CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
January 28, 1997
A regular meeting of the Council of the City of Vancouver was held
on Tuesday, January 28, 1997, commencing at approximately 2:00 p.m in
the Council Chamber, third floor, City Hall.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER S
OFFICE: Ken Dobell, City Manager
Judy Rogers, Deputy City Manager
CLERK TO THE
COUNCIL: Maria Kinsella
PRAYER
The proceedings in the Council Chamber were opened with a prayer
read by the City Clerk.
IN CAMERA MEETING
Council was advised there were property matters to be considered In
Camera later this day.
ITEMS ARISING FROM IN CAMERA
MEETING OF JANUARY 28, 1997
Council was advised the following items were considered at the In
Camera meeting on January 7, 1997:
Decision to appeal the ruling in the Club Keno case;
Decision on 950 Granville Street;
Appointments to the Vancouver Public Library Board.
ADOPTION OF MINUTES
1. Minutes of Regular Council Meeting
(City Services and Budgets)
January 9, 1997
MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
2. Minutes of Regular Council Meeting
(with exception of the In Camera portion)
January 7, 1997
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
3. Minutes of Regular Council Meeting
(Transportation & Traffic)
January 15, 1997
MOVED by Cllr. Price,
SECONDED by Cllr. Bellamy,
THAT the foregoing minutes be adopted following an amendment to
reflect that Councillor Puil was absent due to civic business.
- CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
VARY ORDER OF AGENDA
MOVED by Cllr. Bellamy
THAT the order of the agenda be varied to permit Report Reference-2
to be considered first.
- CARRIED UNANIMOUSLY
REPORT REFERENCE
2. Proposed Resolution to FCM on Sexual Exploitation of Youth;
Amendments to Section 212(4) and Section 183 of Criminal
Code of Canada and Bill C-27
Before Council was a resolution from the Mayor s Urban Safety
Commission. It was proposed that Council endorse this resolution and
forward it to the Federation of Canadian Municipalities for
consideration at its 1997 Conference. This resolution which was
prepared by City staff, in consultation with staff from the Attorney
General s Office, was endorsed by the Commission at its meeting of
January 24, 1997.
Mr. Art Phillips introduced the resolution on behalf of the Mayor s
Urban Safety Commission and advised there have only been two convictions
for juvenile prostitution in Vancouver over the past eight years. This
low rate stems from the fact that, within existing legislation, the
customer can argue that he was of the opinion the prostitute was over
eighteen years of age. Mr. Phillips recommended Council approve the
resolution which urges the Honorable Allan Rock to amend certain
sections of the Criminal Code of Canada and Bill C-27, as a significant
step in stopping the sexual exploitation of youth.
Inspector Ken Doern, Vancouver Police Department, apprised Council
of the involvement of two City police officers on a prostitution unit
which was organized in the past year by the Attorney-General. The
current thrust of the police officers on the unit is to deal with
juvenile prostitution.
Mr. Dan Moon, Crown Counsel assigned to the Provincial Prostitution
Unit, and Jacqueline Nelson, Senior Policy Analyst, Office of the
Attorney-General, responded to questions from members of Council.
MOVED by Cllr. Kennedy,
WHEREAS the sexual exploitation of Canada's youth is a serious
problem which must be addressed; and
WHEREAS Section 212(4) of the Criminal Code of Canada makes it an
offence to obtain or attempt to obtain the sexual services, for
consideration, of a person under the age of 18 years, which results in
the requirement that the young person testify against the customer,
rendering the section virtually unenforceable; and
WHEREAS it would be easier to obtain evidence against customers if
the Criminal Code were amended to allow the use of undercover operators
to pose as prostitutes under the age of 18 years; and
WHEREAS while Bill C-27 allows use of undercover operators, it
requires proof the customer believed the operator was less then 18 years
of age; and
WHEREAS significant barriers to the enforceability of the Criminal
Code would be overcome if Section 212(4) was amended to make mere
communication between the customer and the youth under the age of 18 an
offence, and if Section 183 was amended to allow the use of the
'wiretap' provisions of the Criminal Code to enable police to intercept
the conversation between the customer and the young person;
THEREFORE, BE IT RESOLVED THAT the FCM urge the Honourable Allan
Rock to amend Bill C-27 to read as follows:
Every person commits an offence, who, in any place,
a) obtains for consideration the sexual services of a person
under the age of 18 years;
b) in any manner communicates or attempts to communicate with any
person for the purpose of obtaining, for consideration, the
sexual services of a person under the age of 18 years;
c) in any manner communicates or attempts to communicate with any
person for the purposes of obtaining, for consideration, the
sexual services of person who holds himself or herself out to
be under 18 years of age.
