1 CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES CITY SERVICES AND BUDGETS November 28, 1996 A Regular Meeting of the Council of the City of Vancouver was held on Thursday, November 28, 1996, at 10:55 A.M., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on City Services and Budgets meeting, to consider the recommendations of the Committee. PRESENT: Mayor Owen Councillor Bellamy Councillor Chiavario Councillor Clarke Councillor Kennedy Councillor Price Councillor Puil Councillor Sullivan CITY MANAGER'S OFFICE: Judy Rogers, Deputy City Manager CLERK TO THE COUNCIL: Tarja Tuominen COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair. - CARRIED UNANIMOUSLY COMMITTEE REPORTS Report of the Standing Committee on City Services and Budgets November 28, 1996 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: cont d COMMITTEE REPORTS (CONT D) Report of the Standing Committee on City Services and Budgets November 28, 1996 (cont d) Cl. 1: Status of Proposed Charter Amendments Cl. 2: Establishment of a City of Vancouver and Ministry of Attorney General Community Safety Funding Program Cl. 3: Grant Request for a Temporary Winter Shelter Cl. 4: 1996 Community Public Art Grants Cl. 5: Staffing Required to Improve By-Law Enforcement for Licensed Establishments and for Problem Premises Cl. 6: 1997 Business License Fees and Liveaboard Fees Cl. 7: Freedom of Information & Protection of Privacy Act: Staffing Requirements Clauses 1, 5, 6 and 7 MOVED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clauses 1, 5, 7 and 7 of this report, be approved. - CARRIED UNANIMOUSLY Clauses 2, 3 and 4 MOVED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clauses 2, 3 and 4 of this report, be approved. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY MANAGER'S REPORTS 1. Administrative Report November 19, 1996 Proposed Closure of Portions of Carrall Street, File: 1150-3 Cordova Street and the Lane South of Cordova Street MOVED by Cllr. Bellamy, cont d MANAGER S REPORTS CONT D A. THAT Council authorize the Director of Legal Services to sign on behalf of the City Reference Plans attested to by B.J. Oke, B.C.L.S., representing a survey completed on October 30, 1996, marginally numbered S-9237 and representing a survey completed on November 13, 1996, marginally numbered S-9257 defining the horizontal limits of the encroachments onto Carrall Street, Cordova Street and the lane south of Cordova Street (see Appendix "A" & "B") by the building at 8 East Cordova, and apply to raise title to the portions of Carrall Street, Cordova Street and the lane South of Cordova Street defined on the said Reference Plans in the name of the City of Vancouver. B. THAT all those volumetric portions of Carrall Street, Cordova Street and the lane South of Cordova Street included within the heavy outlines and illustrated isometrically on plans prepared by B.J. Oke, B.C.L.S., dated October 30, 1996 and marginally numbered S-9238 and S-9239 and dated November 13, 1996 and marginally numbered S-9258 and S-9259, reduced copies of which are attached hereto as Appendix "C", "D", "E" & "F", be closed, stopped-up, and that an easement be granted to the owner of abutting Parcel "B", Block 8, District Lot 196, Plan LMP 24609, to contain portions of the existing building which encroaches onto Carrall Street, Cordova Street and the lane south of Cordova Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel "B", and to be to the satisfaction of the Director of Legal Services. C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B" are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-Law. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to amend By-law No. 6510, being the Sign By-law (Amendments to Regulate Billboards) MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the By-law be introduced and read a first time. - CARRIED UNANIMOUSLY The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment. There being no amendments, it was MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law. - CARRIED UNANIMOUSLY MOTIONS A. Closure of Portions of Carrall File: 5753-3 Street, Cordova Street and the Lane South of Cordova Street MOVED by Cllr. Puil, SECONDED by Cllr. Kennedy, THAT WHEREAS: 1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver; cont d MOTIONS CONT D 2. Portions of the building constructed on Parcel "B", Block 8, District Lot 196, Plan LMP 24609, encroach onto Carrall Street, Cordova Street and the lane South of Cordova Street; 3. The portions of Carrall Street, Cordova Street and the lane South of Cordova Street were dedicated by the deposit of Plan 184; 4. To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portions of streets and lane encroached upon; 5. