REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON CITY SERVICES AND BUDGETS

APRIL 25, 2002

A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, April 25, 2002, at 9:30 a.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor George Puil, Chair Councillor Fred Bass Councillor Jennifer Clarke, Vice-Chair Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Sam Sullivan (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Denise Salmon, Meeting Coordinator

ADOPTION OF MINUTES

The Minutes of the Standing Committee on City Services and Budgets, meeting of March 26, 2002, were adopted.

RECOMMENDATION

1. Garbage Container & Garbage Education and Enforcement Programs (File 3756)

The Committee had before it a Policy Report dated April 8, 2002, in which the General Manager of Engineering Services addressed garbage issues related to graffitied and overflowing commercial garbage containers on City streets as well as overflowing public litter receptacles, littering, and illegal dumping, and recommended a strategy to reduce abandoned garbage and improve the appearance, safety and cleanliness of Vancouver streets and lanes. A garbage education and enforcement program was also recommended.

Brian Davies, Assistant City Engineer, Solid Waste, was present to respond to questions.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT new garbage container license agreements between the City and the participating waste service companies be amended based on the general principles outlined in the Policy Report dated April 8, 2002, entitled "Garbage Container & Garbage Education and Enforcement Programs" and on terms and conditions satisfactory to the General Manager of Engineering Services and the Director of Legal Services.

B. THAT a full time Street Use Inspector position (subject to classification) be approved for the garbage education and enforcement program outlined in the Policy Report dated April 8, 2002, entitled "Garbage Container & Garbage Education and Enforcement Programs" at an annual operating cost of $50,500. Funding for this program to come from a $20 increase in annual garbage container lane permit fees ($38,000) and the existing Keep Vancouver Spectacular staff budget ($12,500).

C. THAT Engineering Services monitor the costs and effectiveness of the new container licence agreements and the level of co-operation from the waste services industry, and with the Director of Legal Services report back on any additional changes that may need to be made to the licence agreements or how waste is managed in the City.

D. THAT the City apply the graffiti removal policy for private property (proposed as requiring clean-up within ten days of notice) to all commercial garbage containers, whether on public or private property; and that $25,000 per year be allocated for enforcement of graffiti removal from containers in lanes with funding provided by a $14 increase in annual garbage container lane permit fees.

CARRIED UNANIMOUSLY

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Items 2 and 3 were dealt with concurrently and have been minuted accordingly.
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2. Anti-Graffiti Strategy for Vancouver (File 3501)
and
3. Anti-Graffiti Strategy for the Vancouver Police Department (File 3501)

The Committee had before it a Policy Report dated April 9, 2002, in which the General Manager of Engineering Services in consultation with the General Manager of Community Services, the General Manager of Corporate Services, the General Manager of the Park Board and the Chief Constable advised Council of the results of a recently completed public consultation process on the removal of graffiti from private property. A multi-faceted anti-graffiti strategy for Vancouver involving leadership, prevention, eradication, enforcement and community empowerment, the goal of which is the substantial eradication of graffiti in the City of Vancouver was recommended. Also before the Committee was a report from the Special Advisory Committee on Cultural Communities, dated March 6, 2002.

In addition, the Committee also had before it an Administrative Report dated March 26, 2002, from the Chief Constable advising of the Vancouver Police Department's proposed anti-graffiti plan. This plan, developed in partnership with Engineering Services, will develop and implement an integrated anti-graffiti strategy in order to maintain a clean, safe and prosperous city through community partnerships, as well as education, enforcement, and eradication strategies.

Rowan Birch, Budgets and Administrative Services, Engineering, with the aid of a PowerPoint presentation, provided an overview of the Policy Report and provided a rationale for the recommendations contained in that report. Mr. Birch introduced two members of the Police Department, Detective Constables Elson and Miller. Detective Constable Elson, with the aid of a PowerPoint presentation, provided an overview of the Administrative Report. Staff responded to questions related to the accumulation of street litter adjacent graffiti sites, the difference between a mural wall and free wall, the monitoring process for graffiti incidents, and the need to work with Crown Counsel on enforcement issues and the use of contractors rather than City staff for graffiti clean-up.

