COUNCIL MEETING MINUTES

Monday, 2016 September 19

An Open meeting of the City Council was held in the Council Committee Room, Burnaby City Hall, 4949 Canada Way, Burnaby, B.C. on Monday, 2016 September 19 at 6:30 p.m. followed immediately by a Closed meeting from which the public was excluded.  At the conclusion of the Closed meeting, the Open meeting was reconvened at 7:03 p.m. in the Council Chamber.

 

1.

CALL TO ORDER

 

PRESENT:           ABSENT:	His Worship, Mayor Derek R. Corrigan Councillor Sav Dhaliwal Councillor Dan Johnston Councillor Anne Kang Councillor Nick Volkow   Councillor Pietro Calendino Councillor Colleen Jordan Councillor Paul McDonell Councillor James Wang
STAFF:	Mr. Lambert Chu, City Manager Mr. Chad Turpin, Deputy City Manager Ms. Denise Jorgenson, Director Finance Mr. Dave Ellenwood, Director Parks, Recreation & Cultural Services Mr. Lou Pelletier, Director Planning and Building Mr. Dipak Dattani, Deputy Director Engineering Ms. May Leung, City Solicitor Mr. Dennis Back, City Clerk Ms. Kate O’Connell, Deputy City Clerk

 

MOVED BY councillor Volkow SECONDED BY councillor Kang

THAT the Open Council meeting do now reconvene.   CARRIED UNANIMOUSLY

 

The Open Council meeting reconvened in the Council Chamber at 7:03 p.m.

 

2.

PROCLAMATIONS

 

A)

Cops for Cancer Day (2016 September 26)

 

Councillor Kang, on behalf of His Worship, Mayor Derek R. Corrigan proclaimed Monday, 2016 September 26 as “Cops for Cancer” day in the City of Burnaby.

 

B)

International Day of Older Persons (2016 October 1)

 

His Worship, Mayor Derek R. Corrigan proclaimed Saturday, 2016 October 1 as “International Day of Older Persons” in the City of Burnaby.

 

C)	Wrongful Conviction Day (2016 October 2)

 

Councillor Johnston, on behalf of His Worship, mayor Derek R. Corrigan proclaimed Sunday, 2016 October 2 as “Wrongful Conviction Day” in the City of Burnaby.

 

3.

MINUTES

 

A)

Open Council Meeting held 2016 September 12

 

MOVED BY councillor Johnston  SECONDED BY councillor dhaliwal

THAT the minutes of the Open Council meeting held on 2016 September 12 be now adopted.   CARRIED UNANIMOUSLY

 

4.

DELEGATIONS

 

MOVED BY councillor volkow SECONDED BY councillor kang

THAT the delegations be heard.   CARRIED UNANIMOUSLY

 

A)

Burnaby Community Services & BC Poverty Reduction Coalition Re: Poverty Reduction Plan in BC Speakers:  Stephen D'Souza, Executive Director, Burnaby Community Services Trish Garner, Community Organizer, BC Poverty Reduction Coalition

 

Mr. Stephen D'Souza, Executive Director, Burnaby Community Services and Trish  Garner, Community Organizer, BC Poverty Reduction Coalition appeared before Council to request that Council endorse the development of a Provincial Poverty Reduction Plan. Burnaby’s poverty rate is currently just over 9%. Poverty related costs (e.g. health care costs, employment absenteeism, employment insurance) are far greater than the cost of implementing a poverty reduction strategy. T. Garner highlighted to Council that jobs are not the answer to poverty reduction, and the type of job and the rate of pay are paramount. Poor paying work, with inconsistent hours and little stability do not lift workers out of poverty.   

