These minutes will be adopted at the Regular Council meeting on December 14, 2004.

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, November 18, 2004, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

*Denotes absence for a portion of the meeting.

 

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of October 21, 2004, were adopted.

RECOMMENDATION

1. 2550 East 29th Avenue - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated October 5, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 2550 East 29th Avenue in order to warn prospective purchasers that the building had been used twice as a marijuana grow operation and there are outstanding by-law violations related to this unapproved use. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, provided an overview of the report.

MOVED by Councillor Woodsworth
THAT the Committee recommend to Council

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2550 East 29th Avenue, Lot G, Blocks 1 and 3 of Blocks 10 to 13, District Lot 52, Plan 9826 , PID 009-447-105 in order to warn prospective purchasers that this building has been used as an illegal marijuana grow operation on two occasions and there are contraventions of the Vancouver Building and Electrical By-laws related to this unapproved use.

CARRIED UNANIMOUSLY
(Councillor Green and the Mayor absent for the vote)

2. 2534 Grant Street - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated October 15, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 2534 Grant Street in order to warn prospective purchasers of by-law violations in relation to the building. It was also recommended the Director of Legal Services be authorized to take necessary actions, at her discretion. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, reviewed the report.

Carmelina Sorace and Guiseppina Sorace (aided by Frank Spartano, who translated for her), spoke in opposition to staff's recommendations. They noted Mrs. Sorace had excavated the basement rooms to provide living space for her daughter and grandson, who were in need of assistance, and the space has never been rented out. The family has lived in the neighbourhood for over 40 years without causing any problems.

Mr. Sweeney responded to questions concerning the process which the owner would need to undertake in terms of attempting to gain appropriate approvals for the rooms created from the excavated crawl-spaces. He also noted that if the owner applied for permits and subsequently made application to the Board of Variance, legal actions could be held off until the completion of that process.

MOVED by Councillor Stevenson
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to 2534 Grant Street (Lot 18, Block 6, District Lot SEC 33 NW QTR THSL, Plan 4870) 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 2534 Grant 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
(Mayor Campbell absent for the vote)

3. 5255 Inverness Street - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated October 20, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 5255 Inverness Street in order to warn prospective purchasers of by-law violations in relation to the building. It was also recommended the Director of Legal Services be authorized to take necessary actions, at her discretion. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, provided an overview of the report, and noted that on December 1st the Board of Variance was considering a third application by the owner in regard to the unapproved deck enclosure, and therefore any legal actions would be held off until following that date.

MOVED by Councillor Louis
THAT the Committee recommends to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 5255 Inverness Street (Lot 26 AMD Block 18, District Lot 668-670, Plan 1369) 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 5255 Inverness Street (Lot 26 AMD Block 18, District Lot 668-670, Plan 1369) 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

4. 319 East 59th Avenue - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated October 14, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 319 East 59th Avenue 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 take necessary actions, at her discretion. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, reviewed the report.

Hai Nguyen, owner of the subject property, spoke in opposition to staff's recommendations. He noted that the pipe connection between the two properties has existed since 1950 when an easement was put on one side of the neighbouring property and a culvert installed from the front to the back of the property. He further noted that the removal and capping off of the pipe connection by the current owner of the adjacent property has resulted in damage to his property.

Gerald Des Roches, owner of the neighbouring property, spoke in support of staff's recommendations, and disputed the claim that the pipe connection between the two properties has existed for 50 years. He clarified the circumstances with regard to his eventual capping off of the connection between the properties, and advised that his yard has been flooded on two occasions by the actions of the owner of the subject property.

Mr. Sweeney and David Pope, Manager, Plumbing/Gas and Sprinkler Branch, responded to questions concerning the outstanding legal action against the City and the estimated cost of rectifying the situation to comply with the Plumbing By-law.

MOVED by the Mayor
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to 319 East 59th Avenue (Lot 18, Block 10 S Hlf, District Lot 656, Plan 2200) in order to warn prospective purchasers that there are contraventions of the Vancouver Building By-law related to this property.

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 319 East 59th 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

5. Grey Cup Festival 2005 (File 4201)

The Committee had before it an Administrative Report dated November 1, 2004, in which the General Manager of Engineering Services recommended Council give its support in principle to street closures on the weekend of November 26 and 27, 2005, for a Grey Cup street festival and parade.

Muriel Honey, Manager, Film and Special Events Office, (booklet distributed) provided an overview of the report.

MOVED by Councillor Louis
THAT the Committee recommends to Council

THAT Council approve the request by the Grey Cup 2005 Festival Organizing Committee to close city streets on the weekend of November 26th & 27th, 2005 for a Grey Cup street festival, and for a Grey Cup Parade generally as described in the Administrative Report dated November 1, 2004, entitled "Grey Cup Festival 2005" and subject to FEST and the organizers working out acceptable detailed arrangements.

