Vancouver City Council |
CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
NOVEMBER 2, 2004
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, November 2, 2004, at 2:00 p.m., in the Council Chamber , Third Floor, City Hall.
PRESENT:
Mayor Larry Campbell
Councillor Fred Bass
*Councillor Jim Green
Councillor Peter Ladner
Councillor Raymond Louie
Councillor Tim Louis
Councillor Anne Roberts
Councillor Tim Stevenson
Councillor Sam Sullivan
Councillor Ellen WoodsworthABSENT:
Councillor David Cadman (Leave of Absence- Civic Business)
CITY 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.
PRESENTATIONS
· JEAN-YVES DEFAY, CONSUL GENERAL OF FRANCE (File 1051)
Council welcomed Jean-Yves Defay, Consul-General of France, who read his poem "Vancouver".
· KHAC CHI ENSEMBLE (File 1051)
Council welcomed the Khac Chi Ensemble who performed "Full Moon Dance", "Spring Work" and "Oh Susana!".
"IN CAMERA" MEETING
MOVED by Councillor Roberts
SECONDED by Councillor Louie
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;
(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;
(k) negotiations and related discussions respecting the proposed provision of an activity, work or facility that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the city if they were held in public.
CARRIED UNANIMOUSLY
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF OCTOBER 19, 2004
Council approved appointments to the CityPlan City Perspectives Panel for Community Visions Program. Names of those appointed are available from the City Clerk's Office.
ADOPTION OF MINUTES
1. Regular Council (Planning and Environment) - October 7, 2004
MOVED by Councillor Roberts
SECONDED by Councillor Woodsworth
THAT the foregoing Minutes be approved with the following amendments:
Councillor Woodsworth on Leave of Absence due to Civic Business
CARRIED UNANIMOUSLY
2. Regular Council - October 19, 2004
MOVED by Councillor Louis
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Business License Hearing - October 19, 2004
MOVED by Councillor Sullivan
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Louie
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Roberts
THAT Council adopt Administrative Reports A1 to A6, A9 to A12, A14 and Policy Report P1, on consent.
CARRIED UNANIMOUSLY
REPORT REFERENCE
1. Homeless Action Plan (File 4659)
Jill Davidson, Senior Housing Planner, presented a Report Reference on a draft homeless action plan, to be circulated for public comment and revised, before Council considers its adoption. Ms. Davidson noted the action plan recommends 86 actions through which homelessness can be reduced and prevented. She highlighted some actions from the three key priorities where actions would have most impact on reducing homelessness: income, housing and support services. Following the public in-put, staff will report back early in the new year at a Special Council meeting.
MOVED by Councillor Green
THAT Council refer the draft Homeless Action Plan, with Action 23 in the draft plan replaced as follows, for public review and report back with a revised final draft:
Action 23: The City of Vancouver reaffirms its existing policy of allowing a minimum suite size of 400 sq.ft., relaxable to 320 sq.ft. for all new construction.
Amended
AMENDMENT MOVED by Councillor Woodsworth
THAT the following Action be added to the Priority 1 Gap of Barriers to obtaining BC employment and assistance and inadequate benefits on page 16 of the draft Homeless Action Plan:
7. That Council works with the provincial government to reinstate an exempt portion of earnings for basic income assistance recipients.
CARRIED UNANIMOUSLY
The amendment having carried, the Motion as amended was put. There was a request to separate the components of the primary Motion.
(a) THAT Action 23 in the draft report be replaced with the following:
Action 23: The City of Vancouver reaffirms its existing policy of allowing a minimum suite size of 400 sq.ft., relaxable to 320 sq.ft. for all new construction.
CARRIED
(Councillors Ladner and Sullivan opposed)
(b) THAT Council refer the draft Homeless Action Plan, as amended, for public review and report back with a revised final draft.
CARRIED UNANIMOUSLY
FINAL MOTION AS AMENDED AND APPROVED
THAT Council refer the draft Homeless Action Plan, with the following amendments, for public review and report back with a revised final draft:
o THAT Action 23 in the draft report be replaced with the following:
Action 23: The City of Vancouver reaffirms its existing policy of allowing a minimum suite size of 400 sq.ft., relaxable to 320 sq.ft. for all new construction.
o THAT the following Action be added to the Priority 1 Gap of Barriers to obtaining BC employment and assistance and inadequate benefits on page 16 of the draft Homeless Action Plan:
· That Council works with the provincial government to reinstate an exempt portion of earnings for basic income assistance recipients.
