Report "Local Improvements by Petition - February 11, 2004, First and Second Step Report" dated December 9, 2003, be brought before a Court of Revision on February 11, 2004.
B. THAT the reports of the City Engineer and Director of Finance be adopted together with details of the Second Step Report as summarized in Appendix II to the Administrative Report "Local Improvements by Petition - February 11, 2004, First and Second Step Report" dated December 9, 2003. Source of funds for the total City's share of $1,248,860 is $34,006 from existing Engineering Basic Capital Accounts and $1,214,854 subject to approval of the 2004 Streets Basic Capital Budget.
C. THAT project Number 4, for pavement and curbs on Skeena Street from 27th Avenue to 28th Avenue, be brought before a Court of Revision on February 11, 2004, but that tree planting be excluded from this project.
D. THAT sidewalk projects Number 28 and 29 inclusive, as described in Appendix I to the Administrative Report, be designated as "pedestrian collector routes" so that the abutting residential property owners' rates are reduced by the required 25%.
ADOPTED ON CONSENT
3. Business License Hearing Panel for January 15, 2004
December 18, 2003 (File 2711-1)
THAT Council delegate the holding of a business license hearing presently scheduled for January 15, 2004 from 7:30 p.m. to 9:30 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 for the year 2004 business license application of Nhi Duc Tran dba Good Deal at 433 Columbia Street and the power to make a Council decision in relation to that hearing be delegated to:
Councillor Anne Roberts, Chair
Councillor Fred Bass
Councillor Jim Green
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
4. Annual Financial Authorities - 2004
December 11, 2003 (File 1612)
A. THAT the Director of Finance be authorized for the period of January 1 to December 31, 2004, in accordance with Section 215 and 216 of the Vancouver Charter, to draw warrants for payment and to report same in writing to the City Clerk for the information of Council within 15 days after the end of each month in which the warrant is drawn.
B. THAT the Director of Finance be authorized to temporarily use, during the period January 1, to July 15, 2004 such capital funds as are available, for other expenditures of the City, pending collections of taxes, as provided by Section 259 (b) of the Vancouver Charter.
C. THAT the Director of Finance be authorized, for the year 2004, to invest the funds of the following accounts as same become available, and to vary the investments from time to time as may be expedient, in accordance with Section 201, 259 and 260 of the Charter.
i) For Sinking Fund Account, Property Endowment Fund, Cemetery Perpetual Maintenance Fund, Captain Vancouver's Grave Maintenance Trust Fund, and Capital Financing Fund:
- Securities of or guaranteed by the Government of Canada;
- Securities of or guaranteed by a Province of Canada;
- Securities of the City of Vancouver;
- Securities of the Greater Vancouver Water District;
- Securities of the Greater Vancouver Sewerage and Drainage District;
- Securities of the Greater Vancouver Regional District;
- Securities of the Municipal Finance Authority;
- Securities of or guaranteed by any chartered bank in Canada;
- Securities or deposits in, or share or other evidence of indebtedness of, a Credit Union incorporated under the Credit Unions Act.
ii) For General and Capital Accounts
- Securities of or guaranteed by the Government of Canada;
- Securities of or guaranteed by a Province of Canada;
- Securities of or guaranteed by any chartered bank in Canada;
- Securities of the GVRD, GVWD, MFA, or City of Vancouver which mature within one year from the date of acquisition;
- Securities or deposits in, or shares or other evidences of indebtedness of, a Credit Union incorporated under the Credit Unions Act.
ADOPTED ON CONSENT
5. Canada Payphone Corporation - Extension of Municipal Access Agreement
December 18, 2003 (File 1203)
MOVED by Councillor Sullivan
A. THAT the General Manager of Engineering Services and Director of Legal Services be authorized to conclude negotiations, and execute and deliver a legal agreement with Canada Payphone Corporation extending the previous Municipal Access Agreement for a further 3 years, expiring on December 31, 2006. The agreement would be extended on the previous terms and conditions, generally as described in the Administrative Report "Canada Payphone Corporation - Extension of Municipal Access Agreement" dated December 18, 2003, and such other terms and conditions satisfactory to the General Manager of Engineering Services and Director of Legal Services.
B. THAT no legal rights or obligations will arise or be created by Council's adoption of A unless and until all legal documentation has been executed and delivered by all parties.
CARRIED UNANIMOUSLY
Councillor Bass requested a memo from staff reporting on the City's policy on the distribution and availability of public phones. Councillor Bass was concerned particularly for safety and tourist reasons.
