Council's decisions - Jan. 26/99 mtg.

REGULAR COUNCIL MEETING - JANUARY 26, 1999
DECISIONS
COUNCIL CHAMBER - 2:00 P.M.
PLEASE NOTE:
Agendas and reports are available on the City of Vancouver web site (http://www.city.vancouver.bc.ca) one week before the meeting date.
Late reports (so noted) are put on the web site when they are received in the Office of the City Clerk.
Decisions arising from the meeting are available on the web site the day after the meeting.
Minutes are available on the web site within one week following the meeting.
PRAYER
ROLL CALL
CONDOLENCES
Ron Thompson - former City Clerk
3:45 PM: SAP RECOGNITION
After 15 months of intensive effort by a dedicated team of City employees, the first phase of the new SAP computer system, involving the Finance and Materials Management modules, was implemented on January 1, 1999. Work is well underway on the next major phase of SAP implementation, the Human Resources/Payroll system, scheduled to go live May 7, 1999. The Mayor and Council wish to recognize the outstanding effort of the individuals associated with this enormous undertaking.
Liane McKenna, Project Director, SAP Implementation, will provide a brief overview on the success of the SAP project.
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"IN CAMERA" MEETING
There are matters to be considered "In Camera" later this day.
ITEMS ARISING FROM "IN CAMERA" MEETING
OF JANUARY 12, 1999
·Appointments to Various Civic Agencies - Appendix A refers.
·Public Opinion related to the 1999 Operating Budget
Council agreed that the City should undertake a public polling process regarding the 1999 Operating Budget, in response to the cuts in Equalization Grants from the Province.
·Appointment of Deputy City Manager
Council appointed Brent MacGregor, currently Deputy City Engineer, as the new Deputy City Manager.
ADOPTION OF MINUTES
1.Regular Council meeting (Transportation & Traffic) - January 5, 1999 ADOPTED
2.Regular Council meeting (City Services & Budgets) - January 7, 1999 ADOPTED
3.Regular Council meeting (Planning & Environment) - January 7, 1999 ADOPTED
4.Regular Council meeting (Transportation & Traffic) - January 12, 1999 ADOPTED
5.Regular Council meeting (with the exception of the ‘In Camera’ portion) - January 12, 1999 ADOPTED
6.Special Council meeting (Provincial Liquor Licensing Regulations) - January 14, 1999 ADOPTED
COMMITTEE OF THE WHOLE
UNFINISHED BUSINESS
1. Policies for Changes to the
Provincial Liquor Licensing Regulations
On January 14, 1999, Vancouver City Council heard from delegations who appeared to offer their comments on the proposed policies contained in a Policy Report, dated January 12, 1999, entitled "Policies for Changes to the Provincial Liquor Licensing Regulations".
Council agreed to consider the proposed policies at the January 26, 1999 Council meeting.
Minutes 6 refer.
MOVED by Cllr. Kennedy,
THAT the following policies and issues be forwarded to the consultant responsible for the Provincial Liquor Licensing Review:
(a) THAT high potency alcohol products (e.g., rice cooking wine & ginseng brandy) be regulated by reducing the permitted alcohol content to under 20 percent and requiring all products over 20 percent alcohol to be sold through liquor stores.
(b) THAT transfer of existing liquor licenses be facilitated by changes to the provincial regulations that would allow greater flexibility in relocation and conversion of all license categories, specifically Class 蕆' Pubs in the Downtown Eastside and require municipal presite clearance/endorsement for liquor license applications for properties where an existing liquor license had previously been located.
(c) THAT timely enforcement under Liquor Control and Licensing Branch regulations be implemented which reflects the severity of the infractions by revamping the appeal process to shorten the preparation time for the appeal, and provide automatic penalties for specific infractions in the Liquor Act regulations with no provision to delay the penalty through appeal, similar to the system in Washington State.
(d) THAT trial or probationary periods for new licenses, amendments to existing licenses and transfers of existing licenses to new owners be introduced.
(e) THAT coordination of the City of Vancouver business license suspensions/closures and provincial liquor license suspensions/closures be improved by changing the regulations to require the liquor license operator to hold a valid subsisting municipal business license in good standing at all times (for those municipalities that issue business licenses) and, therefore, a suspension of the municipal business license will result in a suspension of the liquor license for the same time period and vice versa.
(f) THAT a City of Vancouver closure of a hotel result in a Liquor Control and Licensing Branch closure of the hotel's pub/beer parlour by making the constant availability of the hotel rooms a condition for the validity of the hotel's provincial liquor license.
(g) THAT the effectiveness of the existing 24 hour liquor license suspensions be improved by changing the regulations to allow the Police Department or Liquor Control and Licensing Branch inspectors to invoke the suspension within seven (7) days from the date of the infraction.
