Vancouver City Council

REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT JANUARY 15, 2004

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 15, 2004, at 2:10 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:	Councillor Anne Roberts, Chair Mayor Larry Campbell Councillor Fred Bass Councillor David Cadman *Councillor Jim Green Councillor Peter Ladner *Councillor Raymond Louie Councillor Tim Stevenson *Councillor Sam Sullivan
ABSENT:	Councillor Tim Louis (Leave of Absence) Councillor Ellen Woodsworth (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

*Denotes absence for a portion of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of December 4 and 11, 2003, were adopted.

RECOMMENDATION

1. 4051 Pine Crescent - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated November 20, 2003, in which the City Building Inspector recommended Council direct a 336D notice be filed against the title to the property at 4051 Pine Crescent in order to warn prospective purchasers of by-law violations in relation to the property. It was also recommended the Director of Legal Services be authorized to commence legal actions should she deem it necessary. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, provided an overview of the Administrative Report.

MOVED by Councillor Sullivan
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 4051 Pine Crescent (Lot 5, Block 27, District Lot 526, Plan 4502) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT 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 4051 Pine Crescent and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

CARRIED UNANIMOUSLY

2. Financing Growth - Clarifications to New City-Wide Community Amenity Contribution (CAC) Policy (File 1755)

This item was WITHDRAWN from this Agenda and will be scheduled for a future meeting.

3. 210 Abbott Street - Private Liquor Store (File: 2604)

The Committee had before it an Administrative Report dated December 24, 2003, in which the Director of Current Planning sought Council's advice on a development application to change the use of a portion of an existing building from Retail to Liquor Store (Beer only). The General Manager of Community Services submitted for consideration the choice of either supporting or not supporting the application.

Bill Boons, Co-Manager of Processing Centre, Development, reviewed the report, and noted that the applicant has indicated he would be willing to stop making off-sales from the hotel pub should he be allowed to open the private liquor store.

Yeung Kang, Dominion Hotel, spoke in support of his application, noting that his hotel is the only one in the area which currently provides off-sales. He noted a private liquor store would be able to sell beer at a lower price than off-sales and would also have the capability of buying back empties. He further noted that under new regulations he was able to get a license from the Province, and also pointed out that Steamworks was allowed to open a liquor store last year. He advised Gastown has private security patrols and is a safe spot for a liquor retail store, which would encourage additional tourists to the area.

MOVED by the Mayor
THAT the Committee recommend to Council

THAT the Director of Planning be advised that Council would not favour approval of Development Application Number DE407735 for a Private Liquor Store (Beer only) at 210 Abbott Street.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

4. 5680 Main Street - Private Liquor Store (File 2607)

The Committee had before it an Administrative Report dated December 9, 2003, in which the Director of Current Planning sought Council's advice on a development application to change the use of a portion of an existing building from Retail to Liquor Store (Beer only). The General Manager of Community Services submitted for Council's consideration the choice of either supporting or not supporting the application.

Bill Boons, Co-Manager of Processing Centre, Development, provided an overview of the report.

The following people spoke in support of the application for a private liquor store:

Carlos Brito, Applicant (materials filed)
Doug LeBlanc
Jerry Tighe
Wayne Smyth
Wayne Jeffery
Brian Hunter, Pennylane Pub
Gary Goodfellow

The following is a summary of comments provided by the foregoing speakers:

· with the opening of the proposed liquor store, deliveries could be limited to once per week in the early morning, thus minimizing impacts on the neighbourhood;
· one speaker who lives near the proposed liquor store noted that concerns expressed regarding parking were unwarranted;
· Pennylane Pub has been very supportive of local athletes and allows local sports team fundraisers to take place in the pub on a regular basis;
· the RCMP and City police have a good relationship with the pub;
· the addition of a liquor store will help to make the pub operation more viable;
· problems which may exist in the neighbourhood cannot be attributed only to the pub.

The following people spoke in opposition to the application for a private liquor store:

Patricia Kendall (materials filed)
Cathy Lightfoot
Astrid Visscher
Dave Knowles
Gilles Dore
Sherry Dance

Comments provided by the foregoing speakers included the following:

· street parking is at a premium in this area, and the strip mall already has two less spaces than what is required; the parking set-up for the mall is badly laid out and often gets so jammed up with parked cars it is not possible to walk through;
· concern expressed that restrictions regarding selling beer only may not be binding if the liquor store changes hands;
· the entrance for the proposed liquor store would be on a residential street;
· proposed store will be a high-volume in-and-out business and will result in increased noise, street traffic, and garbage on street;
· proposed store will negatively impact the neighbourhood safety and livability; liquor stores bring increased crime to adjacent residential areas;
· this proposal is not about servicing the residents, but about making more money;
· private liquor stores are profit driven and are more likely to serve minors and intoxicated persons, whereas government employees are trained in this capacity and can lose their jobs for selling to minors or persons buying on their behalf.

