Vancouver City Council

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

MARCH 15, 2005

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, March 15, 2005, 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 Woodsworth

CITY MANAGER'S OFFICE:

Judy Rogers, City Manager

CITY CLERK'S OFFICE:

Syd Baxter, City Clerk
Tarja Tuominen, Meeting Coordinator

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.

PROCLAMATION - HARMONY WEEK (File 1051)

Council proclaimed the week of March 13 to 20, 2005 as Harmony Week.

PRESENTATION - BY SWEET ADELINES (File 1051)

Council welcomed the Sweet Adelines who performed "Unforgettable".

PROCLAMATION - INTERNATIONAL DAY FOR THE ELIMINATION OF RACIAL DISCRIMINATION (File 1051)

Council proclaimed Monday, March 21, 2005 as the International Day for the Elimination of Racial Discrimination.

"IN CAMERA" MEETING

MOVED by Councillor Stevenson
SECONDED by Councillor Cadman

THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2(1) of the Vancouver Charter, to discuss matters related to paragraph(s):

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;

(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 [disclosure harmful to business interests of a third party] of the Freedom of Information and Protection of Privacy Act;

(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

ADOPTION OF MINUTES

1. Business License Hearing - February 1/24, 2005

MOVED by Councillor Roberts
SECONDED by Councillor Bass

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

2. Regular Council (Transportation and Traffic) - February 15, 2005

MOVED by Councillor Bass
SECONDED by Councillor Cadman

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

3. Special Council (Public Hearing) - February 15, 2005

MOVED by Councillor Louie
SECONDED by Councillor Cadman

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

4. Regular Council (City Services and Budgets) - February 17, 2005

MOVED by Councillor Louis
SECONDED by Councillor Woodsworth

THAT the foregoing Minutes be approved, subject to the following amendment:

THAT Councillor Woodsworth be noted as being on Leave of Absence due to Civic Business.

CARRIED UNANIMOUSLY

5. Regular Council (Planning and Environment) - February 17, 2005

MOVED by Councillor Roberts
SECONDED by Councillor Cadman

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

6. Business License Hearing - February 17, 2005

MOVED by Councillor Louie
SECONDED by Councillor Cadman

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

7. Regular Council - March 1, 2005

MOVED by Councillor Louie
SECONDED by Councillor Cadman

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
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, A9 and A10, and Policy Reports P1, P3 and P5, on consent.

CARRIED UNANIMOUSLY

REPORT REFERENCE

1. 2005 Operating Budget - Interim Estimates (File 1605)

Estelle Lo, General Manager of Corporate Services, and Annette Klein, Director of Budget Services, presented a Report Reference on the interim estimates for the 2005 Operating Budget.

Ms. Jami Koehl, representing the Mustel Group presented highlights of the public opinion survey undertaken by the Mustel Group seeking the opinions of Vancouver residents on a range of service and taxation options.

Ms. Lo and Ms. Klein presented an overview of the budget process to date, the public consultation process, budget and funding options and initiatives, and a summary of the recommendations and considerations before Council.

(a) 2005 Operating Budget: Public Consultation

February 25, 2005 (File 1605)

Council thanked staff and Ms. Koehl for the presentation.

(b) 2005 Operating Budget: Interim Estimates
February 20, 2005 (File 1605)

Council referred consideration of the Administrative Report 2005 Operating Budget: Interim Estimates dated February 20, 2005, to the Standing Committee on City Services and Budgets meeting of March 17, 2004 to allow speakers to be heard.

ADMINISTRATIVE REPORTS

1. Rezoning of City-owned property at 595 West 6^th Avenue (2^nd Avenue Station)
February 10, 2005 (File 5307)

MOVED by Councillor Louie

A. THAT Council approve $100,000 for the issuance of an Request for Proposal for the hiring of a consultant with experience with integrated design processes and green buildings; the consultant will develop, in consultation with the local community, a multi-family and commercial development proposal for the City-owned property located at 595 West 6^th Avenue, the northwest corner of Cambie and 6^th Avenue; source of funds to be the Property Endowment Fund (PEF).

B. THAT Council direct the Director of Real Estate Services to subsequently make application for rezoning of the subject site.

CARRIED UNANIMOUSLY

2. Building Services Fleet Adjustment

February 21, 2005 (File 5106)

A. THAT Council approve the allocation of $141,100 from the Truck and Equipment Replacement Reserve (Plant Account) to fund the capital costs for the addition of four (4) minivans and one (1) compact sedan vehicle to the existing Building Services Fleet to replace the existing five (5) leased units.

B. THAT the estimated annual rent of $39,960 with Engineering Services be provided from the existing Building Services Operating Budget.

ADOPTED ON CONSENT

3. Local Improvements Flat Rates and Projects to be Cancelled
February 14, 2005 (File 5802)

A. THAT the flat rates shown on the "List of Projects Certified Complete in 2004", on file in the City Clerk's Office be approved.