 

Arising from the presentation, Council introduced the following resolution:

 

MOVED BY COUNCILLOR JOHNSTON

SECONDED BY COUNCILLOR VOLKOW

 

WHEREAS:

 

1.            The poverty rate in British Columbia continues to be among the highest in Canada at approximately 1 in 10 using the most conservative estimate (Low Income Cut-Off – After Tax), and child poverty rates in BC are still 1 in 5;

 

2.            Many impacts of poverty are experienced at the local level, local residents pay for poverty in increased health care costs, higher crime, higher demand for community, social and charitable services, lack of school readiness, reduced school success, and lower economic productivity;

 

3.            78% of British Columbians want the Provincial Government to implement a poverty reduction plan;

 

4.            BC is the last province in Canada to have a commitment to a poverty reduction plan.

 

THEREFORE BE IT RESOLVED:

 

THAT Council advocate to the Provincial Government to develop and implement a provincial poverty reduction strategy to reduce the number of people living in poverty in BC by setting concrete targets and timelines to reduce poverty.

 

BE IT FURTHER RESOLVED:

 

THAT Council submit this resolution to the Union of British Columbia, urging the Government of BC to adopt a comprehensive and accountable provincial poverty reduction strategy to reduce the number of people living in poverty in BC by setting concrete targets and timelines to reduce poverty.

 

                                                                                                CARRIED UNANIMOUSLY

 

 

 

 

 

B)

Frederic Couton Re: Community Garden - 3785 Edinburgh Street Speaker: Frederic Couton

 

Mr. Frederic Couton, appeared before Council to speak to the activities he has undertaken on City property near his home. Mr. Couton made changes including removing blackberry bushes, hedge trimming, installing a retaining wall, top soil, grass and a raised garden bed. The speaker believes he has improved the space and is questioning the City’s requirement that the improvements be removed.

 

Council advised Mr. Couton that any changes, additions or improvements on City property require proper authorization by the City.

 

MOVED BY COUNCILLOR KANG
SECONDED BY COUNCILLOR JOHNSTON 

 

THAT staff prepare a report for Council detailing the activities undertaken on the City park land adjacent to the alleyway of 3785 Edinburgh Street.

 

                                                                                    CARRIED UNANIMOUSLY 

 

5.

REPORTS

 

MOVED BY councillor johnston SECONDED BY councillor kang

THAT Council do now resolve itself into a Committee of the Whole.   CARRIED UNANIMOUSLY

 

A)

Environment Committee Re: Cigarette Butt Deposit Return Program

 

The Environment Committee submitted a report regarding Cigarette Butt Deposit Return Program and advising that Council, at its regular meeting on 2016 May 30, unanimously endorsed the North Vancouver resolution regarding Cigarette Butt Deposit Return Program. The Environment Committee recommended:

1.         THAT Council send a letter to the Union of BC Municipalities in support of the City of North Vancouver’s resolution regarding Cigarette Butt Deposit Return Program, and the City of North Vancouver be so advised.

 

 

MOVED BY councillor Kang SECONDED BY councillor Dhaliwal

THAT the recommendation of the Environment Committee be adopted.   CARRIED UNANIMOUSLY

               

B)

Social Planning Committee Re: Truth and Reconciliation Commission of Canada – Overview of Calls to Action

 

The Social Planning Committee submitted a report providing Council with information related to the Truth and Reconciliation Commission of Canada’s Call to Action, specifically those which pertain to local governments. The Social Planning Committee recommended:

 

1.         THAT this report be received for information purposes.

 

MOVED BY councillor Volkow SECONDED BY councillor johnston

THAT the recommendation of the Social Planning Committee be adopted.   CARRIED UNANIMOUSLY

 

C)

City Manager's Report, 2016 September 19

 

The City Manager submitted a report dated 2016 September 19 on the following matters:

 

6.

MANAGER'S REPORTS

 

1.

BURNABY HOUSING PROFILE - 2016

 

The City Manager submitted a report from the Director Planning and Building to convey the “Burnaby Housing Profile – 2016” document to Council. The City Manager recommended:

1.         THAT this report be received for information purposes.

MOVED BY councillor JOhnston SECONDED BY councillor Volkow

THAT the recommendation of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

2.

RESPONSE TO THE STOP DEMOVICTIONS BURNABY DELEGATION

 

The City Manager submitted a report from the Director Planning and Building providing Council the response to the issues raised by a delegation at the 2016 May 16 meeting of Council, and providing a review of their submitted report entitled: “A Community Under Attack”.   The City Manager recommended:

 

1.         THAT a copy of this report be sent to the members of the “Stop Demovictions Burnaby Campaign” who presented to Council on 2016 May 16.