ADMINISTRATIVE REPORTS
1. Closure of a Portion of Lane South of 1956 West 5th Avenue, West of Cypress Street
October 5, 2004 (File 5753)
THAT Council close, stop-up and convey all that portion of the lane south of Lot A and Lot B, Both of Lot 5, Block 266, District Lot 526, Plan 5855, as shown hatched on the plan attached as Appendix A to the Administrative Report Closure of a Portion of Lane South of 1956 West 5th Avenue, West of Cypress Street dated October 5, 2004, subject to the following conditions:
1. The abutting owners to pay $56,250.00 Plus GST if applicable for the 500 square foot (46.5 square metres) portion of lane to be closed in accordance with the recommendation of the Director of Real Estate Services;
2. The subject lane to be closed is to be consolidated with the said Lot A and Lot B and other adjacent lands to form a single parcel to the satisfaction of the Director of Legal Services;
3. The abutting owners to be responsible for any plans, documents and Land Title Office fees;
4. The sale proceeds to be credited to the Property Endowment Fund (the "PEF");
5. Any agreements are to be to the satisfaction of the Director of Legal Services;
6. No legal right or obligation shall be created and none shall arise hereafter, until the documents are executed by the parties thereto.
ADOPTED ON CONSENT
2. New Public Street Names: Extension of Pacific Boulevard and Extension of Nelson Street
October 13, 2004 (File 5527)
A. THAT the additional land being dedicated as a widening of Pacific Boulevard, be named an extension of Pacific Boulevard.
B. THAT the additional land being dedicated as a widening of Nelson Street, be named an extension of Nelson Street.
C. THAT the Director of Legal Services be instructed to bring forward the appropriate amendments to the Street Name By-law.
ADOPTED ON CONSENT
3. Year 2005 Animal Control Dog License Fee Amendments
October 12, 2004 (File 1755)
A. THAT the license fees for unaltered dogs, contained in the Schedule of Fees and Charges of By-law No. 7528, be increased for Year 2005 from $44 to $54 if paid on or before March 1 and from $54 to $64 if paid after March 1;
B. THAT the license fees for spayed/neutered dogs, contained in the Schedule of Fees and Charges of By-law No. 7528, be increased for Year 2005 from $24 to $25 if paid on or before March 1 and from $34 to $35 if paid after March 1;
C. THAT the Director of Legal Services be instructed to prepare the necessary By-law amendments to the Animal Control By-Law No. 7528 to implement the revised Schedule of Fees and Charges to be effective January 1, 2005.
ADOPTED ON CONSENT
4. Single Room Accommodation By-law (8733): Application to Exempt all 34 Designated SRA Rooms at 826/830 West Hastings Street (The Jolly Taxpayer Hotel)
October 7, 2004 (File 4657)
THAT Council grant an exemption from the Single Room Accommodation By-law of all 34 designated SRA rooms at 826/830 West Hastings Street (The Jolly Taxpayer Hotel).
ADOPTED ON CONSENT
5. Lease Amendments for The Wellington: 1399 Fountain Way
October 18, 2004 (File 1203)
A. THAT Council approve the September 20, 2004, Memorandum of Understanding (attached as Appendix A to the Administrative Report Lease Amendments for The Wellington: 1399 Fountain Way dated October 18, 2004) between the City and the Wellington Society regarding amendments to the lease for the Wellington (1399 Fountain Way) that would allow the Society to remortgage the property to generate equity to invest in non-profit rental housing in the City of Vancouver, and authorize the Director of Legal Services to amend the lease for the Wellington and to renew the daycare sublease from the Society on terms and conditions to her satisfaction.
B. THAT no legal rights or obligations shall arise or be created by this Memorandum of Understanding until it is approved by the Society's Board and by City Council, and until all legal documentation has been executed on terms and conditions to the satisfaction of the Society's and the City's solicitors.
ADOPTED ON CONSENT
6. Capital Allocation for Shannon Day Care Centre Playground and Canopy
October 19, 2004 (File 1602)
THAT Council instruct staff to tender the project work necessary to upgrade the Shannon Day Care playground and canopy as detailed in the Administrative Report Capital Allocation for Shannon Day Care Centre Playground and Canopy dated October 19, 2004, at an estimated cost of $110,000; source of funding to be $30,000 allocated in the 2002 Capital Budget and $80,000 as an advance from the Capital Reserve to be repaid from the 2005 Capital Budget allocation for City-owned Social and Cultural Facility Maintenance/Replacement.
