CITY OF VANCOUVER REGULAR COUNCIL MEETING A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 13, 1995, at 10:40 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 Councillors Chiavario, Clarke, Kwan, Price, Puil and Sullivan ABSENT: Councillor Bellamy [Sick Leave] Councillor Hemer Councillor Ip (Leave of Absence) Councillor Kennedy (Civic Business) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Nancy Largent COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Chiavario, 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 July 13, 1995 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: Cl. 1: Cultural Grant Requests - Project and Incentive Categories Cl. 2: Naming of the Coal Harbour Waterfront Walkway; Name for Two New Public Roads in the Coal Harbour Neighbourhood; and Confirmation of the Street Name "Stadium Boulevard" Cl. 3: Occupational Health Services - Restructure Cl. 4: Information and Privacy Commissioner's Review of Applications for Telecommunications Records Cl. 5: Delegation of Authority of the Head for Purposes of the Freedom of Information and Protection of Privacy Act COMMITTEE REPORTS (CONTINUED) Report of the Standing Committee on City Services and Budgets July 13, 1995 [Continued] Cultural Grant Requests - Project and Incentive Categories Clause 1 MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clause 1 of this report, be approved. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY Naming of the Coal Harbour Waterfront Walkway; Name for Two New Public Roads in the Coal Harbour Neighbourhood; and Confirmation of the Street Name "Stadium Boulevard" Clause 2 MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clause 2 of this report, and quoted below, be approved. A. THAT the public waterfront walkway and cycle path, from its connection to the Stanley Park seawalk at Denman Street easterly to Burrard Street, be named the "Coal Harbour Seawalk". B. THAT Council rescind its November 1, 1994 motion naming the road previously known as Pacific Boulevard North "Stadium Boulevard"; and FURTHER THAT Stadium Boulevard be renamed "Expo Boulevard". C. THAT the Director of Legal Services be instructed to bring forward the appropriate amendments to the Street Name By- law. - CARRIED BY THE REQUIRED MAJORITY (Councillor Kwan opposed) COMMITTEE REPORTS (CONTINUED) Report of the Standing Committee on City Services and Budgets July 13, 1995 [Continued] Occupational Health Services - Restructure Clause 3 MOVED by Cllr. Kwan, THAT the restructing of Occupational Health Services be deferred pending a staff report back on service issues raised by the B.C. Nurses Union delegation respecting the Medisys proposal, as well as on the opportunity of continuing with an internal function. - LOST (Councillors Chiavario, Clarke, Hemer, Price, Puil, Sullivan and the Mayor opposed) MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clause 3 of this report, and quoted below, be approved. A. THAT Council approve the outsourcing of occupational health services to an external provider, resulting in the reduction of three (3) FTE and one (1) Temporary positions detailed in the Administrative Report dated June 27, 1995. B. THAT Council approve Medisys Corporate Health Services Ltd. as the provider for the current occupational health services required by the City at a cost of $276,000. C. THAT Council authorize an additional $29,000 to the contract to increase the level of service for pre-placement testing for Fire and Police recruits and the Hazmat Team annual physicals. - CARRIED (Councillor Kwan opposed) Clauses 4 and 5 MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clauses 4 and 5 of this report, be approved. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Price, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS Fireworks in Nat Bailey Stadium File: 4201-2 Councillor Chiavario noted a July 6, 1995 memorandum advising Council of a July 8th fireworks event at Nat Baily Stadium had not been received until July 10th. Councillor Chiavario requested that this late receipt be looked into. The City Manager undertook to follow up. Cambie Hotel Pub Operation File: 2611-11 Councillor Kennedy requested staff investigate complaints regarding the Cambie Hotel Pub operation. The Mayor so directed. The Council adjourned at approximately 10:45 a.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON CITY SERVICES AND BUDGETS JULY 13, 1995 A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, July 13, 1995, at 9:30 a.m., in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Puil, Chair Mayor Owen Councillor Chiavario Councillor Clarke Councillor Hemer (Clauses 1-3) Councillor Kwan Councillor Price Councillor Sullivan ABSENT: Councillor Bellamy (Sick Leave) Councillor Ip (Leave of Absence) Councillor Kennedy (Civic Business) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Nancy Largent Recorded Vote Unless otherwise indicated, votes of the Committee on all items are unanimous. Adoption of Minutes The Minutes of the Standing Committee on City Services & Budgets meeting of June 22, 1995, were adopted. RECOMMENDATION 1. Cultural Grant Requests - File: 2053-2 Project and Incentive Categories The Committee had before it an Administrative Report dated June 22, 1995 (on file), in which the Director, Office of Cultural Affairs, recommended approval of project grants to ATA Artropolis Society, for its 1996 major exhibition of local contemporary arts featuring a Canadian composition celebrating the work of Primo Lepi, an Italian author, philosopher and holocaust survivor. The Director also recommended an organiza-tional development grant to the Vancouver Cultural Alliance to establish an Internet site. The General Manager of