MOVED by Councillor Cadman
THAT the Committee recommend to Council

THAT the Director of Planning be advised that Council would not favour approval of Development Application Number DE407396 for a Private Liquor Store (Beer only) at 5680 Main Street (specific address is 5686 Main Street).

CARRIED UNANIMOUSLY
(Councillors Green, Louie and Sullivan absent for the vote)

5. Pesticide Use on Private Property (File 3501)

The Committee had before it a Policy Report dated October 21, 2003, in which the General Manager of Parks and Recreation and the Director of Environmental Health of the Vancouver Coastal Health Authority, in consultation with the Director of Legal Services, provided a report back to Council following consultations held with stakeholders to address options for responsible pest management on private lands, and provided recommendations with regard to a coordinated regional approach and education program. The report also provided an update on the key regional, provincial and national changes that have occurred on the topic of municipal pesticide use. Also put forward for Council's consideration was the option of requesting the preparation of a by-law to restrict the use of harmful pesticides. The City Manager supported Recommendations A through F and recommended deferral of Consideration G for consideration in the 2004 budget process.

Piet Rutgers, Director of Planning and Operations, Parks and Recreation, introduced Sophie Dessureault, Integrated Pest Management Coordinator, and made a presentation reviewing the Policy Report.

Dr. John Blatherwick, Chief Medical Health Officer, and Nick Losito, Director, Vancouver Coastal Health Authority, provided an overview of the Medical Health Officer's comments in the Policy Report. They noted they were in support of recommendations for an education program and for measuring pesticide use; however, also expressed concern that this may not be the appropriate time to bring forward a regulatory by-law noting it could have unintended consequences.

Staff responded to questions concerning possible methods of gauging pesticide use, tracking sales, measuring the effects of an education program, and health risks related to pesticide use. Staff also responded to questions concerning a possible Pesticide By-law, including resources required for enforcement and possible unintended impacts of adoption.

The following people spoke in support of Recommendations A through F and also in support of Council adopting a by-law to restrict the use of harmful pesticides (Consideration G):

Stewart McKinnon, SPEC
Liz Haan (materials filed)
Mae Burrows, Labour Environmental Alliance Society
Terry Slack
Eleanor Boyle
Katherine Seely, Canadian Cancer Society, BC & Yukon Division

Comments provided by the foregoing speakers included the following:

· education and information are vital first steps, but must be backed up with regulation in the form of a by-law;
· there is overwhelming support in the city and across the region for a by-law;
· toxic chemicals are not needed to achieve gardening excellence;
· suggestion made that recommendation B be amended to include a request for a pesticide disposal program;
· a by-law will show Council's serious intent in terms of pesticide reduction;
· data sheets for many of the products available in shops show them to contain carcinogens;
· when weighing the possibility of health risks against the desire for nice looking lawns, we should take the cautious approach and ensure that there is as little pesticide use as possible;
· the Canadian Cancer Society advocates for healthy public policies, and supports a ban on all pesticides which have not been scientifically demonstrated to be non-carcinogenic;
· the World Health Organization has identified many pesticides as likely to be carcinogenic, and a 1996 Harvard study showed that 2% of cancers are caused by environmental pollution.

Most of the following speakers provided comments in general support of Recommendations A through F, but also expressed concern with or opposition to a by-law restricting the use of pesticides as put forward in Consideration G:

Jane Stock, BC Landscape and Nursery Association (materials filed)
Alan Reid, BC Landscape & Nursery Association
Bruce Vance, Evergro Wesgro
Ward Teulon
Mike Richard
Peter Isaacson
Conway Lum
Peter Langeman
Ken McKillop
Harv Chapple
Kerry Pruden
Ian Wraight, Nutri-Lawn
Brian Ramor, Think Green Landscaping
Fred Giesbrecht

Comments provided by the foregoing speakers included the following:

· growers are increasingly using Integrated Pest Management (IPM) methods;
· support given to regional advertising; however, suggestion made that all materials be reviewed by a qualified and neutral panel;
· support tracking and reporting of pesticide sales, but should not bring in a by-law if sales are shown to be dropping;
· the industry does not need the threat of a by-law over its head to make it embrace responsible pest management; would like to see a formal working relationship between staff and the industry to fast-track IPM practices; suggestion that a task force be struck in this regard;
· the registration process for new products is very expensive; therefore, only those which have gone through stringent testing and are shown to be the best are registered;
· education is the way to proceed; if pesticides were banned, individuals would be spraying their yards illegally, without any knowledge or training in the proper handling of these products;
· a ban will not result in a reduction in the total amount of pesticide being used by homeowners, but could actually result in an increase; a person spraying their lawn with a weed and feed product according to the instructions will spray six times the amount of pesticide in a single application than would be used by a professional using IPM on the same yard in one year;
· safe and effective pest management is a cornerstone of the landscape industry;
· federal and provincial requirements are already pushing the industry towards more IPM approaches;
· IPM results in thriving landscapes, and good quality landscape installations results in fewer pests;
· only licensed professionals should be allowed to apply pesticides.