B. THAT previously approved projects numbered Court #593, Item #35, Court #602, Item #67, Court # 605, Item #35, Court #610, Item #26, and Court #614, Items #30 & #31 and Court #615, Item #17 as described in detail in the body of the Administrative Report Local Improvements Flat Rates and Projects to be Cancelled dated February 14, 2005, be cancelled.

ADOPTED ON CONSENT

4. Amendment to Vehicles for Hire By-law No. 6066: Private Impoundment Towing Rate and Release Fee
February 28, 2005 (File 2801)

A. THAT Council approves an increase in the private impoundment towing rate to $68.50 and an increase in the release fee to $33.65, subject to the towing companies agreeing, in writing, to storage charges of $17.50 for the first 24 hours and $13.00 for each additional 24 hour period.

B. THAT subject to Council approval of the above, the Director of Legal Services prepare the necessary by-law amendments for the private impoundment towing rate and release fee.

ADOPTED ON CONSENT

5. Taxicab Rate Increase
February 28, 2005 (File 2801)

MOVED by Councillor Sullivan

A. THAT taxicab meter fares and time or distance fares in the City be increased to the following rates, respectively (excluding GST):

POINT TO POINT ON METER:

For the first 71 meters or fraction thereof

$2.44

For each additional 71 meters or fraction thereof

.10

For each 14 seconds of stopping or waiting time

.10

TIME OR DISTANCE:

For the first hour or fraction thereof
or for each 71 meters, whichever is greater

$25.20
.10

For each succeeding quarter hour or fraction thereof
Or for each 71 meters, which ever is greater

6.30
.10

B. THAT the Director of Legal Services be instructed to bring forward the necessary by-law amendments to give effect to the proposed taxicab rate increases by March 27, 2005.

CARRIED UNANIMOUSLY

6. Capital Grant - Central City Mission Foundation for the Acquisition of 717 Princess Avenue
February 24, 2005 (File 2005)

MOVED by Councillor Roberts

THAT Council approve a Capital Grant of $75,000 to the Central City Mission Foundation to assist with the purchase of and begin preliminary design for renovations to the 717 Princess Avenue Child Development Centre, on conditions that remaining funds for acquisition of the building have been secured and that Central City Mission Foundation commits to lease the space at a nominal rate for the purposes of non-profit childcare. Source of funding is the unallocated 2003 Capital Grants budget.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

7. Award of Contract for Green Design Feasibility Study for #1 Kingsway Multi-use Complex
February 25, 2005 (File 1805)

MOVED by Councillor Louie

A. THAT the contract to undertake a green design feasibility study of the City's #1 Kingsway multi-use complex be awarded to Busby Perkins + Will Architects, at a fee of $40,000 including GST and disbursements, of which $25,000 is from a grant to the City from the Federation of Canadian Municipalities Green Municipal Enabling Fund, $10,000 is from the City's Green Building Fund and $5,000 is in-kind services to be provided by the City.

B. THAT the General Manager of Community Services be authorized to enter into a Consulting Agreement with Busby Perkins + Will Architects in consultation with the Director of Legal Services.

CARRIED UNANIMOUSLY

8. Skateboard, In-Line Skate and Push Scooter By-law - Report Back
February 25, 2005 (File 113)

MOVED by Councillor Sullivan

THAT the Administrative Report Skateboard, In-Line Skate and Push Scooter By-law - Report Back dated February 25, 2005, be received for information.

CARRIED UNANIMOUSLY

9. Public Art Programming at Library Square
February 10, 2005 (File 3130)

THAT Council approve the allocation of $135,000 for public art programming through 2006 (the "Aperture Project") at Library Square, as described in the Administrative Report Public Art Programming at Library Square dated February 10, 2005; source of funds to be the Library Square Public Art Reserve.

ADOPTED ON CONSENT

10. Replacement of Firehall Number 15 - 3003 East 22^nd Avenue - Appointment of Architects
March 1, 2005 (File 1805)

THAT Hughes Condon Marler Architects be appointed architects (up to the Building Permit stage) for the reconstruction of Firehall Number 15; architect's fees to be based on the Architectural Institute of British Columbia Tariff of Fees for fire stations (6.15 percent of construction budget) and architects' consultants fees to be based on the Association of Professional Engineers Guidelines for Engineering Services, as outlined in the Administrative Report Replacement of Firehall Number 15 - 3003 East 22^nd Avenue - Appointment of Architects dated March 1, 2005, for a total fee and disbursements up to a maximum of $300,000; source of funding to be $50,000 from the 2004 Basic Capital Budget and $250,000 from the 2005 Basic Capital Budget, in advance, for Firehall Replacement.

ADOPTED ON CONSENT

11. Recommendations to Improve Civic Democracy
March 1, 2005 (File 1102)

MOVED by Councillor Louis

A. THAT City Council request the Government of British Columbia to amend the Vancouver Charter to allow Council the option to adopt a proportional representation electoral system, such as the Single Transferable Vote system, including multi-member wards.

B. THAT City Council request the Government of British Columbia to amend the Vancouver Charter to require that electoral organizations and candidates report all contributions, regardless of whether the contributions relate to an election expense and regardless of when the contributions are received.

