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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES APRIL 12, 2005 |
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, April 12, 2005, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor David Cadman (Leave of Absence) |
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 Alys Howe
Council welcomed Alys Howe who performed "The Broom of the Cowdenknowes".
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF MARCH 29, 2005
Council made appointments to the following civic agencies:
· Development Permit Board Advisory Panel
· Gastown Historic Area Planning Committee
· Chinatown Historic Area Planning Committee
· Family Court-Youth Justice Committee
· Advisory Committee on Disability Issues.
Names of those appointed can be obtained from the City Clerk's Office.
ADOPTION OF MINUTES
1. Regular Council (City Services and Budgets) - March 17, 2005
MOVED by Mayor Campbell
SECONDED by Councillor Louis
THAT the foregoing Minutes be approved, with the following amendment to Part Z of the motion on Page 37 of the Report to Council of the Standing Committee of Council on City Services and Budgets:
THAT the words "on a one-time basis" be deleted after the words: "THAT an additional $150,000 be allocated to the childcare grants".
CARRIED UNANIMOUSLY
2. Regular Council (Planning and Environment) - March 17, 2005
MOVED by Councillor Roberts
SECONDED by Councillor Woodsworth
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Regular Council - March 29, 2005
MOVED by Councillor Bass
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
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 Ladner
THAT Council adopt Administrative Reports A2 to A5, and Policy Reports P1 and P2 on consent.
CARRIED UNANIMOUSLY
Vary the Agenda
Council agreed to vary the agenda by considering Administrative Report A6 Community Energy System Feasibility Study and Business Case dated March 22, 2005 as Report Reference 2.
REPORT REFERENCE
1. Child and Youth Advocate's Work Plan
March 21, 2005 (File 4102)
Sheila Davidson, Child and Youth Advocate, presented a Report Reference on the Child and Youth Advocate's Work Plan. Ms. Davidson sought endorsement of the work plan of the Child and Youth Advocate and approval of an increase in the 2005 budget. She outlined the Advocate's accomplishments since May 2004, and her plan regarding community engagement, development and advocacy over the next three years.
Ms. Davidson introduced Caitlin Padgett, Youth Advocate Mentor, and the following representatives of the Citizens Advisory Committee:
· Crystal Janes
· Kelly L'Hirondelle
· Mary Clare Zak.
MOVED by Councillor Woodsworth
A. THAT Council endorse the work plan of the Child and Youth Advocate.
B. THAT Council approve an increase in the 2005 budget of $80,000, source of funding to be from the General Program Account.
CARRIED
(Councillors Ladner and Sullivan opposed)
2. Community Energy System Feasibility Study and Business Case
March 22, 2005 (File 3501)
Tom Osdoba, Manager, Sustainability Issues, Dale Mikkelsen, Green Building Planner, and Trent Berry, Compass Resource Management Ltd., presented an update on a preliminary feasibility study for an environmentally responsible community energy system, recently completed for the City by Compass Resource Management.
Mr. Osdoba also sought approval to undertake the development of a detailed technical study and implementation strategy with a business case. The more detailed study is essential for the City in order to consider the options available for pursuing sustainability and climate change goals.
MOVED by Councillor Louie
A. THAT Council receive the report on a preliminary feasibility study, entitled "Towards an Energy Utility for the False Creek Precinct: Feasibility and Options."
B. THAT Council direct staff to undertake a comprehensive study to define technology options, capital costs, operational parameters, partnership strategies, and a business case for the development and operation of a community energy system to meet City sustainability and greenhouse gas (GHG) reduction goals.
C. THAT Council direct staff to issue a Request for Proposals (RFP), and given the timing constraints for the comprehensive study, authorise the City Manager to approve the selection of the consultant(s). The RFP will be developed to ensure that the study addresses two distinct elements of a community energy system: (a) the technical and capital cost element, and (b) the business model, including risk assessment and business case. These elements may entail two distinct phases, or two consultancies, depending upon the final RFP structure and the City's review of consultant responses.