Community Services submitted these grant requests for consideration. Mr. Lorenz von Fersen, Cultural Planner, was present to answer questions. Mrs. Ronnie Tesler, Vancouver Holocaust Centre Society, was present to support her organization's grant request. The following motion by Councillor Chiavario was put and CARRIED. Therefore, the Committee RECOMMENDED A. THAT Council transfer the remaining $255 in the Operating Grants category to the Project Grants category of the 1995 Cultural Grants budget, bringing the balance in the Project Grants category to $15,555. B. THAT Council approve the following two Project Grants: A.T. Eight Artropolis Society $5,000 Vancouver Holocaust Centre Society $2,000 Total $7,000; source of funds to be the Project Grants category of the 1995 Cultural Grants budget. C. THAT Council approve an Organizational Develop-ment grant of $4,000 to the Vancouver Cultural Alliance Society; source of funds to be the Incentive Grants category of the 1995 Cultural Grants budget. 2. Naming of the Coal Harbour Waterfront File: 5527-2 Walkway; Name for Two New Public Roads in the Coal Harbour Neighbourhood; and Confirmation of the Street Name "Stadium Boulevard" The Committee had before it an Administrative Report dated June 22, 1995 (on file), in which the City Clerk, as Chair of the Street Naming Committee, recommended A. THAT the public waterfront walkway and cycle path, from its connection to the Stanley Park seawalk at Denman Street easterly to Burrard Street, be named the "Coal Harbour Seawalk". B. THAT the new public road, connecting Denman Street and Cardero Street, north of Georgia Street, be named "Harbour Pointe Road". C. THAT the new public road, connecting the Cardero Street end to the Nicola Street end, north of Georgia Street, be named "Harbour Pointe Road". D. THAT the Director of Legal Services be instructed to bring forward the appropriate amendments to the Street Name By- law. The City Clerk submitted the following for consideration: E. THAT Council's approved name "Stadium Boulevard" for the road previously known as Pacific Boulevard North be confirmed. OR F. THAT Stadium Boulevard be renamed "Expo Boulevard". The City Manager also recommended approval of A through D, and submitted the choice between E or F for consideration. Mrs. Maria Kinsella, City Clerk, reviewed the report and rationale for her recommendations. It was noted there is no difference of opinion with respect to the proposed name "Coal Harbour Seawalk" for the walkway and cycle path to be constructed on top of the shoreline protection in the Coal Harbour development. This name is supported by the Street Naming Committee, as well as Bayshore and Marathon developers. However, the Street Naming Committee and Marathon Realty have not arrived at a mutually acceptable name for two new public Clause No. 2 Continued roads in the new Coal Harbour community, one connecting Denman Street and Cardero Street, the other connecting the Cardero and Nicola Street ends. The Street Naming Committee is recommend-ing "Harbour Pointe Road"; the Bayshore developer is proposing the name "Bayshore Drive". The Street Naming Committee does not support Bayshore Drive because it would establish a commercial precedent for the use of street names contrary to the Committee and Council policy. Since the two roads can be considered a continuation, one name will serve both. Mrs. Kinsella also reminded Council that on November 1, 1994, it renamed Pacific Boulevard North as Stadium Boulevard; however, the by- law amendments have not yet been brought forward. Concord Pacific has raised objections to the new name as unsuitable for a future residential area with potential negative impact on marketing efforts. The alternate name "Expo Boulevard" would be acceptable due to the road's proximity to the site of the 1996 Exposition. However, staff support retention of the previously approved name due to the road's proximity to two major stadiums. Other names proposed are somewhat commercial in nature, but the option of Expo Boulevard was submitted for consideration. The following speakers did not support the Street Naming Committee's proposals with respect to the name "Harbour Pointe Road": Mr. Norm Hotson, Hotson Bakker Architects Mr. Norm Shearing, Michael Geller & Associates Following are some of the points made by the forthcoming speakers. - The term Bayshore Drive would be appropriate for the new public road connecting Denman and Cardero Streets due to the popular association of the name "Bayshore" with this particular area, and due to its marine character. - Vancouver is made up of small precincts and naming a street Bayshore Drive would not negatively impact on the cohesiveness of this area. - It would be inappropriate to name a street Harbour Pointe since it is not on a geographical point of land. Clause No. 2 Continued - The new public road connecting the Cardero and Nicola Street ends should not have the same name as the road connecting Denman and Cardero Streets, since they are discontinuous, and this would lead to confusion. Harbour Quay was suggested as an alternative. The Committee noted there was no objection to the proposed name "Coal Harbour Seawalk" for the public waterfront walkway and cycle path and supported the name accordingly. The Committee had no objection to rename Stadium Boulevard, Expo Boulevard, in view of the historical association with Expo '86 and lack of other commemorative names in the area. However, the Committee was not inclined to approve the name Harbour Pointe Road in view of the objections raised, but felt this should be reconsidered by the Street Naming Committee in consultation with the developers. A number of comments were made for the Street