6. 1510 West 59th Avenue (to be changed from 7515 Granville Street) - Extension of Development and Building Permit No. DB414793
December 11, 2003 (File 2605)
THAT City Council approve an extension of Development and Building Permit No. DB414793 for 1510 West 59th Avenue until June 19, 2004.
ADOPTED ON CONSENT
7. Coal Harbour Public Realm Improvement - 1100 and 1200 Blocks Cordova and Hastings Streets
December 16, 2003 (File 8103)
THAT the Director of Current Planning be instructed to enter into discussions with owners and developers in the south side of the 1100 and 1200 blocks Cordova Street and on the south side of the 1200 block Hastings street in Coal Harbour to adjust entries and ground floors of affected properties, with the objective of creating a positive relationship to the street at the pedestrian level, giving consideration to modest relaxations to floor space limits, parking requirements, setbacks and other City requirements as incentives.
ADOPTED ON CONSENT
8. 2004 Advance Instalments: Cultural Operating Grants and Amendment to Vancouver Art Gallery Instalment Amount
December 22, 2003 (File 2051/4006)
A. THAT Council approve advance grant instalments for Cultural Operating grants in the amount of $459,400 to the 47 organizations listed in Table 1 of the Administrative Report "2004 Advance Instalments: Cultural Operating Grants and Amendment to Vancouver Art Gallery Instalment Amount" dated December 22, 2003, source of funds to be the 2004 Cultural Grants budget.
B. THAT the amount of the 2004 advance grant monthly instalments to be made to the Vancouver Art Gallery, which was adopted by Council on December 2, 2003 as recommended in the Administrative Report dated October 29, 2003, be amended from $60,383 to $160,383 per month; source of funds to be the 2004 "Other" Grants budget.
ADOPTED ON CONSENT AND
BY THE REQUIRED MAJORITY
9. Grant Request: 2004 National Conference of the Canadian Housing & Renewal Assn.
December 22, 2003 (File 2004)
THAT Council approve a grant of $10,000, with funding to be provided from the Affordable Housing Fund, for the 2004 National Conference of the Canadian Housing & Renewal Association that is being held in Vancouver at the end of March 2004; the grant would be paid to BC Housing who is organizing and financing the conference on behalf of CHRA.
ADOPTED ON CONSENT AND
BY THE REQUIRED MAJORITY
10. Award of Tender PSO3035 - Supply and Delivery of Cube Van Bodies
December 17, 2003 (File 1805)
MOVED by Councillor Green
A. THAT, subject to the conditions set out in B, C, and D, Council authorize the General Manager of Engineering Services and the Manager of Materials Management to award to the bid meeting specifications from Intercontinental Truck Body (B.C.) Inc. for fourteen (14) Cube Van Bodies at an estimated cost of $668,130, plus the Provincial Sales tax, the Goods and Services Tax (less any municipal rebate received) and the Provincial Environmental Levy, subject to a contract satisfactory to the Director of Legal Services.
B. THAT, the Director of Legal Services be authorized to execute and deliver on behalf of the City all legal documents required to implement A.
C. THAT all such legal documents be on terms and conditions satisfactory to the General Manager of Engineering Services, Manager of Materials Management and the Director of Legal Services.
D. THAT no legal rights or obligations will be created by Council's adoption of A, B and C above unless and until such legal documents are executed and delivered by the Director of Legal Services.
E. THAT funding for the purchase described in A be provided from the Truck and Equipment Plant Account.
CARRIED UNANIMOUSLY
11. Award of Contract for the Supply of Firefighter Turnout Gear - Proposal No. PSO3005
November 18, 2003 (File 1805)
MOVED by Councillor Green
A. THAT, subject to the conditions set out in C, D and E, an agreement be entered into with Associated Fire and Safety Inc. to supply firefighter turnout gear for a period of five years, with subsequent renewal options for two-12 month periods, at an estimated amount of $899,520 (plus GST) subject to a contract satisfactory to the Director of Legal Services, and the Manager of Materials Management.
B. THAT, if Council approves A, and subject to the conditions set out in C, D and E, Associated Fire and Safety Inc. be awarded the Contract for a five year term, with subsequent renewal options for two-12 month periods.
C. THAT all legal documentation is to be in a form which is satisfactory to the Director of Legal Services, the General Manager/Fire Chief of Fire and Rescue Services and the Manager of Materials Management.
