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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
APRIL 8, 2004 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, April 8, 2004, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY MANAGER'S OFFICE: |
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
March 11, 2004, were adopted.
VARY AGENDA
The Committee agreed to vary the order of the agenda in order to consider Item 1 after Items 2-4. The agenda items are minuted in numerical order for ease of reference.
RECOMMENDATION
1. 5342 Joyce Street - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated March 5, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 5342 Joyce Street in order to warn prospective purchasers of contraventions of Zoning and Development and Vancouver Building By-laws in relation to the property and further recommended that the Director of Legal Services be authorized to take legal action and seek injunctive relief if she deems it necessary to do so. The General Manager of Community Services recommended approval.
Peter Sweeney, Manager, Building Inspection, with the aid of photographs, provided an overview of the report.
Mahesh Varshney, owner, spoke in opposition to staff's recommendations, and noted that when he bought the house there was a two-car enclosed garage attached to the house and he had received an affidavit from the previous owner stating that it was a garage and not a carport. Mr. Varshney advised that the only change he made to the garage was to install a shuttered door and the space is still being used as a two-car garage.
Mr. Sweeney and Darren Mueske, District Property Use Inspector, responded to questions concerning the carport enclosure, use of carport/garage space as habitable space, and when the property was last inspected.
MOVED by Councillor Louis
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 5342 Joyce Street (Lot 4, Blocks 60, 63, 64 & 67, District Lot 37, Plan 2362) 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 5342 Joyce Street 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. 1628 Station Street - Request for Extension of Building Permit No. BU421214
(File 2608)
The Committee had before it an Administrative Report dated March 16, 2004, in which the Chief Building Official, in consultation with the Director of City Plans, sought Council's direction on a request by Discovery Parks Incorporated for the extension of a Building Permit for 1628 Station Street and put forward for Council's consideration the option of either approving or not approving the extension. The General Manager of Community Services submitted the choice of either approving or not approving the request.
Peter Sweeney, Manager, Building Inspection, reviewed the report, and responded to a question concerning previous instances where similar requests were brought before Council.
Mark Betteridge, CEO, Discovery Parks Incorporated, spoke in favour of their request for an extension of a building permit for 1628 Station Street. Mr. Betteridge provided information about Discovery Parks, noting it is a not-for-profit organization and the largest developer of biotechnology space in British Columbia. He further advised that Discovery Parks has put significant investment into the site, but cannot proceed to building phase without first securing tenancies, and therefore requested Council grant the building permit extension.
MOVED by Councillor Ladner
THAT the Committee recommend to Council
THAT Council approve an extension until October 15, 2004, of Building Permit No. BU421214 for 1628 Station Street.
CARRIED
(Councillor Louis opposed)
3. 203 Main Street - No. 5 Orange Street Hotel - Permanent Change of Hours of Operation for a Liquor Primary Establishment (Hotel Lounge) (File 2612-1)
The Committee had before it an Administrative Report dated March 16, 2004, in which the Chief License Inspector recommended Council not endorse a request for a permanent change in hours of operation for later closing hours 7 days per week for the Liquor Primary liquor license at the No. 5 Orange St. Hotel at 203 Main Street. The General Manager of Community Services supported the recommendation.
Guy Gusdal, License Coordinator, reviewed the report and provided a rationale for staff's recommendation that the application not be endorsed at this time.
Bert Hick, Rising Tide Consultants Ltd., spoke in opposition to staff's recommendation that the application not be endorsed. He advised the change in hours to remain open until 2:00 a.m. requested by the applicant simply reflects the operating hours which has been the industry standard for decades and is requested to allow the business to remain competitive. Mr. Hick noted the hotel's licensed operation offers a well-run pub-like environment and further noted that legitimate business operators in the downtown eastside should not be penalized due to their location. Mr. Hick advised the applicant would be agreeable to conditions such as a time limited development permit, good neighbour agreement, or a temporary approval to allow opportunity for staff review.
Tony Ricci, Sentinel Peak Holdings Ltd., spoke in opposition to staff's recommendation, and noted that while there have been no insurance claims filed by Sentinel Peak in regard to the licensed operation, rising insurance costs are causing increased financial burden. He further noted the pub has always been actively involved in the community and donates to charities operating in the neighbourhood.
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT Council, as determined by existing Council liquor policy and outlined in the Administrative Report dated March 16, 2004, entitled "203 Main Street - No. 5 Orange St. Hotel, Permanent Change of Hours of Operation for a Liquor Primary Establishment (Hotel Lounge)", does not endorse the application by Sentinel Peak Holdings Ltd for a permanent change of hours of operation from 11:00 a.m. to 1:00 a.m. Monday to Saturday and from 11:00 a.m. to Midnight on Sunday to 11:00 a.m. to 2:00 a.m., 7 days a week for the Liquor Primary liquor license (Hotel Lounge, Liquor Primary License #21660), at the No. 5 Orange St. Hotel, 203 Main Street.