Dr. James Matteoni advised he was strongly in support of staff's recommendations A to F, noting Vancouver has the opportunity of being on the leading edge of landscape integrated pest management. In regards to a by-law he noted that while he doesn't feel it will be ineffective, he did not feel it was a necessary step to take at this point.

Doug Charles provided the name of a leading scientist on the subject of pest management and suggested Council consider contacting him for an unbiased and informed perspective. He also noted that if pesticide reduction is the objective, then education is the key.

Michael Mills spoke in regard to the need for a process to ensure that good landscape design principles are used, which would then result in reduced pest problems.

Judy Rogers, City Manager, in response to questions, reviewed the usual procedure in regard to the timing of bringing forward a by-law with an implementation date of January 2006. She further agreed this could be brought back to Council within 12 months.

MOVED by Councillor Bass
THAT the Committee recommend to Council

A. THAT Council endorse the outline of the Pesticide Reduction Education Program, an expansion of Vancouver's Grow Natural campaign, as described in the Policy Report dated October 21, 2003, entitled "Pesticide Use on Private Property".

B. THAT Council request the Greater Vancouver Regional District (GVRD) and the Regional Health Authorities to undertake a regional advertising campaign aimed at reducing pesticide use and to implement a disposal program for those pesticides which cannot be recycled.

C. THAT Council refer the funding requests associated with the education program to the 2004 Operating Budget process.

D. THAT Council request the federal Minister of Health and the provincial Minister of Water, Land and Air Protection to ensure that regulations made under the federal Pest Control Products Act and the BC Pesticide Control Act require annual reporting of pesticides sales data, both by active ingredient and by municipality in which the products are sold, in order to facilitate municipal efforts to evaluate the effectiveness of pesticide use reduction programs.

E. THAT Council request the federal Minister of Health and the provincial Minister of Water, Land and Air Protection to expedite programs presently underway to increase public access to reduced-risk pesticides, restrict public access to high-risk pesticides, improve access to information about the safe use of pesticides, and increase co-operative efforts through the Healthy Lawn Strategy in order to reduce reliance on lawn care chemicals.

F. THAT Council request the federal Minister of Health and the provincial Minister of the Environment to include the municipal sector as a partner in the Federal/Provincial/Territorial Committee on Pest Management and Pesticides mandated to provide advice and direction to governments on programs and policies for pesticides with the aim of enhancing sustainable pest control practices.

G. THAT Council request Legal Services to prepare a by-law to restrict the use of harmful pesticides generally as described in Appendix A of the Policy Report dated October 21, 2003, entitled "Pesticide Use on Private Property", to be implemented on private lands as of January 1, 2006, to be consistent with the City of Port Moody's Pesticide Use Control By-law No. 2575 and which includes provisions for public notification prior to the use of pesticides.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

The Committee adjourned at 6:00 p.m.

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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT JANUARY 15, 2004

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, January 15, 2004, at 6:00 p.m., in the Council Chamber, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations and actions of the Committee.

PRESENT:	Mayor Larry Campbell Councillor Fred Bass Councillor David Cadman Councillor Jim Green Councillor Peter Ladner Councillor Raymond Louie Councillor Anne Roberts Councillor Tim Stevenson
ABSENT:	Councillor Tim Louis (Leave of Absence) Councillor Sam Sullivan Councillor Ellen Woodsworth (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Roberts

THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
January 15, 2004

Council considered the report containing the recommendations and actions taken by the Standing Committee on Planning and Environment. Its items of business included:

1. 4051 Pine Crescent - Warning to Prospective Purchasers
2. Financing Growth - Clarifications to New City-Wide Community Amenity Contribution (CAC) Policy - WITHDRAWN
3. 210 Abbott Street - Private Liquor Store
4. 5680 Main Street - Private Liquor Store
5. Pesticide Use on Private Property

MOVED by Councillor Roberts

THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of January 15, 2004, as contained in Items 1-5, be approved.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Stevenson

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Bass

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

CARRIED UNANIMOUSLY

NEW BUSINESS

1. Leave of Absence - Mayor Campbell (File 1254)

MOVED by Councillor Cadman
SECONDED by Councillor Stevenson

THAT Mayor Campbell be granted Leave of Absence for January 27 and 29, 2004.

CARRIED UNANIMOUSLY

The Council adjourned at 6:05 p.m.

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