 

MOVED BY councillor Volkow SECONDED BY councillor kang

THAT the recommendation of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

3.

ADDITIONAL PROPERTY TRANSFER TAX ON FOREIGN ENTITIES IN THE METRO VANCOUVER REGION

 

The City Manager submitted a report from the Director Planning and Building providing Council with information on the Province of British Columbia’s July 2016 amendment to the Property Transfer Tax Act.   The City Manager recommended:

 

1.         THAT the Metro Vancouver Board be requested to gather municipal views on the implementation of the new Housing Priority Initiatives Fund for conveyance to the Provincial Government, as outlined in this report.

 

2.         THAT the Provincial Government be requested to consult with local governments on data collection and analysis as it relates to the Property Transfer Tax to improve the understanding of investment in the property market and the policy basis for application of the tax going forward.

 

3.         THAT a copy of this report be sent to all Burnaby MLAs.

 

MOVED BY councillor Johnston SECONDED BY councillor Kang

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

 

 

4.

4327 DUNDAS STREET, BURNABY, BC LOT 30, BLK 14, DL 187, PLAN NWP 1282

 

The City Manager submitted a report from the Director Planning and Building requesting a Council resolution to file a Notice in the Land Title Office pursuant to Section 57 of the Community Charter, with respect to a property in contravention of City bylaws. The City Manager recommended:

 

1)            THAT Council direct the City Clerk to file a Notice in the Land Title Office against title to the subject property stating that:

 

a)            A resolution relating to the land has been made under Section 57 of the Community Charter; and,  

           

b)            Further information respecting the resolution may be inspected at the offices of the City Clerk, City of Burnaby.

 

2)            THAT a copy of this report be sent to the registered owner:

 

Sandy Infanti                                                                       

4327 Dundas Street

Burnaby, BC V5C 1B4                               

 

MOVED BY councillor Volkow SECONDED BY councillor Kang

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

5.

BURNABY FIRE DEPARTMENT 2015 ANNUAL REPORT

 

The City Manager submitted a report from the Fire Chief providing Council with the Burnaby Fire Department’s 2015 Annual Report.   The City Manager recommended:

1.         THAT this report be received for information purposes.

MOVED BY councillor Kang SECONDED BY councillor johnston

THAT the recommendation of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

6.

REMEMBRANCE DAY PARADE – SOUTH BURNABY – 2016 NOVEMBER 11

 

The City Manager submitted a report from the Director Engineering seeking Council approval for a Remembrance Day Parade on Friday, 2016 November 11. The City Manager recommended:

 

1.                  THAT Council approve the parade as discussed in this report.

 

2.                  THAT the coordinator of the event, Peter Pasanen, Royal Canadian Legion #83, 5289 Grimmer St, Burnaby, BC V5H 2H3, be sent a copy of this report.

 

MOVED BY councillor kang SECONDED BY councillor johnston

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

7.

CONTRACT INCREASE AND EXTENSION SUPPLY AND MAINTENANCE OF DIGITAL MULTIFUNCTION COPIERS

 

The City Manager submitted a report from the Director Finance seeking Council approval for a contract extension and increase for the supply and maintenance of digital multifunction copiers. The City Manager recommended:

 

1.         THAT Council approve a contract increase to Xerox Canada for $168,000 including taxes in the amount of $18,000 for a total revised contract value of $324,800 including taxes.

 

 2.        THAT Council approve a contract extension with Xerox Canada for an eight month period from July 01, 2016 to February 28, 2017 as outlined in this report.

 

MOVED BY councillor volkow SECONDED BY councillor kang

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

 

 

 

8.