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of streets and lane encroached upon. THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to: FIRSTLY That portion of Cordova Street, dedicated by the deposit of Plan 184, included within the heavy outline and that portion of the lane South of Cordova Street, dedicated by said Plan 184, included within the heavy outline and hatched, both on a Reference Plan, attested to by B.J. Oke, B.C.L.S., representing a survey completed on October 30, 1996, marginally numbered S-9237, a copy of which is attached hereto; and SECONDLY That portion of Carrall Street, dedicated by the deposit of Plan 184, included within the heavy outline and that portion of Cordova Street, dedicated by said Plan 184 included within the heavy outline and hatched, both on a Reference Plan, attested to by B.J. Oke, B.C.L.S., representing a survey completed November 13, 1996, marginally numbered S-9257, a copy of which is attached hereto; and BE IT FURTHER RESOLVED THAT all those volumetric portions Carrall Street, Cordova Street and the lane South of Cordova Street dedicated by the deposit of Plan 184, described as follows: cont d MOTIONS CONT D FIRSTLY That volumetric portion of Cordova Street, included within the heavy outline and illustrated isometrically on a plan certified by B.J. Oke, B.C.L.S., dated October 30, 1996 and marginally numbered S-9238, a copy of which is attached hereto; and SECONDLY That volumetric portion of the lane South of Cordova Street, included within the heavy outline and illustrated isometrically on a plan certified by B.J. Oke, B.C.L.S., dated October 30, 1996 and marginally numbered S-9239, a copy of which is attached hereto; and THIRDLY That volumetric portion of Carrall Street included within the heavy outline and illustrated isometrically on a plan certified by B.J. Oke, B.C.L.S., dated November 13, 1996 and marginally numbered S-9258, a copy of which is attached hereto; and FOURTHLY That volumetric portion of Cordova Street included within the heavy outline and illustrated isometrically on a plan certified by B.J. Oke, B.C.L.S., dated November 13, 1996 and marginally numbered S-9259, a copy of which is attached hereto; be closed, stopped-up and an easement be granted to the abutting owner of Parcel "B", Block 8, District Lot 196, Plan LMP 24609, to contain the portions of the existing building which encroach onto the said streets and lane. ENQUIRIES AND OTHER MATTERS 1. Provincial Revenue Sharing Cuts File: 1756-3 Councillor Bellamy distributed copies for information of a Union of British Columbia Municipalities Member Release advising the Provincial revenue sharing cuts are closer to 30%. The Council adjourned at 11:05 a.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON CITY SERVICES AND BUDGETS NOVEMBER 28, 1996 A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, November 28, 1996, at 9:30 a.m., in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Puil, Chair Mayor Owen Councillor Bellamy Councillor Chiavario Councillor Clarke Councillor Kennedy Councillor Price Councillor Sullivan ABSENT: Councillor Hemer (Leave of Absence) Councillor Ip Councillor Kwan CITY MANAGER'S OFFICE: Judy Rogers, Deputy City Manager CLERK: Tarja Tuominen Adoption of Minutes The Minutes of the Standing Committee on City Services & Budgets meeting of October 24 and November 7, 1996 were adopted. RECOMMENDATION 1. Status of Proposed Charter Amendments File: 114 The Committee had before it an Administrative Report dated October 28, 1996 (on file) in which the City Manager advises of the status of the City's outstanding requests for amendments to the Charter, and recommends such amendments be pursued at the staff level, and through continued communication between the Mayor and the Minister of Municipal Affairs and Housing. The Administrative Report had been scheduled for Council's meeting on November 5. As a delegation request was received, the report was referred to a future Standing Committee meeting. cont d Clause No. 1 cont d Merrilee Robson, Member, Citizens Advisory Group on Property Taxation (letter circulated), expressed concern some neighbourhoods would be facing a 30% increase in taxes with the introduction of flat charges for sewer, solid waste and blue box services. An another way to encourage conservation and charge fairly should be looked