ADOPTED ON CONSENT
7. Liquor Retail Policy: Additional Consultation Program
October 18, 2004 (File 2610)
MOVED by Councillor Roberts
A. THAT Council approve undertaking additional public consultation on liquor retail Policies and Guidelines in workshops with resident and BIA groups, alcohol prevention and treatment providers and the liquor retail industry, as outlined in the Administrative Report Liquor Retail Policy: Additional Consultation Program dated October 18, 2004 as 2(c) under the Proposed Public Consultation Process, and approve $13,000 required for this work with the source of funds being the Community Services Group 2004 Operating Budget.
CARRIED
(Councillors Ladner and Sullivan opposed)
MOVED by Councillor Louie
B. THAT the "Liquor Store Guidelines" in Appendix A of the Policy Report Liquor Retail Policy and Guidelines dated July 6, 2004 be amended as necessary to allow consideration of two categories of liquor store as follows:
· Type 1 ("boutique") stores:
· 280 sq.m. (3000 sq.ft.) gross or less, that sells any combination of beer and wine
· maximum of one store to be considered in each identified Local Shopping Area that currently have no liquor store of any type.
· In Downtown and Central Broadway (where there are no identified LSAs) stores to be a minimum 500 m. from any other Type 1 or Type 2 store.
· Type 2 ("regular") stores:
· More than 280 sq. m. (3000 sq.ft.) gross, that sells any combination of beer, wine and spirits.
· Only where Type 2 stores currently exist, but may be relocated close by.
· Type 1 ("boutique") store or Type 2 ("regular") store (but not both) to replace each of the two recently closed liquor stores Robson and Denman, and Victoria near 49th, or close by) and in each of the two emerging neighbourhoods Southeast False Creek and East Fraserlands.
C. WHEREAS Council has received numerous complaints regarding the lack of neighbourhood notification of liquor Development Permit applications;
THEREFORE BE IT RESOLVED THAT staff review the neighbourhood notification process and report back to Council on options to improve it.
D. THEREFORE BE IT RESOLVED THAT Council indicate that a public liquor delivery model is preferred, and the Mayor write to the Solicitor General to communicate this preference.
CARRIED
(Councillors Ladner and Sullivan opposed to D)
8. Funding for Replacement of Learning Tree Day Care and Playhouse Child Development Centre
October 12, 2004 (File 2402)
MOVED by Councillor Roberts
D. THAT Council indicate its support for the development of a City-owned, 69-space childcare development hub at 4103/4121 Brant Street at an estimated cost of $2.9 million with City funding of $1.0 million to be provided as follows:
_ $405,000 from the City-owned Social and Cultural Facility allocation in the 2003-2005 Capital Plan toward replacement of the City-owned Playhouse Child Development Centre operated by the Developmental Disabilities Association and located on City-owned land at 4121 Brant Street;
_ $595,000 from City-wide Development Cost Levies (Childcare Allocation) as the City contribution to additional capacity in the new centre;
City funding to be contingent on commitment of:
_ $1.5 million from the Provincial Government (BCBC) for replacement and enlargement of the provincially-owned Learning Tree Daycare operated by Brant Villa Society and located on City-owned land at 4103 Brant Street; and
_ $500,000 from a fundraising campaign by the two childcare operators as set out in Appendix A in the Administrative Report Funding for Replacement of Learning Tree Day Care and Playhouse Child Development Centre dated October 12, 2004.
B. THAT the new purpose-built child development hub be owned by the City and be retained as a capital asset and that the site be leased to the new joint operating partnership at nominal cost.
C. THAT Council authorize an expenditure of $200,000 for conceptual design work in advance of securing the total funding for the project, source of funding to be City-wide DCL Childcare allocation.
D. THAT once total funding commitments are in place, staff be authorized to call tenders for the construction of a 69-space childcare development hub on these sites for report back to Council.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Green absent for the vote)
9. Purchase of Fire Apparatus
October 5, 2004 (File 3651)
THAT Council approve the allocation of $800,000 from the Truck and Equipment Replacement Reserve (Plant Account) for the addition of one Air/Support (Equipment) Truck to the Vancouver Fire and Rescue Services fleet, in lieu of replacing an existing authorized aerial ladder truck;
FURTHER THAT Council approve an addition to the VFRS Operating budget of $1000 annually to account for additional maintenance costs for this vehicle and $83,000 annually to account for capital rental rate charges.