D. THAT upon approval of the legal documentation by the Director of Legal Services, the General Manager/Fire Chief of Fire and Rescue Services and the Manager of Materials Management, that the Director of Legal Services and the General Manager/Fire Chief of Fire and Rescue Services be authorized to execute and deliver the necessary agreement on behalf of City Council.
E. THAT no legal rights or obligations shall arise hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed and delivered by all parties.
CARRIED UNANIMOUSLY
MOVED by Councillor Green
WHEREAS it is desirable whenever possible to support local suppliers and businesses in the purchase of City supplies and services; and
WHEREAS there is no easy way for Council to determine, when reviewing proposed purchases of goods or services, whether local suppliers have been canvassed;
THEREFORE BE IT RESOLVED that Council ask staff to report back in a memorandum on how a reporting process or mechanism could be developed to ensure Council is aware of how individual procurement decisions are made, including legal requirements, and what efforts have been made to secure local suppliers.
CARRIED UNANIMOUSLY
12. Authority to Travel to Bangkok for the Federation of Canadian Municipalities - Municipal Partnership Program: January 29, 2004 to February 11, 2004
December 17, 2003 (File 3253/1254)
THAT Council authorize travel outside of North America for a delegation to participate in Federation of Canadian Municipalities (FCM) Municipal Partnership Program Confirmation Mission. The delegation will include Councillor Tim Stevenson; Judy Rogers, City Manager; Wendy Au, Community Project Manger & Partnership Program Co-ordinator; Donald MacPherson, Drug Policy Co-ordinator and Mitch Romanchook, Manager of Staff and Organization & Organizational Development. FCM will cover all costs related to travel and accommodation.
ADOPTED ON CONSENT
13. Selection Process for Appointments to Advisory Bodies
December 11, 2003 (File 3133)
MOVED by Councillor Cadman
THAT Council approve the selection process for making appointments to advisory bodies set out in Appendix A of the Administrative Report dated December 11, 2003, entitled "Selection Process for Appointments to Advisory Bodies".
CARRIED UNANIMOUSLY
(i) Appointments to Nomination Sub-Committee
January 6, 2003 (File 3133)
MOVED by Councillor Cadman
THAT the following Chair and members be appointed to the Nomination Sub-Committee:
·Councillor Tim Louis, Chair
·Councillor Jim Green
·Councillor Sam Sullivan
CARRIED UNANIMOUSLY
14. 906 Main Street - Proposed Closure of a Portion of the Southerly Side of Prior Street, Easterly of Main Street
January 5, 2004 (File 5733)
A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Mike E. Shaw, B.C.L.S., on the 19th day of November, 2003, marginally numbered 30492-7 (a reduced copy of which is attached as Appendix "A" to the Administrative Report "906 Main Street - Proposed Closure of a Portion of the Southerly Side of Prior Street, Easterly of Main Street" dated January 9, 2004) defining the horizontal limits of the encroachments onto the southerly side of Prior Street, easterly of Main Street, by the building at 906 Main Street and apply to raise title to the portion of Prior Street defined on the said Reference Plan, in the name of the City of Vancouver.
B. THAT all that volumetric portion of the southerly side of Prior Street, easterly of Main Street, included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 2nd day of December, 2003, by Mike E. Shaw, B.C.L.S., and marginally numbered 30492-9 (a reduced copy of which is attached as Appendix "B" to the Administrative Report), be closed, stopped-up and that an easement be granted to the owner of abutting Parcel A, Block 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655, to contain the portions of the existing building which encroach onto Prior Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel A, and to be to the satisfaction of the Director of Legal Services.
C. THAT the fees for document preparation, registration and use of the easement referred to in "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.
D. THAT the authorities granted in "A", "B" and "C" be subject to the Approving Officer granting approval of the application to convert the previously occupied building situated on Parcel A, Block 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655, to strata title ownership.
ADOPTED ON CONSENT
15. Business License Hearing Panel for January 27, 2004
January 13, 2004 (File 2711-1)
THAT Council delegate the holding of a business license hearing presently scheduled for January 27, 2004 from 9:30 a.m. to 12:30 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 for the year 2004 business license applications of Nhan Hong Doan dba Café Da Kao at 960 Kingsway and the power to make a Council decision in relation to that hearing be delegated to:
Councillor David Cadman, Chair
Councillor Raymond Louie
Councillor Tim Louis
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 Ellen Woodsworth.