Wendie Galczik, President, CUPE Local 1004, referenced photos (distributed at an earlier meeting and on file), of City trailers brought to Manitoba Works Yard for graffiti removal and cleaning, which were improperly cleaned by contractors. Ms. Galczik highlighted the benefits of retaining City staff to do graffiti clean-up jobs, and noted these positions are critical, and have historically been used for job accommodation, enabling injured workers an eased return to work. The General Manager of Engineering Services provided comment on accommodation jobs and the use of City employees vs. contracting out for graffiti removal. Staff also noted the decision to contract out this work was made by Council lastyear.

Joseph Maskell, Point Grey Industries, distributed photographs of graffiti sites and various clean-up operations. He noted new technology now enables his company to safely remove graffiti with biodegradable and non-toxic products.

Patricia Barnes and Stephanie Williams, Hastings North BIA, spoke in support of the anti-graffiti program. They noted students and volunteers have helped paint out the main shopping corridor along Hastings Street from Renfrew to Commercial, however some buildings are taller than average and require professionals to do this work. Ms. Williams noted, under the BIA by-law, funds are not to be allocated to hire a contractor for graffiti removal, as this is looked upon as an improvement to private property. Staff responded to the concerns raised by the BIA delegation.

Richard Mayencourt expressed concerns with toxic chemicals used for graffiti removal. Council noted the City's contractor had earlier advised his company uses biodegradable, non-toxic materials on city property. However, it was also noted the City has little control over methods used on privately-owned buildings, etc., and likened the situation to the use of pesticides in private gardens.

Following further discussion Council directed staff to provide a memorandum back on:

· the use of highly toxic compounds associated with graffiti removal materials, listed by the USEPA as harmful, including Methylene Chloride and Xylene;

· details of the upcoming Call for Proposals related to the City's graffiti removal contract specifically related to use and handling of graffiti removal compounds; and

· integrating graffiti clean-up with the clean-up of neighbourhood litter and garbage.

Anti-Graffiti Strategy for Vancouver

POSTPONEMENT MOVED by Councillor Bass
THAT the Committee recommend to Council

THAT decision on Recommendation A1. as contained in the Policy Report dated April 9, 2002, entitled "Anti-Graffiti Strategy for Vancouver", be postponed pending a report back from staff on the status of employees currently seeking job accommodation.

LOST
(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, McCormick, Price, and Puil opposed.)

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council approve the following elements of a one-year Targeted Abatement Anti-Graffiti Strategy commencing May, 2002, totalling $1,203,100 as set out in the Policy Report dated April 9, 2002, entitled "Anti-Graffiti Strategy for Vancouver", including temporary staffing increases in the Engineering Services Department and the Community Services Department, with increases to the 2002 and 2003 Operating Budgets, as follows:

1. Leadership

i. $213,100 in 2002 and $79,500 in 2003 to remove graffiti from City-owned facilities; and,

ii. $75,000 in 2002 and $25,000 in 2003 to inspect and remove graffiti from Park Board facilities; and,

iii. $38,100 in 2002 and $19,100 in 2003 for contract inspection, compliance inspection related to encroachments, and collection of data; and,

iv. $18,000 in 2002 to fund startup costs (computers, phones, furniture, etc.).

for a total of $344,300 in 2002 and $123,600 in 2003 (combined total of $467,900).

2. Prevention

i. $47,600 in 2002 and $23,800 in 2003 to implement educational and publicity programs as outlined in this report; and

ii. $24,900 in 2002 and $12,500 in 2003 to implement an expanded Mural Program, as outlined in this report, including:

a) proposed murals being subject to the development permit process as required by the Zoning and Development By-law;
b) development application fees being covered by the Mural Program.

for a total of $72,500 in 2002 and $36,300 in 2003 (combined total of $98,800).

3. Eradication

i. $101,500 in 2002 and $50,700 in 2003, for a combined total of $152,200, for eradication of graffiti from private property through education, enforcement and a Free Paint Program, as described in thisreport.

4. Enforcement

i. $81,900 in 2002 and $47,200 in 2003 to support additional enforcement activities, for a combined total of $129,100; and,

ii Enforcement of the Graffiti By-law to be targeted at industrial and commercial properties as described in this report; and,

iii. Enforcement of the Graffiti By-law to be carried out against residential properties in response to complaints or obvious problems.

5. Community Empowerment

i. $11,600 in 2002 and $5,800 in 2003 for an expanded Community Paint-Out Program as described in this report, for a combined total of $17,400.

B. THAT Council direct that all revenue from fines levied in accordance with the Graffiti By-law be used to offset the cost of the Free Paint Program as described in Recommendation A of the Policy Report dated April 9, 2002, and entitled "Anti-Graffiti Strategy for Vancouver".