D. THAT Council direct staff to seek support for this study from senior levels of government and other partners (those without potential interests in the possible future development/operations/funding of a community energy system). Staff estimate the study cost at $250,000, with $50,000 allocated by Council as part of the Sustainability Group's 2005 Operating Budget and the remainder to be established through senior government support and partners. In order to expedite the process, short-term funding backup may be provided by Sustainability Group, from its existing 2005 Operating Budget approved by Council.
E. THAT Council direct staff to report back as necessary during the comprehensive study process, with a full report back upon completion of the study.
CARRIED UNANIMOUSLY
ADMINISTRATIVE REPORTS
1. Award of Contract for ITT PS0501 - Supply and Delivery of Parking Meters
March 3, 2005 (File 1805)
MOVED by Councillor Green
A. THAT, subject to the conditions set out in B and C, Council authorize a contract with Trafco (Canada) for the supply and delivery of parking meters and related accessories at an estimated cost of $376,000 plus applicable taxes subject to a contract satisfactory to the Director of Legal Services, the General Manager, Engineering Services and the Manager of Materials Management.
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, no legal rights or obligations will be created by Council's adoption of A and B above unless and until such legal documents are executed and delivered by the Director of Legal Services.
CARRIED UNANIMOUSLY
2. Housekeeping Amendments to vehicles for Hire By-law No. 6066
March 22, 2005 (File 2801)
A. THAT Council approve the amendments to the Vehicles for Hire By-law discussed in the Administrative Report Housekeeping Amendments to Vehicles for Hire By-law No. 6066 dated March 22, 2005.
B. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendments to the Vehicles for Hire By-Law generally as set out in the draft by-law attached as Appendix A to the Administrative Report.
ADOPTED ON CONSENT
3. Millennium Sports Centre Project -Grant for Phase 2
March 24, 2005 (File 1611)
A. THAT Council receive the $400,000 from the Province of BC's Community Development Initiative for Phase 2 of the Millennium Sports Centre Project.
B. THAT Council approve an additional Capital Grant of $450,000 to the Millennium Sports Facility Society for this project; source of funding to be:
· the $400,000 from the Province of BC Community Development Initiative, and
· the Park Board Capital Budget for General Facility Development.
ADOPTED ON CONSENT AND
BY THE REQUIRED MAJORITY
4. GVRD Mosquito Control Administrative and Coordination Service
March 29, 2005 (File 4101)
THAT the City of Vancouver supports the establishment of a Mosquito Control Administration and Coordination Service within the GVRD.
ADOPTED ON CONSENT
5. Central Valley Greenway Development - Consultant Services
March 1, 2005 (File 5767)
The Chair advised several requests to speak on A5 have been received. Council agreed to refer consideration of the report to the Standing Committee on City Services and Budgets meeting of April 14, 2005 to hear speakers.
6. Community Energy System Feasibility Study and Business Case
March 22, 2005 (File 3501)
Note from Clerk: See Report Reference Item 2 above.
POLICY REPORTS
1. CD-1 Text Amendment - 5750 Oak Street - Lubavitch Centre
March 23, 2005 (File 5306)
THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 8055 for 5750 Oak Street (Lot B of Lot A, Block 1008, DL 526, Plan LMP 42868) to increase the floor area permitted for institutional use, generally as outlined in Appendix A of the Policy Report CD-1 Text Amendment - 5750 Oak Street - Lubavitch Centre dated March 23, 2005, and that the application be referred to a Public Hearing;
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. Text Amendment: Section 3 - Enhanced Accessibility to One-Family Dwelling, One-Family Dwelling with a Secondary Suite and Two-Family Dwelling
March 10, 2005 (File 5302)
A. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law to:
(i) add a relaxation provision in Section 3 to enable the Director of Planning to consider development applications involving new or alterations to existing one-family dwellings, one-family dwellings with a secondary suite and two-family dwellings to improve accessibility to and from these dwellings for persons with disabilities, generally as outlined in Appendix A of the Policy Report Family Dwelling with a Secondary Suite and Two-Family Dwelling dated March 10, 2005;
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;
AND FURTHER THAT the application be referred to a Public Hearing.