C. THAT City Council request that the Government of British Columbia pass legislation that defines municipal political parties and that provides financial reporting requirements similar to those for federal and provincial political parties.

D. THAT City Council request the Government of British Columbia to pass legislation defining interest groups advocating for either the "yes" or "no" side of questions placed before electors, including a requirement for such groups to comply with campaign financing statutes similar to those defined in Division 8 of the Vancouver Charter.

E. THAT Council request electoral organizations and candidates in the 2002 civic election and all groups advocating for the "yes" or "no" side of the October 16, 2004 plebiscite question on at-large or wards, to voluntarily report all campaign contributions, regardless of whether the contributions relate to an election expense and regardless of when the contributions are received.

F. THAT Council request the City Clerk to make the following forms at City Hall more open and accessible to the public by posting to the City's web site and making photocopies available to citizens:

1) Nomination documents for Mayor, Council and Park Commissioners with names and addresses of nominating electors obscured (starting with the 2005 civic election documents)
2) Financial Disclosure Forms for Mayor and Council (starting with the 2005 civic election forms and 2006 annual filings)
3) Campaign Financing Disclosure Statements for Mayor, Council and Park Commissioners with names and addresses of individual contributors obscured (starting with the 2005 civic election statements) and that authority be sought to publish the names and addresses of individual contributors on the internet.

G. THAT Council request the Government of British Columbia to develop municipal legislation instituting a lobbyist registry, parallel to the existing provincial Lobbyists Registration Act.

H. THAT for Other Voting related to proposed changes in electoral systems for municipal elections, Council request the government of British Columbia to amend the Vancouver Charter to allow Council the option of requiring that assent of electors be by a simple majority and a minimum voter-turnout threshold.

Amended

Council requested to separate the components in the Motion for the vote.

CARRIED UNANIMOUSLY

CARRIED
(Councillor Sullivan opposed)

CARRIED UNANIMOUSLY

LOST
(Councillors Green, Ladner, Louie, Stevenson, Sullivan and the Mayor opposed)

LOST
(Councillors Bass, Cadman, Green, Louie, Stevenson, and the Mayor opposed)

F. THAT Council request the City Clerk to make the following forms at City Hall more open and accessible to the public by posting to the City's web site and making photocopies available to citizens:

CARRIED UNANIMOUSLY

G. THAT Council request the Government of British Columbia to develop municipal legislation instituting a lobbyist registry, parallel to the existing provincial Lobbyists Registration Act.

LOST
(Councillors Green, Ladner, Louie, Stevenson, Sullivan and the Mayor opposed)

CARRIED UNANIMOUSLY

FINAL MOTION AS ADOPTED

D. THAT Council request the City Clerk to make the following forms at City Hall more open and accessible to the public by posting to the City's web site and making photocopies available to citizens:

E. THAT for Other Voting related to proposed changes in electoral systems for municipal elections, Council request the government of British Columbia to amend the Vancouver Charter to allow Council the option of requiring that assent of electors be by a simple majority and a minimum voter-turnout threshold.

12. Gastown Parkade/Storyeum - 150 Water Street and 151 West Cordova - Funding Adjustment for Additional Work

March 7, 2005 (File 8107)

MOVED by Councillor Louie

THAT consideration of the Administrative Report Gastown Parkade/Storyeum - 150 Water Street and 151 West Cordova - Funding Adjustment for Additional Work dated March 7, 2005 be postponed pending the receipt of a report by staff at an In-camera meeting on the status of the project.

CARRIED UNANIMOUSLY

13. East Fraser Lands Official Development Plan Program
February 28, 2005 (File 3258)

MOVED by Councillor Roberts

A. THAT Council endorse a public planning program to develop an Official Development Plan (ODP) for East Fraserlands, outlined in Appendix A of the Administrative Report East Fraser Lands Official Development Plan Program dated February 28, 2005, to undertake a public process to consider and bring forward an ODP for Council referral to a Public Hearing, together with policies and recommendations regarding public amenities, giving guidance to and providing a basis for assessing rezoning applications;

FURTHER THAT, Council endorse parallel consideration of a Phase 1 rezoning application, not to proceed to Public Hearing in advance of enactment of an ODP.

B. THAT staff resources contained in Appendix B of the Administrative Report and estimated associated cost recovered budget of $1,246,000 contained in Appendix C of the report be approved to complete policy planning and a potential Phase 1 rezoning application review for East Fraserlands;

FURTHER THAT, consistent with City cost recovery policy, Council accept a policy phase contribution of $881,800 to begin the program and a rezoning phase Contribution of $364,200 in 2006 from Parklane Homes to fully cover these costs;

AND FURTHER THAT these contributions be applied to rezoning fees.

CARRIED UNANIMOUSLY

14. Celebration of Light and Grey Cup Festival 2005
February 1, 2005 (File 4201)

MOVED by Councillor Cadman

A. THAT, consistent with the decision made in 2004, Council not approve the Celebration of Light as a Civic Event.

B. THAT COUNCIL approve a grant of $461,500, representing the $448,000 the City contributed in 2004 plus a 3% increase, for the 2005 Celebration of Light, subject to 2005 budget considerations.

