DRAFT

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

MARCH 9, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, March 9, 1999, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:	Mayor Philip Owen 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
ABSENT:	Councillor Don Bellamy (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Ulli S. Watkiss

*Denotes presence during part of the meeting only.

PRAYER

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

LEAVE OF ABSENCE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Kennedy,

THAT Councillor Don Bellamy be granted Leave of Absence for all meetings taking place on March 9, 1999.

- CARRIED UNANIMOUSLY

"IN CAMERA" MEETING

Council was advised there were matters to be considered “In Camera” later this day.

ITEMS ARISING FROM “IN CAMERA” MEETING
OF FEBRUARY 23, 1999

… Citizen Advisory Committee on Shelter Design (Richmond Rapidbus)

Council appointed citizens to the Citizen Advisory Committee on Shelter Design to review the design of the Rapidbus shelters. Further information can be obtained from the City Clerk’s Office.

… Appointment to Board of Variance

Council reappointed Valerie Bradshaw to the Board of Variance.

ADOPTION OF MINUTES

1. Special Council Meeting

(Court of Revision)
February 16, 1999

MOVED by Cllr. Puil,
SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting

(Transportation & Traffic)
February 23, 1999

MOVED by Cllr. Price,
SECONDED by Cllr. Don Lee,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting

February 18, 1999

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Puil,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Special Council Meeting

(Public Hearing)
February 23, 1999

MOVED by Cllr. Chiavario,
SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Herbert,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Expansion of Gaming in B.C. File: 2633/ RTS 599

Council had for its consideration a Policy Report dated March 8, 1999 in which the Director of Community Services, Social Planning and the Director of Community Planning in consultation with the Director of Legal Services and the Chief of Police provided Council with a summary of the response from the City of Vancouver to the proposed new Provincial gaming legislation. Implications for the City were outlined in an appendix to the report entitled “City of Vancouver Response to the Provincial Report on Gaming Legislation and Regulation in British Columbia”. The report also provided a brief chronology of events since the Provincial “Report on Gaming Legislation and Regulation in British Columbia” was released on February 2, 1999.

Jeff Brooks, Director of Community Services, Social Planning, reviewed the content and recommendations contained in the Policy Report, noting that the City had not received any response to Council’s request for a one-month extension of the deadline for public response as set by the Province for March 15, 1999. Mr. Brooks advised that the City’s discussion paper was made available to the public, and public meetings were held on March 2 at the Hastings Community Centre and March 4 at the Dunbar Community Centre to allow citizens an opportunity for input in advance of Council’s response to the Province. A majority of speakers expressed opposition to the City losing its regulatory controls and to the introduction of slot machines into gaming facilities.

When responding to questions of Council, Mario Lee, Social Planner confirmed that the proposed Gaming Act, if legislated as currently written, will not limit the size or location of gambling facilities, nor what is included in them, and could allow slot machines to be located in places such as bars, pubs, gas stations or corner stores, where lottery products are currently sold. He also confirmed that City staff may not have any authority to respond to complaints related to these activities.

MOVED by Cllr. Clarke,

A. THAT Council receive for information the document “City of Vancouver Response to the Provincial Report on Gaming Legislation and Regulation in British Columbia” attached as Appendix A to the Policy Report dated March 8, 1999, and that the Mayor be authorized to send the document to the Minister in charge of Gaming, as the official response from the City of Vancouver.

B. THAT copies of the document “City of Vancouver Response to the Provincial Report on Gaming Legislation and Regulation in British Columbia” be sent to all member Municipalities in the UBCM, and to all Vancouver MP’s and MLA’s.