at, such as limiting households to two cans. Michael Walker, Member, Citizens Advisory Group on Property Taxation, also expressed concerns with the proposed establishment of the solid waste utility. If the City only changes the way it charges for garbage, sewage and recycling services, it will not reduce the amount of sewage or garbage. Staff should be requested to look for real conservation methods to reduce the flow of sewage from homes. Flat charges will not help conservation and will have an effect on lower value properties. In response to questions, Ken Stoke, General Manager of Corporate Services, advised the City is attempting to receive the power to be able to levy user fees for the consumption of services in the same way it can levy fees for the consumption of water. The Citizens Advisory Group on Property Taxation is looking at the issue of consumption of services and the effect of a flat rate on lower value homes. The entire issue will be brought back to Council. The earliest the City would be able to implement the collection of fees for garbage is January 1998, and for sewer, January 1999. The requested Charter changes do not bind Council to any method of collecting for utilities, it simply gives the legal ability to collect through a utility. Staff are looking at alternate methods. Mr. Stoke also advised the GVRD is conducting a study on universal metering of services. In response to a question on the impact on tenants of collecting through a utility, Mr. Walker reported the Citizens Group has asked staff to prepare a similar detailed look at tax impacts on multifamily dwellings as was prepared for the residential class. The following motion by Councillor Kennedy was put and carried. The Committee therefore RECOMMENDED A. THAT the City Manager and the Director of Legal Services be instructed to request and pursue passage of the Charter amendments attached to the Administrative Report dated October 28, 1996 as Appendices "A" and "B". cont d Clause No. 1 cont d B. THAT the Mayor be requested to continue communication with the Minister of Municipal Affairs and Housing, stressing the importance of the Charter amendments requested and outstanding at this time, and asking that the Minister support the advancement of these critical amendments to the Provincial Legislature for enactment during the Spring 1997 legislative session. - CARRIED UNANIMOUSLY 2. Establishment of a City of Vancouver File: 1756-3/ and Ministry of Attorney General 3701-6 Community Safety Funding Program The Committee had before it an Administrative Report dated October 25, 1996 (on file) in which the City Manager, Chief Constable, Director of Community Services-Social Planning, and General Manager of Corporate Services recommend approval of the establishment of a joint City of Vancouver and Ministry of Attorney General Community Safety Funding Program and an annual grant program budget of $150,000. The Administrative Report had been scheduled for Council's meeting on November 5. As a delegation request was received, the report was referred to a future Standing Committee meeting. Judy Rogers, Deputy City Manager, advised the Province has given a commitment to match the annual grant program budget of $150,000. In response to questions on securing core funding , Ms. Rogers confirmed the province is particularly interested in program funding for the Community Safety offices. Another viable option for the individual Community Safety Offices is to secure private core or program funding. The delegation was not present. The following motion by Councillor Chiavario was put and carried. The Committee therefore RECOMMENDED A. THAT Council approve establishment of the joint City of Vancouver and Ministry of Attorney General Community Safety Funding Program. cont d Clause No. 2 cont d B. THAT Council approve an annual grant program budget of $150,000 to the Community Safety Funding Program for a minimum of three years. A matching fund of $150,000 per year for the next three years has been confirmed by the Ministry of Attorney General. The $150,000 for the grant program to be provided in the 1997 Operating Budget, without offset. - CARRIED UNANIMOUSLY 3. Grant Request for a File: 2204/4659 Temporary Winter Shelter The Committee had before it an Administrative Report dated November 13, 1996 (on file) in which the Manager of the Housing Centre recommends approval of a grant of up to $50,000 for a temporary shelter to be operated by Lookout Emergency Services Society at 8982 Hudson Street, between December 