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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
JANUARY 16, 2003 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 16, 2003, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair |
ABSENT: |
Councillor Raymond Louie, Leave of Absence
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
*Denotes presence for a portion of the meeting.
RECOMMENDATION
1. Nuisance Property at 821 East 12th Avenue (File 2701)
The Committee had before it an Administrative Report dated December 9, 2002, in which the City Building Inspector recommended that Council declare the condition of the property at 821 East 12th Avenue a nuisance and approve a Resolution ordering the property owner to rectify the situation. It was also recommended the Director of Legal Services be authorized to commence legal actions if she deems it necessary to do so, and that a 336D Notice be filed against the title to the property in order to warn any prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-laws in relation to this site, and that there is a Resolution of Council against the property.
Carlene Robbins, Manager, By-law Administration, provided an overview of Sections 324A and 336D of the Vancouver Charter. Peter Sweeney, Manager, Building Inspection, with the aid of overheads, reviewed the condition of the subject property and provided a rationale for staff's recommendations in this regard. He noted that the Resolution attached to the report put forward for approval in recommendation B also requires the property owner to erect a chain link fence around the property.
MOVED by Councillor Louis
THAT the Committee recommend to Council
A. THAT Council declare that the condition of property at 821 E 12th Avenue, Lot B of Lots 19-22, Block F of Block 157, District Lot 264A, Plan 3655 PID 012-421-782 is a nuisance pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the Resolution attached to the Administrative Report dated December 9, 2002, entitled "Nuisance Property at 821 East 12th Avenue" and order the Registered owner of the property to remove all debris, miscellaneous items and materials stored in the yards and remove the unlicensed, dismantled or wrecked vehicle parked/stored in the yards 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 all miscellaneous items stored in the yards and the unlicensed, dismantled or wrecked vehicle parked/stored in the yards removed, disposed of or sold pursuant to Section 324A(2) of the Vancouver Charter . Council further orders that from the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the removal, sale and disposal and the remainder of such proceeds shall be paid by the city to the owner.
D. THAT in the event of the failure of the owner, 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 821 E 12th Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this property into compliance with City By-laws.
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 821 E 12th Avenue in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-laws related to this property and that there is an order of Council against the property.
CARRIED UNANIMOUSLY
2. Grant to `Save Our Living Environment' (File 2251)
The Committee had before it an Administrative Report dated December 3, 2002, in which the General Manager of Engineering Services sought Council's approval for a grant to `Save Our Living Environment' (SOLE) to enable it to continue for twelve months its program of supplementary cleaning of public spaces in the downtown eastside (DTES).
Dave Rudberg, General Manager of Engineering Services, introduced Bob Ross, Engineering Services, who provided an overview of the report, reviewing the City's cleaning program in the DTES and the supplementary micro-cleaning performed by SOLE.
Ken Lyotier, SOLE, spoke in support of the recommendation and provided information regarding the cleaning program, noting it is very popular with downtown eastside residents and merchants. He reviewed some of the other organizations who provide funding for the program, including the film industry and local Business Improvement Associations. Mr. Lyotier noted that the loss of the Provincial earnings exemption for persons on welfare assistance has required that some changes be made to the way the program is operated.
Mr. Ross and Mr. Lyotier responded to questions concerning possible concerns of CUPE local 1004, the visible effects the program has had on the neighbourhood, and the impacts the loss of the earnings exemption has had on the program. Mr. Rudberg, in response to a question, provided the rationale for funding this program through the grants process as opposed to a contract situation. Brian Davies, Assistant City Engineer, Solid Waste, responded to a question concerning the requirement for residential properties to provide waste removal facilities.
During discussion it was noted other organizations, such as the Board of Trade, had expressed their displeasure to the Provincial Government concerning the removal of the earnings exemption for persons on income assistance. A Council member also noted it would be desirable for some mechanism to be in place which would enable persons involved with SOLE's program to gain access to unionized positions with the City of Vancouver.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
A. THAT Council approve a grant of $60,000 to Save Our Living Environment (SOLE) for supplementary cleaning of sidewalks, lanes and public spaces in the Downtown Eastside in 2003, as outlined in the Administrative Report dated December 3, 2002, entitled "Grant to `Save Our Living Environment'", with funding provided from the Solid Waste Capital Reserve.
CARRIED UNANIMOUSLY
MOVED by Councillor Green
THAT the Committee recommend to Council
B. THAT staff be requested to provide information on possible options for working with existing City programs and Save Our Living Environment as a pilot project, in consultation with CUPE 1004, to explore any opportunities for providing increased or more flexible access to entry level employment positions with the City.
C. THAT Vancouver City Council send a letter to the Provincial Government expressing its serious concern regarding the discontinuation of the earnings exemption for persons receiving income assistance.
CARRIED UNANIMOUSLY
3. Vancouver Landfill: Closure Plan for Western 40 Hectares (File 3757)
Vancouver City Council, at its meeting on December 10, 2002, referred this matter to this meeting of the Planning and Environment Committee in order to receive additional information from staff prior to making a decision.
Accordingly, the Committee had before it an Administrative Report in which the General Manager of Engineering Services sought Council's approval to enter into a consulting services agreement with Sperling Hansen Associates Inc. to provide engineering services for the development of a closure plan for the western 40 hectares of the Vancouver Landfill in Delta at a maximum cost of $268,400 plus GST.
Also before the Committee was a memorandum from the General Manager of Engineering Services, dated January 13, 2003.
Paul Henderson, Manager, Landfill Operations, and Brian Davies, Assistant City Engineer, Solid Waste, were in attendance to answer any questions.