ADOPTED ON CONSENT
POLICY REPORTS
1. CD-1 Rezoning - 5312 - 5392 Oak Street
December 24, 2003 (File 5306)
MOVED by Councillor Roberts
A. THAT the application by Formwerks Architectural to rezone 5312 - 5392 Oak Street (Lots 1 - 4 Block 864 DL 526 Plan 8070 New Westminster District) from RS-1 to CD-1, to permit 21 two-storey townhouses at a floor space ratio of 1.0, be referred to a Public Hearing, together with:
(i) plans received October 2, 2003;
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report "CD-1 Rezoning - 5312 - 5392 Oak Street" dated December 24, 2003; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B of the Policy Report;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law generally in accordance with Appendix A of the report for consideration at the Public Hearing.
B. THAT, subject to approval of the rezoning at the Public Hearing, the Noise Control By-law be amended to include this Comprehensive District in Schedule B as set out in Appendix C of the Policy Report "CD-1 Rezoning - 5312 - 5392 Oak Street" dated December 24, 2003; and
FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the rezoning by-law.
CARRIED UNANIMOUSLY
2. CD-1 Rezoning: 745 - 749 West 42nd Avenue and 5816 - 5818 Tisdall Street
December 24, 2003 (File 5304/5308)
MOVED by Councillor Roberts
A. THAT the application by Mosaic Avenue Lands Ltd. to rezone 745-749 West 42nd Avenue and 5816-5818 Tisdall Street (Lots 17 and 18, Block E of Block 1008, DL 526, Plan 10698; PID 004778952 and 009309772) from RT-1 to CD-1, to permit 25 two-and a half and three-storey townhouses at a floor space ratio of 1.0, be referred to a Public Hearing, together with:
(i) plans received August 18, 2003;
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report "CD-1 Rezoning: 745 - 749 West 42nd Avenue and 5816 - 5818 Tisdall Street" dated December 24, 2003; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B of the Policy Report.
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law generally in accordance with Appendix A of the Policy Report for consideration at the Public Hearing.
B. THAT, subject to approval of the rezoning at the Public Hearing, the Noise Control By-law be amended to include this Comprehensive District in Schedule B as set out in Appendix C of the Policy Report "CD-1 Rezoning: 745 - 749 West 42nd Avenue and 5816 - 5818 Tisdall Street" dated December 24, 2003.
FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the rezoning by-law.
CARRIED UNANIMOUSLY
3. 1985 Wallace Street - Proposed Increase in Floor Space Ratio
December 17, 2003 (File 2609)
THAT City Council authorize the Director of Planning to process a development application for Steeves Manor (senior citizens' housing) at 1985 Wallace Street to a maximum density of 1.06 FSR, thereby permitting enclosure of open areas.
ADOPTED ON CONSENT
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 Louie
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Stevenson
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, 2 and 7, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to amend Vancouver Development Cost Levy By-law No. 8149 (re day care uses) (By-law No. 8773)
2. A By-law to amend Vancouver Development Cost Levy By-law No. 8149 (By-law No. 8774)
3. A By-law to amend Encroachment By-law No. 4243 (re 2004 fee increases) (Rescheduled to the Regular Council meeting immediately following the Standing Committee on City Services and Budgets meeting on January 15, 2004)
4. A By-law to amend Granville Mall By-law No. 4792 (re 2004 fee increases) (Rescheduled to the Regular Council meeting immediately following the Standing Committee on City Services and Budgets meeting on January 15, 2004)
5. A By-law to amend Street and Traffic By-law No. 2849 (re 2004 fee increases) (Rescheduled to the Regular Council meeting immediately following the Standing Committee on City Services and Budgets meeting on January 15, 2004)
6. A By-law to amend Street Vending By-law No. 4781 (re 2004 fee increases) (Rescheduled to the Regular Council meeting immediately following the Standing Committee on City Services and Budgets meeting on January 15, 2004)
7. A By-law to amend Impounding By-law No. 3519 (re Schedule A) (By-law No. 8775)
MOTIONS
A. Administrative Motions
1. Closing a portion of 12th Avenue between Kaslo Street and Renfrew Street (File 5753)
MOVED by Councillor Cadman
SECONDED by Councillor Bass
THAT WHEREAS:
1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2. Portion of the Renfrew SkyTrain Station constructed on Block 7, South ½ of Section 35, Town of Hastings Suburban Lands, Plan 2059 and Parcel 2 (Statutory Right-of-Way Plan LMP46069) of Part (Reference Plan 1418) of the South East ¼ Section 35, Town of Hastings Suburban Lands, Plan 100 encroach onto the southerly side of 12th Avenue westerly of Renfrew Street;