Naming Committee's information, including agreement that the two new public roads should not have the same name. The following motions by Councillor Chiavario were put and CARRIED. Therefore, the Committee RECOMMENDED A. THAT the public waterfront walkway and cycle path, from its connection to the Stanley Park seawalk at Denman Street easterly to Burrard Street, be named the "Coal Harbour Seawalk". B. THAT Council rescind its November 1, 1994 motion naming the road previously known as Pacific Boulevard North "Stadium Boulevard"; and FURTHER THAT Stadium Boulevard be renamed "Expo Boulevard". C. THAT the Director of Legal Services be instructed to bring forward the appropriate amendments to the Street Name By-law. (Councillor Kwan opposed) Clause No. 2 Continued With the Committee's approval, the Chair instructed that the following motions be referred back to the Street Naming Committee for further discussion and report back: - THAT the new public road, connecting Denman Street and Cardero Street, north of Georgia Street, be named "Harbour Pointe Road". - THAT the new public road, connecting the Cardero Street end to the Nicola Street end, north of Georgia Street, be named "Harbour Pointe Road". 3. Occupational Health Services - File: 1306-17 Restructure The Committee had before it an Administrative Report dated June 27, 1995 (on file), in which the Manager of Occupational Safety & Rehabilitation, in consultation with the General Manager of Community Services, proposed a restructuring of occupational health services for the City. Council's approval was sought to outsource occupational health services, to enter into a contract with Medisys Corporate Health Services Ltd. (Medisys) for those services, to upgrade the service within the existing budget, and to allow for transitional funding within the existing budget. The General Manager of Human Resource Services recommended approval of recommendations reflected in Recommendations A, B and C of this report. The aforementioned Administrative Report was originally scheduled for the July 11, 1995, City Council meeting, and copies were provided to all civic unions and staff associa-tions. The item was subsequently withdrawn from the Council agenda in response to a delegation request, and referred to this Committee. Mr. John Beckett, Manager of Occupational Safety & Rehabilitation, reviewed the current occupational health service and genesis of the report. With the Health Department moving under the auspices of the Regional Health Board, the City would have to look at changes to this service in any event, since this function will remain with the City. Mr. Beckett clarified costs, noted needed improvements in service, and noted there is a shortage of qualified occupational health physicians in the Lower Mainland were the City to choose to continue to provide the service. Clause No. 3 Continued Ms. Judy Neden, B.C. Nurses Union, (brief on file), requested Council to reject the recommendations. The union believes there is currently insufficient evidence to determine that contracting out would provide the same or better level of service currently provided in a cost-effective manner. Ms. Neden discussed various aspects of the Medisys proposal; identified current services provided by Occupational Health which do not appear to be included in the proposal; and noted data collection and service integration are strengths of the current Occupational Health Service which could not be provided by contracting out. Ms. Neden also felt there had been insufficient consultation, noting the existing nursing staff had never been given the opportunity to develop a proposal to address current concerns. Mr. Beckett responded to various points of the nurses' brief. With respect to the issue of consultation, it was noted a full-time nurse was included on the team involved in reviewing the proposals for the service, and Human Resource Services has met separately with the individuals involved. The current nursing staff were advised they could not bid on their jobs because the service requires a physician. Mr. Beckett also noted there is a need to improve the service, which cannot be done without going outside unless Council is prepared to put more funding into an internal service. Responding to a query, Ms. Eileen Stewart, General Manager of Human Resource Services, advised the City will ensure a procedure is in place to provide disabled parking passes in a timely fashion. The following motion by Councillor Kwan was put and LOST: THAT the restructuring of Occupational Health Services be deferred pending a staff report back on service issues raised by the B.C. Nurses Union delegation respecting the Medisys proposal, as well as on the opportunity of continuing with an internal function. (Councillors Chiavario, Clarke, Hemer, Price, Puil, Sullivan and the Mayor opposed) Clause No. 3 Continued The following motions by Mayor Owen were put and CARRIED. Therefore, the Committee RECOMMENDED A. THAT Council approve the outsourcing of occupational health services to an external provider, resulting in the reduction of three (3) FTE and one (1) Temporary positions detailed in the Administrative Report dated June 27, 1995. B. THAT Council approve Medisys Corporate Health Services Ltd. as the provider for the current occupational health services required by the City at a cost of $276,000. C. THAT Council authorize an additional $29,000 to the contract to increase the level of service for pre- placement testing for Fire and Police recruits and the Hazmat Team annual physicals. (Councillor Kwan opposed) 4. Information and Privacy File: 1150-2 Commissioner's Review of Applications for Telecommunications Records On May 4, 1995, Council approved