Everyone who commits an offence contrary to subsection 4(a) is
guilty of an indictable offence and liable to imprisonment for five
years.
Everyone who commits an offence contrary to subsection 4(b) is
guilty of:
a) an indictable offence and liable to imprisonment for two
years; or
b) a summary conviction offence.
Everyone who commits an offence contrary to subsection 4(c) is
guilty of:
a) an indictable offence and liable to imprisonment for two
years; or
b) a summary conviction offence.
AND THAT the FCM urge The Honourable Allan Rock to amend Section
183 of the Criminal Code to include Section 212(4).
- CARRIED UNANIMOUSLY
During discussion of the foregoing resolution, Council agreed it
should be forwarded to the Honorable Allan Rock, Minister of Justice,
immediately as the timing of the consideration of Bill C27 is unknown.
In addition, staff were requested to report back with details on the
Private Members Bill prepared in the Alberta Legislature and the
potential implications of undertaking a similar initiative in Vancouver.
* * * * *
At this point in the proceedings, Councillor Kennedy left the meeting
due to illness.
* * * * *
1. 1997 Operating Budget: Report on the City Choices Public
Consultation Process
The following information was before Council:
Mayors Forum Final report, submitted by Kirk & Co. Consulting
Ltd.;
City Choices information flyer and letters, faxes, and e-mail
received in response to the flyer;
Results of public opinion survey conducted by Angus Reid
Group.
Mr. Ken Bayne, Comptroller of Budgets, provided a brief overview of
the issues facing City Council which include a 17.2 million dollar
reduction in Provincial funding and a total City of Vancouver budget
shortfall of $26 million in 1997.
Ms. Judy Kirk, Kirk & Co. Consulting Ltd. advised the Mayor s Forum
consultation was conducted to seek comment from community organizations
including social, cultural, business, and neighbourhood associations on
how they thought the City should manage the budget shortfall. The Mayor
and representatives of Council participated in 34 meetings and met with
approximately 800 people belonging to 160 community organizations. The
following community input was received:
When asked if the budget shortfall should be handled through tax
increases, program reductions or some combination, community
organizations advised the preference was for the City to:
increase revenues other than tax increases;
decrease the cost of government;
raise property taxes rather than cut services.
If Council chooses to reduce services and programs, community
organizations gave priority to community services and cultural
programs that support the most vulnerable in the City. Council
was asked to consider the following if any cuts are made:
protect the quality of life in Vancouver;
protect low income residents, women and children at risk, and
seniors on fixed incomes;
protect community services and cultural programs.
Ms. Liz Cookson, Financial Analyst, advised as part of the public
information and consultation process for "City Choices", staff prepared
an information flyer summarizing the budget problem and outlining
potential tax impacts and service level reductions. The flyer also
included a short questionnaire for respondents to indicate their
preferences around tax increases, service reductions and user fees. The
results of this questionnaire (on file in the City Clerk s Office), were
provided for Council s information. It was noted this was a
"self-select" questionnaire, so the results may not be as representative
of the views of the community as would be the case with a randomly
generated sample.