MOVED by Councillor Bass
THAT the Committee recommend to Council
A. THAT Council approve the development of a Closure Plan for the Western 40 Hectares of the Vancouver Landfill in Delta.
B. THAT, subject to the conditions set out in Recommendation C, Sperling Hansen Associates Inc. be retained at a maximum cost of $268,400 plus GST to provide engineering services to develop the Closure Plan. GVRD's portion, up to $100,000 of the total cost, will be the cost associated with biosolids use in the closure plan plus, under the Tripartite Agreement, a portion of the remaining cost based on GVRD waste quantities. Financing for this project to be provided from the Solid Waste Capital Reserve and therefore will have no impact on Solid Waste Utility fees.
C. THAT no legal rights or obligations will arise and no consents, permissions, leases or licences are granted by the above and none will arise or be granted unless and until all contemplated legal documentation has been (a) approved as to form by the Director of Legal Services and the General Manager of Engineering Services, and (b) executed and delivered by the Director of Legal Services on behalf of the City.
CARRIED UNANIMOUSLY
(Mayor Campbell absent for the vote)
4. Review of Advisory Bodies (File 3001)
The Committee had before it an Administrative Report dated November 18, 2002, in which the City Clerk and the General Manager of Community Services recommended operational improvements for advisory bodies fully integrated into civic business practices, that an Advisory Body Task Force be struck to assess the topic and area-based advisory bodies for effectiveness, and that in the interim the existing topic and area-based advisory bodies be re-established for the duration of the review.
Also before the Committee was a memorandum from the Deputy City Clerk dated January 10, 2003, providing clarification of the necessity for Recommendation C in the Report. The Committee also had before it a Report to Council from the Vancouver City Planning Commission dated January 10, 2003, entitled "Response to staff report `Review of Advisory Bodies'", which put forward recommendations for consideration during the Review and a request for appointments to the Commission be made for two year terms, as is the usual procedure.
Syd Baxter, City Clerk, provided an overview of the report and its recommendations. Jacquie Forbes-Roberts, General Manager of Community Services, noted the advisory body review was being conducted under the context of the Public Involvement Review, and introduced several other involved staff members who were present at the meeting. She further advised this review will not affect the work the committees are doing or disrupt their respective mandates, but will allow for a review of their work and investigate options for improvement.
Mr. Baxter and Ms. Forbes-Roberts responded to questions concerning the possible make-up of the Task Force, ways in which the public will have their say in this review, and the comments put forward by the Vancouver City Planning Commission in their submission.
Lance Berelowitz, Chair, Vancouver City Planning Commission, and Robert Buller, Commission Manager, provided an overview of the Commission's report to Council. They stressed the importance of members being appointed for the usual two year term, noting a six month appointment term would make it extremely difficult to recruit new members, and could result in a lack of incentive for existing members. Concern was expressed with regard to a possible loss of momentum at a time when the Commission has a full workplan and agenda.
A Council member expressed concern with regard to having members of Council serve on a Task Force.
MOVED by Councillor Bass
THAT the Committee recommend to Council
A. THAT Council instruct staff to implement operational improvements for bodies fully integrated into civic business practices, as outlined in Appendix A of the Administrative Report dated November 18, 2002, entitled "Review of Advisory Bodies", including improved member orientation and training.
B. THAT Council create an Advisory Body Task Force including representatives from City Council, City staff and the public that will review the topic and area-based advisory bodies, as outlined in Appendix A of the Administrative Report dated November 18, 2002, entitled "Review of Advisory Bodies", over the next six months to assess the effectiveness of this form of civic engagement;
AND FURTHER THAT the Task Force report the results and recommendations for improvement to City Council upon completion of the six month period.
C. THAT Council re-establish those topic and area-based advisory bodies whose terms have concluded, as listed below, for the duration of the review:
· Public Art Committee
· Council Special Advisory Committee on Seniors
· Council Special Advisory Committee on Disability Issues
· Council Special Advisory Committee on Cultural Communities
· Bicycle Advisory Committee
· Fire Services Citizens' Advisory Committee
· Gastown Historic Area Planning Committee
· Chinatown Historic Area Planning Committee
· First Shaughnessy Advisory Design Panel.
(NOTE FROM CLERK: A clerical correction has been made to Appendix A of the Administrative Report dated November 18, 2002, entitled "Review of Advisory Bodies" to include the Public Art Committee as one of the advisory bodies which require re-creation through Council resolution before appointments can be made.)
D. THAT Council receive and consider the recommendations outlined in the submission from the Vancouver City Planning Commission, dated January 10, 2003, entitled "Response to staff report entitled `Review of Advisory Bodies'", as part of its ongoing Advisory Body Review.
E. THAT in the interim, Council appoint or reappoint members to the Vancouver City Planning Commission on the established basis, for two-year terms.
Carried Unanimously
AMENDMENT moved by Councillor Sullivan
THAT Recommendation B be amended by striking out the words "City Council" so that the motion would read:
"THAT Council create an Advisory Body Task Force including representatives from City staff and the public that will review ..."
LOST
(Councillors Bass, Cadman, Green, Louis, Roberts and the Mayor opposed)
The amendment to Recommendation B having lost, the motion was put and CARRIED UNANIMOUSLY.
5. Rezoning Application - 86 S.E. Marine Drive/101 East 69th Avenue (Wal-Mart Proposal) - Status Report (File 5306) - WITHDRAWN
A Policy Report dated December 23, 2002, on this matter had been WITHDRAWN from this agenda and will be scheduled on a future Standing Committee Agenda. However, the Committee did pass the following motion:
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT Council direct staff to provide a report on Highway Oriented Retail Zones and the implications of the possible removal of such zones.
CARRIED UNANIMOUSLY
The Committee adjourned at 3:40 p.m.
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