C. THAT Council approve the Grey Cup Festival 2005 as a Civic Event.

D. THAT Council approve a budget of $140,000 to cover City costs for the 2005 Grey Cup Festival, subject to 2005 budget considerations.

E. THAT Council approve a budget of up to $10,000, from the 2005 Operating budget, without offset, to have City staff install and remove Grey Cup 2005 street banners.

Amended

AMENDMENT MOVED by Councillor Louie

THAT A and B be substituted with the following:

A. THAT Council approve the Celebration of Light as a Civic Event.

B. THAT COUNCIL approve additional costs of $218,200 for the 2005 Celebration of Light, subject to 2005 budget considerations.

CARRIED
(Councillors Bass, Cadman, Louis, Roberts, and Woodsworth opposed to A)
(Councillors Bass and Louis opposed to B)

MOVED by Councillor Louis

THAT a vote be retaken on the amendment.

CARRIED
(Councillor Green and the Mayor opposed)

A. THAT Council approve the Celebration of Light as a Civic Event.

B. THAT COUNCIL approve additional costs of $218,200 for the 2005 Celebration of Light, subject to 2005 budget considerations.

CARRIED
(Councillors Bass, Cadman and Roberts opposed to A)
(Councillor Bass opposed to B)

C. THAT Council approve the Grey Cup Festival 2005 as a Civic Event.

D. THAT Council approve a budget of $140,000 to cover City costs for the 2005 Grey Cup Festival, subject to 2005 budget considerations.

E. THAT Council approve a budget of up to $10,000, from the 2005 Operating budget, without offset, to have City staff install and remove Grey Cup 2005 street banners.

CARRIED UNANIMOUSLY

FINAL MOTION AS AMENDED AND ADOPTED

A. THAT Council approve the Celebration of Light as a Civic Event.

B. THAT COUNCIL approve additional costs of $218,200 for the 2005 Celebration of Light, subject to 2005 budget considerations.

C. THAT Council approve the Grey Cup Festival 2005 as a Civic Event.

D. THAT Council approve a budget of $140,000 to cover City costs for the 2005 Grey Cup Festival, subject to 2005 budget considerations.

E. THAT Council approve a budget of up to $10,000, from the 2005 Operating budget, without offset, to have City staff install and remove Grey Cup 2005 street banners.

15. Integration of the Broadway RAV Station with the Future Civic Precinct Redevelopment
February 25, 2005 (File 5559)

MOVED by Councillor Louie

A. THAT Council approve the demolition of the four City-owned commercial units located at 478, 486, 490, and 498 West Broadway and the residential apartment building located at 2530 Cambie Street, in order to accommodate the RAV Broadway Station.

B. THAT Council approve the deletion of the "B" listed residential apartment building located at 2530 Cambie Street from the Vancouver Heritage Registry.

C. THAT the Director of Legal Services and General Manager of Engineering Services be authorized to negotiate an agreement between the City and TransLink/RAVCO to accommodate the RAV Broadway Station on the following general terms and conditions and such other terms and conditions satisfactory to the Director of Legal Services and General Manager of Engineering Services:

(a) costs and liabilities associated with demolishing the structures referred to in Recommendation A and then landscaping and finishing the resulting open spaces, estimated to be $300,000, be cost-shared with TransLink/RAVCO,

(b) the access rights and associated legal risk allocations will be on terms and conditions generally consistent with those set out in the RAV Vancouver Access Agreement,
(c) the 2530 Cambie Street Building will not be demolished until work on the site for the RAV station requires its removal.

D. THAT upon the Director of Legal Services and the General Manager of Engineering Services being satisfied as to the terms and conditions of the Agreement referred to in C, the Director of Legal Services and General Manager of Engineering Services be authorized to execute and deliver the Agreement necessary to implement such terms and conditions on behalf of Council.
E. THAT the Director of Facility Design and Management in consultation with the Director of Current Planning and Director of Legal Services be authorized to issue a Request for Proposals and then, based on the Proposals received, select an architect experienced in property development work, at an hourly rate as set out by the Architectural Institute of British Columbia, for a total fee not to exceed $50,000, to advise the City on the development options for the City-owned property at Cambie and Broadway, including the impact of the RAV Broadway Station on the site and providing adequate access for pedestrians, bicyclists and transit passengers. Such services to be provided concurrently with the design of the RAV Broadway Station by TransLink/RAVCO's preferred proponent, SNC Lavalin/Serco; source of funding to be the Property Endowment Fund.
F. THAT no legal rights or obligations will be created or arise by virtue of Council's approval of A through E above unless and until the necessary legal agreements have been executed and delivered by the Director of Legal Services and either the General Manager of Engineering Services or Director of Facilities Development, as applicable.
G. THAT staff report back on pedestrian, bicycle and Urban Design improvements to facilitate access between transit services on Broadway and the RAV Station entrance on 10^th Avenue and the bicycle route on Tenth Avenue.