1, 1996 and May 31, 1997. The grant is to be subject to a matching grant, and free rent, from the Province and approval of the necessary permits. Karen O Shannacery, Executive Director, Lookout Emergency Aid Society, advised the Society is seeing a new homeless person, i.e. young teenagers. The Society will be participating with other Downtown organizations in conducting a homeless count in February. Sam Campbell spoke in support of the recommendation. The following motion by the Mayor was put and carried. The Committee therefore RECOMMENDED THAT Council approve a grant equal to 20% of the final budget to a maximum of $50,000 for a temporary shelter to be operated by Lookout Emergency Services Society at 8982 Hudson St. between Dec. 1, 1996 and May 31, 1997, subject to a matching grant from the Province (plus free rent), and subject to approval of the necessary permits, with funding to be provided from the Demolition Fee Reserve. - CARRIED UNANIMOUSLY 4. 1996 Community Public Art Grants 2154-2 The Committee had before it an Administrative Report dated November 13, 1996 (on file) in which the Director, Office of Cultural Affairs outlines 24 applications received for 1996 Community Public Art grants, describes the evaluation process, and recommends grants to 13 community projects. Bryan Newson, Public Art Program Manager, and Lorenz von Ferson, Cultural Planner, briefly reviewed the report and recommendations and responded to questions. The following motion by Councillor Chiavario was put and carried. The Committee therefore RECOMMENDED A. THAT Council approve grants totalling $ 83,000 to 13 organizations listed in Table 1 of the Administrative Report dated November 13, 1996, source of funds to be $58,000 of City funds and $ 25,000 of Vancouver Foundation, in the Public Art Unallocated Capital Account. B. THAT funds be released on the authority of the Director, Office of Cultural Affairs after Park Board approval of projects intended for Park sites, and after civic staff have resolved any outstanding technical or administrative concerns. - CARRIED UNANIMOUSLY 5. Staffing Required to Improve By-Law File: 306-12 Enforcement for Licensed Establishments and for Problem Premises The Committee had before it a Policy Report dated November 19, 1996 (on file) in which the Directors of Permits and Licenses and Central Area Planning, in consultation with the Directors of Social Planning, Finance, Legal Services and the Chief Constable recommend the creation of five new positions in the Law and Permits and Licenses Departments to coordinate enforcement for problem premises. The Directors recommend the funding of the positions come from a Business License fee increase. cont d Clause No. 5 cont d Paul Teichroeb, Assistant Director of Licensing, Permits & Licences Department, presented an overview of the report. Currently, there are no dedicated staff to be proactive in following up on problem premises. The requested overtime budget of $30,000 is required for follow-up after 9:00 p.m. Extensive record keeping would be required to monitor premises to set sliding fee rates for problem premises. Once the new business licensing technology is up and running in March, staff will have the ability to report back on action taken with premises. In response to a question, Judy Rogers, Deputy City Manager, reported the City is moving well using cross-departmental resources to deal with problem premises. During discussion, the Committee noted the importance of having a link with the Law Department and the Neighbourhood Integrated Service Teams. Members also suggested license fees for pubs and bars should be higher than those currently proposed. The following motion by Councillor Kennedy was put and carried. The Committee therefore RECOMMENDED A. THAT Council approve a License Coordinator and two clerical support positions in the Permits and Licenses Department, and a Lawyer and one half clerical support position in the Law Department, as regular full-time positions as set out in Appendix A of the Policy report dated November 19, 1996, at a 1996 cost of approximately $309,800; FURTHER THAT the staff positions outlined in Appendix A be approved subject to job evaluations by the Director of Human Resource Services; AND FURTHER THAT an annual overtime budget of $30,000 be allocated to the Permits and Licenses Department for evening and weekend inspections by the Property Use Inspectors. B. THAT the ongoing costs for this program expansion be recovered through Business License fees as proposed in the accompanying report on 1997 Business Licenses. - CARRIED UNANIMOUSLY (Councillor Bellamy not present for the vote) 6. 