CITY OF VANCOUVER REGULAR COUNCIL MEETING A Regular Meeting of the Council of the City of Vancouver was held on Thursday, October 26, 1995, at 12:05 p.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 Bellamy, Chiavario, Clarke, Hemer, Ip, Kwan, Price and Puil ABSENT: Councillor Kennedy (Leave of Absence) Councillor Sullivan CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Tarja Tuominen COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair. - CARRIED UNANIMOUSLY COMMITTEE REPORTS Report of the Standing Committee on City Services and Budgets October 26, 1995 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: Cl. 1: Tourism Vancouver - Interim Payments of 2% Hotel Tax and Amendment of 1995 Work Plan and Budget Cl. 2: Grant Request - Community Crime Prevention Office Cl. 3: Sidewalk Cafe Review Cl. 4: Legal Services - Relocation to VanCity Building Cl. 5: 1996 Operating Budget Projections COMMITTEE REPORTS (CONTINUED) Report of the Standing Committee on City Services and Budgets October 26, 1995 [Continued] Clauses 1, 3 and 4 MOVED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clauses 1, 3 and 4 of this report, be approved. - CARRIED UNANIMOUSLY Grant Request - Community Crime Prevention Office Clause 2 MOVED by Cllr. Puil, THAT the recommendation of the Committee, as contained in Clause 2 of this report, be approved. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY 1996 Operating Budget Projections Clause 5 Council referred this item to the November 7, 1995 Council meeting. RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY MOTIONS A. Province of Quebec - File: 6009 Separatist Referendum MOVED by Cllr. Kwan, SECONDED by Cllr. Bellamy, THAT WHEREAS the unity and very existence of Canada is seriously threatened by the separatist referendum taking place in the Province of Quebec; AND WHEREAS a propaganda tool employed by the separatist forces is the assertion that Canadians no longer care whether Quebec separates or not; AND WHEREAS another powerful propaganda tool being employed is the assertion that the system of Canadian Confederation is incapable of change and that the only alternative to a separate Quebec is the rigid status quo; THEREFORE BE IT RESOLVED: 1. That Vancouver City Council is strongly supportive of a united Canada, a nation which has earned international recognition as being one of the best countries in the world, and believes that continued Quebec membership in the Canadian Confederation is essential for maintaining that quality of nationhood. Indeed, separation of Quebec would not only deprive us of an important national quality but would also seriously threaten Canada with disintegration. 2. That Vancouver City Council assert the belief that rejection of proposals for constitutional change which has occurred during the past few years, does not mean that Canadians refuse to recognize that change and reform of confederation is both necessary and desirable. British Columbians, along with people from all regions of Canada, recognize the need for change. AND BE IT FURTHER RESOLVED THAT Vancouver City Council send a warm message to the people of Quebec, telling them that they are very much wanted and needed as part of Canada, a nation which will have the capacity to grow, evolve and change in order to meet the needs of its citizens in all of its varied and different parts. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS Request for City Sponsorship File: 2001-2 of The Greater Vancouver Book Mr. Chuck Davis, Editor In Chief, The Greater Vancouver Book, requested sponsorship support from the City for a one-page article on Major Matthews and the Archives in The Greater Vancouver Book. The cost of the sponsorship would be $920. In response to questions, Mr. Davis acknowledged his was a for-profit organization. He expects the book to sell for $31 per copy; the cost of publishing the books will be underwritten by sponsors. Mr. Burke Taylor, Director of Cultural Affairs, explained the Charter forbids the City giving grants to individuals. Cultural grants are given to non-profit organizations. Mr. Davis received a research contract, not a grant, from the City to publish the original The Vancouver Book. During discussion, Council noted, as an issue of principle, it could not approve a grant to a for-profit organization, when it was difficult to sustain funding levels to non-profit organizations. MOVED by Cllr. Chiavario, THAT Council approve up to $1,000 to sponsor the Major Matthews/Archives page in the Greater Vancouver Book. - LOST, NOT HAVING RECEIVED THE REQUIRED MAJORITY (Councillors Bellamy, Clarke, Hemer, Kwan, Puil and the Mayor opposed) The Council adjourned at approximately 12:32 p.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON CITY SERVICES AND BUDGETS OCTOBER 26, 1995 A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, October 26, 1995, at 9:30 a.m., in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Puil, Chair Mayor Owen Councillor Bellamy Councillor Chiavario Councillor Clarke Councillor Hemer (Clauses 2 to 5) Councillor Ip Councillor Kwan Councillor Price ABSENT: Councillor Kennedy (Leave of Absence) Councillor Sullivan CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Tarja Tuominen Recorded Vote Unless otherwise indicated, votes of the Committee on all items are unanimous. RECOMMENDATIONS 1. Tourism Vancouver - Interim Payments File: 6008 of 2% Hotel Tax and Amendment of 1995 Work Plan and Budget The Committee had before it an Administrative Report dated Sep- tember 25, 1995 (on file), in which the General Manager of Corporate Services sought approval for remitting the first three months of the 2% Hotel Tax revenues for 1996 to Tourism