CARRIED UNANIMOUSLY

POLICY REPORTS

1. CD-1 Text Amendment - 1630 West 15^th Avenue (Vancouver Lawn Tennis and Badminton Club)

February 28, 2005 (File 5304)

THAT the application by Kori Chan, Proscenium Architecture + Interiors Inc., to amend CD-1 By-law No 6962 for 1630 West 15th Avenue (Lot 1, Block 469, D.L. 526, Plan 13363), to permit the addition of a second seasonal air-supported tennis bubble, be referred to a Public Hearing, together with:

(i) plans received June 21, 2004;

(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report CD-1 Text Amendment - 1630 West 15^th Avenue (Vancouver Lawn Tennis and Badminton Club) dated February 28, 2005; 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 amending by-law generally in accordance with Appendix A of the Policy Report for consideration at the Public Hearing.

ADOPTED ON CONSENT

2. Proposed Amendments to the Zoning and Development By-law to define "Small-scale Pharmacy" and make it a conditional approval use

March 1, 2005 (File 5301)

MOVED by Councillor Bass

A. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-Law, the Parking By-law and relevant Official Development Plans, generally in accordance with Appendix A of the Policy Report Proposed Amendments to the Zoning and Development By-law to define "Small-scale Pharmacy" and make it a conditional approval use dated March 1, 2005, to:

i) amend Section 2 to define "Small-scale Pharmacy";

ii) amend all district schedules that permit Grocery or Drug Store to add Small-scale Pharmacy as a conditional approval use;

iii) amend Section 11 to:

· require that a Small-scale Pharmacy include a minimum 25 square metres of publicly accessible space, unless otherwise determined by the Director of Planning;

· require that any development permit issued for a Small-scale Pharmacy shall be limited in time to up to two years from the date of issuance; and,

iv) amend the Official Development Plans to include the definitions and conditions as necessary.

FURTHER THAT the applications and necessary draft by-laws be referred to Public Hearing.

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws, along with any consequential amendments to relevant Official Development Plans, generally in accordance with Appendix A of the Policy Report , for consideration at the public hearing.

B. THAT if approved at Public Hearing, the by-laws be accompanied at the time of enactment by the "Guidelines for the Location and Operation of a Small-scale Pharmacy", generally in accordance with Appendix B of the Policy Report, to be adopted by a resolution of Council.

C. THAT the Drug Policy Coordinator, in consultation with the Director of Current Planning, the Director of Development Services, the Chief Licensing Inspector, the Director of City Plans, the Chief of Police, the College of Pharmacists of British Columbia, the Vancouver Coastal Health Authority, and the public, monitor the implications of the proposed by-law amendments and report back to Council within a two year period.

D. THAT the Director of Development Services and the Director of Current Planning be instructed to report to Council any development applications which are not in accordance with the proposed Zoning and Development By-Law amendments, for possible withholding pursuant to Section 570 of the Vancouver Charter.

E. THAT the Drug Policy Coordinator, in consultation with the College of Pharmacists of British Columbia and the Vancouver Coastal Health Authority, work collaboratively to address issues related to the methadone program and report back to Council with an update of this work.

CARRIED UNANIMOUSLY

3. Text Amendment - Downtown Official Development Plan (101 West Hastings - Woodward's)

March 2, 2005 (File 8104/5305)

A. THAT the Director of Current Planning be instructed to make application to amend the Downtown Official Development Plan for 101 West Hastings Street (Lot E, Block 4, Old Granville Townsite, Plan LMP 40092) to create a new sub-area in Map 1, generally in accordance with Appendix A of the Policy Report Text Amendment - Downtown Official Development Plan (101 West Hastings - Woodward's) dated March 2, 2005, and that the application be referred to a Public Hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary 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 by-law to amend the Downtown ODP at Public Hearing, consequential amendments to the Victory Square Policy and other Policies and Guidelines generally as outlined in Appendix B of the Policy Report be adopted.

ADOPTED ON CONSENT

4. Rezoning of 955 Burrard Street (Downtown YMCA) and 969 Burrard Street & 1017-1045 Nelson Street (First Baptist Church); DD (G) and RM-5B to CD-1 and Heritage Revitalization Agreement at 955 Burrard Street

March 3, 2005 (File 5302)

MOVED by Councillor Roberts

A. THAT the application by Stantec Architecture Inc. and James KM Cheng Architects to rezone 955 Burrard Street (Downtown YMCA) and 969 Burrard Street & 1017-1045 Nelson Street (First Baptist Church), (Lots C, 4 E1/2 & W1/2, 16 E1/2, 17 & 18, Blk 7, DL 185, Plan 92, and Lots 16 W1/2, 15 E1/2, 15 W1/2, 14 E 30 ft., 14 ex E 30 ft., and 13, Blk 7, DL 185, Plan 2), from DD (Area `G') and RM-5B to CD-1, to increase maximum floor area and building height, be referred to a public hearing together with:

(i) draft CD-1 By-law provisions, generally as contained in Appendix A of the Policy Report Rezoning of 955 Burrard Street (Downtown YMCA) and 969 Burrard Street & 1017-1045 Nelson Street (First Baptist Church); DD (G) and RM-5B to CD-1 and Heritage Revitalization Agreement at 955 Burrard Street dated March 3, 2005;
(ii) plans prepared by James KM Cheng Architects for the First Baptist Church part of the site and received December 4, 2003, and plans prepared by Stantec Architecture Inc. for the YMCA part of the site and received January 5, 2005; and
(iii) the recommendation of the Director of Current Planning to approve the application, subject to a reduction in building height and floor space ratio on the YMCA part of the site, and subject to conditions of approval in Appendix B of the Policy Report.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law (or By-laws), generally in accordance with Appendix A of the Policy Report, for consideration at public hearing.