REZONING REFERENCE #15-28 COMMERCIAL PODIUM, UNDERGROUND PARKING, AND PUBLIC REALM COMPONENTS ON THE LOUGHEED TOWN CENTRE PHASE 1 SITE LOUGHEED TOWN CENTRE PLAN

 

The City Manager submitted a report from the Director Planning and Building seeking Council authorization to forward this application to a Public Hearing on 2016 October 25. The purpose of the proposed zoning bylaw amendment is to permit construction of the commercial podium, underground parking and public realm components on the Phase 1 site, within the Lougheed Town Centre Core Area. The City Manager recommended:

 

1.         THAT a Rezoning Bylaw be prepared and advanced to First Reading on 2016 October 03 and to a Public Hearing on 2016 October 25 at 7:00 p.m.

 

2.         THAT the following be established as prerequisites to the completion of the rezoning:

 

a)            The submission of a suitable plan of development.

 

b)            The deposit of sufficient monies, including a 4% Engineering Inspection Fee, to cover the costs of all services necessary to serve the site and the completion of a servicing agreement covering all requisite services.  All services are to be designed to City standards and constructed in accordance with the Engineering Design.  One of the conditions for the release of occupancy permits will be the completion of all requisite services.

 

 

d)            The submission of an Undertaking to remove all improvements prior to Final Adoption, but not prior to Third Reading of the Bylaw.  Demolition of any improvements will be permitted after Second Reading of the Rezoning Bylaw has been granted provided that the applicant acknowledges that such permission does not fetter Council’s ability to grant or not to grant Third Reading and/or Final Adoption of the Rezoning Bylaw. In addition, the demolition of any improvements will be permitted at any time if they are vacant and considered by staff to be subject to misuse and vandalism.  If requested, demolition may be delayed to more closely coincide with approval of building permits.

 

e)            The dedication of any rights-of-way deemed requisite.

 

 

h)           The granting of any necessary Section 219 Covenants, including those listed in Section 5.5 of this report.

 

i)             The review of a detailed Sediment Control System by the Director Engineering.

 

j)              The submission of a suitable on-site stormwater management system to the approval of the Director Engineering, the deposit of sufficient monies for its provision, and the granting of a Section 219 Covenant to guarantee its provision and continuing operation.

 

 

 

 

o)            The submission of a suitable Solid Waste and Recycling Plan to the approval of the Director Engineering.

 

p)            The submission of a Site Profile and resolution of any arising requirements.

 

q)            The submission of a detailed Comprehensive Sign Plan.

 

r)             The submission of a detailed Public Art Plan.

 

s)            The submission of a detailed construction management plan including a schedule for the construction/development phasing of the subject proposal.

 

t)             The deposit of the applicable GVS & DD Sewerage Charge.

 

MOVED BY councillor Johnston SECONDED BY councillor Dhaliwal

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

9.

REZONING REFERENCE #15-29 HIGH-RISE APARTMENT (TOWER 1 ) IN THE LOUGHEED TOWN CENTRE PHASE 1 SITE LOUGHEED TOWN CENTRE PLAN

 

The City Manager submitted a report from the Director Planning and Building seeking Council authorization to forward this application to a Public Hearing on 2016 October 25. The purpose of the proposed zoning bylaw amendment is to permit construction of the first residential tower on the Lougheed Core Area Phase 1, within the Lougheed Town Centre Core Area. The City Manager recommended:

 

1.         THAT a Rezoning Bylaw be prepared and advanced to First Reading on 2016 October 03, and to a Public Hearing on 2016 October 25 at 7:00 p.m.

           

2.         THAT the following be established as prerequisites to the completion of the rezoning:

 

a)            The submission of a suitable plan of development.

 

§  restricting enclosure of balconies;

§  ensuring compliance with the approved acoustical study;

§  ensuring that the density of development of air space parcels and strata lots comply with the approved CD zoning and density allocation covenant for the site and to ensure that the overall site continues to function as a single, integrated development; and,

§  restricting the use of guest rooms.

d)         The design and provision of units adaptable to persons with disabilities, the provision of customized hardware and cabinet work being subject to the sale/lease of the unit to a disabled person and with allocated disabled parking spaces.

 

 

 

 

h)        The submission of a suitable Solid Waste and Recycling Plan to the approval of the Director Engineering.

 

i)          The deposit of the applicable Parkland Acquisition Charge.

