CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

MARCH 28, 2000

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, March 28, 2000, at 2:00 p.m. in the Council Chamber, Third Floor, City Hall.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
*Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor George Puil
*Councillor Sam Sullivan

CITY MANAGER'S
OFFICE: Judy Rogers, City Manager

CITY CLERK'S
OFFICE: Ulli Watkiss, City Clerk

Gail Johnson, Meeting Coordinator

* Denotes presence during part of the meeting.

PRAYER

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

"IN CAMERA" MEETING

There were no matters to be considered this day.

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF MARCH 14, 2000

… Appointments to CityPlan City Perspectives Panel for Community Visions Program
Council made appointments to the foregoing Panel. Names of those appointed can be obtained from the City Clerk's Office.

… Appointments to Special Advisory Committees
Council made appointments to the following Committees. Names of those appointed can be obtained from the City Clerk's Office:

Bicycle Advisory Committee
Special Advisory Committee on Cultural Communities
Special Advisory Committee on Disability Issues
Special Advisory Committee on Seniors

ADOPTION OF MINUTES

1. Regular Council

(City Services and Budgets)
March 9, 2000

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

2. Regular Council

(Planning & Environment)
March 9, 2000

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

3. Regular Council

(Transportation & Traffic)
March 14, 2000

MOVED by Cllr. Clarke,
SECONDED by Cllr. Bass,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

4. Regular Council

(with the exception of the "In Camera" portion)
March 14, 2000

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved with an amendment to page 14, CD-1 Text Amendment: 3075 Slocan Street (Italian Centre) to add the following questions to motion `B' for staff response: What is the educational basis for a kindergarten to grade 9 school? and How will specialized facility requirements, ie: rooms for foods and textiles courses, shops for woodwork/automotive courses, which are mandated by the Provincial curriculum, be dealt with for grades 8 and 9?

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Louis,

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

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1. Phase 2 Rapid Transit - Commercial Drive West; Public Process

March 14, 2000 File: 5559/RTS: 1332

At its meeting of March 16, 2000, Council received for information, the Policy Report dated March 14, 2000, and referred recommendations B through E to a Special Council Meeting on March 27, 2000, to hear delegations.

Jane Bird, Project Manager, City Rapid Transit Office, during her Report Reference on the matter, explained that the meeting on March 27 did not conclude and Council will continue hearing the remaining speakers on the evening of March 30, 2000, following which a decision will be made on the recommendations.

Ms. Bird outlined the preferred rapid transit technology for the Broadway Corridor from Commercial Drive to UBC; and the City's recommendation to TransLink and the Province for a western terminus for SkyTrain on Broadway west of VCC. In addition, Ms. Bird briefly described the relevant land use and transportation policy; the advantages and disadvantages of the technology options described in the Phase II Report; the recommendation of the Phase 2 Consultant; the results of the public consultation process; and the public survey results, and the cost implications of the technology options from both a City and regional perspective.

Bob Post, the lead consultant for the Phase II Broadway Corridor, and members of the City Rapid Transit Office, were in attendance to respond to questions,

MOVED by Cllr. Kennedy,

THAT the Report Reference provided by Jane Bird, Project Manager, City Rapid Transit Office, be received for information.

- CARRIED UNANIMOUSLY

(Councillor Sullivan absent for the vote)

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Watson Street Local Improvement

March 7, 2000 File: 5802/RTS: 1342

MOVED by Cllr. Louis,

A. THAT By-law No. 8026 (Watson Street Local Improvement - Special Project from Broadway to 10th Avenue) be amended to provide specific additional relief for the property located at 222-32 East Broadway, allowing the actual cost for this property to be reduced at 15.17%, as was submitted at the December 1, 1998 Court of Revision.

B. THAT the Director of Legal Services be requested to bring forward for enactment the appropriate amending by-law.

- CARRIED UNANIMOUSLY

(Councillors Clarke and Sullivan absent for the vote)

2. Minor Curb Adjustment on 12th Avenue at Sophia Street

February 23, 2000 File: 5808/RTS: 1311

MOVED by Cllr. Don Lee,

THAT Council approve the adjustment of the south curb of 12th Avenue, west of Sophia, with funding of $55,000 provided from Streets Basic Capital Unappropriated Account No. 30000160 - Arterial Improvements.

