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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT COMMITTEE

JUNE 14, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, June 14, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor Lynne Kennedy, Chair Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Daniel Lee Councillor Don Lee, Vice-Chair Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager Brent MacGregor, Deputy City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of May 17, 2001, were adopted.

RECOMMENDATION

1. Nuisance Property at 7060 Quebec Street (File 2701)

The Committee had before it an Administrative Report dated May 18, 2001, in which the City Building Inspector recommended Council declare the condition of the property at 7060 Quebec Street a nuisance and order the property owner and/or occupier to clean up the property. The City Building Inspector also recommended Council authorize the Director of

Legal Services to commence a legal action or proceeding in relation to the premises, if she deems it necessary to do so. The General Manager of Community Services concurred with the recommendations.

Mike Twynstra, Manager, Property Use Inspectors, with the aid of photographs, reviewed the condition of the property and provided a rationale for the recommendations contained in the Administrative Report. In response to a question, Mr. Twynstra noted the occupier of the property, Glenn Struss, was the son of the registered owner, who is now deceased.

Glenn Struss spoke in opposition to the recommendations and advised the photographs shown do not depict the property in its current state. He noted he has lived on the property for over 50 years, and there have been no complaints made by either of his next-door neighbours.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council declare that the condition of the property at 7060 Quebec Street, Lot C, Block 3, Plan 8469, District Lot 655 W Hlf, PID 010-057-293 is a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated May 18, 2001, entitled Nuisance Property at 7060 Quebec Street, and order the Registered owner and/or occupier of the land to remove the debris, miscellaneous items, used building materials, dismantled vehicles, furniture and bicycles within 30 days of a copy of the resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner/occupier to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work noted in Recommendation B above, carried out at the expense of the owner.

D. THAT in the event that the owner/occupier fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 7060 Quebec Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this site into compliance with City By-laws.

CARRIED UNANIMOUSLY

2. Demolition of Nuisance/Dangerous Building at 207 Union Street and

796 Main Street (File 2701)

The Committee had before it an Administrative Report dated May 23, 2001, in which the City Building Inspector recommended Council declare the property at 207 Union Street/796 Main Street a nuisance and dangerous to public safety and order the owner of the property to demolish the building, remove the demolition debris, and provide a chain link fence around the perimeter of the property. The City Building Inspector further recommended a 336D notice be filed against the title to the property to warn prospective purchasers they may suffer significant expense should the order of Council be enforced against them. The General Manager of Community Services recommended approval of the foregoing.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, reviewed the condition of the building and the rationale for the recommendation that it be demolished. He further noted that the owner had applied to restore the building to its last use (rooming house) which is no longer an allowed use.

Vincent Fodera, Greekside Investments, owner, spoke in opposition to the recommendations. Mr. Fodera advised he purchased the building recently with the intent of redeveloping it to provide needed housing in the area. He was not told by the previous owner that the building was condemned. Mr. Fodera noted the building was strong and was worth saving.

Peter Cruickshank spoke in support of the recommendations contained in the Administrative Report, noting he owns an adjacent site and has heard many complaints about the condition of the subject building. Mr. Cruickshank noted the costs to restore the building would be prohibitive.

Mr. Sweeney responded to questions regarding building code relaxations, and the estimated costs to renovate the building up to code.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council declare that the building at 207 Union Street and 796 Main Street, Lot 10, Block 20, District Lot 196, Plan 184, PID 015-644-316 is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated May 23, 2001, entitled Demolition of Nuisance/Dangerous Building at 207 Union Street and 796 Main Street, and order the Registered owner of the property to demolish the building, remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work outlined in Recommendation B above carried out at the expense of the owner.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 207 Union Street and 796 Main Street , in order to warn any prospective purchasers that as a result of the condition of the building and Council's Resolution, the purchaser could suffer a significant expense if the order of Council were enforced against him.

CARRIED UNANIMOUSLY

3. Annual Khalsa Diwan Society Vaisakhi Parade (File 4201)

The Committee had before it an Administrative Report dated June 4, 2001, in which the General Manager of Engineering Services, in consultation with the Vancouver Police Department, recommended that Council waive the $10,000 fee for the use of closed streets for the Khalsa Diwan Society Vaisakhi Parade held on April 14, 2001, given the overall success of the event.

Susan Clift, Projects Engineer, reviewed the report and noted the conditions for waiving the $10,000 levy had been met and the event was very successful.