C. THAT Council recommends the withdrawal of the proposed Gaming Control Act and that if it is to be rewritten, the Gaming Control Act must ensure:

1) municipalities retain their historic powers to regulate gamblingfacilities within their boundaries;

2) that the Minister or the Provincial Government not be allowed to impose expansion of gambling facilities or gambling activities without the consent of the municipalities involved;

3) that a proper social impact analysis be conducted prior to expansion of gambling;

4) that a proper funding formula be established to fund problem gambling programs;

5) that there be ongoing assessment of economic impacts of proposed and existing gambling facilities;

6) that concerns of charities be addressed;

7) that sufficient resources be made available to police legal and illegal activities;

8) that the delegated discretionary powers for the Cabinet, the Minister Responsible for Gaming and the Lottery & Casino Corporation outlined in the draft Gaming Control Act and White Paper be withdrawn because they result in a closed process, there is no transparency for public review, no accountability for decisions rendered; and

9) that First Nations gaming be clarified.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Price,

That the Leader of the Official Opposition be asked whether his party would restore control of jurisdiction to municipalities and allow the restoration of the status quo prior to the changes proposed by the current government with respect to gambling legislation and regulation in British Columbia.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS

1. Green Streets Public Information Package File: 5767

February 22, 1999 RTS: 550

Peter Bremner, Greenways and Local Improvement Engineer circulated to Council advance copies of the colour brochure promoting the City’s Green Streets Program. The program is designed to encourage citizens to beautify their neighbourhoods by planting and maintaining landscaped traffic circles and corner bulges. It was noted that an award program is being considered and should be initiated later this year.

MOVED by Cllr. Price,

THAT the Administrative Report dated February 22, 1999 be received for information.

- CARRIED UNANIMOUSLY

(Councillors Clarke and Puil not present for the vote)

2. Award of Contract No. 9901 -

Supply and Installation of Distribution Watermain File: 1805
February 19, 1999 RTS: 488

MOVED by Cllr. Sullivan,

A. THAT Contract No. 9901 for the supply and installation of distribution watermain, be awarded to the low bidder meeting the contract requirements, J. Cote & Son Excavating Ltd., for a total tender price of $1,182,080.36 (GST included); with funding available from the distribution watermain replacement program (order group C07E1A).

B. THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to enter into a construction services contract with J. Cote & Son Excavating Ltd., for Contract No. 9901, for the supply and installation of distribution watermain.

C. THAT the bid bonds of the unsuccessful tenderers be returned upon execution of the construction services contract.

- CARRIED UNANIMOUSLY

(Councillors Clarke and Puil not present for the vote)

3. FCM and UBCM Membership Fees: 1999-2000 File: 3252/3253

February 18, 1999 RTS: 545

MOVED by Cllr. Kennedy,

THAT grants to the following organizations for the 1999-2000 membership fees be approved, the source of funds being the 1999 Operating Budget:

(a) Federation of Canadian Municipalities $49,444.77
(b) Union of British Columbia Municipalities $34,967.46.

- CARRIED UNANIMOUSLY
AND BY THE REQUIRED
MAJORITY

(Councillors Clarke and Puil not present for the vote)

4. Ridgeway Greenway - East Extension Route Selection File: 5767

February 23, 1999 RTS: 556

MOVED by Cllr. Herbert,

THAT Council approve the route of the east extension of the Ridgeway Greenway along Nanaimo Street from 38th Avenue to 45th Avenue and along 45th Avenue from Nanaimo Street to Boundary Road.

- CARRIED UNANIMOUSLY

(Councillor Clarke not present for the vote)

5. Local Improvements Flat Rates File: 5802

February 22, 1999 RTS: 534

MOVED by Cllr. Puil,

THAT the flat rates shown on the “List of Projects Completed in 1998", on file in the City Clerk’s Office, be approved.

- CARRIED UNANIMOUSLY

(Councillor Clarke not present for the vote)

6. Civic Theatres - Award of Contract for

QET/VPH Construction Package ‘99 File: 4251
February 23, 1999 RTS: 570

MOVED by Cllr. Puil,

A. THAT the budget allocation for Phase 2 of the Civic Theatres Upgrade Project be increased by $600,000 from $4,716,000 to $5,316,000, to provide additional upgrading and contingency funding as set out in this report; source of funding to be the Civic Theatres Capital Reserve, with interim financing from the Property Endowment Fund.