 

j)          The deposit of the applicable GVS & DD Sewerage Charge.

 

k)         The deposit of the applicable School Site Acquisition Charge.

 

l)          The completion of Rezoning Reference #15-28.

 

m)        The submission of a written undertaking to distribute area plan notification forms, prepared by the City, with disclosure statements; and, to post area plan notification signs, also prepared by the City, on the development site and in the sales office in prominent and visible locations prior to Third Reading, or at the time marketing for the subject development commences, whichever is first, and remain posted for a period of one year, or until such time that all units are sold, whichever is greater.

 

MOVED BY councillor Volkow SECONDED BY councillor Johnston

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

10.

REZONING REFERENCE #16-04 INSTALLATION OF ROOFTOP ANTENNA FACILITY

 

The City Manager submitted a report from the Director Planning and Building seeking Council authorization to forward this application to a Public Hearing on 2016 October 25. The purpose of the proposed zoning bylaw amendment is to permit the installation of rooftop antennas and ancillary equipment. The City Manager recommended:

1.         THAT a Rezoning Bylaw be prepared and advance to First Reading on 2016 October 03 and to Public Hearing on 2016 October 25 at 7:00 p.m.

 

2.         THAT the following be established as prerequisites to the completion of the rezoning:

 

a)         The submission of a suitable plan of development.

 

b)         the granting of any necessary Covenants, including, but not necessarily limited to, Section 219 Covenant guaranteeing the removal of the antennas should ECOMM cease to operate them.

 

MOVED BY councillor Johnston SECONDED BY councillor Kang

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

11.	REZONING REFERENCE #16-23 MID-RISE RESIDENTIAL BUILDING WITH TOWNHOUSE PODIUM

 

The City Manager submitted a report from the Director Planning and Building seeking Council authorization to forward this application to a Public Hearing on 2016 October 25. The purpose of the proposed zoning bylaw amendment is to permit the development of a 13 storey apartment building with a townhouse podium. The City Manager recommended:

 

1.            The submission of a suitable plan of development.

 

2.            The deposit of sufficient monies, including a 4% Engineering Inspection Fee, to cover the costs of all services necessary to serve the site and the completion of a servicing agreement covering all requisite services.  All services are to be designed to City standards and constructed in accordance with the Engineering Design.  One of the conditions for the release of occupancy permits will be the completion of all requisite services.

 

a)         The installation of all electrical, telephone and cable servicing, and all other wiring underground throughout the development, and to the point of connection to the existing service where sufficient facilities are available to serve the development.

 

b)         The granting of any necessary Section 219 Covenants, including covenants restricting enclosure of balconies and providing that all disabled parking remains as common property.

 

c)         The review of a detailed Sediment Control System by the Director Engineering.

 

d)         The submission of a suitable on-site stormwater management system to the approval of the Director Engineering, the deposit of sufficient monies for its provision, and the granting of a Section 219 Covenant to guarantee its provision and continuing operation.

 

e)         The submission of a suitable Solid Waste and Recycling Plan to the approval of the Director Engineering.

 

f)          The provision of covered car wash stalls and adequately sized and appropriately located garbage handling and recycling material holding space and a commitment to implement the recycling provisions.

 

g)         Compliance with the guidelines for underground parking for visitors.

 

h)        The deposit of the applicable GVS & DD Sewerage Charge.

 

i)          The submission of a written undertaking to distribute area plan notification forms, prepared by the City, with disclosure statements; and, to post area plan notification signs, also prepared by the City, on the development site and in the sales office in prominent and visible locations prior to Third Reading, or at the time marketing for the subject development commences, whichever is first, and remain posted for a period of one year, or until such time that all units are sold, whichever is greater.

 

j)          The deposit of the applicable GVS & DD Sewerage Charge.

 

k)         The submission of a written undertaking to distribute area plan notification forms, prepared by the City, with disclosure statements; and, to post area plan notification signs, also prepared by the City, on the development site and in the sales office in prominent and visible locations prior to Third Reading, or at the time marketing for the subject development commences, whichever is first, and remain posted for a period of one year, or until such time that all units are sold, whichever is greater.

