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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
APRIL 14, 2005 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, April 14, 2005, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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ABSENT: |
Councillor David Cadman (Leave of Absence - Civic Business) |
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
* Denotes absence for a portion of the meeting.
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of March 17, 2005, were adopted.
RECOMMENDATION
1. Family Court/Youth Justice Committee - Annual Report for the year 2004
(File 3118-1)
The Committee had before it an Other Report dated January 24, 2005, in which the Family Court/Youth Justice Committee reported on activities of the Committee for the period February 1, 2004 to February 1, 2005. The City Manager submitted the foregoing for information. Meeting Coordinator's Note: At the meeting, motions along with City Manager's comments were distributed.
Frank Tester, Chair, Family Court/Youth Justice Committee, reviewed the report, motions presented that were not in the original report, and responded to questions relating to detox beds (including needs assessment), demographics of potential users; citizens advisory committee, John Howard Society's volunteer youth court workers program, and level of coordination among City youth, youth workers and City staff.\
Councillor Woodsworth, as Council Liaison to the Committee, introduced the motions.
The City Manager and the Meeting Coordinator clarified the process to access available funding for advisory bodies through City Clerk's Department.
MOVED by Councillor Woodsworth
THAT the Committee recommend to Council
A. THAT the Other Report Annual Report for the Year 2004, dated January 24, 2005, from the Family Court/Youth Justice Committee, be received for information.
B. THAT Council call upon the Attorney General to re-establish the volunteer youth court workers program run by the John Howard Society, by the Ministry of Children and Family Development, and to restore funding to this program that has considerable potential to contribute to the smooth and effective operation of youth court in the City of Vancouver.
C. THAT Council direct the Office of the City Clerk to ensure that, in seeking citizen volunteers for the FC/YJ Committee, the City come up with a strategy:
1. for ensuring the call for Committee members is directed at youth 15 to 24 years of age; and
2. that City Council, in appointing members to the Committee, where possible appoint a minimum of 4 youth.
D. THAT Council work with the Province of British Columbia to immediately assess and address the needs resulting from the lack of programs and options available to the courts for dealing with the problems that bring youth into the justice system; and
FURTHER THAT Council work with the Province of British Columbia to ensure that an immediate priority be given to the lack of an adequate number of detox beds for dealing with youth with drug addiction problems in the City.
E. THAT the Family Court/Youth Justice Committee come forth with specific requests for funding when specific needs are identified.
F. THAT this Motion, with the exception of E, be forwarded to the Union of British Columbia Municipalities.
carried unanimously
AMENDMENT MOVED by Councillor Bass
THAT Recommendation E of the proposed motion be amended to read: "that the Family Court/Youth Justice Committee be allocated a budget of $1,000.00 per year in order to assist it in fulfilling its mandate."
LOST
(Councillors Green, Ladner, Louie, Louis, Roberts, Stevenson, Sullivan , Woodsworth and Mayor Campbell opposed)
The amendment having lost, Councillor Woodsworth's motion was put and CARRIED UNANIMOUSLY with Councillor Green not present for B; Councillor Stevenson not present for A, B, C and D; and Mayor Campbell not present for A, B, and C.
2. Community Amenity Bonus 1188 West Pender (File 4102)
The Committee had before it an Administrative Report dated March 23, 2005, in which the Director of Social Planning in consultation with Directors of Real Estate Services and Facilities Design & Management, sought Council approval for a density bonus in consideration of a child care facility within a mixed-use development at 1188 West Pender Street. The General Manager of Community Services recommended approval.
Vickie Morris, Social Planner, reviewed the report and responded to questions relating to the Child Care Endowment Fund. Council requested a memo back from staff relating to status of the Child Care Endowment Fund. (Meeting Coordinator's note: Subsequent to the meeting, Staff advised a report is in process.)
MOVED by Councillor Green
THAT the Committee recommend to Council
THAT Council approve, in principle, the applicant's request for a Child Care Amenity Bonus at 1188 West Pender Street (DE 408949), as outlined in Administrative Report Community Amenity Bonus 1188 West Pender, dated March 23, 2005, subject to the Owner entering into a Section 219 Covenant and an Option to Lease (with form of lease attached to Option to Lease) providing for:
1) the design, construction, fit, finish, and equipping by the Owner, at its cost, of a licensed group child care facility of approximately 12,000 sq. ft. of indoor and outdoor program space for 37 children to be constructed pursuant to DE408949, as per the City of Vancouver Childcare Design Guidelines and acceptable to the Directors of Social Planning and Facility Design and Management, and Community Care Facilities Licensing, and;
2) a $1.1 million contribution to the City Childcare Endowment Fund to assist in the provision of affordable, accessible child care as established by Council Policy; and
3) leasing of the amenity space to the City for nominal rent for the life of the Development, on the terms and conditions contained in Administrative Report Community Amenity Bonus 1188 West Pender, dated March 23, 2005..