CARRIED
(Councillor Woodsworth opposed)
4. Family Court/Youth Justice Committee - Annual Report (3118-1)
The Committee had before it a Report to Council dated February 25, 2004, from the Family Court/Youth Justice Committee, which outlined the Committee's activities over the period February 2003 to February 2004, and provided for Council's consideration three recommendations to assist the Youth Justice Committee in working effectively with the community. The City Manager supported these recommendations and provided further recommendations for Council's consideration.
Frank Tester, Chair, Family Court/Youth Justice Committee, provided an overview of the annual report and the rationale for the recommendations put forward. In response to questions, Mr. Tester noted that the current appointment process whereby all members are appointed on a yearly basis, causes problems with regard to continuity and Committee effectiveness. As an example he noted that last year the Committee became very informed about the work of the Civic Youth Strategy, which will need to be repeated this year due to a high turn-over in membership from last year.
During discussion a Council member requested staff look into the appointment process for the Family Court/Youth Justice Committee, to determine if changes are required in order to provide improved continuity. Brent MacGregor, Deputy City Manager, so agreed.
MOVED by Councillor Woodsworth
THAT the Committee recommend to Council
A. THAT the list of liaison representatives to the Family Court/Youth Justice Committee be reviewed annually, and that updates and additions be made to reflect relevant law and policy changes.
B. THAT Vancouver City Council request Justice Canada and the BC Ministry of Attorney General to undertake an integrated approach to educate the community about the Youth Criminal Justice Act and the protocols surrounding it, and to clarify the role of Youth Justice Committees in this process.
C. THAT Council request Justice Canada to identify and provide the resources referenced in the Act to assist in the effective implementation of the legislation.
D. THAT the Family Court Youth Justice Committee be congratulated for its achievements in 2003.
E. THAT Vancouver City Council express its thanks to retired member Honorée Findlay for her thirteen years of volunteer service on the Family Court Youth Justice Committee.
F. THAT Vancouver City Council instruct the Family Court Youth Justice Committee to report back at the conclusion of the Ministry of Attorney General's review, in consultation with the Director of Legal Services, on changes in the role and responsibilities of the Youth Justice Committee as set out in the new federal Youth Criminal Justice Act and what these changes will mean for the City, and clarifying what is, and what is not, the City's responsibility.
G. THAT Vancouver City Council request the Attorney General to keep the City Manager apprised during his Ministry's review of the roles of Family Court Committees under the new federal Youth Criminal Justice Act.
H. THAT Vancouver City Council adopt the Resolutions contained in Appendices C-1 through C-6 of the Report to Council dated February 25, 2004, from the Family Court Youth Justice Committee, as amended below, and forward them to the Union of British Columbia Municipalities and the Federation of Canadian Municipalities for their endorsement.
1. Submitted by: The City of Vancouver
Rationale: The over representation of Aboriginal people in the child welfare system
And Whereas: Aboriginal families continue to be disproportionately represented in the child welfare system as a direct result of the residential school legacy and other forced assimilation policies.
And Whereas: Aboriginal people have the inherent right to self-government as affirmed by 5.35 of the Canadian Charter of Rights and Freedoms.
Resolution: Start an Aboriginal Child Welfare Provincial Court
Therefore Be It Resolved: That the City of Vancouver, through its Family Court Youth Justice Committee, and other Family Court Youth Justice Committees in British Columbia, support Aboriginal groups in the establishment of an Aboriginal child welfare provincial court that will oversee the welfare of Aboriginal children and their families, and
Be It Further Resolved: That governments provide funds to train, educate, communicate, establish, build, legislate, and undertake whatever is necessary to prevent Aboriginal children and their families from being separated.
2. Submitted by: The City of Vancouver
Rationale: Child Poverty is destructive to Canadian Society
And Whereas: More than 132,000 of British Columbia's children, 1in 5 and almost three times the entire population of New Westminster live in poverty.
And Whereas: Two thirds of this number resides in single parent households, many of which receive no support from the absent parent.
And Whereas: Many of these children continue to fall between the cracks with the current legal, financial, and social measure now in place.
And whereas: Canada is a signatory to United Nations Convention on the Rights of the Child, which includes Article 27 (1)... " the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral, and social development." (3)... "shall take appropriate measures to assist parents and others responsible for the child to implement this right and in the case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing, and housing." And in 1989 the Canadian government made the commitment to end child poverty in Canada by the year 2000.
Resolution: That the Government of Canada undertake concrete measures to end Child Poverty.