1997 Business License File: 1755-3 Fees and Liveaboard Fees The Committee had before it an Administrative Report dated November 12, 1996 (on file) in which the Directors of Finance and Permits and Licenses seek approval for an inflationary increase in business licenses and a zero percent increase in liveaboard fees for 1997. In addition, the Directors provide options for funding five new positions for liquor license and problem premise coordination at an annual cost of $339,800. During discussion, the Committee noted the Provincial government is cutting grants to municipalities, but the cost of providing municipal services keeps increasing. In response to questions, Hugh Creighton, Director of Finance, advised an additional 5% would probably recover the administrative costs of handling business licenses. Francie Connell, Director of Legal Services, confirmed the Vancouver Charter allows fees to be set to recover costs. The following motion by Councillor Chiavario was put and carried. The Committee therefore RECOMMENDED A. THAT business license fees be increased for 1997 as outlined in the Administrative Report dated November 12, 1996 and detailed in Appendix A of the report, representing a general inflationary increase of 1.0%, except for those fees for non-profit activity as listed in Appendix B. B. THAT the fees for liveaboard boat owners not be increased in 1997. C. THAT the Director of Legal Services be instructed to prepare the necessary By-law to implement the revised fee schedule for January 1, 1997. - CARRIED UNANIMOUSLY The following motion by Councillor Kennedy was put and carried. The Committee therefore cont d Clause No. 6 cont d RECOMMENDED D. THAT business license fees recommended above be increased an additional 4.0%, plus an 18.0% increase to business license fees for liquor-related establishments as listed in Appendix C, to offset the cost of five new positions for liquor license and problem premise coordination. - CARRIED UNANIMOUSLY 7. Freedom of Information & Protection of File: 1150-3 Privacy Act: Staffing Requirements The Committee had before it an Administrative Report dated November 18, 1996 (on file) in which the City Clerk provides an update on the City's experience under the Freedom of Information and Protection of Privacy Act and recommends a new full-time position of Coordinator of Information and Privacy be established. The Administrative Report was scheduled for Council's meeting on November 26. As a delegation request was received, the report was referred to the City Services & Budgets Standing Committee meeting. Jeanette Black, representing C.U.P.E. Local 15 (brief filed), opposed the recommendation that the position of Coordinator of Information and Privacy be an excluded one. In 1996, only 5 out of 103 Freedom of Information (FOI) requests were from unions. The report states the Coordinator would be responsible for policy development; the Records Manager for the City of Vancouver and Planners also develop policy and are unionized staff. In addition, Council dictates policy. The previous incumbents were in the Bargaining Unit. Excluded staff cost more for the City. Exclusion is generally based on being responsible for hiring and firing. Should the position be approved as excluded, the Union will have no recourse but to appeal to the Labour Relations Board. Maria Kinsella, City Clerk, stated there are many support staff positions in the City which are excluded and do not cost the City more in wages. The position will be established at the same pay-grade level whether it is an excluded position or not. The FOI Coordinator will be asked to examine files of fellow City employees and may be dealing with information which may put the Coordinator in a conflict of interest position. cont d Clause No. 7 cont d The following motion by Councillor Chiavario was put and carried. The Committee therefore RECOMMENDED A. THAT the temporary position of Coordinator of Information and Privacy not be extended beyond December 31, 1996. In its place, a regular full-time exempt position be established to deal with the Freedom of Information and Protection of Privacy Act, subject to job evaluation by the Director of Human Resources. B. THAT the costs associated with this position be funded from within the existing City Clerk s Department Operating Budget, without offsets. - CARRIED UNANIMOUSLY The meeting adjourned at 10:55 a.m. * * * * *