B. THAT Haebler Construction Limited be awarded the general Construction contract for the QET / Vancouver Playhouse Construction Package '99 in the amount of $ 2,476,700 plus GST; source of funding to be the Civic Theatres Upgrade Program Capital Budget.

- CARRIED UNANIMOUSLY

(Councillor Clarke not present for the vote)

7. Implementation of Confirmed Budget

Reductions - Community Services File: 1605
January 28, 1999 RTS: 511

MOVED by Cllr. Puil,

A. THAT the following positions be deleted from the Community Services establishment:

i) 0472 Director of Social Planning;
ii) 0481 Administrative Assistant, Social Planning; and
iii) 4112 Planner I, Design Review, Major Projects, Planning.

B. THAT a new position: Director of Community Services, Social Planning, be created.

C. THAT the savings in salaries and benefits resulting from the deletion of the above positions, and totalling $216,110 a year, be allocated as follows:

i) $123,113 to be applied against Community Service’s 1999 budget reduction target ($130,000) as established by Council on October 22, 1998; and
ii) $92,997 to fund the new position of Director of Community Services, Social Planning.

D. THAT the remainder of Community Services' budget reduction target be achieved by:

i) reducing the annual training budget for Landscape Architecture Technicians by $5,000; and
ii) reducing the Community Services annual advertising budget by $1,887.

E. THAT the General Manager of Community Services report back on the reassignment of staff among policy functions, ensuring that resources are aligned with current Council priorities.

- CARRIED

(Councillors Chiavario and Kennedy opposed)
(Councillor Clarke not present for the vote)

OTHER REPORTS

I. Report to Council

Vancouver Liquor Licensing Commission
February 25, 1999

Sonar Cabaret Ltd. (dba Club Sonar) - 66 Water Street
Increase in Seating Capacity - Class ‘C’ Cabaret File: 2614-13/RTS 414
(Clause 1)

MOVED by Cllr. Kennedy,

THAT consideration of the application by Sonar Cabaret Ltd., to increase seating capacity to 500 from 299, at the Sonar Cabaret, 66 Water Street, be deferred pending the report from staff on the proposed guidelines for special event liquor license increased seating applications.

- CARRIED UNANIMOUSLY

(Councillors Puil and Sullivan not present for the vote)

Licensed Premises - Expansion of Tolerance Period File: 2611/RTS: 148

MOVED by Cllr. Kennedy,

A. THAT Council advise the Liquor Control and Licensing Branch it supports atwo-phased approach to provide for extension of the closing tolerance period from 30 minutes to 60 minutes for all Class ‘C’ Cabaret liquor licenses located in the defined Phase One and Phase Two areas subject to conditions and an implementation schedule set by Council.

B. THAT Council advise the Liquor Control and Licensing Branch it supports immediate implementation of the extension of the closing tolerance period from 30 to 60 minutes for all Class ‘C’ Cabaret liquor licenses in the Phase One Area (“South Downtown” including the Theatre Row Entertainment District) as defined by the following boundaries; south of West Georgia Street to False Creek and East of Denman Street to Pacific Boulevard, subject to:

i) a signed Good Neighbour Agreement by all business licensees wishing to implement this privilege, and

ii) an understanding that the Liquor Control and License Branch would roll back this privilege for cabaret operators that have demonstrated consistent noncompliance with Liquor Licensing Regulations.

C. THAT staff report back on the feasibility of implementing the extension of the closing tolerance period from 30 to 60 minutes in the Phase Two Area which is defined as the remainder of the Downtown Peninsula not included in Phase One, within 90 days of the implementation of the Phase One area.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

Impacts of Inspections by the Provincial Liquor
Control and Licensing Branch File: 2611

MOVED by Cllr. Kennedy,

THAT the report by Inspector Dave Jones regarding the impacts of license establishment enforcement be received for information.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

II. Report to Council

Vancouver Heritage Commission
February 2, 1999

Special Advisory Committee Conference Funding -
“The Economics of Heritage Conservation”
(Clause 1) File: 3105-1/RTS: 579

