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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
SEPTEMBER 30, 2004 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 30, 2004, at 2:00 p.m., in Council Chamber, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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ABSENT: |
Mayor Larry Campbell (Leave of Absence) |
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
* Denotes absence for a portion of the meeting.
RECOMMENDATION
1. 231 East King Edward Avenue - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated August 5, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 231 East King Edward Avenue to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
Peter Sweeney, Manager of Building Inspections Branch, reviewed the report and responded to questions relating to history and City actions relating to this property.
Ortensio Albanese, Owner, advised that his efforts to obtain a permit for the deck were unsuccessful and thought this issue should go back to Justice Davies who originally heard his appeal.
Mr. Sweeney referred to letters sent Mr. Albanese regarding the deck and the dismissal of the appeal by Justice Davies.
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 231 East King Edward Avenue (Lot 10 S Hlf, Block A, District Lot 301, Plan 5112) 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 231 East King Edward Avenue 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
(Councillor Sullivan not present for the vote)
2. Liquor Retail Policy and Guidelines (File 2610)
Vancouver City Council, at its July 22, 2004 meeting following the Standing Committee on Planning and Environment meeting, postponed this item to the September 30, 2004 meeting of Standing Committee on Planning and Environment to provide Council an opportunity to review the report in detail.
Accordingly the Committee had before it a Policy Report dated July 6, 2004 in which the Director of City Plans in consultation with the Chief License Inspector, the Director of Development Services and the Director of Social Planning, recommended Council approve revised policy on the types and locations of liquor stores, as well as other minor revisions to the current Liquor Retail Guidelines. It was further recommended that Council approve writing to the Province regarding measures recommended by the Provincial Health Officer and policy relating to future annual business license fees. The General Manager of Community Services recommended approval.
Heike Roth, Planner, reviewed the report and along with Trish French, Senior Planner, Bill Boons, Co-Manager of Processing Centre, and Paul Teichroeb, Chief License Inspector, responded to questions relating to lack of input from the Medical Health Officer, limitations of boundaries and criteria for specific locations, economics of selling spirits, the notification process and land use controls.
The following spoke in opposition to Recommendations A and B:
Carlos Brito
Steve Bauer, Pumpjack Pub
Jeff Fox, Director, BCGEU (brief submitted - on file)
Beth Orson, Captain, Block Watch, Vancouver/Fraserview 27 (brief submitted - on file)
Cheryl Davies, Chair, Parent Advisory Committee, David Thompson Secondary School
Scott Glover, Harvest City Church
Shane Simpson, Burrardview Neighbourhood Association
David Knowles
Kimberley Daum
Speakers' comments included:
· 150 metre rule is ineffective; at many locations a family-oriented use facility already exists within that distance;
· not everyone wants to run a liquor store, but some operators want to take advantage of provincially designated LRS pricing;
· if unable to open an outlet, many businesses will fail as they cannot compete;
· communities should decide on retail outlet location on a case-by-case basis;
· other municipalities' policies (e.g. Burnaby) should be reviewed before making a decision;
· harm reduction strategies should be established and commitments in place;
· maintain existing zoning policy;
· establish broader community benchmarks to assess applications;
· current and proposed guidelines are inadequate; reasonable, effective policy guidelines should be established now, because once in place, stores will be difficult to relocate;
· research and neighbourhood consultation has been inadequate and should be completed before a decision is made; liquor industry should not have the only voice;
· adoption of a points system reflecting value of all Vancouverites;
· renters as well as owners and affected community organizations (e.g. churches/treatment consultants, BIAs) should be included in public consultation;
· regulated industries are better-served by public sector;
· system works, but notification process needs improvement;
· neighbourhoods have not been demanding more outlets and are currently well-served;
· issue is not about servicing communities, but about money; and
· Downtown Eastside is an example of impact of proliferation of liquor outlets.
Karen Gilmore spoke in favour of Recommendation A (brief submitted - on file). Comments included:
· under proposed guidelines, City staff may not be able to consistently apply guidelines;
· neighbourhood consultation and guidelines must be clarified and strengthened; should include information regarding relevant zoning by-laws, size of proposed outlets, hours of operation, range of liquor products and how applicant would deal with parking, etc.