CARRIED UNANIMOUSLY

6. Liquor Licensing Hours of Service Policy Recommendations (File 2611)

The Committee had before it a Policy Report dated October 7, 2004, in which the Chief License Inspector, in consultation with Legal Services, recommended Council endorse an hours of liquor service policy model to regulate hours of liquor service city-wide, and by specific area, through a two-tiered licensing structure and through impact reduction strategies, provided that the City obtains the necessary authority from Cabinet and the Province. Council's direction was sought with respect to the continuation of liquor service beyond 2:00 a.m., and in regard to an implementation strategy for the policy model.

Karen Hoese, Policy Analyst, License Office, with the aid of an overhead presentation, provided an overview of the Policy Report, including a summary of the recommendations and the implications of approval.

Inspector Val Harrison, Vancouver Police Department, reviewed the Department's concerns with regard to extended hours of service and provided a rationale for its support for a return to a 2 a.m. bar closing.

Ms. Hoese and Inspector Harrison, along with Guy Gusdal, Licensing Coordinator, and Nick Losito, Director of Vancouver Coastal Health, responded to questions regarding proposed liquor service area definitions, problem establishments and their locations, social impacts of extended hours and overtime costs for Police Officers.

The following spoke in support of extended hours of liquor service (Recommendation E):

Sam Campbell
Vance Campell, Barwatch (materials filed)
Rick Douglas
Darryl Nelsen
James Steck, Davie Village Business Improvement Association
Phil Moon, Numbers Cabaret
Dave Kershaw, Au Bar/Tonic/Stone Temple
Keith Guthrie, Yale Hotel
Rob Bracken
Camil Duboc, Barwatch
John Teti, Barwatch (materials filed)
Geoff Hughes, Madison Park Developments
Dave Baspaly & Dave Pranteau, In Focus Management Consulting (materials filed)
Ross Pascuzzo, Celebrities Night Club
Owen Cameron, Treoscope/Safe Nite Out
Michael Levy, Odyssey Night Club (materials filed)
Wade Luciak, Yale Hotel
Blaine Culling, Granville Entertainment
Angus Praught
Robert Kaiser
Alan Herbert
Randy Atkinson, Davie Village Business Improvement Association.

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

· several speakers expressed concern with regard to the proposed defined area boundaries whereby establishments in certain parts of the downtown, such as Davie Village and the Downtown South portion of Granville Street, would have to close earlier than other establishments;
· downtown residents should not expect the peace and tranquility of the suburbs;
· an entire industry should not be punished because of one or two problem premises;
· rolling back the operating hours of legitimate businesses would result in a proliferation, once again, of illegal "booze cans" in the city;
· in reality we are only talking about one extra hour per week, as Friday has never been a busy club night in Vancouver, but that one hour is crucial to the vitality of night life in Vancouver;
· the level playing field for Davie Street operators was hard won and needs to be maintained; all of downtown must be on a level playing field;
· closing Davie Street and some Granville Street bars earlier than other locations would push customers into the Entertainment District and result in increased congestion in an already crowded area;
· many bar owners employ the Treoscope system at their businesses, which is a tool for dealing with problem patrons; have seen a dramatic decrease in violence in bars;
· with extended hours, the Yale is able to offer additional hours to bar staff and employ more bands, which contributes to a healthy local music industry;
· bar owners have been very cooperative in working with the City to minimize impacts and voluntarily rolled hours back to 3 a.m. from 4 a.m.;and
· Vancouver has a strong gay tourism industry, which relies on extended opening hours.

The following spoke in opposition to extended hours of liquor service, and in support of alternate Recommendation F:

Deborah Mannette
Aaron Jasper, West End Residents' Association.

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

· there are many hidden costs of extended opening hours, such as effects on people's health, addictions, court costs, loss of sleep;
· Gastown is home to many artists who are employed in the local design industry; businesses will be lost if extended hours drive people out of the area;
· appropriate levels of policing and transit service should be in place before extended hours are approved;
· concern was expressed in regard to inadequate public notification of this report and meeting;
· feel if Westend residents had been made aware of the report, many would have come to express opposition to extended hours; and
· most tourism activity in Vancouver is related to activities other than night-clubbing.

The following expressed concern with regard to staff's recommendations:

Bruce Davis
Cyrus Pejan, Rodaos
Paul Sihota.

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

· a third option may be to roll hours back to 2 a.m. until such time as the Province provides the City with regulatory authority;
· 2 a.m. closings should be reinstated until a fully thought out plan is formulated; and
· concern expressed that licensed premises in the Downtown Eastside are being excluded from the extended hours of service policy.

Mr. Gusdal and Ms. Hoese responded to questions concerning the public notification process.

MOVED by Councillor Cadman
THAT the Committee recommend to Council

A. THAT Council approve the Standard Hours of Liquor Service by Area Policy for all liquor primary establishments, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations", and in Appendix A of that report, for the purpose of recommending hours of service to the general manager under the Liquor Control and Licensing Act.

B. THAT Council authorize the Chief License Inspector and Director of Legal Services to request Cabinet to add "liquor primary establishment" to its Classes of Business Premises Regulation No. 33/99.