B. THAT, if A is approved following consideration at Public Hearing, the Enhanced Accessibility Guidelines, generally as presented in Appendix B of the Policy Report Family Dwelling with a Secondary Suite and Two-Family Dwelling dated March 10, 2005, be approved when the amending by-law is enacted.
ADOPTED ON CONSENT
3. CD-1 Text Amendment - 2820 Bentall Street (Canadian Tire)
March 29, 2005 (File 5303)
MOVED by Councillor Louie
A. THAT the application by Kasian Architecture, Interior Design and Planning to amend CD-1 By-law No.6654 for 2820 Bentall Street (Lot 2, Sect. 38, Town of Hastings Suburban Lands, Plan 16415, N.W.D.) to permit highway oriented retail development, be referred to a Public Hearing, together with:
(i) plans received April 6, 2004, July 28, 2004 and August 17, 2004;
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report CD-1 Text Amendment - 2820 Bentall Street (Canadian Tire) dated March 29, 2005; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix E 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 Public Hearing.
B. THAT the Director of Current Planning be instructed to make application for consequential amendments to:
(i) the Sign By-law to establish regulations for the CD-1 in accordance with Schedule "B" (M-2) generally as presented in Appendix B of the Policy Report CD-1 Text Amendment - 2820 Bentall Street (Canadian Tire) dated March 29, 2005;
(ii) CD-1 By-law No. 6654 for Still Creek to delete 2820 Bentall Street generally as presented in Appendix C of the Policy Report; and
(iii) Zoning and Development By-law No. 3575 to establish landscape setbacks for the site generally as presented in Appendix D of the Policy Report;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-laws generally as presented in Appendices B to D of the Policy Report;
AND FURTHER THAT the applications and by-laws be referred to the same Public Hearing as required for A above.
C. THAT, if Council approves the rezoning of 2820 Bentall Street, the Grandview Boundary Industrial Area Rezoning and Development Policies and Guidelines be amended to remove the sale of food (i.e. grocery store) as a possible retail use.
CARRIED UNANIMOUSLY
MOVED by Councillor Roberts
THAT the application be considered at the Public Hearing to be held June 14, 2005 with two other big box applications.
LOST
(Councillors Bass, Green, Ladner, Louie, Stevenson, Sullivan, Woodsworth and the Mayor opposed)
MOVED by Councillor Roberts
D. THAT staff provide a written commentary and presentation at the Public Hearing on the existing policy framework for consideration of the application.
CARRIED UNANIMOUSLY
4. CD-1 Rezoning - 26 SW Marine Drive (Canadian Tire)
March 31, 2005 (File 5306)
MOVED by Councillor Roberts
A. THAT the application by Kasian Architecture, Interior Design and Planning to rezone 26 SW Marine Drive (Lot A, Except Part in Reference Plan 6793, North Part of Block 11, District Lot 322, Plan 8878, N.W.D.) from I-2 Industrial District and RS-1 One-family Dwelling District to CD-1 Comprehensive Development District to permit highway oriented retail development, be referred to a Public Hearing, together with:
(i) plans received January 24, 2005;
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of the Policy Report CD-1 Rezoning - 26 SW Marine Drive (Canadian Tire) dated March 31, 2005; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix C of the Policy Report;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law, including a limit on clothing sales generally in accordance with Appendix A of the Policy Report for consideration at the Public Hearing, including a consequential amendment to the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (M-2).