Vancouver, in advance of consideration of the Association's 1996 Business Plan. The General Manager also sought approval for amending the Association's 1995 Business Plan to increase the portion funded by the 2% hotel tax by $850,000. Clause No. 1 Continued Mr. Sam Kuzmick, Deputy Director of Finance, was present to re- spond to questions. Mr. Glyn Edwards and Mr. Rick Antonson, representing Tourism Vancouver, requested support for the early release of the first three months of the 1996 Hotel Tax revenues. In response to questions, Mr. Edwards and Mr. Antonson advised Tourism Vancouver is willing to discuss possible financial support towards the cost of hosting the Asia Pacific Economic Cooperation (APEC) Conference. The Committee requested staff to begin discussions on the APEC Conference with Tourism Vancouver. The following motions by the Mayor were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT the Director of Finance be authorized to remit the first three months of the 2% Hotel Tax revenues for 1996, the amounts of each remittance not to exceed actual receipts from the Province of the 2% tax, in advance of Council's consideration of the Association's 1996 Business Plan. B. THAT Council approve Tourism Vancouver's amended 1995 Business Plan, which increases the portion funded by the 2% hotel tax by $850,000 to a total of $6,151,936 for the 1995 tax year. 2. Grant Request - File: 2153-2 Community Crime Prevention Office The Committee had before it an Administrative Report dated Octo- ber 10, 1995 (on file), in which the Director of Finance, in consultation with the Chief Constable, submitted for consideration a request for a one-time grant of $6,000 to the Downtown Eastside Residents Association for the Downtown Eastside Neighbourhood Safety Office. Clause No. 2 Continued Inspector Gary Greer, Vancouver Police Department, explained the Downtown Eastside Neighbourhood Safety Office is different from the other community-based police storefront offices located in the area. The Chinatown Community Services office serves the City's Chinese community, the Native Police Liaison Storefront Office focuses on the native community and native problems, and the Gastown office deals with Gastown issues. Although all the storefront offices are able to assist with the reporting of a crime, each storefront office has been established to deal with problems, and provide input in solving problems, in that particular community. A Community Storefront Coalition provides networking between different storefronts. Storfronts are set up due to the community's initiative; if the community cannot generate sufficient interest and volunteers, it will fail. Mr. Ken Dobell, City Manager, noted the criteria for establishing storefront offices is a concern. A policy for establishing community offices is being drafted. Ms. Debra Mearns, Co-ordinator, Downtown Eastside Neighbourhood Safety Office, reported the Office has been running for one and a half months. One police officer is stationed there. The Steering Committee for the Office is broad-based and includes representatives of Downtown Eastside organizations. The Committee is meeting weekly to discuss the relationship with the Police Department, community strategies, safety issues, recruitment, volunteer training, determining needs, and developing hours of operation. The Community Crime Prevention Coalition of storefront offices agrees it has to look at the criteria for supporting storefront offices. The following motion by Councillor Bellamy was put and CARRIED. The Committee therefore RECOMMENDED THAT a one-time grant of $6,000 be approved to the Downtown Eastside Residents Association for the Downtown Eastside Neighbourhood Safety Office; source of funds to be Contingency Reserve. 3. Sidewalk Cafe Review File: 2635 The Committee had before it a Policy Report dated October 5, 1995 (on file), in which the General Manager of Engineering Services re- viewed the Sidewalk Cafe Program and submitted recommendations on revised guidelines on year-round operation of sidewalk cafes. Mr. Don Brynildsen, Assistant City Engineer, Streets Division, and Mr. Bob Macdonald, Parking Engineer, briefly reviewed the report. A 50% increase in sidewalk cafe license fees is recommended for year- round operation. Mr. Adrian Tuck, representing Planet Cafe, explained he has a large sidewalk cafe. The sidewalk cafe adds to the flavour of the community. There are no awnings or shops on either side of the cafe, so his operation does not impede pedestrian traffic during the winter months. He would like to keep his large sidewalk cafe open year- round. People like to see activity outside all year. Mr. Tuck suggested cafes located in different areas in the city, or close to residential areas, have different guidelines. Ms. Stella Kyriakidis, representing Wishs Housing Co-op, outlined problems with a restaurant located across the street from the Co-op. The restaurant operates a sidewalk cafe and is licensed to serve liquor. The entire front wall of the restaurant is glass, with glass sliding doors. Although the closing time for the sidewalk cafe is 11:00 p.m., the sliding doors remain open during the summer, and the noise continues. Also, following the restaurant closing at 2 a.m., the staff go out and stack the tables and chairs. Ms. Kyriakidis questioned how the 11 p.m. sidewalk cafe closing would be enforced and if there would be penalties for non-compliance. Mr. Macdonald advised staff can withdraw the sidewalk cafe license for non-compliance with the guidelines. Mr. Bert Hick, W.A.E. Hick & Associates, supported year- round operation of sidewalk cafes as they contributed to the ambience of the city and promoted