C. THAT Council request the Chief License Inspector to report back on a strategy to implement impact reduction measures with respect to liquor licensed establishments and hours of liquor service.
D. THAT Council authorize the Chief License Inspector and Director of Legal Services to request the Province to amend the Vancouver Charter to give Council an effective and efficient means to both implement and roll back extended hours of liquor service, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations" and in Appendix A of that report, on a case by case basis.

E. THAT Council support in principle the Extended Hours of Liquor Service Policy up to 3 a.m. with further limited extensions up to 4 a.m. for liquor primary establishments, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations" and in Appendix A of that report, subject to:

i. the City obtaining the necessary authority under the Vancouver Charter to ensure an effective and efficient means to implement or roll back the extended hours of liquor service on a case by case basis, and

amended

AMENDMENT MOVED by Councillor Green

THAT Motion E be amended by adding at the end:

FURTHER THAT the Granville Street Entertainment District be extended to the Granville Bridgehead.

amended

SECONDARY AMENDMENT MOVED by Councillor Louis

THAT the amendment be amended by striking out the words following "FURTHER THAT..." and preceding the words "...to the Granville Bridgehead" and inserting the words "...Council direct staff to report back within six months on the implications of extending the Granville Street Entertainment District..."

CARRIED UNANIMOUSLY

The secondary amendment having carried unanimously, the primary amendment as amended was put and CARRIED UNANIMOUSLY.

AMENDMENT MOVED by Councillor Stevenson

THAT Motion E be further amended by adding at the end:

FURTHER THAT the Davie Village area (including the Odyssey night club) be included as part of the Primarily Commercial Area.

amended

SECONDARY AMENDMENT MOVED by Councillor Louis

THAT the amendment be amended by striking out the words following "FURTHER THAT..." and preceding the words "...as part of the Primarily Commercial Area" with the words "...Council direct staff to report back within six months on the implications of including the Davie Village area (including the Odyssey night club)...".

CARRIED
(Councillor Stevenson opposed)

The secondary amendment having carried, the primary amendment as amended was put and CARRIED UNANIMOUSLY.

MOTION AS AMENDED:
THAT the Committee recommend to Council

A. THAT Council approve the Standard Hours of Liquor Service by Area Policy for all liquor primary establishments, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations", and in Appendix A of that report, for the purpose of recommending hours of service to the general manager under the Liquor Control and Licensing Act.

B. THAT Council authorize the Chief License Inspector and Director of Legal Services to request Cabinet to add "liquor primary establishment" to its Classes of Business Premises Regulation No. 33/99.

FURTHER THAT, if Cabinet amends the Classes of Business Premises Regulation to prescribe "liquor primary establishments", Council request the Chief License Inspector to report back on incorporating the Standard Hours of Liquor Service by Area Policy into the License By-law.

C. THAT Council request the Chief License Inspector to report back on a strategy to implement impact reduction measures with respect to liquor licensed establishments and hours of liquor service.

D. THAT Council authorize the Chief License Inspector and Director of Legal Services to request the Province to amend the Vancouver Charter to give Council an effective and efficient means to both implement and roll back extended hours of liquor service, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations" and in Appendix A of that report, on a case by case basis.

E. THAT Council support in principle the Extended Hours of Liquor Service Policy up to 3 a.m. with further limited extensions up to 4 a.m. for liquor primary establishments, as outlined in the Policy Report dated October 7, 2004, entitled "Liquor Licensing Hours of Service Policy Recommendations" and in Appendix A of that report, subject to:

i. the City obtaining the necessary authority under the Vancouver Charter to ensure an effective and efficient means to implement or roll back the extended hours of liquor service on a case by case basis, and

ii. the Chief License Inspector reporting back on:

(a) the effectiveness and cost of the impact reduction measures one year after implementation, and

(b) incorporating the Extended Hours of Liquor Service Policy into the License By-law.

FURTHER THAT Council request the Chief License Inspector to approach the Liquor Control and Licensing Branch to continue the current process for temporary approvals under the Interim Hours of Service Policy for extended hours, and that the Chief License Inspector continue the interim policy until Council has approved an alternative means of implementation; and

FURTHER THAT Council direct staff to report back within six months on the implications of extending the Granville Street Entertainment District to the Granville Bridgehead; and

FURTHER THAT Council direct staff to report back within six months on the implications of including the Davie Village area (including the Odyssey night club) as part of the Primarily Commercial Area.

CARRIED
(Councillors Bass, Louis and Sullivan opposed to E)

The Committee adjourned at 6:28 p.m.

* * * * *

 

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, November 18, 2004, at 6:28 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.

COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Stevenson

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
November 18, 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. 2550 East 29th Avenue - Warning to Prospective Purchasers
2. 2534 Grant Street - Warning to Prospective Purchasers
3. 5255 Inverness Street - Warning to Prospective Purchasers
4. 319 East 59th Avenue - Warning to Prospective Purchasers
5. Grey Cup Festival 2005
6. Liquor Licensing Hours of Service Policy Recommendations

MOVED by Councillor Roberts

THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of November 18, 2004, as contained in Items 1-6, be approved.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman

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

The Council adjourned at 6:30 p.m.

* * * * *

pe20041118.htm

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