Therefore Be It Resolved: That the Government of Canada undertake to end child poverty in Canada by 2006, the last year in the United Nation's "Decade for the Eradication of Poverty". That this undertaking be done in a comprehensive and non- stigmatic manner.
3. Submitted by: The City of Vancouver
Rationale: Child prostitution is the sexual abuse of a child
And whereas: Article 34 of the United Nations Convention on the Rights of the Child states participating countries shall: "...undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, (participating countries) shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
And whereas: There are a significant number of youth involved in the sex trade in the Lower Mainland and other parts of the Province,
And whereas: The reasons for children becoming involved in the sex trade are multi-factorial;
Resolution: That a coordinated, multi-disciplinary, multi-lateral approach be developed to combat child sexual abuse through prostitution
Therefore Be It Resolved: That the City of Vancouver, through its Family Court Youth Justice Committee, and other Family Court Youth Justice Committees in British Columbia, continue its work with current task forces and other groups working to ending child prostitution, and assist in the creation of a co-coordinated, targeted approach to combat it, and support a province-wide network that incorporates youth, schools, parents, educators, police, social services, drug and alcohol counsellors, and the Crown, which would focus on the education of youth, and the criminal prosecution of those who are involved in this form of sexual abuse against children.
4. Submitted by: The City of Vancouver
Rationale: Ending the Trafficking of Children to and in Canada and Providing Protection
And whereas: The trafficking of children in Canada has been identified and is a major phenomenon much of which is controlled by organized crime for the purposes of prostitution
And whereas: The trafficking of children to and in Canada has been acknowledged by the Canadian Government and NGO's internationally as well as by local organizations and police.
And whereas: Canada is a signatory to Article 24 of the Convention, which "requires States Parties to adopt appropriate measures to protect witnesses from potential intimidation or retaliation. This includes physical protection, relocation, and within legal constraints, concealment of identities. It may also mean the ... " international relocations of witnesses where appropriate". And Article 25 that "provides for the protection and support of victims (who will also usually be witnesses under Art. 24)."
And whereas: Canada has indicated its support for the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which is a supplement to the United Nations Convention Against Transnational Organized Crime
And whereas: it is also a signatory to the United Nations Convention on the Rights of the Child specifically Article 35, which states "States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the... traffic in children for any purpose or in any form."
Resolution: That Canada undertake a coordinated, inter-disciplinary, multi-lateral national and transnational approach to end the trafficking of children.
Therefore Be It Resolved: That the Government of Canada ensure that the new Criminal Code includes language that addresses the trafficking in children. And that Family Court Youth Justice Committees work with all levels of government, youth organizations, other NGO's, the Bar, the police and others, in arriving at effective methods for ending the trafficking of children and for monitoring them.
5. Submitted by: The City of Vancouver
Rationale: Homelessness has reached epidemic proportions in British Columbia and other parts of Canada.
And Whereas: Canada has seen a loss of low cost housing, which includes rental accommodation and houses, and has more and more people living on its streets over the last two decades.
And Whereas: Through government action and/or inaction at both the federal and provincial levels, we know that more individuals and families are finding it harder and harder to attain and maintain adequate housing. And that for many of those who have housing, maintaining a roof over their heads means that they and their families go without food, clothing, heat and other basics
And Whereas: Homelessness and the lack of affordable housing for children, youth, their families and others in our communities, affects the health and quality of life of Canadian society.
Resolution: That the federal government take specific actions to improving the availability of affordable housing for Canadians.
Therefore Be It Resolved: That the federal government with its provincial, municipal and NGO partners, take immediate and meaningful action to ensure that low income Canadians have adequate and affordable housing. And that particular attention to be paid to the housing needs of children, youth, and families including immigrants, those with disabilities, and those with mental illness. That an annual report on the progress of this initiative be issued to the public through the popular media.
6. Submitted by: The City of Vancouver
Rationale: Youth drug addiction and abuse affects all municipalities
And whereas: Drug courts are proving to be cost effective to the justice system in other jurisdictions - as much as 1/10th to 1/20th of the cost of incarceration,
And whereas: Participants in drug courts have an over 50% lower recidivism rate and graduates are staying clean longer than "regular" attendants at treatment programs,
And whereas: The new Youth Criminal Justice Act provides for extrajudicial measures and promotes non-custodial sentencing,
And whereas: Article 33 of the United Nations Convention on the Rights of the Child directs participating countries shall ..." take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances,"
Resolution: Initiating a Youth Drug Court pilot project shall be a priority
Therefore be it resolved: That the City of Vancouver, through its Family Court Youth Justice Committee, and other Family Court Youth Justice Committees in British Columbia, work together to lobby the municipal, federal and provincial governments to establish a youth drug court in the Province, on a priority basis.
CARRIED UNANIMOUSLY
The Committee adjourned at 3:12 p.m.
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