- CARRIED

(Councillor Louis opposed)
(Councillors Clarke and Sullivan absent for the vote)

3. Rapid Transit Phase 2 Consultation - Consultant Contract Extension

February 16, 2000 File: 5559/RTS: 1302

MOVED by Cllr. Puil,
A. THAT Council approve the extension of the BRW, Inc. contract to complete the Phase 2 Rapid Transit public consultation process, with funding of $115,000 provided from Account No. 531070 90013495 - Consultant: Rapid Transit.

B. THAT Council approve the extension of the MarkTrend Research contract to complete the Phase 2 Rapid Transit public consultation process, with funding of $52,000 provided from Account No. 531070 90013495 - Consultant: Rapid Transit.

- CARRIED

(Councillor Louis opposed)
(Councillors Clarke and Sullivan absent for the vote)

4. Handheld Parking Enforcement Equipment

February 28, 2000 File: 5654/RTS: 1325

The Mayor noted that a delegation request had been received on this matter, therefore, Council agreed that consideration of the Administrative Report dated February 28, 2000 would be postponed to the April 6, 2000 meeting of the Planning and Environment Standing Committee, at which time delegations would be heard.

5. Award of Tender No. PS00004

Supply and Delivery of Mineral Aggregates
March 9, 2000 File: 1805/RTS: 1343

MOVED by Cllr. Don Lee,

THAT Council accept the following bids for the supply and delivery of mineral aggregates as, if and when required for a 12-month period from the date of the purchase order, subject to contracts satisfactory to the Director of Legal Services:

DETAIL FIRM ESTIMATED COST
Items 1, 15, & 21 - low bid Lafarge Construction $1,783,615
Items 17 - lowest cost per Materials Ltd.
volume to specifications
Items 10& 11 - overall low bid

Items 3, 4, 5, 7, 13, & 14 Mainland Sand & Gravel Ltd. $940,767
- low bid
Item 9 - lowest cost per volume

plus the 7% Goods and Services Tax (less the anticipated receipt of the municipal rebate) and the Provincial Sales Tax.

- CARRIED UNANIMOUSLY

(Councillor Sullivan absent for the vote)

6. Form of Development: 2720 East 48th Avenue

Fair Haven United Church Homes
March 13, 2000 File: 2605/RTS: 1347

MOVED by Cllr. Louis,

THAT the form of development for the CD-1 zoned site known as 2720 East 48th Avenue be approved generally as illustrated in the Development Application Number DE404733, prepared by DGBK Architects and stamped "Received, City Planning Department December 17, 1999", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.

- CARRIED UNANIMOUSLY

(Councillor Sullivan absent for the vote)

7. 2000 Cultural Grants: Operating and Project Grant Allocations

March 13, 2000 File: 2051/RTS: 1339

MOVED by Cllr. McCormick,

THAT Council approve 78 Operating Grants amounting to $1,254,500 and 27 Project Grants amounting to $82,000, as listed in Appendix A of the Administrative report dated March 13, 2000, for a total of $1,336,500, including conditions on grants where noted. Source of funds to be the 2000 Cultural Grants budget.

- CARRIED UNANIMOUSLY

AND BY THE REQUIRED MAJORITY

8. 2000 Community Services Grants Allocations

March 14, 2000 File: 2151/RTS: 1321

MOVED by Cllr. Louis,
A. THAT Council approve 87 Community Services Grants totalling $2,772,360, as listed in Appendix A of the Administrative Report dated March 14, 2000, including conditions on the grants, where noted in Appendix C.

B. THAT Council approve the following reserves (listed in Appendix A as No. 201 - 204) to be reported on, with specific allocation recommendations, at a later date:

1) United Way - Partners in Organizational Dev. $18,000
2) Cross-Cultural Expertise $20,000

3) Emergencies, unforeseen circumstances $11,140

4) Family and Youth Support $28,500

C. THAT Council approve a rent subsidy grant of $33,100 to the B.C. Coalition of People with Disabilities, and that the Community Services Grants budget be increased accordingly.