(h) THAT changes to Class 蕁' Cabaret hours of operation, subject to municipal endorsement, to permit an earlier opening time be implemented, similar to the old supper or dinner clubs, with the condition that food service be provided and required and that the suggested opening time be 4:00 or 5:00 p.m.
(i) THAT City staff enters into discussion with the Liquor Control and Licensing Branch to facilitate changing cabaret hours to permit a later closing time so that entertainment could continue, but liquor service would still terminate at 2:00 a.m., noting that the following issues need to be discussed as part of this process:
1) All alcohol is 螉ff the tables' immediately once the closing tolerance period has expired.
2) No minors are permitted during the non-alcohol service hours of operation.
3) Closing time would be limited to sometime between 4:00 a.m. and 7:00 a.m.
4) Cabarets in close proximity to residential uses require an acoustical assessment.
5) The liquor license must be maintained in good standing at all times and should infractions occur, the hours will be rolled back.
(j) THAT changes be implemented to licensing regulations to allow for specific areas or districts which would have regulations specifically tailored to the needs of that district based on municipal consultation, provided a thorough public process has been undertaken to establish municipal policy for the area.
(k) THAT the Liquor Control and Licensing Branch remove the provision which allows the licensing of non Coast Guard approved motor vessels for Class 蕆' Lounges.
(l) THAT no changes be made to the licensing regulations for restaurants. The existing legislation allows for holding bars in restaurants and staff recommends that this not be considered for expansion until improved enforcement procedures are in place.
(m) THAT Council reaffirm its position with respect to Council policy on the following issues:
support for regulation of U-Brews and U-Vins,
non-support for the licensing of billiard hall establishments,
non-support for active games or gambling in restaurants,
non-support (at that time) for the opening of liquor store outlets on Sunday and statutory holidays,
non-support (at that time) for the use of credit cards at liquor store outlets,
non-support for the licensing of casino establishments.
(n) THAT taxation revenues generated by liquor sales be used to monitor and enforce liquor regulations and for treatment and social services related to liquor abuse. - amended
AMENDMENT MOVED by Cllr. Puil,
THAT item (i) be amended to delete ....."but liquor service would still terminate at 2:00 a.m."... and substitute...."but liquor service would still terminate at 3:00 a.m...." - LOST (Councillors Bellamy, Chiavario, Herbert, Kennedy, Daniel Lee, Don Lee, Price, Sullivan and the Mayor opposed)
AMENDMENT MOVED by Cllr. Puil, THAT item (i) 3. be deleted and the following substitution be made: "3. Closing time would be 4:00 a.m.." - LOST (Councillors Bellamy, Chiavario, Clarke, Herbert, Kennedy, Daniel Lee, Don Lee, Price, Sullivan and the Mayor opposed)
AMENDMENT MOVED by Cllr. Chiavario, THAT item (m) be amended to delete the words "non-support for the licensing of casino establishments" and substitute "non-support for the licensing of casino and gaming establishments, including those located on First Nations land." - CARRIED UNANIMOUSLY
MOTION AS AMENDED:
THAT the following policies and issues be forwarded to the consultant responsible for the Provincial Liquor Licensing Review:
(a) THAT high potency alcohol products (e.g., rice cooking wine & ginseng brandy) be regulated by reducing the permitted alcohol content to under 20 percent and requiring all products over 20 percent alcohol to be sold through liquor stores.
(b) THAT transfer of existing liquor licenses be facilitated by changes to the provincial regulations that would allow greater flexibility in relocation and conversion of all license categories, specifically Class 蕆' Pubs in the Downtown Eastside and require municipal presite clearance/endorsement for liquor license applications for properties where an existing liquor license had previously been located.
(c) THAT timely enforcement under Liquor Control and Licensing Branch regulations be implemented which reflects the severity of the infractions by revamping the appeal process to shorten the preparation time for the appeal, and provide automatic penalties for specific infractions in the Liquor Act regulations with no provision to delay the penalty through appeal, similar to the system in Washington State.
(d) THAT trial or probationary periods for new licenses, amendments to existing licenses and transfers of existing licenses to new owners be introduced.
(e) THAT coordination of the City of Vancouver business license suspensions/closures and provincial liquor license suspensions/closures be improved by changing the regulations to require the liquor license operator to hold a valid subsisting municipal business license in good standing at all times (for those municipalities that issue business licenses) and, therefore, a suspension of the municipal business license will result in a suspension of the liquor license for the same time period and vice versa.