B. THAT, if the application is referred to public hearing, the applicant be advised to make application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule E (assigned Schedule B (DD), and that the application be referred to the same public hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the public hearing.

C. THAT, subject to approval of the rezoning at a public hearing, the Noise Control by-law be amended to include this CD-1 in Schedule A;

FURTHER THAT the Director of Legal Services be instructed to bring forward for enactment the amendment to the Noise Control By-law subsequent to the enactment of the CD-1 By-law.

D. THAT the Director of Legal Services be instructed to prepare the necessary Heritage By-laws for consideration at the public hearing, should the rezoning be approved, to:

i) designate as municipally-protected heritage property the Burrard and Barclay Street masonry facades including the one-storey masonry doorway on Barclay and the building itself to a depth of 30 ft (9.14 m) measured from Burrard Street, for the "B" Heritage Register building at 955 Burrard Street;
ii) designate as municipally-protected heritage property under Schedule "B" of the Heritage By-law the Sanctuary and the Narthex of the interior of the municipally-designated "A" Heritage Register building at 969 Burrard Street; and
iii) authorize the Heritage Revitalization Agreement described in E. If approved, this by-law is not to be enacted until after enactment of the CD-1 By-law detailed in A and before December 6, 2005.

E. THAT the Director of Legal Services be instructed to prepare a Heritage Revitalization Agreement and accompanying by-laws for a portion of the building at 955 Burrard Street, in the "B" category on the Vancouver Heritage Register, for consideration at the public hearing, should the rezoning be approved, subject to conditions contained in Appendix B of the Policy Report, to:

i) secure the rehabilitation, protection and on-going maintenance of the the Burrard and Barclay Street masonry facades including the one-storey masonry doorway on Barclay and the building itself to a depth of 30 ft. (9.14 m) measured from Burrard Street; and
ii) award bonus density for transfer off-site, to an amount of 8 292 m² (89,260 sq. ft.).

F. THAT, subject to approval of the rezoning, and subject to conditions contained in Appendix B of the Policy Report, Council instruct staff to report back on the proposed rehabilitation, protection and on-going maintenance, including seismic upgrading and associated restoration, of the Sanctuary, Narthex and associated interior spaces of the municipally-protected building at 969 Burrard Street, including a Heritage Revitalization Agreement (HRA) for consideration at a future public hearing. The HRA is expected to award compensation for the heritage premium costs associated with the seismic upgrading and interior restoration and which may include bonus density for use on site or transfer off site, in accordance with the illustrative form of development approved with this rezoning and all applicable polices at that time, to the satisfaction of the Director of Planning.

G. THAT A to F be adopted on the following conditions:

i) THAT the passage of the above resolution creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost;
ii) THAT any approval that may be granted following the public hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner; and
iii) THAT the City and all its officials, including the Approving Officer, shall not in any way be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion.

CARRIED UNANIMOUSLY

5. CD-1 Rezoning of 1211 Melville Street
March 7, 2005 (File 5306)

A. THAT the application by Hancock Brückner Eng + Wright Architects to rezone the site at 1211 Melville Street (Lots A and 4, Block 30, DL 185, Plan 92), from DD Downtown District to CD-1 Comprehensive Development District, be referred to a Public Hearing, together with:

(i) CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report CD-1 Rezoning of 1211 Melville Street dated March 7, 2005;

(ii) the proposed form of development as shown in plans prepared by Hancock Brückner Eng + Wright Architects received October 14, 2004, presented in Appendix E of the Policy Report; and

(iii) the recommendation of the Director of Current Planning to approve the application, subject to approval 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, if this application is approved, and when development (DE) permit is issued for mixed-use development on the site at 1188 West Pender Street, the Director of Current Planning be instructed to make application to rezone the site at 1188 West Pender Street from DD to CD-1 as set out in DE statistics, with form of development as shown in DE approved drawings.

C. THAT the application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), be referred to the same Public Hearing; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.

D. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD-1 in Schedule A;

AND FURTHER THAT the Director of Legal Services be instructed to bring forward for enactment the amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law.

ADOPTED ON CONSENT

OTHER REPORTS

I. Advisory Committee on Seniors' Issues
January 28, 2005 (File 3057-2)

1. Old Age Security and Guaranteed Income Supplement Programs for Seniors

MOVED by Councillor Woodsworth

THAT Vancouver City Council request the Federal Government to ensure pension equality for all Canadian senior citizens, regardless of their country of origin and whether or not that country has a social services contract with Canada;

FURTHER THAT this motion be forwarded to the Federation of Canadian Municipalities for support.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Louis

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Bass

THAT the report of the Committee of the Whole be adopted.