Mr. Daniel Savas, Angus Reid Group, provided the results of an
Angus Reid study conducted in December, 1996 and January 1997 (on file
in the City Clerk s Office). Mr. Savas advised the following main
conclusions can be drawn from the survey:
Preferred fiscal options among both residents and businesses
is for the City to use a mix of service cuts and property tax
increases to deal with $26 million budget shortfall;
Stronger leanings towards service cuts among residents and the
business community;
Resistance to tax increase is greater among business community
than among homeowners or residents;
For service cuts, residents and businesses prefer city to cut
in selected service areas rather than to use a proportionate
across the board approach;
Residents and businesses identify four top priority service
areas they feel should be the last to be cut in any service
cutting exercise. These include: policing, fire protection,
planning, and traffic management;
Residents and businesses identify four lower priority service
areas they feel should be the first to be cut in any service
cutting exercise. These include: support for arts/culture
organizations, parks and beaches, community centres, and
libraries;
Strong support for user fees among businesses and residents.
Stronger preference for user fees over service cuts and
property tax increases.
MOVED by Cllr. Puil,
THAT the foregoing be received for information.
- CARRIED UNANIMOUSLY
* * * * *
The Council recessed at 3:55 p.m., and following an "In Camera" meeting
in the Mayor s Office, reconvened in open session at 5:40 p.m.
* * * * *
CITY MANAGER S ADMINISTRATIVE REPORTS
1. Encroachment of a Pedestrian Bridge
over the Lane East of Seymour Street,
North of Robson Street - B.C. Telephone Company
January 2, 1997 File: 5807
MOVED by Cllr. Bellamy,
THAT Council authorize the continued encroachment of the pedestrian
bridge over the lane east of Seymour Street, north of Robson Street as
indicated on the plan attached as Appendix A of the Administrative
Report dated January 2, 1997, subject to the following conditions:
1. The rental to be $1,900 per annum, from February 1995 to
February 2000, and to be subject to review every five years in
accordance with the recommendation of the Manager of Real
Estate Services.
2. An agreement to the satisfaction of the Director of Legal
Services.
3. No legal right or obligation shall be created and none shall
arise hereafter, until the documents are executed.
- CARRIED UNANIMOUSLY
COUNCILLOR SULLIVAN WAS ABSENT FOR THE VOTE ON A1
2. FCM and UBCM Membership Fees: 1997-1998
January 14, 1997 File: 3252-1/3253-1
MOVED by Cllr. Bellamy,
THAT grants to the following organizations for the 1997-1998
membership fees be approved, the source of funds being the 1997
Operating Budget:
(a) Federation of Canadian Municipalities $45,297.02
(b) Union of British Columbia Municipalities $33,870.31
- CARRIED UNANIMOUSLY
AND BY THE
REQUIRED MAJORITY
COUNCILLOR SULLIVAN WAS ABSENT FOR THE VOTE ON A2
3. Sale of Residential Lot: 3516 Petersham Avenue
January 14, 1997 File: 5102
MOVED by Cllr. Puil,
THAT Council accept the Offer to Purchase City-owned Lot 8 NE 1/4
of District Lot 339, Plan LMP 27811 (PID 023-387-807) from Ching-Cheng
Lai in the amount of $270,001 under the terms and conditions contained
in the City's "Offer to Purchase" tender form.
- CARRIED UNANIMOUSLY
4. Municipal Access Agreement
with MetroNet Vancouver
January 20, 1997 File: 1203-1
MOVED by Cllr. Clarke,
A. THAT the General Manager of Engineering Services and Director
of Legal Services be authorized to conclude negotiations of,
and execute and deliver, a legal agreement with Metro
Vancouver Fiber Services Inc. (doing business as MetroNet)
incorporating the general terms and conditions outlined in
this report and such other terms and conditions satisfactory
to the General Manager of Engineering Services and the
Director of Legal Services.
B. THAT MetroNet be permitted to install and operate a fibre
optics network in the City of Vancouver once it has executed a
legal agreement with the City of Vancouver and performed any
preconditions to such installation and operation as are set
out in such legal agreement.