B. THAT the Director of Current Planning be instructed to make application to amend Schedule C of the Zoning and Development By-law No. 3575 to establish a landscape setback for the site, generally in accordance with Appendix B of the Policy Report CD-1 Rezoning - 26 SW Marine Drive (Canadian Tire) dated March 31, 2005;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-law;
AND FURTHER THAT the application and by-law be referred to the same Public Hearing as required for A.
C. THAT Council add the building at 26 SW Marine Drive to the Vancouver Heritage Register in the "A" category.
D. THAT the Director of Legal Services be instructed to prepare a Heritage Designation By-law for consideration at the same Public Hearing, should the rezoning be approved, to:
(i) designate as municipally protected heritage property the front masonry façade of the historic Chrysler Building at 26 SW Marine Drive for the full width of the building and the corresponding masonry façade along Ontario Street for a length of approximately 11.4 m (37.4 ft.);
(ii) designate as municipally protected heritage property the open lawn in front of the historic facade for the full width along 26 SW Marine Drive and to a depth to the heritage facade.
E. THAT staff provide a written commentary and presentation at the Public Hearing on the existing policy framework for consideration of the application.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Bass
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Ladner
SECONDED by Councillor Stevenson
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 9 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to designate certain real property as protected heritage property (re 522 Beatty Street) (By-law No. 9018)
(Councillors Green, Louie and Louis excused from voting on By-law 1)
2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (re 522 Beatty Street) (By-law No. 9019)
(Councillors Green, Louie and Louis excused from voting on By-law 2)
3. A By-law to designate certain real property as protected heritage property (re 540 Beatty Street) (By-law No. 9020)
(Councillors Green, Louie and Louis excused from voting on By-law 3)
4. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (re 540 Beatty Street) (By-law No. 9021)
(Councillors Green, Louie and Louis excused from voting on By-law 4)
5. A By-law to designate certain real property as protected heritage property (re 1498 Laurier Avenue) (By-law No. 9022)
(Councillors Green, Louie and Louis excused from voting on By-law 5)
6. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (re 1498 Laurier Avenue) (By-law No. 9023)
(Councillors Green, Louie and Louis excused from voting on By-law 6)
7. A By-law to designate certain real property as protected heritage property (re 24 - 26 and 28 - 38 Water Street) (By-law No. 9024)
(Councillors Green, Louie and Louis excused from voting on By-law 7)
8. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (re 24 - 26 and 28 - 38 Water Street) (By-law No. 9025)
(Councillors Green, Louie and Louis excused from voting on By-law 8)
9. A By-law to amend Vehicles for Hire By-law No. 6066 regarding dual taxicabs and miscellaneous amendments (By-law No. 9026)
MOTIONS
A. Administrative Motions
None.
B. Motions on Notice
1. Product Stewardship Program for Electronic Wastes (File 3751)
MOVED by Councillor Ladner
SECONDED by Mayor Campbell
WHEREAS:
1. B.C. is a North American leader in product stewardship, requiring industry-led recycling of products such as paints, bottles, cans, tetra-packs and batteries; and
2. Reducing waste is a critical component of a sustainable city and part of the City of Vancouver and GVRD's sustainability policies; and
3. Electronic waste is the fastest-growing component of our municipal waste stream, with thousands of products in storage in homes around the city awaiting disposal; and
4. Electronic waste contains toxic materials and recyclable materials; and
5. The GVRD is encouraging product stewardship of electronic waste, where the manufacturers and consumers of products take responsibility for their entire life cycle under a "cradle to cradle" philosophy; and
6. The provinces of Ontario and Saskatchewan have already implemented product stewardship requirements for e-waste such as computers, cell phones, TVs and monitors.
THEREFORE BE IT RESOLVED THAT
The City of Vancouver request the B.C. government to implement a product stewardship program for electronic wastes as soon as possible.
CARRIED UNANIMOUSLY
Council requested the motion be sent to the Federation of Canadian Municipalities, Union of BC Municipalities, Lower Mainland Municipal Association, and the Greater Vancouver Regional District.