The Section 219 Covenant, Option to Lease, and Childcare Endowment Fund contribution shall be on the terms and conditions outlined in Administrative Report Community Amenity Bonus 1188 West Pender, dated March 23, 2005.
CARRIED UNANIMOUSLY
(Councillor Louie not present for the vote)
3. Regulating Payday Lending Businesses (File 2501)
At the regular Council meeting on April 12, 2005, Councillor Green submitted a motion on the above-noted matter. Councillor Sullivan called Notice under section 5.4(c) of the Procedure By-law. Subsequent to the meeting, a request to speak was received and accordingly the item is on this agenda in order to hear speakers Councillor Green introduced the motion.
John Young, Executive Director, Association of Community Organizations for Reform Now Canada (ACORN), spoke in support of the motion (material submitted - on file). His comments included:
· reviewed interest rates relating to criminal code and authority of various jurisdictions;
· reviewed efforts to regulate this industry Canada-wide; and
· encouraged Council to consider a moratorium, prohibition or limitations on new licensing once the report is received.
MOVED by Councillor Green
THAT the Committee recommend to Council
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.
CARRIED UNANIMOUSLY
The Committee adjourned at 3:20 p.m.
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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
APRIL 14, 2005 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, April 14, 2005, at 3:22 p.m., in the Council Chamber, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations and actions of the Committee.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor David Cadman (Leave of Absence - Civic Business) |
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Syd Baxter, City Clerk
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* Denotes absence for a portion of the meeting.
COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Green
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
UNFINISHED BUSINESS
1. Vancouver International Airport Resolution
Vancouver City Council, on March 31, 2005, postponed consideration of a Memorandum dated March 1, 2005, from the Lower Mainland Municipal Association to a Standing Committee meeting on April 14, 2005, and requested that a representative from the Vancouver Airport Authority be present to respond to questions. However, a representative was not able to attend on this date.
Accordingly, the attached Memorandum dated April 13, 2005, refers.
MOVED by Councillor Woodsworth
THAT Council directs staff to forward a letter to the Lower Mainland Municipal Association in support of the following resolutions put forward by the City of Richmond, copy to the City of Richmond and others as noted in the resolutions:
OPEN SKIES AND FIFTH FREEDOM RIGHTS
WHEREAS the Vancouver International Airport is an economic generator and facilitates job creation province wide with the most recent economic impact study showing that the airport is responsible for a total economic output of $5.183 billion and 54, 182 person years of employment;
AND WHEREAS the Vancouver International Airport Authority has paid over $660 million in rent to the federal government for a facility which had a historical cost of $255 million;
AND WHEREAS the return from Vancouver International Airport Authority has paid over $660 million in return to the federal government for a facility which had a historical cost of $255 million;
AND WHEREAS the return from Vancouver International should be provincial and national economic growth, not rent;
THEREFORE BE IT RESOLVED that the City of Richmond call upon the federal government to adopt a new rent policy that is fair, equitable, transparent and sustainable and includes: a 50% reduction of total rent throughout the airport system; the elimination of rent entirely for all but the eight largest airports, and tying future increases directly and proportionately to changes in passenger and freight traffic;
AND BE IT FURTHER RESOLVED that this resolution be conveyed to Prime Minister Paul Martin, the Honourable Jean-C. Lapierre, Minister of Transport, the Honourable Raymond Chan, MP, and the Honourable John Cummins, MP, the Federal Standing Committee on Transport, Premier Gordon Campbell, Minister of Transport, Kevin Falcon, the Honourable Geoff Plant, MLA, Linda Reid, MLA and Greg Halsey-Brandt, MLA, UBCM, the LMMA, the Federation of Canadian Municipalities, requesting their support, and the provincial and federal governments.
FEDERAL AVIATION POLICIES AND BC'S COMPETITIVENESS
WHEREAS the Vancouver International Airport is an economic generator and facilitates job creation province wide with the most recent economic impact study showing that the airport is responsible for a total economic output of $5.183 billion and 54,182 person years of employment;
AND WHEREAS the connectivity provided by the airport is essential both to keeping British Columbia companies competitive in a global economy and to attracting new economic development and high quality jobs to the Province;
AND WHEREAS only 40% of Canada's current bilateral air treaties with other nations allow access by foreign carriers to YVR;
AND WHEREAS this restrictive international Aviation Policy put the Vancouver International Airport at a competitive disadvantage with U.S. West Coast airports and prevents it from maximizing its potential as a Gateway between Asia and North
America:
NOW THEREFORE BE IT RESOLVED that the City of Richmond urge the federal government to:
(1) enter into immediate negotiations with the United States for a true Open Skies agreement including fifth freedom rights;
(2) pursue planned aviation negotiations with the Government of China to seek substantial liberalization and improved market access; and
(3) introduce Canada's own Open Skies aviation policy and pursue it on a global basis with its trading partners:
AND BE IT FURTHER RESOLVED that this resolution be conveyed to Prime Minister Paul Martin, the Honourable Jean-C. Lapierre, Minister of Transport, the Honourable Raymond Chan, MP, and the Honourable John Cummins, MP, the Federal Standing Committee on Transport, Premier Gordon Campbell, Minister of Transport, Kevin Falcon, the Honourable Geoff Plant, MLA, Linda Reid, MLA and Greg Halsey-Brandt, MLA, UBCM, the LMMA, the Federation of Canadian Municipalities, requesting their support, and the provincial and federal governments.