tourism. Mr. Hick did not support elimination of railings for small sidewalk cafes wishing to serve alcohol. Sidewalk cafes wishing to serve alcohol on a year-round basis should be considered on an individual application basis, assessed on their own merits, with a neighbourhood notification, and issued a license for a one-year trial basis. Year-round operation of sidewalk cafe would provide an opportunity for the City to derive additional revenue. Clause No. 3 Continued Mr. Fred Valdes, Three Kings Head Inn, supported year-round operation of sidewalk cafes. Mr. Valdes also supported an 11:00 p.m. closing, Sunday to Thursday, and midnight, Friday and Saturday. He opposed removal of railings around the sidewalk cafe. At his premises, last call is at 10:30 p.m. and chairs are removed at 11 p.m. Complaints should be responded to and dealt with. Mr. Earl Manning, representing Restaurant & Foodservices Associa- tion, supported year-round operation of sidewalk cafes. Restaurants throughout the city are as varied as their clientele. Mr. Richard Douglas, concurred with the comments of the previous speaker. Mr. Irvine Epstein, representing Yaletown Brewing Co., also supported year-round operation of sidewalk cafes. Restaurants located close to residential areas may require different closing hours. Con- cerns with lack of awning protection for pedestrians during winter months not realistic; pedestrians have umbrellas. Reduced demand for sidewalk cafes in weather is a business matter addressed by the business owner. There needs to be regulations and enforcement. Mr. Epstein also noted the sidewalk cafe restrictions only apply to those leasing sidewalk space from the City; restrictions do not affect those who operate on their own property. During discussion, the Committee agreed with year-round operation of sidewalk cafes on a one-year trial basis. However, members made a number of points, including: cafes should stop serving at 10:00 p.m. if required to close at 11:00 p.m.; 11:00 p.m. closing time should be more explicitly conveyed to owners; concerns with enforcement issues around safety and hours; parking issues with potential increase of restaurant seats; active enforcement of guidelines. Members also noted the use of private versus public property is a large issue. The following motions by Councillor Clarke were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT large sidewalk cafes be allowed to operate year round, on a one-year trial basis, with an additional 50% increase in fees; and Clause No. 3 Continued FURTHER THAT the City Engineer provide a report back at the end of one year on the trial operation. B. THAT sidewalk cafe permits continue to be issued to restaurants and limited service food establishments only. C. THAT Sidewalk Cafe guidelines (Appendix A of the Administrative Report dated October 5, 1995) be amended so that all sidewalk cafes within 200 feet of residential development have mandatory closing hours of 11:00 p.m., with earlier hours being instituted at the discretion of the City Engineer. D. THAT Large Sidewalk Cafe guidelines (Appendix A of the Administrative Report dated October 5, 1995) be amended to permit structures (to a maximum height of 2 feet above the sidewalk) to harmonize indoor and outdoor seating levels. E. THAT the temporary 6 month EA I position approved for the Sidewalk Cafe program be continued and combined with the annual temporary 6 month position responsible for the Produce Display program to create a regular full-time EA I position. The cost of this position will be recovered through revenue from the programs. 4. Legal Services - File: 5125 Relocation to VanCity Building The Committee had before it an Administrative Report dated October 17, 1995 (on file), in which the Director of Legal Services, in consultation with the Manager of Facilities Development, recommended the office of Legal Services be relocated to the fourth floor, VanCity Building, and sought approval for an increase in the annual Legal Services operating budget and a one-time expenditure of $160,000 to provide data and telephone cabling from City Hall to the VanCity Building. Clause No. 4 Continued Ms. Francie Connell, Director of Legal Services, was present to answer questions. Following a brief discussion, the Committee requested a report back on previous expenditures to provide data and telephone cabling from City Hall to the VanCity Building. The following motions by the Mayor were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT Council approve the move of the Legal Services Office to VanCity Building, and authorize an additional $15,000 for renovation work for a total capital budget of $175,000; the source of funds to be the existing allocation for the City Hall Precinct in the 1995 Capital Budget. B. THAT Council approve an increase in the annual Legal Services operating budget of $152,000 for rent and operating costs for the space leased from the Property Endowment Fund; the source of funds for the 1995 portion ($25,000) to be provided from Contingency Reserve. Subsequently, at the Council meeting immediately following the October 26th Planning & Environment Standing Committee meeting, Council approved the following: C. THAT Council approve a one-time expenditure of $160,000 to provide data and telephone cabling from City Hall to the VanCity Building to service the office of Legal Services and future City offices; the source of funding to be the Property Endowment Fund and recovery from monthly rents. INFORMATION 5. 1996 Operating Budget Projections File: 1606-2 Due to time constraints, this item was deferred to the November 7, 1995 Council meeting. The meeting adjourned at approximately 12:05 p.m. * * * * *