MOVED by Cllr. Kennedy,

THAT Vancouver City Council approve funding in the amount of $200.00 to send two Vancouver Heritage Commissioners to “The Economics of Heritage Conservation”, a workshop taking place at Simon Fraser University in February, 1999; source of funding to be the Local Conference Budget, overseen by the City Clerk.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

III. Report to Council

Special Advisory Committee on Seniors
March 9, 1999 File: 3057-1/RTS: 606

Attendance at IHEAR Conference: April 23-24, 1999
(Clause 1)

MOVED by Cllr. Chiavario,

THAT two Special Advisory Committee members be authorized to attend the Conference of the Institute of Hearing Accessibility Research at UBC on April 23-24, 1999;

FURTHER THAT the sum of $340 be allocated to attendance fees for the Conference.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Kennedy,

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

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

BY-LAWS

1. A By-law to amend By-law No. 5585, being the Zoning and

Development Fee By-law (Increases to Fees) By-law No. 7983

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,

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. Kennedy ,
SECONDED by Cllr. Don Lee,

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

(Councillor Puil not present for the vote)

2. A By-law to amend By-law No. 5664, being the Miscellaneous Fees

(Planning) By-law (New Fees) By-law No. 7984

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,

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. Kennedy,
SECONDED by Cllr. Don Lee,

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

(Councillor Puil not present for the vote)

3. A By-law to amend the Subdivision By-law,

being By-law No. 5208 (New Fees) By-law No. 7985

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,

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. Kennedy,
SECONDED by Cllr. Don Lee,

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

(Councillor Puil not present for the vote)

4. A By-law to amend By-law No. 5320, being the Sewer Use

Regulation By-law (Fee Increase for Contaminated Site
Ground Water and Ship Wastewater Disposal) By-law No. 7986

MOVED by Cllr. Clarke
SECONDED by Cllr. Daniel Lee,

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. Daniel Lee,

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

5. A By-law to Undertake the Improvement of a Certain Street in an

area of Kerrisdale formerly known as Shannon Station as a Local
Improvement Project and to Provide the Procedure and Basis of
Assessment Therefor (57th Avenue and East Boulevard) By-law No. 7987

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Daniel Lee,

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. Don Lee
SECONDED by Cllr. Daniel Lee,

THAT the By-law be given second and third readings and the Mayor and City Clerkbe authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

(Councillor Clarke not present for the vote)

6. A By-law to Authorize Council Entering into a Housing

Agreement (1925 West 33rd Avenue - Arbutus Gardens) By-law No. 7988

MOVED by Cllr. Price ,
SECONDED by Cllr. Kennedy,

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. Price
SECONDED by Cllr. Kennedy,

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

(Councillor Clarke not present for the vote)

7. A By-law to amend the Parking Meter By-law,

being By-law No. 2952 (New Meter Rates) By-law No. 7989

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Daniel Lee,

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. Don Lee,
SECONDED by Cllr. Daniel Lee,

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

(Councillor Clarke not present for the vote)

MOTIONS

A. Establishing Road, West Side Knight Street, South of 41st Avenue,

adjacent to 5807 Knight Street 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
All that portion of Lot 5 of Lots 1 and 6 to 8, Block 2, District Lot 714, Plan 8240, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 2nd day of February, 1999, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3579;

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. Establishing Road, West Side Knight Street, South of 41st Avenue,

adjacent to 5819 Knight Street 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
All that portion of Lot 6 of Lots 1 and 6 to 8, Block 2, District Lot 714, Plan 8240, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 2nd day of February, 1999, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3578;

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. Establishing Road, West Side Knight Street, North of 41st Avenue,

adjacent to 5603 Knight Street 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
All that portion of Lot 14, except the East 7 feet and the West 2.5 feet, now highways, Block 4, District Lot 711, Plan 1383, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 12th day of February, 1999, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3586;

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 ofa lane.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

To follow.

The Council recessed at 4:20 p.m., to reconvene “In Camera”.

* * * * *

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