D. THAT Council approve a rent subsidy grant of $8,880 to Central City Mission for the Dugout, and that the Community Services Grants budget be increased accordingly.

E. THAT Council approve a rent subsidy grant of $6,026 to End Legislated Poverty and that the Community Services Grants budget be increased accordingly.

F. THAT Council approve a rent subsidy grant of $4,500 to the Downtown Eastside Women's Centre and that the Community Services Grants budget be increased accordingly.

- CARRIED UNANIMOUSLY

AND BY THE REQUIRED MAJORITY

9. Strategies for Regional Arts and Cultural Development in Greater Vancouver

March 9, 2000 File: 4001/RTS: 1344

MOVED by Cllr. Kennedy,

THAT Council endorse the September 1999 report of the Regional Cultural Plan Steering Committee entitled Strategies for Regional Arts and Cultural Development in Greater Vancouver, and communicate its support for preparation of implementation options in accordance with the principles outlined in this report.

- CARRIED UNANIMOUSLY

10. Business License Hearing Panels for April 2000

March 17, 2000 File: 2711-1/RTS: 1304

MOVED by Cllr. Louis,

THAT Council delegate the holding of two business license hearings, presently scheduled for April, 2000, to a panel of three Council Members, pursuant to Section 277.1 of the Vancouver Charter, as follows:

i. The business license hearing pursuant to Section 275 of the Vancouver Charter, regarding an application for a business license by ElenaBruzzese, doing business as The Gourmet Shop, 3885 Rupert Street, Vancouver, British Columbia, and the power to make a Council decision in relation to that application, be delegated to:

Mayor Philip Owen (Chair)

Councillor Daniel Lee
Councillor Jennifer Clarke

Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the application be delegated to the remaining two Councillors and Councillor Lynne Kennedy.

ii. The business license hearing pursuant to Section 275 of the Vancouver Charter, regarding an application for a business license by Mancharambath Velayudhan, doing business as Van's Grocery, 757 East Broadway, Vancouver, British Columbia, and the power to make a Council decision in relation to that application, be delegated to:

Councillor Gordon Price (Chair) Councillor Lynne Kennedy Councillor Jennifer Clarke

Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the application be delegated to the remaining two Councillors and Councillor Sandy McCormick.

- CARRIED UNANIMOUSLY

11. Purchase of Landfill Loader

March 13, 2000 File: 5103/RTS: 1352

MOVED by Cllr. Sullivan,

THAT Council direct the tendering procedure be waived and that Wajax Equipment be awarded a contract for the supply of one Volvo model L180C loader at a total estimated cost of $235,323.01 plus the Provincial Sales Tax, the Provincial Environment Levy and the applicable Goods and Services Tax.

- CARRIED UNANIMOUSLY

12. Vancouver Landfill: Selection of a Design-Build Contractor

For Expanded Landfill Gas Control System Project
March 24, 2000 File: 3757/RTS: 1364

MOVED by Cllr. McCormick,

THAT CH2M Gore & Storrie Limited be retained to design and construct an Expanded Landfill Gas Control System at the Vancouver Landfill at a cost of $3,005,860 plus GST, subject to a contract satisfactory to the Director of Legal Services, with funds provided from a loan from the Solid Waste Capital Reserve to be repaid by users of the Landfill.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to Average Land Assessments for 2000 By-law No. 8177

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

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. Louis,
SECONDED by Cllr. McCormick,

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

2. A By-law to amend By-law No. 8026, being the Mount Pleasant (Watson Street North) 1999 Beautification Local Improvement By-law (Amendment re 222-232 East Broadway) By-law No. 8178

MOVED by Cllr. McCormick,
SECONDED by Cllr. Bass,

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. McCormick,
SECONDED by Cllr. Bass,

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 Grant Monies for a Business Promotion Scheme in the Marpole Business Improvement Area By-law No. 8179

MOVED by Cllr. Sullivan,
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. Sullivan,
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

4. A By-law to Grant Monies for a Business Promotion Scheme in the Commercial Drive Business Improvement Area By-law No. 8180

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Price,

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. Price,

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 Grant Monies for a Business Promotion Scheme in the Chinatown Business Improvement Area By-law No. 8181

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

THAT the By-law be introduced and read a first time.