ADOPTED ON CONSENT
10. Form of Development: 6450 Clarendon
October 19, 2004 (File 2604)
THAT the form of development for the CD-1 zoned site known as 6475 Elliot Street and 2550 Waverley Avenue (6398 and 6404 Clarendon Street being the application addresses) be approved generally as illustrated in the Development Applications Number DE408349 and DE408917, prepared by Lloyd Plishka Architect and on July 14, 2004, stamped "Received, Community Services Group, Development Services", 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
11. Official Results of October 16, 2004 Plebiscite: At-large or Wards
October 20, 2004 (File 1102)
THAT the Administrative Report Official Results of October 16, 2004 Plebiscite: At-large or Wards dated October 20, 2004 be received.
ADOPTED ON CONSENT
12. Business License Hearing Panels for November 4, 10, 16, 17 and 23, 2004
October 22, 2004 (File 2711-1)
THAT Council delegate the holding of five business license hearings presently scheduled for November 4, 2004 from 7:30 p.m. to 10:30 p.m., November 10, 2004 from 9:30 a.m. to 12:30 p.m., November 16, 2004 from 9:30 a.m. to 12:30 p.m., November 17, 2004 from 9:30 a.m. to 12:30 p.m. and November 23, 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 hearings pursuant to Section 275 of the Vancouver Charter regarding referrals to Council by the Chief License Inspector for the year 2004 business licenses and the power to make a Council decision in relation to those hearings be delegated to:
November 4, 2004
Councillor Tim Stevenson, Chair
Councillor Peter Ladner
Councillor Anne Roberts
Councillor Raymond Louie, Alternate
November 10, 2004
Councillor Sam Sullivan, Chair
Councillor Fred Bass
Councillor Ellen Woodsworth
Councillor Jim Green, Alternate
November 16, 2004
Councillor Raymond Louie, Chair
Councillor Sam Sullivan
Councillor Tim Stevenson
Councillor Anne Roberts, Alternate
November 17, 2004
Councillor Ellen Woodsworth, Chair
Councillor Peter Ladner
Councillor David Cadman
Councillor Fred Bass, Alternate
November 23, 2004
Councillor Tim Louis, Chair
Councillor Jim Green
Councillor Tim Stevenson
Councillor David Cadman, Alternate
Should any of the above Members of Council be unable to attend the hearings, the hearings and the power to make a Council decision in relation to those hearings be delegated to the remaining two Councillors and alternate Councillors.
ADOPTED ON CONSENT
13. 2004 Operating Budget - August Review
October 14, 2004 (File 1605)
The Chair advised a request to speak on Administrative Report A13 has been received. Council agreed to refer consideration of the report to the Standing Committee on Planning and Environment meeting on November 4, 2004 to hear the speaker.
14. Request by Councillor Roberts to Travel and Attend the Child Care for a Change! Shaping the 21st Century Conference
October 19, 2004 (File 1254)
THAT Council authorize payment for Councillor Anne Roberts to attend the Child Care for Change! Shaping the 21st Century conference to be held in Winnipeg, Manitoba on November 11 - 13; funding estimated at $1,397.00 and available in the Council travel budget.
ADOPTED ON CONSENT
POLICY REPORTS
1. Energy Efficiency Purchasing Policy
September 24, 2004 (File 3501)
A. THAT Council approve adoption of the Energy Efficiency Purchasing Policy as follows:
That Purchasing Services, after consultation with the Environmental Services Manager and the Office of Sustainability, implement a policy that ensures the City purchases energy efficient equipment, supplies, and appliances wherever possible. This would require that product specifications require compliance with:
i) Energy Star® guidelines and recommendations
ii) Natural Resources Canada Office of Energy Efficiency (NRCOEE) guidelines and recommendations.
B. THAT Council ask the Vancouver Parks Board, Vancouver Public Library, and the Vancouver Police Department to implement this policy where applicable to their needs.