Councillors commended staff and parade organizers for their good work on this event.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

THAT Council waive the fee of $10,000 for the use of closed streets or portions thereof, pursuant to the street use and Traffic By-Law, given the positive response by the organizers to the conditions set by Council, and the overall success of the 2001 Khalsa Diwan Society Vaisakhi Parade.

CARRIED UNANIMOUSLY

4. Approval of 2001 Special Events (File 4201)

The Committee had before it an Administrative Report dated June 4, 2001, in which the General Manager of Engineering Services recommended Council approve the 2001 special events listed in Appendix A of the report. It was also recommended Council approve a permanent start time of 9:00 a.m. for the Vancouver Sun Run, and that the Molstar Snow Jam be approved, subject to acceptable arrangements being agreed upon.

Susan Clift, Projects Engineer, reviewed the Administrative Report and, along with Muriel Honey, Manager, Films and Special Events Office, responded to questions regarding sponsorship of certain events and costs charged to event organizers.

MOVED by Mayor Owen
THAT the Committee recommend to Council

A. THAT the Special Events listed in Appendix A of the Administrative Report dated June 4, 2001, entitled Approval of 2001 Special Events, be approved, subject to staff working out acceptable arrangements with the event organizers.

B. THAT the Molstar Snow Jam be approved, subject to the FEST Committee and the organizers working out acceptable arrangements.

C. THAT the 9:00 am start time for the Vancouver Sun Run be approved on a permanent basis.

CARRIED UNANIMOUSLY

The Committee adjourned at 3:25 p.m.

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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JUNE 14, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, June 14, 2001, at 3:25 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

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 Brent MacGregor, Deputy City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

VARY AGENDA

The Committee agreed to vary the Agenda in order to consider an item under Unfinished Business.

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

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

CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Anti-Graffiti Initiatives (File 3501)

At its meeting on May 17, 2001, the Standing Committee on City Services and Budgets had for consideration an Administrative Report dated May 7, 2001, in which the General Managers of Engineering Services and Community Services advised Council of the City's current anti-graffiti activities and recommended a series of initiatives which will improve the City's response to incidents of graffiti, particularly on private property. The Committee concluded hearing from speakers and referred decision on the matter to the Council meeting immediately following the Planning and Environment Committee meeting that afternoon. Council subsequently postponed decision on this matter to a future meeting.

Before Council this day were revised recommendations submitted by the General Manager of Engineering Services. Dave Rudberg, General Manager of Engineering Services, advised that these recommendations were being put forward for Council's consideration as an interim step, in order to enable staff to move forward on the public component of graffiti removal, while also initiating a public process with regard to private property, for report back to Council.

MOVED by Councillor Bass

A. THAT an expanded program initiative be approved which initially includes the program as outlined in the table on page 10 of the Administrative Report dated May 7, 2001 (revised to remove non-operations staff), with funding in 2001 in the amount of $300,000 provided from the Contingency Reserve.

B. THAT as a condition of continued placement on the City Street Allowance, owners of furniture or amenities (e.g. newsboxes, bus shelters, utility kiosks, garbage containers, hoarding, etc.) be required to remove graffiti within three working days from the date of notification by the City unless a weekly inspection and cleaning program, acceptable to the City, is implemented. Further that any offensive or racist graffiti be removed within 24 hours of notification.

C. THAT Engineering Services and Community Services Staff continue graffiti removal outreach by involving community organizations, schools, BIA's, business associations and others in jointly undertaking graffiti removal.

D. THAT staff be requested to report back on the elements of an expanded anti-graffiti program with emphasis on the following elements:

i. enforcement and prosecution options for graffiti perpetrators;

ii. eradication programs on private property including options for City assistance and support;
iii. education programs which increase public awareness and support for this program;
iv. alternative regulatory approaches to the sale of graffiti materials and supplies;
v. corporate sponsorships and partnerships for delivery of the anti-graffiti program;
vi. additional resource needs to address graffiti on publicly owned buildings, including park facilities;
vii. options for City funding for an expanded mural program; and

FURTHER THAT these measures be reviewed in consultation with all of the interest groups, including BIAs, graffiti removal contractors, community associations and others.

E. THAT evening public consultation meetings on anti-graffiti initiatives be initiated upon completion of the report back in paragraph D above.

postponed

MOVED by Councillor Puil

THAT Councillor Bass' motions be postponed for 10 minutes.

carried

Councillor Louis requested that the motion to postpone be voted on separately for each of Councillor Bass' motions.

The Mayor ruled the postponement motion would deal with all of Councillor Bass' motion at once. Councillor Louis challenged the decision of the Mayor.

