CITY OF VANCOUVER
REGULAR COUNCIL MEETING
A Regular Meeting of the Council of the City of Vancouver was held
on Thursday, July 11, 1996, at 6:40 p.m., in Committee Room No. 1, Third
Floor, City Hall, following the Standing Committee on Planning and
Environment meeting, to consider the recommendations of the Committee.
PRESENT: Mayor Owen
Councillors Clarke, Hemer, Price, Puil and
Sullivan
ABSENT: Councillor Bellamy (Civic Business)
Councillor Chiavario (Leave of Absence)
Councillor Kennedy (Civic Business)
Councillor Kwan (Leave of Absence)
Councillor Ip (Leave of Absence)
CITY MANAGER'S REPRESENTATIVE: Dave Rudberg, General Manager of
Engineering Services
CLERK TO THE COUNCIL: Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr. Hemer,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee
on Planning and Environment
July 11, 1996
Council considered the recommendations of the Committee, as
contained in the following clauses of the attached report:
Cl. 1: Private Property Tree By-law
Cl. 2: Amendment to Vehicles for Hire By-law:
Driver Training and Identification
COMMITTEE REPORTS (CONT'D)
Report of Standing Committee
on Planning and Environment
July 11, 1996 (Cont'd)
Clauses 1 and 2
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as set out in Clauses 1
and 2 of the attached report, be approved.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to Prohibit the Removal of Trees
MOVED by Cllr. Clarke,
SECONDED by Cllr. Hemer,
THAT the By-law be introduced and read a first time.
- CARRIED
(Councillor Puil opposed)
The By-law was read a first time and the Presiding Officer declared
the By-law open for discussion and amendment.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Hemer,
THAT Section 5 be amended by deleting the sum $5,000 and
substituting therefor the sum $20,000.
- CARRIED
(Councillor Puil opposed)
BY-LAWS (CONT'D)
A By-law to Prohibit the
Removal of Trees (Cont'd)
MOVED by Cllr. Clarke,
SECONDED by Cllr. Hemer,
THAT the By-law be given second and third readings and the Mayor
and City Clerk be authorized to sign and seal the By-law.
- CARRIED
(Councillor Puil opposed)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke.
SECONDED by Cllr. Hemer,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
* * * * *
The Council adjourned at 6:45 p.m.
* * * * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
July 11, 1996
A Regular Meeting of the Standing Committee of Council on Planning
and Environment was held on Thursday, July 11, 1996, at approximately
2:00 p.m. in Committee Room No.1, Third Floor, City Hall.
PRESENT: Councillor Price, Chair
Mayor Owen
Councillor Clarke
Councillor Hemer
Councillor Puil
Councillor Sullivan
ABSENT: Councillor Bellamy (Civic Business)
Councillor Chiavario (Leave of Absence)
Councillor Ip (Leave of Absence)
Councillor Kennedy (Civic Business)
Councillor Kwan (Leave of Absence)
CITY MANAGER'S REPRESENTATIVE: Dave Rudberg, General Manager of
Engineering Services
CLERK: Nancy Largent
ADOPTION OF MINUTES
The Minutes of the meeting of June 13, 1996 were adopted as
circulated.
The Chair noted that when the Committee dealt with the False Creek
Flats Industrial Plan (Clause 3) at the foregoing meeting, it had before
it the following deferred motion:
MOVED by Councillor Kwan,
THAT staff be requested to report back on a process to develop the
Grandview Cut for pedestrian or rail use only.
- Lost
The motion was not put to a vote on July 11th. To clarify
Council's wishes in the matter, the Chair called for a vote on
Councillor Kwan's motion at this time.
The motion by Councillor Kwan was put and LOST.
(Councillors Clarke, Hemer, Price, Puil,
Sullivan and the Mayor opposed)
RECOMMENDATION
1. Private Property Tree By-law File: 2501-3/5301-3
The Committee had before it a Policy Report dated June 13, 1996 (on
file), in which the Director of Land Use and Development discussed three
options to expand application of the existing Private Property Tree
By-law to protect significant trees on private property. Option 3 was
recommended, to seek replacement planting but also regulate (prohibit)
some tree removal at all times, including private sector assessment of
trees proposed for removal, City review and a permit system.