- CARRIED

(Councillor Louis opposed)

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. Bass,

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

(Councillor Louis opposed)

6. A By-law to Grant Monies for a Business Promotion Scheme in the Downtown Vancouver Business Improvement Area By-law No. 8182

MOVED by Cllr. Price,
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. Price,
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

7. A By-law to amend By-law No. 6059, being the Parking By-law (Addition of Standards for Hotels) By-law No. 8183

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

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. Daniel Lee,
SECONDED by Cllr. McCormick,

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

8. A By-law to amend By-law No. 6510, being the Sign By-law (88 West Pender Street, International Village) By-law No. 8184

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

THAT the By-law be introduced and read a first time.

- CARRIED

(Councillors Bass and Louis opposed)

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. 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

(Councillors Bass and Louis opposed)

(Councillors Price, Puil, Sullivan and the Mayor excused from voting on By-law 8)

MOTIONS

A. Establishing Land for Road Purposes (1221-1295 East 2nd Avenue) File: 5807

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

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road 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 A (Explanatory Plan 7993), Block 68, District Lot 264A, Plans 185 and 1771, Group 1, New Westminster District, shown heavy outlined on plan of survey completed on the 14th day of September 1999, attested to by Fred Wong, B.C.L.S. and marginally numbered LD3635;

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, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED UNANIMOUSLY

B. Pedestrian Safety File: 5701

The Mayor noted that delegation requests had been received with respect to this motion, therefore it was agreed that consideration would be postponed to the April 18, 2000 meeting of the Transportation and Traffic Standing Committee, at which time delegations would be heard.

NOTICE OF MOTION

Smoke-free Workplace Provisions File: 4105/RTS: 1387

The Council granted Councillor Kennedy leave to waive Notice of Motion for the following motion:

MOVED by Cllr Kennedy,
SECONDED by Cllr Bass,

WHEREAS City Council voted in 1996 to achieve 100% smoke-free indoor public places by January 1, 2000; and

WHEREAS the current by-law provisions still allow for up to 70% smoking areas in "adult-oriented" establishments such as bars, pubs, nightclubs, bingos and casinos; and

WHEREAS the W.C.B. smoke-free workplace provisions, as they pertain to smoking prohibitions in the hospitality sector, have been rendered null and void as a result of the March 22, 2000 Supreme Court of B.C. decision; and

WHEREAS it appears highly unlikely that the W.C.B. provision can be reinstated any time sooner than late fall of 2000, at the earliest; and

WHEREAS the void created by the court decision results in a large number of workers and patrons being once again exposed to second-hand smoke; and

WHEREAS the court decision also results in the return to an "uneven" playing field between segments of the hospitality industry; and

WHEREAS the vast majority of other GVRD municipalities have included and are enforcing 100% restrictions in bars, pubs, clubs, bingos and casinos;

THEREFORE be it resolved that the Smoke-free provisions of the Health By-law be amended to remove the exceptions for "adult-oriented" establishments, thereby requiring a 100% smoke-free environment in all indoor public places, and that staff be directed to bring forward the requisite report and by-law amendments at the earliest possible time.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Sidewalk Impediments File: 5808

Councillor McCormick noted that she is aware of senior citizens in the West End who are very concerned about hazardous conditions on the sidewalks. Although staff respond very quickly to complaints about bumps and cracks in the pavement, other impediments are still evident, including produce displays, newspaper boxes, and sandwich boards. The Councillor sought and received consent to discuss this issue with the Special Advisory Committee on Seniors, and the City Manager.

The Council adjourned at 5:30 p.m.

* * * * *

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