CARRIED UNANIMOUSLY

BY-LAWS

MOVED by Councillor Stevenson
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 8 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.

CARRIED UNANIMOUSLY

1. A By-law to assess real property to defray 2004 costs for the South Fraser Street Collective Parking Project (By-law No. 9008)

2. A By-law to assess real property to defray 2004 maintenance costs for the Granville Street Decorative Tree Lighting Local Improvement Project (By-law No. 9009)

3. A By-law to assess real property to defray 2004 maintenance costs for the Trounce Alley and Blood Alley Square Local Improvement Project (By-law No. 9010)

4. A By-law to assess real property to defray 2004 costs for the East Hastings Street Collective Parking Project (By-law No. 9011)

5. A By-law to designate certain real property as protected heritage property (re 6821 Laurel Street) (By-law No. 9012)
(Councillors Louis, Woodsworth and the Mayor excused from voting on By-law 5)

6. A By-law to amend Subdivision By-law No. 5208 (re 6500 - 6700 Granville Street) (By-law No. 9013)

7. A By-law to amend Vehicles for Hire By-law No. 6066 to increase taxicab rates (By-law No. 9014)

8. A By-law to amend Vehicles for Hire By-law No. 6066 to increase private impoundment towing rate and release fees (By-law No. 9015)

MOTIONS

A. Administrative Motions

None.

B. Motions on Notice

None.

NEW BUSINESS

1. RAV Cut and Cover (File 5559)

MOVED by Councillor Green
SECONDED by Councillor Louie

WHEREAS the lead proponent to construct the RAV line is proposing a cut and cover construction technique for longer stretches of the alignment than was anticipated during the project planning phase; and

WHEREAS this approach is consistent with the City's requirement to have a tunnel for most of the route but will cause unexpected disruption to merchants and residents along the alignment between Queen Elizabeth Park and False Creek, and portions of Granville Street in the Downtown; and

WHEREAS organizations like Do RAV Right endorse the project in principle but are demanding concrete steps to minimize negative impacts; and

WHEREAS the access agreements negotiated between the City of Vancouver and RAVCO give the City the right to review and approve the Traffic Management Plan; and

WHEREAS the City is committed to working to ensure that disruption to residents, businesses and services in the city is minimized;

THEREFORE BE IT RESOLVED that Council affirm that the City will:

· require the RAV project to adhere to all applicable environment protection regulations and take whatever steps are feasible to minimize negative environmental impact along the alignment;

· work with the RAV project to establish traffic and truck management measures to minimize disruption along the alignment;

· work with RAV to take additional steps, including a business liaison program and pro-active parking measures to minimize the negative impacts on businesses and residents along the alignment; and

· establish a community liaison officer to ensure resident and business concerns are met before major construction begins in the affected areas.

Notice

Councillor Sullivan called Notice under Section 5.4(c) of the Procedure By-law. The Motion will be placed on the agenda of the Regular Council meeting to be held March 17, 2005 immediately following the Standing Committee on Planning and Environment meeting.

2. AirCare On-Road Program (File 3752)

The following Motion was submitted by Councillor Cadman. Councillor Sullivan called Notice under Section 5.4(c) of the Procedure By-law. The Motion will be placed on the agenda of the Regular Council meeting to be held March 17, 2005 immediately following the Standing Committee on Planning and Environment meeting.

WHEREAS:

1. Published reports indicate that many heavy-duty vehicles fail the Air Care On-Road Program (ACOR); and

2. The current version of the ACOR Program has no means of compelling compliance by way of issuing fines or linking compliance to vehicle registration and/or licence removal for heavy-duty vehicles that fail to meet appropriate emission testing; and

3. Heavy duty vehicle emissions are major contributor to urban smog and fine particle pollution in the Greater Vancouver and Fraser Valley Area; and

4. The Greater Vancouver Regional District has estimated that between 1985 and 2020, Air Care and other programs will save 2,800 lives, prevent 33,000 emergency hospital visits and will result in a $1.6 Billion benefit to the Provincial economy; and

5. In less than twenty years respiratory disease has increased four-fold across the country; and

6. Asthma is now the number one reason for hospital admissions among Canadian children; and

7. Air pollution is the greatest contributing factor in respiratory disease; and

8. The City of Vancouver has undertaken initiatives to reduce vehicle emissions by embarking upon an anti-idling initiative to reduce unnecessary vehicle idling; and

9. Moving the ACOR program for heavy-duty vehicles from a voluntary to a mandatory compliance phase requires legislative action from the Provincial Government;

THEREFORE BE IT RESOLVED THAT

1. the City of Vancouver urge the Provincial Government to act as quickly as possible to enact appropriate legislation to provide the AirCare On-Road Program (ACOR) with the ability to enforce compliance for heavy duty vehicles that fail to meet appropriate air emission standards with the Greater Vancouver area.