(f) THAT a City of Vancouver closure of a hotel result in a Liquor Control and Licensing Branch closure of the hotel's pub/beer parlour by making the constant availability of the hotel rooms a condition for the validity of the hotel's provincial liquor license.
(g) THAT the effectiveness of the existing 24 hour liquor license suspensions be improved by changing the regulations to allow the Police Department or Liquor Control and Licensing Branch inspectors to invoke the suspension within seven (7) days from the date of the infraction.
(h) THAT changes to Class 蕁' Cabaret hours of operation, subject to municipal endorsement, to permit an earlier opening time be implemented, similar to the old supper or dinner clubs, with the condition that food service be provided and required and that the suggested opening time be 4:00 or 5:00 p.m.
(i) THAT City staff enters into discussion with the Liquor Control and Licensing Branch to facilitate changing cabaret hours to permit a later closing time so that entertainment could continue, but liquor service would still terminate at 2:00 a.m., noting that the following issues need to be discussed as part of this process:
1. All alcohol is 螉ff the tables' immediately once the closing tolerance period has expired.
2. No minors are permitted during the non-alcohol service hours of operation.
3. Closing time would be limited to sometime between 4:00 a.m. and 7:00 a.m.
4. Cabarets in close proximity to residential uses require an acoustical assessment.
5. The liquor license must be maintained in good standing at all times and should infractions occur, the hours will be rolled back.
(j) THAT changes be implemented to licensing regulations to allow for specific areas or districts which would have regulations specifically tailored to the needs of that district based on municipal consultation, provided a thorough public process has been undertaken to establish municipal policy for the area.
(k) THAT the Liquor Control and Licensing Branch remove the provision which allows the licensing of non Coast Guard approved motor vessels for Class 蕆' Lounges.
(l) THAT no changes be made to the licensing regulations for restaurants. The existing legislation allows for holding bars in restaurants and staff recommends that this not be considered for expansion until improved enforcement procedures are in place.
(m) THAT Council reaffirm its position with respect to Council policy on the following issues:
support for regulation of U-Brews and U-Vins,
non-support for the licensing of billiard hall establishments,
non-support for active games or gambling in restaurants,
non-support (at that time) for the opening of liquor store outlets on Sunday and statutory holidays,
non-support (at that time) for the use of credit cards at liquor store outlets,
non-support for the licensing of casino and gaming establishments, including those located on First Nations land.
(n) THAT taxation revenues generated by liquor sales be used to monitor and enforce liquor regulations and for treatment and social services related to liquor abuse. - CARRIED (Councillor Sullivan opposed to item (a), and Councillor Puil opposed to item (h) )
MOVED by Cllr. Kennedy,
THAT Council communicate to the Province its position that any changes to liquor regulations or policies specific too entertainment endorsements, seating capacity, service of alcohol without food in restaurants, off-sales, liquor license renewals, enforcement, hours of operation, minors in licensed premises and definition changes for licensed premises, be considered only after local governments have been given an opportunity for direct input into the process; and
THAT copies of the Policy Report dated January 12, 1999 entitled "Policies for Changes to the Provincial Liquor Licensing Regulations" and resulting Council action be sent to:
General Manager, Liquor Control and Licensing Branch,
Jo Surich, Transformation Solutions,
Ken Vance, Union of British Columbia Municipalities, (UBCM). - CARRIED UNANIMOUSLY
COMMUNICATIONS AND/OR PETITIONS
LATE DISTRIBUTION
1. FCM Resolutions APPROVED
MOVED by Cllr. Bellamy,
THAT the following resolutions be forwarded to the FCM Secretariat for submission to the FCM Annual Conference, June 4-7, 1999: (a) Year 2000
"WHEREAS there is international concern over the fact that computerized business systems and equipment may not work properly when processing dates on or beyond January 1, 2000;
AND WHEREAS this concern may affect public services provided by all levels of governments, the specifics of which may be impossible to identify in advance, even with the exercise of due care and diligence in preparing for the transition to the year 2000;
AND WHEREAS it is in the public interest and in the interest of all levels of government to promote the free exchange of information on how systems and facilities are likely to function during the transition to the year 2000.