C. THAT Council advise the Director of Planning that the Anti-Graffiti Mural Program is an important initiative in managing graffiti and that favourable consideration should be given to the approval of development applications for mural installation; and,
FURTHER THAT the Director of Development Services give priority to the processing of development applications for murals proposed under the Anti-Graffiti Mural Program.

CARRIED
(Councillor Bass opposed to A and A1(i).)

MOVED by Councillor McCormick
THAT the Committee recommend to Council

D. THAT Council request the Director of Legal Services to bring forward amendments to the Graffiti By-law:

i. to require property owners to remove graffiti from their property;
ii. to provide that, if a property owner fails to do so within ten days, the City may enter the property to remove the graffiti at the cost of theowner;
iii. to provide that, if the cost to the City for the graffiti removal is not made within 30 days after a demand for payment, the cost be added to the property tax roll;
iv. to increase the minimum fine for writing graffiti to $500.

CARRIED
(Councillor Louis opposed to D(i, ii, and iii).)

MOVED by Councillor Louis
THAT the Committee recommend to Council

E. THAT Council request the General Manager of Engineering Services to consult with Special Advisory Committee on Cultural Communities to develop guidelines which will ensure that a clear and consistent process is followed by the City's contractors when dealing with hate and offensive graffiti;

FURTHER THAT Council request the General Managers of Engineering Services and Community Services and the Director of Legal Services to consult with the Special Advisory Committee on Cultural Communities to develop a process to ensure prompt removal of hate and offensive graffiti from private property in the absence of the owner's permission

F. THAT Council request the Director of Legal Services to investigate processes by which the City could assist property owners in organizing area-wide graffiti-removal contracts for commercial districts.

G. THAT Council direct staff to report back at the end of this trial on the effectiveness of the Anti-Graffiti initiatives referred to in Recommendations A through F of the Policy Report dated April 9, 2002, entitled "Anti-Graffiti Strategy for Vancouver" and provide recommendations on an on-going anti-graffiti program .

CARRIED UNANIMOUSLY

Anti-Graffiti Strategy for the Vancouver Police Department

MOVED by Councillor McCormick
THAT the Committee recommend to Council

A. THAT Council support the anti-graffiti proposal for the Vancouver Police Department as set out in the Administrative Report dated March 26, 2002, entitled "Anti-Graffiti Strategy for the Vancouver Police Department".

B. THAT Council approve an increase in the 2002 Operating budget of $53,000 for start-up costs to establish and operate an anti-graffiti team in the Vancouver Police Department as described in this report.

C. THAT Council request the Vancouver Police Board report back after one year on the effectiveness of the Vancouver Police Department's Anti-Graffiti Strategy.

CARRIED UNANIMOUSLY

The Committee adjourned at 12:04 p.m.
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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
CITY SERVICES AND BUDGETS

APRIL 25, 2002

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, April 25, 2002, at 12:05 p.m. in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on meeting, to consider the recommendations of the Committee.

PRESENT:	Deputy Mayor Lynne Kennedy Councillor Fred Bass Councillor Jennifer Clarke Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Sam Sullivan (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Denise Salmon, Meeting Coordinators

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

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

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on City Services and Budgets
April 25, 2002

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

Cl.1: Garbage Container & Garbage Education and Enforcement Programs
Cl.2: Anti-Graffiti Strategy for Vancouver
Cl.3: Anti-Graffiti Strategy for the Vancouver Police Department

Clauses 1 and 3

MOVED by Councillor Puil

THAT the recommendations of the Committee, as contained in Clauses 1 and 3 of this report, be approved.

CARRIED UNANIMOUSLY

Clause 2

POSTPONEMENT MOVED by Councillor Bass
THAT the Committee recommend to Council

THAT decision on Recommendation A1. as contained in the Policy Report dated April 9, 2002, entitled "Anti-Graffiti Strategy for Vancouver", be postponed pending a report back from staff on the status of employees currently seeking job accommodation.

LOST
(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, Sandy McCormick, Price, and Puil opposed.)

MOVED by Councillor Puil

THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.

CARRIED
(Councillor Bass opposed to A and A1(i).)
(Councillor Louis opposed to D(i, ii, and iii).)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Louis

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

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

CARRIED UNANIMOUSLY

The Council adjourned at 12:06 p.m.

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(c) 1998 City of Vancouver