The following spoke in favour of Recommendation B:
Dave Crown, President, ABLE BC (brief submitted - on file)
John Teti, Chair, Barwatch (brief submitted - on file)
John Kettlewell, Elephant Walk Pub
Roger Gibson, Applicant for retail store outlets
Harry Beck, Village Pub
Thor Berengel
Kevin Kleparchuk, Cedar Cottage Neighbourhood Pub
Speakers' comments included:
· Provincial Government plans to close smaller volume stores in Vancouver and open two more major destination stores;
· no union jobs will be lost;
· influx of unwanted clientele is a myth;
· increase in number of retail outlets does not result in increased consumption;
· response to criticism against beer stores:
o hours of operation opposite traffic flows;
o fewer deliveries and less noise than restaurants or retail stores;
o no statistics indicate an increase of crime;
o outlets will recycle;
o policy is contrary to reality; schools have been built near existing liquor stores;
· all outlets should be able to sell full product line, as requested in community; no difference in alcohol content of products, but clients required to go to different outlets;
· liquor retail stores have excellent record relating to sale of liquor to minors;
· report is too complicated, not easily understood;
· there have been no problems with liquor stores near schools;
· great support within the community to sell wide variety of products;
· given option to support local stores with partial product line or full-service liquor store, clientele would choose the latter; and
· option to change from beer only store should be an easier process.
Chris Heard, Kitsilano Wine Cellar, indicated no preference for either Recommendation A or B. He expressed concern as to how this policy would impact business and neighbourhoods.
Staff responded to questions relating to the following:
· timeframes of continuing policy review;
· zoning and geographical considerations related to license applications;
· application process;
· notification process including translations and distribution to renters/owners;
· impacts on, and variations within, neighbourhoods;
· on-going dialogue with Liquor Distribution Branch.
The Committee recessed at 5:05 p.m. and reconvened at 5:20 p.m.
MOVED by Councillor Louie
THAT the Committee recommend to Council
A. THAT consideration and decision on Recommendations A and B of the Policy Report Liquor Retail Policy and Guidelines dated July 6, 2004, be postponed in order to receive a report back from staff on what would be involved in a community consultation process related to Retail Liquor Policy and Guidelines; and
FURTHER THAT the report back would include a review of policies implemented by other municipalities, including Burnaby.
B. THAT Council, through the Mayor, write to the Premier and relevant Ministers urging the Province to follow the recommendations of the B.C. Provincial Health Officer to monitor public health and safety impacts; increase prevention programming; monitor and enforce laws on sales to underage and intoxicated persons; enhance the treatment and rehabilitation system; and evaluate prevention policies and programs.
C. THAT in the annual review of Business License fees for 2004 and subsequent years, the Chief License Inspector take into consideration any additional City enforcement costs that are associated with liquor retail outlets, such as policing and inspections.
CARRIED
(Councillors Green, Ladner, Stevenson, Sullivan opposed to A)
Councillor Bass requested staff consider the following in its report back:
· options for number of outlets and forms of alcohol to be sold;
· guidelines for location of outlets;
· estimates of effects of policy change on alcohol consumption; and
· related health consequences.
POSTPONEMENT
MOVED by Councillor Sullivan
THAT the Committee recommend to Council
THAT, due to time constraints, the Policy Report Report Back on Leaf Blower Regulation - Prohibition in the West End, dated June 21, 2004, (Item 3 on the agenda), be postponed to the October 7, 2004, meeting of Standing Committee on City Services and Budgets.
LOST
(Councillors Bass, Cadman, Green, Ladner, Louie, Louis, Stevenson and Woodsworth opposed)
NEW BUSINESS
Leave of Absence - Councillor Jim Green (File 1254)
MOVED by Councillor Louis
THAT Councillor Jim Green be granted Leave of Absence from this meeting following the conclusion of the item Liquor Retail Policy and Guidelines.
CARRIED UNANIMOUSLY
RECOMMENDATION
3. Report Back on Leaf Blower Regulation - Prohibition in the West End (File 3755)
Vancouver City Council, at its July 22, 2004 meeting following the Standing Committee on City Services and Budgets meeting, postponed consideration of this item to allow staff to consult with the industry on a strategy to address issues related to leaf blowers.
Accordingly the Committee had before it the following documents:
i) memo from Director of Health Protection of Vancouver Coastal Health Authorty, in consultation with the General Manager of Parks and Recreation which provided options for Council to consider relating to Recommendation B of the Policy Report Leaf Blower Regulation - Prohibition in the West End, dated June 21, 2004;
ii) extract of July 22, 2004 minutes of the Standing Committee on City Services and Budgets;
iii) Policy Report Leaf Blower Regulation - Prohibition in the West End, dated June 21, 2004.