- CARRIED UNANIMOUSLY
5. Canada Infrastructure Works Program Extension
January 23, 1997 File: 5750-1
MOVED by Cllr. Bellamy,
A. THAT the Mayor write a letter to the Federal and Provincial
governments informing them that Council approved the following
resolution on renewal of the National Infrastructure Program:
WHEREAS municipal involvement in the tripartite
municipal/provincial/federal model is a determining
factor in the success of the program;
WHEREAS municipal governments are duly elected and have
their own source of revenues through property taxes;
WHEREAS municipal government participation ensures: a
financially viable third partner; a quick start to the
program; and a second phase that builds on past
experience;
WHEREAS the current program has created 100,000 jobs and
has generated over 12,000 infrastructure projects;
WHEREAS the program met its two main objectives: job
creation and infrastructure renewal;
WHEREAS the City of Vancouver has benefited from the
Canada Infrastructure Works Program, but needs additional
funding to address its backlog of infrastructure
projects; and,
WHEREAS the overwhelming majority of municipal
governments in Canada support renewal of the program;
BE IT RESOLVED that the City of Vancouver urge the Prime
Minister of Canada and the Premier of British Columbia to
launch Phase II of the infrastructure program and that
the program must include municipal governments as
full-partners; and,
BE IT FURTHER RESOLVED that the City of Vancouver forward
copies of this resolution to the Prime Minister, the
Minister of Finance and local MPs at the federal level;
the Premier, Finance Minister, Minister of Municipal
Affairs and local MLAs at the provincial level; and to
the FCM secretariat.
B. THAT in addition to the resolution noted in Recommendation A.
above, that the Mayor s letter to the Federal and Provincial
governments also reiterate the City s previous comments that
there be municipal representation on the Management Committee
reviewing projects submitted under the Infrastructure Works
Program, that the only priority be for projects that replace
existing, deteriorating municipal infrastructure, and that
soft infrastructure projects be eliminated.
C. THAT Council request the Union of B.C. Municipalities to
provide the municipal representation on the Infrastructure
Works Program management committee.
D. THAT the General Manager of Engineering Services report back
to Council in consultation with the Director of Finance on
details of the projects, and the source of the City s share of
funding for projects.
- CARRIED UNANIMOUSLY
CITY MANAGER S POLICY REPORTS
1. Development Approval - School Facilities
January 15, 1997 File: 2601-1
MOVED by Cllr. Clarke,
THAT the Director of Land Use and Development be instructed to make
application to amend Section 3.2.1 of the Zoning and Development By-law
to provide discretion to the Director of Planning in considering
development applications for the placement of portable classrooms or
development of new elementary or secondary school buildings, generally
as set out in Appendix A of the Policy Report dated January 15, 1997,
and that this application be referred to Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-law for consideration at Public Hearing.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to Authorize Council Entering
into a Heritage Revitalization Agreement
with the Owner of Heritage Property
(Authorization to Enter into a Housing
Agreement with Group Eight Investments Ltd.
Respecting 5592-5650 Oak Street)
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Clarke,
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. Sullivan,
SECONDED by Cllr. Clarke,
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
COUNCILLORS KENNEDY AND PUIL WERE EXCUSED FROM VOTING
ON BY-LAW 1
2. A By-law to Undertake the Improvement of
Alexander Street in the Gastown Area as a
Local Improvement Project and to Provide the
Procedure and Basis of Assessment Therefor
(Gastown [Alexander Street] 1997 Beautification)
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,
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. Bellamy,
SECONDED by Cllr. Clarke,
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
3. A By-law to Undertake the Improvement of
Certain Streets in the Gastown Area as a
Local Improvement Project and to Provide the
Procedure and Basis of Assessment Therefor
(Gastown [Powell/Columbia Streets]
1997 Beautification)
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,
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. Bellamy,
SECONDED by Cllr. Clarke,
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. Conveyance, Acceptance and Allocation
of Lands for Lane Purposes
(The West 2 feet of Lot 16, Block 13,
District Lot 352, Plan 1515) File: 5807
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
THAT WHEREAS the registered owner will be conveying to the City of
Vancouver for lane purposes land in the City of Vancouver, Province of
British Columbia, more particularly known and described as follows:
City of Vancouver
Parcel Identifier: 014-585-511
The West 2 feet of
Lot 16
Block 13
District Lot 352
Plan 1515
AND WHEREAS it is deemed expedient and in the public interest to
accept and allocate the said lands for lane purposes;
BE IT RESOLVED that the above described lands, upon conveyance, are
hereby accepted and allocated for lane purposes and declared to form and
to constitute a portion of a lane.