3. The said portion of road encroached upon abutting said Block 7 and Parcel 2 was dedicated by the deposit of Plan 2059 on May 19, 1909;
4. The encroachment requires the closure of a portion of 12th Avenue adjacent to said Block 7 and Parcel 2;
5. The said portion of road to be closed is no longer required for municipal purposes;
6. The encroachment requires the transfer of the said portion of road to be closed, to the abutting owner (as per the December 2, 2003 Council authority);
7. The said portion of road to be closed and transferred to the abutting owner is to be consolidated with the aforementioned Block 7 and Parcel 2;
THEREFORE BE IT RESOLVED THAT all that portion of road dedicated by the deposit of Plan 2059, adjacent to Block 7, South ½ of Section 35, Town of Hastings Suburban Lands, Plan 2059, the same as shown in heavy outline on Reference Plan of Survey attested to by Eric I. Kaardal, B.C.L.S. and completed on the 3rd day of December, 2003 and marginally numbered LB785, be closed, stopped up and transferred to the abutting owner; and
BE IT FURTHER RESOLVED THAT all that portion of road so closed be consolidated with the abutting Block 7, South ½ of Section 35, Town of Hastings Suburban Lands, Plan 2059 and Parcel 2 (Statutory Right-of-Way Plan LMP46069) of Part (Reference Plan 1418) of the South East ¼ Section 35, Town of Hastings Suburban Lands, Plan 100 to the satisfaction of the Director of Legal Services.
CARRIED UNANIMOUSLY
2. Establishing Lane in the 1100 Block Richards Street) (File 5753)
MOVED by Councillor Cadman
SECONDED by Councillor Bass
THAT WHEREAS
1. The City of Vancouver is the owner of Lot A, Block 94, District Lot 541, Group 1, New Westminster District, Plan BCP8785;
2. It is deemed expedient and in the public interest to establish a portion of the lands for lane purposes;
THEREFORE BE IT RESOLVED THAT all that portion of Lot A, Block 94, District Lot 541, Group 1, New Westminster District, Plan BCP8785, the same as shown heavy outlined on plan of survey completed on the 5th day of November, 2003, attested to by Fred Wong, B.C.L.S., and marginally numbered LD 3976, be established for lane purposes and declared to form and constitute a portion of lane.
CARRIED UNANIMOUSLY
3. Closing a portion of the southerly side of Prior Street, easterly of Main Street adjacent to 906 Main Street (File 5753)
MOVED by Councillor Councillor Louie
SECONDED by Councillor Bass
THAT WHEREAS:
1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2. Portions of the building constructed on Parcel A, Block 24, District Lot 184, Group 1, New Westminster District, Plan BCP8655 encroach onto the southerly side of Prior Street, easterly of Main Street;
3. The portion of Prior Street encroached upon, abutting said Parcel A, was dedicated by the deposit of Plan 184;
4. To provide for the registration of an easement to contain the said encroachments, as required by Section 244 of the Strata Property Act, it is necessary to raise title to the portion of street encroached upon;
5. To enable Council to grant the required easement to contain encroachments, it is necessary for Council to close and stop-up the volumetric portion of Prior Street that is encroached upon.
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 road dedicated by the deposit of Plan 184 and included within the bold outline on a Reference Plan, attested to by Mike E. Shaw, B.C.L.S., representing a survey completed on the 19th day of November, 2003, marginally numbered 30492-7, and
BE IT FURTHER RESOLVED THAT all that volumetric portion of Prior Street, included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 2nd day of December, 2003, and certified correct by Mike E. Shaw, B.C.L.S., and marginally numbered 30492-9, be closed, stopped-up and that an easement be granted to the abutting owner of Parcel A, Block 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655 to contain the portions of the existing building which encroach onto Prior Street. The said easement to be to the satisfaction of the Director of Legal Services.
CARRIED UNANIMOUSLY
4. Establishing Road, west side of Knight Street south of 32nd Avenue, adjacent to 4824 Knight Street (File 5753)
MOVED by Councillor Stevenson
SECONDED by Councillor Green
THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes lands in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:
All that portion of Lot 4, except the West 7 feet now road, Block 7, District Lot 705, Plan 2571, as shown heavy outlined on plan of survey completed January 7, 2004, attested to by Fred Wong, B.C.L.S. and marginally numbered LD3977, a print of which is attached hereto.
AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes.
BE IT RESOLVED that the above described lands to be conveyed are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.
CARRIED UNANIMOUSLY
B. Motions on Notice
1. Public Sector Comparator for the Richmond Airport Vancouver Line Project (File 5559)
MOVED by Councillor Roberts
SECONDED by
WHEREAS the RAV Project has proceeded with Requests for Proposals that include the operation and management of the new rapid transit line; and
WHEREAS part of this process is the development of a Public Sector Comparator that will facilitate a comparison of public vs. private delivery;
THEREFORE BE IT RESOLVED that any assumptions which are provided to the agency or firm reviewing the Public Sector Comparator be made public; and
BE IT FURTHER RESOLVED that the Public Sector Comparator created explicitly outline the methodology used to prepare the financial analysis of risk transfer and the discount rate; and
BE IT FURTHER RESOLVED that the methodology dealing with risk transfer also consider new risks being absorbed by the public sector, such as but not limited to possible commercial failure of a private partner; and
BE IT FURTHER RESOLVED that Vancouver City Council request the Province provide the Auditor General with sufficient resources to review the Public Sector Comparator for fairness and accuracy prior to a decision on the Best and Final Offer; and
BE IT FURTHER RESOLVED that the Public Sector Comparator be made public sufficiently early to permit comment by the public and by municipal councils before any final decision is made with respect to the bidder; and
BE IT FINALLY RESOLVED that this resolution be circulated to other municipalities in the Translink service area for their consideration.
Referred
The Chair noted that a request to speak on this matter has been received. Council agreed to refer consideration of the Motion to a future Standing Committee meeting to hear the speaker.
2. Salary Increase for Mayor and Council (File 1255)
MOVED by Councillor Sullivan
SECONDED by Councillor Ladner
WHEREAS
Council has recently received notice that it will be receiving a 14% increase in salary;
Council endorses the policy that Councillors receive salary increases equal to the average of full time Vancouver workers;
HOWEVER, WHEREAS
The City is going into a budget process in which millions of dollars will have to be cut or taxes raised beyond the rate of inflation;
Negotiations with unions are sensitive to large pay hikes for Councillors;
A Bond rating agency has recently changed Vancouver's rating from AAA to AA.
THEREFORE BE IT RESOLVED
THAT Council give notice to staff that it rejects the 14% salary increase; and
THAT any salary increase be consistent with existing policy of increases equal to the average of full time Vancouver workers.
Amended
AMENDMENT MOVED by Councillor Cadman
SECONDED by Councillor Bass
THAT the motion be amended to read as follows:
THAT Council give notice to staff that it authorizes any Councillor who wishes to reject the 14% salary increase.
CARRIED
(Councillors Ladner and Sullivan opposed)
MOTION AS AMENDED
THAT Council give notice to staff that it authorizes any Councillor who wishes to reject the 14% salary increase.
CARRIED UNANIMOUSLY
NEW BUSINESS
1. Changes to the Residential Tenancy Act negatively affecting Tenants (File 4657)
MOVED by Councillor Stevenson
SECONDED by
WHEREAS the majority or 56% of Vancouver residents rent their homes;
AND WHEREAS almost half of these households currently pay more than 30% of their income on rent, and almost one-quarter pay more than 50%;
AND WHEREAS Vancouver has among the highest rents (2003 = $845) and tightest vacancy rates (2003 = 1.7%) in Canada;
AND WHEREAS the provincial government recently implemented a number of changes to the Residential Tenancy Act that will negatively impact tenants;
AND WHEREAS one of the most significant changes is to rent regulations which will now allow landlords to automatically increase rents at CPI + 2% (2004 = 4.6%) without any ability by tenants to dispute the increase, whether or not the building is maintained;
AND WHEREAS this automatic rent increase will adversely affect many tenants, especially seniors, single parents, people with disabilities, recent immigrants and others living on fixed or low incomes;
AND WHEREAS Vancouver is already suffering from the consequences of other changes to provincial policy that have increased homelessness and the demand for city services and resources;
THEREFORE BE IT RESOLVED that the City of Vancouver write to the Premier and Solicitor General to register strong concern to changes to the Residential Tenancy Act that will negatively impact tenants, and in particular low income and vulnerable tenants.