NEW BUSINESS
1. Regulating Payday Lending Businesses (File 2501)
The following motion was submitted by Councillor Green. Councillor Sullivan called Notice under Section 5.4(c) of the Procedure By-law. The Motion will be placed on the Regular Council meeting to be held April 14, 2005 immediately following the Standing Committee on Planning and Environment meeting.
WHEREAS there has been a proliferation of unregulated payday lending businesses in the City of Vancouver;
AND WHEREAS the Criminal Code of Canada defines the criminal rate as anything exceeding 60 percent in annual effective interest;
AND WHEREAS research shows that payday lenders typically charge between 300 and 900 percent interest;
AND WHEREAS a recent claim brought by a Vancouver citizen who was charged an interest rate of 1,242 percent by a payday lender has been forwarded to the Vancouver Police Department for investigation by Crown Counsel;
AND WHEREAS there are presently no federal or provincial regulations that govern payday lenders in much of the country, including in the Province of British Columbia;
AND WHEREAS Vancouver residents want and need access to small-sum, short-serviced loans at a fair price;
THEREFORE BE IT RESOLVED THAT staff report back to Council as soon as possible with policy options to manage payday lending businesses. Issues to be considered as part of the report back include, but are not limited to:
1) the number and location of existing payday lending businesses in the City of Vancouver;
2) recommendations for Council policy to guide future land use decisions regarding pay day lending businesses;
3) recommendations for Council policy to regulate payday lending businesses;
4) recommendations on steps the City can take to encourage existing lending institutions to provide low income people with better access to lending services.
BE IT FURTHER RESOLVED THAT the City of Vancouver urge the provincial and federal governments to develop and enforce regulations for this industry and that such regulations consider the regulatory framework put forward by the national nonprofit organization, Acorn Canada.
Notice
Note from Clerk: As a request to speak on the Motion had been received, consideration of the Motion was placed on the agenda of the Standing Committee on Planning and Environment meeting of April 14.
2. Leave of Absence - Councillor Sullivan (File 1254)
MOVED by Councillor Ladner
SECONDED by Councillor Woodsworth
THAT Councillor Sullivan be granted Leave of Absence for the evening of April 28, 2005.
CARRIED UNANIMOUSLY
3. Leave of Absence - Councillor Louie (File 1254)
MOVED by Councillor Stevenson
SECONDED by Councillor Green
THAT Councillor Louie be granted a Leave of Absence due to Civic Business for the Standing Committee on Planning and Environment meeting on April 14, 2005.
CARRIED UNANIMOUSLY
4. Leave of Absence - Councillor Green (File 1254)
MOVED by Councillor Stevenson
SECONDED by Councillor Louie
THAT Councillor Green be granted a Leave of Absence due to Civic Business for the Court of Revision on June 8, 2005.
CARRIED UNANIMOUSLY
5. Leave of Absence - Councillor Stevenson (File 1254)
MOVED by Councillor Louie
SECONDED by Mayor Campbell
THAT Councillor Stevenson be granted a Leave of Absence for the Standing Committee on Planning and Environment meeting on April 14, 2005.
CARRIED UNANIMOUSLY
6. Leave of Absence - Councillor Bass (File 1254)
MOVED by Councillor Louis
SECONDED by Councillor Woodsworth
THAT Councillor Bass be granted a Leave of Absence for June 16, 2005.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Request for Assistance to BC Housing Foundation (File 4656)
Councillor Green advised of difficulties the BC Housing Foundation is experiencing with current price increases. The Foundation supplies housing with no subsidies from any government. He requested staff to look into and see if there is some way for the City to assist the Foundation in providing this service.
2. Policies on Use of City Staff in Political Organizing (File 1300)
Councillor Sullivan noted the need for clarification of policies around City staff use of time, equipment and facilities in political organizing. He proposed that Council should consider appointing an independent person to clarify and give recommendations on appropriate policies.
The Council adjourned at 5:45 p.m.
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