Nick Losito, Director, Vancouver Coastal Health, and Piet Rutgers, Director of Planning and Operations, Vancouver Parks & Recreation, responded to questions relating to noise levels and technical differences between leaf blowers and other tools.
The following spoke in favour of the prohibition of leaf blowers:
Jane Stock, BC Landscape & Nursery Association
John Whistler, West End Residents' Association
Speakers' comments included:
· prohibition shifts responsibility for compliance from property owner to service provider;
· more than just noise involved; type of motor and residue cause impact on air quality and dust level;
· manual method more effective and sensitive to residents; and
· exemption for Park Board, School Board and very large property owners acceptable.
The following spoke in favour of postponing prohibition of leaf blowers pending staff report back on the Blower Task Force plan:
Barry Auger
Sid Jongloed
Gordon MacArthur, Para Space Landscaping (brief submitted - on file)
Liz Spring, BC Landscape & Nursery Association
Tony Cox, Regional Sales Manager, Stihl Limited
Speakers' comments included:
· decibel level of new models of leaf blower is lower than 65;
· ban will increase water useage;
· requiring permits for use of leaf blower would force noise level compliance;
· ban means more time required to clear leaves, inferior result, unhappy customers;
· current restrictions are manageable and should be maintained;
· leaf blower has less of an impact on employees' health;
· increase in manual labour increases costs which might mean loss of business;
· fear expressed that if West End ban approved, it will be used in other parts of Vancouver;
· industry-based education sessions are being held regarding acceptable machinery, when to use leaf blowers; how to write contracts and customer satisfaction;
· contractors have a good rapport with apartment owners/managers; and
· Blower Task Force has worked diligently for 2 years and should be able to finish its work.
Staff responded to questions relating to the state of current equipment, potential success of measures being proposed, West End complaints regarding various types of noise and finances.
MOVED by Councillor Stevenson
THAT the Committee recommend to Council
A. THAT the area of the West End, where the use of leaf blowers is prohibited, will generally confirm with the area outlined in black on the map attached as Schedule F (Option2) of the Policy Report Leaf Blower Regulation - Prohibition in the West End, dated June 21, 2004, thereby conforming more closely to the City definition of West End (stopping at the mid-line of Georgia Street, from the centre line of Burrard Street to Stanley Park, on the North) and excluding the property south of Beach Avenue.
B. THAT the Park Board annual operating budget be increased by the amount of $39,000, with the 2004 amount being pro-rated from the effective date of the bylaw.
CARRIED
(Councillors Bass, Ladner and Sullivan opposed and Councillor Green not present for the vote)
Meeting Coordinators' Note: Note addition of Recommendation C in Council portion of Minutes.
The Committee adjourned at 6:30 p.m.
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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 30, 2004 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 30, 2004, at 6:30 p.m., in 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: |
Deputy Mayor Fred Bass
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ABSENT: |
Mayor Larry Campbell (Leave of Absence)
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CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Bass in the Chair.
CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
September 30, 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. 231 East King Edward Avenue - Warning to Prospective Purchasers
2. Liquor Retail Policy and Guidelines
3. Report Back on Leaf Blower Regulation - Prohibition in the West End
MOVED by Councillor Roberts
THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of September 30, 2004, as contained in Items 1 -3, be approved.
CARRIED UNANIMOUSLY
(Councillor Ladner not present for the vote)
3. Report back on Leaf Blower Regulation - Prohibition in the West End (File 3755)
MOVED by Councillor Louie
THAT in addition to the recommendations and actions taken by the Standing Committee on Planning and Environment on this day, the following additional recommendation be approved for Item 3 - Report Back on Leaf Blower Regulation - Prohibition in the West End:
C. THAT staff report back to Council in one year regarding the leaf blower initiative.
CARRIED UNANIMOUSLY
(Councillor Ladner not present for the vote)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
(Councillor Ladner not present for the vote)
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Louie
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
(Councillor Ladner not present for the vote)
NEW BUSINESS
1. Leave of Absence - Councillor Sullivan (File 1254)
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT Councillor Sam Sullivan be granted Leave of Absence from the September 30, 2004 Public Hearing.
CARRIED UNANIMOUSLY
The Council adjourned at 7:10 p.m.
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