CARRIED
(Councillors Bass, Louie, Roberts and Woodsworth opposed)
(Councillor Green not present for the vote)
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
April 14, 2005
Council considered the report containing the recommendations and actions taken by the Standing Committee on Planning and Environment. Its items of business included:
1. Family Court/Youth Justice Committee - Annual Report for the year 2004
2. Community Amenity Bonus 1188 West Pender
3. Regulating Payday Lending Businesses
Items 1 - 3
MOVED by Councillor Roberts
THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of April 14, 2005, as contained in items 1 - 3, be approved.
CARRIED UNANIMOUSLY
(Councillor Green not present for the vote)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
(Councillor Green not present for the vote)
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Roberts
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
(Councillor Green not present for the vote)
MOTIONS
A. Administrative Motions
None
B. Motions on Notice
1. Partisan Political Activities (File 1300)
MOVER: Councillor Sullivan
SECONDER: Councillor Ladner
THEREFORE BE IT RESOLVED THAT
As per the provisions of the Vancouver Charter, an independent barrister be engaged to look into allegations that one of more staff have been engaged in partisan political activities on City time, using City resources;
THAT this independent person look into whether or not these allegations are true, clarify what the broader issues are and provide Council with a list of options for action without favour.
lost
AMENDMENT MOVED BY Mayor Campbell
SECONDED by Councillor Green
THAT anyone accused regarding conduct of duties will be represented by counsel of choice and that these services will be paid for by the City.
In response to questions, the City Clerk clarified what may go In Camera and policies currently in place for City staff.
POSTPONEMENT MOVED BY Councillor Woodsworth
THAT this item be postponed to a future Council meeting so that current policies relating to staff duties can be distributed and reviewed by Council.
lost (tie vote)
At 3:58 p.m. in the proceedings, the Mayor stepped down in order to participate in the debate and Deputy Mayor Ladner assumed the Chair. The Mayor resumed the Chair at 4:00 p.m.
In response to questions, the City Clerk clarified policies relating to use of city resources for political purposes vs City business.
At this point in the proceedings, Councillor Sullivan challenged the ruling of the Chair to rule him out of order for not speaking to the postponement, which was the matter on the floor.
The Chair then put the question:
Shall the ruling of the Chair be sustained?
The ruling of the Chair was OVERRULED for lack of 2/3 vote.
(Councillors Bass, Ladner, Louis, Roberts, Sullivan and Woodsworth opposed)
At this point in the proceedings, Councillor Louie rose on a Question of Privilege regarding statements made by Councillor Sullivan.
The postponement having LOST with Councillors Green, Louie, Stevenson, Sullivan and Mayor Campbell opposed, the Amendment was put.
The amendment was put and CARRIED with Councillor Sullivan opposed.
The amendment to the motion having lost, Councillor Sullivan's motion was put.
AMENDMENT MOVED by Councillor Sullivan
SECONDED by Councillor Ladner
THAT the independent barrister report back to Council in two parts:
a. to clarify policies and allegations;
b. to take the matter further only with an additional vote of Council.
Councillor Louie rose on a Point of Order stating that the amendment was a postponement which had already been defeated.
The City Clerk advised that the amendment was in order.
At 4:40 p.m. in the proceedings, the Mayor stepped down in order to participate in the debate and Deputy Mayor Ladner assumed the Chair. The Mayor resumed the Chair at 4:42 p.m.
The Chair ruled the amendment out of order and Councillor Sullivan challenged the ruling of the Chair.
The Chair then put the question:
Shall the ruling of the Chair be sustained?
The ruling of the Chair was OVERRULED for lack of 2/3 vote.
(Councillors Bass, Ladner, Louis, Roberts, Sullivan and Woodsworth opposed)
The amendment was put and LOST with Councillors Green, Louie, Louis, Roberts, Stevenson, and Mayor Campbell opposed.
The amendment having lost, Councillor Sullivan's motion was put and LOST with Councillors Green, Louie, Louis, Roberts, Stevenson, Woodsworth and Mayor Campbell opposed.
ENQUIRIES AND OTHER MATTERS
1. Advertisement for Labourers (File 1000/1300)
Councillor Green requested a memo back on the process relating to United We Can regarding the advertisement for labourers in the April 14-21, 2005 issue of the Georgia Straight.
2. Visitors to Council Meetings (File 1252)
In response to a question, the City Clerk advised there are no age restrictions pertaining to visitors to Council meetings and that he would advise Security.
The Council adjourned at 4:50 p.m.
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