 

MOVED BY councillor kang SECONDED BY councillor johnston

THAT the recommendations of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

12.

RETIREMENTS

 

The City Manager submitted a report from the Director Human Resources informing Council of the retirement from January to June 2016:

 

Larry Ford                                  Building                        23 years

Lynne Axford                                                                   Clerks     23 years

Terrance Marshall                    Engineering                 29 years

Alan McGlashan                      Engineering                 34 years

Steven Cotterell                        Engineering                 21 years

William Beenham                     Engineering                 39 years

Nelson Porter                            Engineering                 14 years

David Mann                               Engineering                 32 years

Chuck MacIndoe                      Engineering                 31 years

Liam McCaughey                     Engineering                 30 years

Venita O’Meara                         Engineering                 29 years

Stuart Imre                                 Engineering                 36 years

Jeffrey Wilson                           Engineering                 25 years

Douglas McDonald                  Fire                                34 years

Greg Mervin                               Fire                                38 years

Scott Morrow                             Fire                                30 years

Ron Barker                                Fire                                28 years

Ben English                              Fire                                29 years

James Butts                               Fire                                28 years

Joanne Stinson                        Human Resources     11 years

Bruce Rose                               Legal and Lands         24 years

Daniel Cooper                          Parks                             18 years

Donna Iacobellis                      Planning                      27 years

Nazlin Hirji                                 RCMP                           29 years

 

The City Manager recommended:

1.         THAT this report be received for informational purposes.

MOVED BY councillor johnston SECONDED BY councillor kang

THAT the recommendation of the City Manager be adopted.   CARRIED UNANIMOUSLY

 

MOVED BY councillor Kang SECONDED BY councillor johnston

THAT the Committee now rise and report.   CARRIED UNANIMOUSLY

MOVED BY councillor dhaliwal SECONDED BY councillor johnston

THAT the report of the Committee be now adopted.   CARRIED UNANIMOUSLY

 

7.

BYLAWS

 

First, Second and Third Reading

 

A)

Burnaby Capital Works, Machinery and Equipment Reserve Fund Expenditure Bylaw No. 34, 2016

13647

 

MOVED BY councillor johnston SECONDED BY councillor Volkow

THAT Bylaw No. 13647 be now introduced and read three times.   CARRIED UNANIMOUSLY

 

Consideration and Third Reading

 

B)

Burnaby Zoning Bylaw 1965, Amendment Bylaw No. 40, 2015 - Rez. #15-13 (4350/56 Albert Street)

13557

 

MOVED BY councillor johnston  SECONDED BY councillor Volkow

THAT Bylaw No. 13557 be now considered and read a third time.   CARRIED UNANIMOUSLY

 

Reconsideration and Final Adoption

 

C)

Burnaby Zoning Bylaw 1965, Amendment Bylaw No. 32, 2015 - Rez. #14-35 (2338 & 2440 Madison Avenue)

13528

 

D)

Burnaby Zoning Bylaw 1965, Amendment Bylaw No. 4, 2016 - Rez. #12-43 (4630 Kingsway & 6080 McKay Avenue)

13576

 

E)

Burnaby Capital Works, Machinery and Equipment Reserve Fund Expenditure Bylaw No. 33, 2016

13646

 

 

 

 

 

 

MOVED BY councillor johnston  SECONDED BY councillor Volkow

THAT Bylaw No. 13528, 13576, and 13646 be now reconsidered and Finally Adopted, signed by the Mayor and Clerk and the Corporate Seal affixed thereto.   CARRIED UNANIMOUSLY

 

8.

NEW BUSINESS

 

There was no new business brought before Council at this time.

 

9.

INQUIRIES

 

There were no inquiries brought before Council at this time.

 

10.

ADJOURNMENT

 

MOVED BY councillor Kang SECONDED BY councillor Johnston

THAT this Open Council meeting do now adjourn.   CARRIED UNANIMOUSLY

 

The Open Council meeting adjourned at 8:59 p.m.

 

 

Confirmed:	Certified Correct:
________________________	________________________
Mayor	City Clerk