THEREFORE BE IT RESOLVED THAT the FCM petition the Federal Government to enact legislation, in conjunction with or supplemental to Provincial legislation if appropriate,
to hold harmless all levels of government from any claims and all liability that arises from any Year 2000 compliance deficiency, and
to hold harmless anyone who provides information about the compliancy of systems or equipment, from any claims and all liability associated with the accuracy of the information provided the information is provided honestly and in good faith"
(b) GST on Street Parking Fees
WHEREAS the collection of GST on parking meters and other street parking fees on municipal streets is clearly a tax on local government revenues;
AND WHEREAS the payment of GST is not made directly by the user of parking meters, but by the municipality as most parking meters cannot be adjusted to add 7%;
AND WHEREAS other similar coin-operated equipment such as pay phones and vending machines have been exempted;
AND WHEREAS many services are being downloaded by senior governments on to municipalities without adequate funding;
BE IT RESOLVED that the FCM urge the Federal Government to amend the GST tax legislation to properly exempt Street parking fees from GST. - CARRIED UNANIMOUSLY
ADMINISTRATIVE REPORTS
1.1998 Baxter Fund Grants Information Report RECEIVED FOR INFORMATION
2.1270 Chestnut Street (Vancouver Academy of Music) - Lease APPROVED
3.Insurance Corporation of British Columbia - Funding for Road Safety Improvements APPROVED
4.Contract Extension - Contract No. 58-98-03; Supply of Ready-mixed Concrete APPROVED
5.Form of Development: 2934 East 22nd Avenue
DE403702 - CD-1 By-law Number 5343
Owner of Development: Three Links Care Centre APPROVED
6.Form of Development: 1601 West Georgia Street
DE403684 - CD-1 By-law Number 7232
Owner of Development: Aoki Corporation APPROVED
7.Authority to Travel to Calgary, Alberta for the Urban Transportation Council Meeting - February 27-28, 1999 APPROVED
8.City Lease of a Low-Income Artist Live/Work Studio in a Market Development at 428 West 8th Avenue APPROVED
POLICY REPORTS
1.CD-1 Rezoning of 1316-1336 West 11th Avenue APPROVED
2.Proposed Regional Context Statement Official Development Plan APPROVED
3.Co-management Principles - Major Road Network
(i) Letter, dated January 25, 1999, from Bill Christian
REFERRED TO CITY SERVICES & BUDGETS COMMITTEE MEETING ON FEBRUARY 4, 1999, AT 9:30 A.M.
RISE FROM COMMITTEE OF THE WHOLE
ADOPT REPORT OF COMMITTEE OF THE WHOLE
BY-LAWS
1.A By-law to amend By-law No. 6510, being the Sign By-law (6691-6699 Victoria Drive) APPROVED BY-LAW #7966
2.A By-law to amend By-law No. 7832, being the Solid Waste and Recycling By-law APPROVED BY-LAW #7967
3.A By-law to amend By-law No. 6510, being the Sign By-law (Amendments to Establish New Regulations for Downtown Granville Street) APPROVED BY-LAW #7968
4.A By-law to amend By-law No. 7246, being a By-law which amended the Zoning and Development By-law by rezoning an Area to CD-1 (7246 Burrard Street [former Vancouver Public Library] Transfer of Density for 1200 Hamilton Street) APPROVED BY-LAW #7969
5.A By-law to amend By-law No. 7246, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (750 Burrard Street [former Vancouver Public Library] Transfer of Density for 1001 Hornby Street [Second Transfer for this Property]) APPROVED BY-LAW #7970
6.A By-law to amend By-law No. 3575, being the Zoning and Development By-law (1001 Hornby Street, 1050 and 1088 Burrard Street [Wall Centre] Rezoning - DD to CD-1) APPROVED BY-LAW #7971
MOTIONS
NOTICE OF MOTION
ENQUIRIES AND OTHER MATTERS
1. Re-instatement of Municipal Equalization Grants File: 1756
Councillor Kennedy advised that in view of the Provincial Government's recent decision to eliminate municipal equalization grants, and the Minister of Municipal Affair's reluctance to approach Cabinet seeking restoration of the grants, the UBCM Executive Committee has informed the Minister of Municipal Affairs that it will no longer be participating in the Joint Council.
Councillor Kennedy suggested that the Mayor write to the Minister of Municipal Affairs expressing City Council's complete dismay that re-instatement of the Province's unconditional equalization grants would not be discussed.
Other Council members joined Councillor Kennedy in expressing their concern over this loss in revenue, coupled with previous revenue cuts, and their shock at the manner in which the cuts were made.
The Mayor so agreed.
2. Immigration and Refugee Policy File: 6001
Councillor Clarke referred to a white paper entitled "Immigration and Refugee Policy" which has been circulated by the Province, seeking comments from the public by March 31, 1999. She suggested the paper be forwarded to Council's Advisory Committee on Cultural Communities for review and report back to Council with appropriate comments for consideration.
The Mayor so agreed.
3. Home Invasions File: 3701
Councillor Clarke acknowledged there has been a marked increase in the number of home invasions in Vancouver recently, particularly where elderly people reside. She requested that the Police Department provide a report reference at a future Council meeting on how the community, specifically seniors, can better protect itself against this type of crime.
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