2. a copy of the resolution be forwarded to the Premier of British Columbia, Gordon Campbell; the Minister of Transportation, Kevin Falcon; the Minister of Water, Land and Air Protection, Bill Barisoff, and the ten members of the Legislative Assembly representing the City of Vancouver; and

3. copies of the Resolutions be forwarded to the TransLink Chair and Board of Directors, Greater Vancouver Regional District Chair and Board of Directors, and Mayor and Councillors of all Municipalities within the Greater Vancouver Transportation Authority.

Notice

3. Elimination of Nuclear Weapons (File 3506)

WHEREAS:

1. As long as nuclear weapons exist, cities around the world will be vulnerable to instantaneous devastation on a scale exceeding even that experienced by Hiroshima and Nagasaki in 1945; and

2. Nuclear war would devastate many cities, an accidental missile launch would devastate several cities, and use of a nuclear weapon by terrorists would devastate a city; and

3. Any nuclear attack would obliterate City Hall and all emergency response mechanisms rendering any city "planning" for such a disaster utterly futile; and

4. The world's foremost line of defence against nuclear dangers in the Nuclear Non-Proliferation Treaty (NPT) which is currently in its seventh review cycle, with all parties to the treaty scheduled to meet next May to ensure that the treaty is being fully implemented; and

5. All other weapons of mass destruction have been prohibited by international agreement and are being eliminated under international control, and the nuclear-weapon states party to the NPT have undertaken to pursue negotiations in good faith on nuclear disarmament; and

6. The International Court of Justice unanimously found in 1996 that all states were obliged to "bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control;" and

7. The World Conference of Mayors for Peace has launched an international campaign calling on the 2005 NPT Review Conference to launch negotiations on the elimination of nuclear weapons, to be concluded by 2010 and fully implemented by 2020, also known as the 2020 vision; and

8. Weapons of mass destruction have no place in a civilized world; and

THEREFORE, BE IT RESOLVED

1. THAT the City of Vancouver in the Province of British Columbia support a decision by the 2005 NPT R conference to commence negotiations on the prohibition and elimination of nuclear weapons and nuclear-weapon-related materials; and circulate this resolution, asking for support and endorsation to the UBCM and FCM member municipalities.

Notice

4. Ballistic Missiles (File 3120)

WHEREAS:

1. Attempts to militarize space will inevitably lead to another international arms race; and

2. The resources involved placing weapons in space could better be used to eliminate world poverty, protect the natural world, and to provide for basic human needs such as housing, urban infrastructure, clean environment, among others; and

3. The majority of Canadians, including the people of Vancouver, are opposed to a new arms race, the waste of resources, and the social, political, and economic distortions that would inevitably result from these actions; and

4. The Canadian Government was under intense pressure from both domestic corporate lobbies and from the United States; and

5. The Canadian Government listened to the democratic will of its citizens and refused to sign on to the so-called "Ballistic Missile Defence" program as well as stating its opposition to any militarization of space.

THEREFORE, BE IT RESOLVED

1. The City of Vancouver in the Province of British Columbia congratulate Prime Minister Paul Martin and the Government of Canada on the wise and courageous decision to proceed no further to increase cooperation with the Bush Administration's so-called "Ballistic Missile Defence" program and

2. The City of Vancouver in the Province of British Columbia urge the Government of Canada to do all within its power to work for arms reduction, the redirection of resources to promote peace, fund human needs, and protect our environment.

Notice

5. Leave of Absence - Councillor Louis (File 1254)

MOVED by Councillor Bass
SECONDED by Councillor Cadman

THAT Councillor Louis be granted Leave of Absence for the evening of March 15, 2005.

CARRIED UNANIMOUSLY

6. Leave of Absence - Councillors Green and Louie (File 1254)

MOVED by Councillor Stevenson
SECONDED by Mayor Campbell

THAT Councillors Green and Louie be granted Leave of Absence due to Civic Business for the evening of March 15, 2005.

CARRIED UNANIMOUSLY

7. Leave of Absence - Councillor Bass (File 1254)

MOVED by Councillor Louis
SECONDED by Councillor Cadman

THAT Councillor Bass be granted Leave of Absence for the evening of March 17, 2005.

CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Litter on City Streets (File 3751)

Councillor Louie referred to the receipt of a number of e-mails expressing concern with litter on the city's streets. He requested a report back from the City Manager on the reallocation of resources within the contract with the City's street furniture provider to introduce recycling containers.

The Council adjourned at 7:25 p.m.

* * * * *

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 Woodsworth
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Syd Baxter, City Clerk Tarja Tuominen, Meeting Coordinator

POINT TO POINT ON METER:

For the first 71 meters or fraction thereof	$2.44
For each additional 71 meters or fraction thereof	.10
For each 14 seconds of stopping or waiting time	.10

TIME OR DISTANCE:

For the first hour or fraction thereof or for each 71 meters, whichever is greater	$25.20 .10
For each succeeding quarter hour or fraction thereof Or for each 71 meters, which ever is greater	6.30 .10