ADOPTED ON CONSENT
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Woodsworth
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Woodsworth
SECONDED by Councillor Louie
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
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
1. A By-law to amend Animal Control By-law No. 7528 regarding 2005 fee increases (By-law No. 8939)
2. A By-law to amend Vehicles for Hire By-law No. 6066 regarding 2005 fee increases (By-law No. 8940)
3. A By-law to amend License By-law No. 4450 regarding 2005 fee increases and miscellaneous amendments (By-law No. 8941)
4. A By-law to amend Subdivision By-law No. 5208 (3570 McGill Street) (By-law No. 8942)
5. A By-law to amend Zoning and Development By-law No. 3575 to rezone an area to CD-1 (1120 West Georgia Street) (By-law No. 8943)
(Mayor Campbell excused from voting)
6. A By-law to amend Sign By-law No. 6510 (1120 West Georgia Street) (By-law No. 8944)
(Mayor Campbell excused from voting)
7. A By-law to amend Downtown District Official Development Plan By-law No. 4912 (1120 West Georgia Street) (By-law No. 8945)
(Mayor Campbell excused from voting)
8. A By-law to amend By-law No. 4412 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1 (Langara College) (By-law No. 8946)
(Councillors Green, Roberts, Stevenson, Sullivan and Mayor Campbell excused from voting)
9. A By-law to amend By-law No. 4472 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1 (800 West 12th Avenue - power plant) (By-law No. 8947)
(Councillors Green, Sullivan and Mayor Campbell excused from voting)
10. A By-law to amend Parking By-law No. 6059 (1226 Homer Street) (By-law No. 8948)
MOTIONS
A. Administrative Motions
1. Closure of a portion of lane south of West 5th Avenue, west of Cypress Street (File 5753)
MOVED by Councillor Woodsworth
SECONDED by Councillor Louie
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. There is a proposal to redevelop privately-owned Lot A and Lot B, both of Lot 5, Block 266, District Lot 526, Plan 5855;
3. The proposal requires the closure of a portion of lane south of West 5th Avenue, west of Cypress Street;
4. The said portion of lane was dedicated by the deposit of Plan 5855 on August 23, 1927;
5. The said portion of lane is no longer required for municipal purposes;
6. The said portion of lane will be conveyed to the owner of said Lot A and Lot B, both of Lot 5, Block 266, District Lot 526, Plan 5855 for consolidation with said Lot A and Lot B.
7. The owner also owns the West ½ of Lot 6, Block 266, District Lot 526, Plan 590 which will be included in the consolidation.
THEREFORE BE IT RESOLVED THAT the all that portion of lane south of West 5th Avenue, west of Cypress Street, as dedicated by Plan 5855, the same as shown in heavy outline on Explanatory Plan of Survey attested to by E. T. Wong, B.C.L.S., completed on the 5th Day of October, 2004 and marginally numbered File:SMZ-417, be closed, stopped-up and conveyed to the abutting owner; and
BE IT FURTHER RESOLVED THAT the said portion of lane to be closed, is to be consolidated with said Lot A and Lot B, both of Lot 5, Block 266, District Lot 526, Plan 5855 and the West ½ of Lot 6, Block 266, District Lot 526, Plan 590 to form a single parcel to the satisfaction of the Director of Legal Services.
CARRIED UNANIMOUSLY
NEW BUSINESS
1. Leave of Absence - Mayor Campbell (File 1254)
MOVED by Councillor Green
SECONDED by Councillor Woodsworth
THAT Mayor Campbell be granted Leave of Absence for the Court of Revision on the evening of November 18, 2004.
CARRIED UNANIMOUSLY
2. Olympic Trademark Protection (File 4209)
MOVED by Councillor Green
SECONDED by Councillor Woodsworth
BE IT RESOLVED THAT City Council support VANOC's obligation to protect Olympic trademarks, copyrights and indicia;
BE IT FURTHER RESOLVED THAT City Council endorse VANOC's policy with respect to grandfathering the use of similar Olympic names of businesses which existed prior to January 1, 1998, for non-Olympic Games purposes;
BE IT FINALLY RESOLVED THAT City staff inform Council of opportunities for Vancouver businesses, individuals and non-profit organizations, to participate in and benefit from the Olympic Movement.
Notice
Councillor Sullivan called Notice under Section 5.4 (c) of the Procedure By-law. The Motion was placed on the Agenda for the next Regular Council meeting to be held November 4, 2004, immediately following the Standing Committee on City Services and Budgets meeting.
3. Support of Film Industry (File 4201)
MOVED by Councillor Green
SECONDED by Councillor Woodsworth
WHEREAS the City of Vancouver has committed to retain and enhance jobs in Vancouver; and
WHEREAS no other competing jurisdiction in Canada or the U.S. requires the film industry to pay goods and services taxes; and
WHEREAS the film industry pays great dividends to the City and Province.
THEREFORE, BE IT RESOLVED THAT the City actively lobby the Province of BC to eliminate P.S.T. on the film industry and that staff report back on ways in which the City may support this important industry.
Notice
Councillor Louis called Notice under Section 5.4 (c) of the Procedure By-law. The Motion was placed on the Agenda for the next Regular Council meeting to be held November 4, 2004, immediately following the Standing Committee on City Services and Budgets meeting.
The Council adjourned at 4:55 p.m.
* * * * *