The Mayor then put the question:

Shall the decision of the Chair be sustained?

(Councillors Bass and Louis opposed)

A two-thirds majority is required to overrule the decision of the Chair. Therefore, the decision of the Chair was SUSTAINED. Councillor Puil's motion to postpone was then CARRIED with Councillors Bass, Clarke and Louis opposed.

MOVED by Councillor Puil

1. THAT staff be directed to send out a Request for Proposals to appropriate contractors, along with specifications for a six-month contract for graffiti removal from public property, in order to determine costs; and further that this process be completed within one month.

carried

MOVED by Councillor Louis

THAT Councillor Puil's motion be postponed.

LOST
(Councillors Bass, Clarke, Kennedy, Daniel Lee, Don Lee, McCormick, Price, Puil, Sullivan and the Mayor opposed)

The motion to postpone having lost, Councillor Puil's motion was CARRIED with Councillors Bass and Louis opposed.

MOVED by Councillor Bass

THAT an expanded program initiative be approved which initially includes the program as outlined in the table on page 10 of the Administrative Report dated May 7, 2001 (revised to remove non-operations staff), with funding in 2001 in the amount of $300,000 provided from the Contingency Reserve.

LOST
(Councillors Kennedy, Daniel Lee, Don Lee, Louis, McCormick, Price, Puil, and Sullivan opposed)

MOVED by Councillor Bass

2. THAT as a condition of continued placement on the City Street Allowance, owners of furniture or amenities (e.g. newsboxes, bus shelters, utility kiosks, garbage containers, hoarding, etc.) be required to remove graffiti within three working days from the date of notification by the City unless a weekly inspection and cleaning program, acceptable to the City, is implemented. Further that any offensive or racist graffiti be removed within 24 hours of notification.

3. THAT Engineering Services and Community Services Staff continue graffiti removal outreach by involving community organizations, schools, BIA's, business associations and others in jointly undertaking graffiti removal.

CARRIED
(Councillor Louis opposed)

MOVED by Councillor Clarke

4. THAT the City communicate in writing with all the properties (owners or tenants) which have graffiti on the importance of addressing the removal of graffiti aggressively; and further to alert them that the City will be moving forward with anti-graffiti programs including Education, Enforcement and Eradication and to request their input on solutions.

CARRIED
(Councillors Louis and McCormick opposed)

MOVED by Councillor Bass

5. THAT staff be requested to report back on the elements of an expanded anti-graffiti program with emphasis on the following elements:

i. enforcement and prosecution options for graffiti perpetrators;
ii. eradication programs on private property including options for City assistance and support;
iii. education programs which increase public awareness and support for this program;
iv. alternative regulatory approaches to the sale of graffiti materials and supplies;
v. corporate sponsorships and partnerships for delivery of the anti-graffiti program;
vi. additional resource needs to address graffiti on publicly owned buildings, including park facilities;
vii. options for City funding for an expanded mural program; and

FURTHER THAT these measures be reviewed in consultation with all of the interest groups, including BIAs, graffiti removal contractors, community associations and others.

6. THAT evening public consultation meetings on anti-graffiti initiatives be initiated upon completion of the report back in paragraph 5 above.

CARRIED
(Councillor Louis opposed to 5(i)-(vi))
(Councillors Price and Puil opposed to 5(vii))
(Councillors Clarke, Kennedy, Price, Puil and the Mayor opposed to 6)

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
June 14, 2001

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:

Cl.1: Nuisance Property at 7060 Quebec Street
Cl.2: Demolition of Nuisance/Dangerous Building at 207 Union Street and

796 Main Street

Cl.3: Annual Khalsa Diwan Society Vaisakhi Parade
Cl.4: Approval of 2001 Special Events

MOVED by Councillor Kennedy

THAT the recommendations of the Committee, as contained in Clauses 1-4 of this report, be approved.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor McCormick

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Daniel Lee

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

CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Councillor Clarke (File 1254)

MOVED by Councillor McCormick

THAT Councillor Clarke be granted Leave of Absence for the evening of June 14, 2001.

CARRIED UNANIMOUSLY

2. Death of Former Vancouver School Board Chair (File 1055)

Councillor McCormick advised of the recent passing of Carol McRae, a former Chair of the Vancouver School Board.

3. Street Construction Downtown (File 5809)

Councillor Price expressed concern regarding street construction currently underway on Nelson and Smithe Streets.

The Council adjourned at 4:15 p.m.

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(c) 1998 City of Vancouver