the Standing Committee on City Services & Budgets recommendation to deny access to tele- communications logs. The Information & Privacy Commissioner has scheduled a hearing on this matter for July 28, 1995. The Committee now had before it a Policy Report dated July 11, 1995 (on file), in which the City Clerk provided an update on the status of the review of the City's decision to refuse to release telecommunications logs, and presented for considera-tion possible additional discretionary exceptions to the release of these records, including: - Section 15 Disclosure harmful to law enforcement; - Section 17 Disclosure harmful to the financial or economic interests of a public body; and - Section 19 Disclosure harmful to individual or public safety. Clause No. 4 Continued The City Clerk also noted telecommunications records are considered transient information, and have been treated as such in the past. The record may be inaccurate, incomplete and misleading for reasons set out in the Policy Report. The City Manager submitted for consideration recommenda-tions reflected in Recommendations A through D of this report. Mrs. Maria Kinsella, City Clerk, noted what is being proposed is simply an extension of Council's previous decision. Further review has indicated three other sections of the Freedom of Information Act which support Council's previous decision. Mrs. Kinsella briefly reviewed the rationale for the discretionary exceptions. Mr. Steve Kautz, Freedom of Information Co-ordinator, responded to queries and discussed the review process. It is possible the New Democratic Caucus Research Division's information request may be submitted in a more limited format, presenting a package of destination telephone numbers for audit, similar to that previously requested by the Kitsilano News/West Ender. Mr. Kautz enquired whether the Committee would wish him to participate in mediation by the Information & Privacy Commissioner's staff should a revised request be submitted, or would feel the request for these records fundamentally conflicts with the discretionary exceptions cited by the City. The Committee instructed Mr. Kautz not to release the logs in question even if a revised request were presented. The Committee expressed grave doubts with respect to the completeness of the telecommunications log, and felt it may be misleading in a number of ways. For example, access to City telephone is not strictly controlled, so who has actually made or received a call may be in question. In addition, telephone management options, such as multiple telephone lines and "call forwarding" also render the accuracy of the record question-able. It would, therefore, not be possible to establish relationships between telephone calls and individuals with a high degree of veracity. Clause No. 4 Continued The following motions by Councillor Chiavario were put and CARRIED. Therefore, the Committee RECOMMENDED A. THAT Council refuse to disclose City telecom- munications logs under Section 15 of the Freedom of Information and Protection of Privacy Act, as the disclosure may be harmful to law enforcement. B. THAT Council refuse to disclose City telecom- munications logs under Section 17 of the Freedom of Information and Protection of Privacy Act, as the disclosure may be harmful to the financial or economic interests of the public body. C. THAT Council refuse to disclose City telecom- munications logs under Section 19 of the Freedom of Information and Protection of Privacy Act, as the disclosure may be harmful to individual or public safety. D. THAT the Director of Legal Services and the CoŸordinator of Information and Privacy bring to the attention of the Information and Privacy Commissioner the City's concerns relative to the nature of the requested record, as outlined in the Policy Report dated July 11, 1995. 5. Delegation of Authority of the Head for File: 1150-2 Purposes of the Freedom of Information and Protection of Privacy Act The Committee had before it a Policy Report dated July 11, 1995 (on file), requesting that Council delegate to the City Clerk, acting with a staff team of the City Manager and the Corporation Counsel, the authority to act as the Head of the City for purposes of the Freedom of Information & Protection of Privacy Act, providing this staff team may report to Council for advice as it is deemed appropriate. This request was made to facilitate administration of the Act and expedite applica-tions received by the City, noting Council may request an opportunity to provide advice on any application. Clause No. 5 Continued The City Manager submitted for consideration recommenda-tions reflected in Recommendations A through C of this report. Mrs. Maria Kinsella, City Clerk, explained the rationale in terms of the very strict time deadlines set out in the Act. Were authority to be delegated to staff, it would relieve Council of the necessity to respond to routine discretionary exceptions on short notice. Council can always ask to have any application referred to it, and information will be regularly circulated. The following motions by Councillor Chiavario were put and CARRIED. Therefore, the Committee RECOMMENDED A. THAT the City Clerk, acting with a staff team of the City Manager and the Corporation Counsel, be appointed the Head of the public body, for the purposes of the Freedom of Information and Protection of Privacy Act. B. THAT this staff team seek the advice of Council on any applications where it is deemed appro-priate. C. THAT the Director of Legal Services be requested to bring forward the appropriate amendment to the Freedom of Information and Protection of Privacy By-law No. 7364. The meeting adjourned at approximately 10:40 a.m. * * * * *