- CARRIED UNANIMOUSLY
B. Conveyance, Acceptance and Allocation
of Lands for Lane Purposes
(The West 2 feet of Lot 13, Block 13,
District Lot 352, Plan 1515) File: 5807
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
THAT WHEREAS the registered owner will be conveying to the City of
Vancouver for lane purposes land in the City of Vancouver, Province of
British Columbia, more particularly known and described as follows:
City of Vancouver
Parcel Identifier: 014-585-481
The West 2 feet of
Lot 13
Block 13
District Lot 352
Plan 1515
AND WHEREAS it is deemed expedient and in the public interest to
accept and allocate the said lands for lane purposes;
BE IT RESOLVED that the above described lands, upon conveyance, are
hereby accepted and allocated for lane purposes and declared to form and
to constitute a portion of a lane.
- CARRIED UNANIMOUSLY
C. Conveyance, Acceptance and Allocation
of Lands for Lane Purposes
(The West 2 feet of Lot 12, Block 13,
District Lot 352, Plan 1515) File: 5807
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
THAT WHEREAS the registered owner will be conveying to the City of
Vancouver for lane purposes land in the City of Vancouver, Province of
British Columbia, more particularly known and described as follows:
City of Vancouver
Parcel Identifier: 014-585-464
The West 2 feet of
Lot 12
Block 13
District Lot 352
Plan 1515
AND WHEREAS it is deemed expedient and in the public interest to
accept and allocate the said lands for lane purposes;
BE IT RESOLVED that the above described lands, upon conveyance, are
hereby accepted and allocated for lane purposes and declared to form and
to constitute a portion of a lane.
- CARRIED UNANIMOUSLY
D. Conveyance, Acceptance and Allocation
of Lands for Road Purposes
(All that portion of Lot A [Explanatory Plan 4541],
except part in Explanatory Plan 5976, Block 1,
District Lot 710, Plan 1787, Group 1, NWD) File: 5807
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
THAT WHEREAS the registered owner will be conveying to the City of
Vancouver for road purposes lands in the City of Vancouver, Province of
British Columbia, more particularly known and described as follows:
All that portion of Lot A (Explanatory Plan 4541), except part
in Explanatory Plan 5976, Block 1, District Lot 710, Plan
1787, Group 1, New Westminster District, shown heavy outlined
on plan of survey completed on the 15th day of January, 1997,
attested to by A. Di Nozzi, B.C.L.S. and marginally numbered
LD 3372.
AND WHEREAS it is deemed expedient and in the public interest to
accept and allocate the said lands for road purposes.
BE IT RESOLVED that the above described lands to be conveyed are
upon conveyance hereby accepted and allocated for road purposes and
declared to form and to constitute a portion of a road.
- CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Garbage Collection Schedules
Councillor Chiavario informed the viewers of Rogers Cable T.V. that
the garbage pick-up schedules are available and have been distributed
through community newspapers.
2. Leave of Absence
MOVED by Cllr. Clarke,
SECONDED by Cllr. Bellamy,
THAT Councillor Chiavario be given leave of absence for the periods
May 26-31, 1997, and June 24-July 3, 1997.
- CARRIED UNANIMOUSLY
* * * * *
The Council adjourned at 5:50 p.m.
* * * * *