A companion Policy Report dated June 13, 1996 (on file) set out the
financial and staffing requirements of the recommended Option 3.
Proposed amendments to the Private Property Tree By-law and details of
the tree removal permit system were also set out.
Commenting on the proposed Option 3, the General Managers of
Community Services, Engineering Services and the City Manager noted this
proposal would create a higher level of control and bureaucracy in the
management of trees, with higher costs to the residents. Although there
has been strong community support for such a by-law, some individuals
will view this as an unwarranted restriction on the rights of private
property owners.
Nevertheless, noting that neighbourhoods are pressing for increased
regulation to maintain character and amenity, and that the proposal
provides a relatively efficient way to increase the level of regulation,
the General Manager of Community Services recommended approval.
Michael von Hausen, Senior Landscape Architect, clarified the
provisions of the existing by-law and explained its major limitation is
lack of protection for significant existing trees. While regulation of
development has been reasonably effective, many significant trees
continue to be removed prior to the sale of some properties or
submission of development applications. Mr. von Hausen described
community response to the alteration of streetscapes, went over the
options for increased regulation, and reviewed the rationale for
selecting Option 3 including reduced costs to the City.
Peter Simpson, Greater Vancouver Homebuilders Association,
supported the preservation of significant trees but expressed concerns
about the proposed by-law amendment. Many residents will view it as an
infringement on their personal property rights. The Planning Department
staff contingent, already relatively large, will increase. Staff
estimate that cost recovery will entail a 7% increase in fees, which is
unacceptable to the industry. Mr. Simpson described desirable
provisions in use in Houston which permit staff considerable flexibility
to alter setbacks to save trees.
Clause No. 1 Continued
The following speakers expressed strong support for the proposed
by-law amendment:
* Irmela Topf, Urban Tree Preservation Association
* Johanna Albrecht, West Kerrisdale Residents Association
* Eleanor Riddell, Cartier-Hudson-Athlone Team
* June Binkert, West Southlands Ratepayers Association
* Lily and Tamiya Johnston-Okuyama, Leadership Initiative for
Earth (introduced and read poem composed by Lily Okuyama)
* John Harper, Killarney resident (also read portion of poem by
Colin Browne, Kitsilano resident)
* Bill Farish, Kerrisdale resident
* Helen Spiegelman, Dunbar Residents Association
Points made by the foregoing speakers are summarized as follows:
* more stringent regulations are needed to prevent destruction
of the urban forest, and preserve this valuable legacy for
future generations;
* the existing by-law is inadequate and is not enforced;
* surveys carried out by neighbourhood groups indicate a clear
majority of the public strongly supports more protection for
significant trees on private property, and the speakers
believed this would apply to preservation on anyone's property
all the time;
* private property rights must be balanced against social
responsibility and the needs of the community, which wishes to
see significant trees preserved;
* strict by-laws in other communities, such as Toronto, have
been well-accepted;
* trees are one of Vancouver's most valuable features,
contributing greatly to its natural beauty and liveability;
* tree preservation has been a neighbourhood issue for years,
and an effective by-law is long overdue;
* with good will, people can be educated to better understand
the community's need to preserve significant trees;
* neighbourhoods bounded by streets with heavy traffic need to
preserve trees to reduce the impacts of noise, air pollution,
etc.;
Clause No. 1 Continued
* cutting down mature trees increases water drainage problems;
* trees provide important natural habitat which should also be
preserved;
* several speakers commented on the negative effects of
tree-cutting in specific neighbourhoods and/or deplored the
erosion of quality of life on a day-to-day basis;
* too many trees on public property are removed, and replacement
is inadequate;
* too many trees on private property have been cut down in
anticipation of this by-law, which must be passed immediately
to prevent further destruction;
* the by-law can be amended again in future, if required. Dick Meerkerk, Renfrew-Collingwood resident, felt this issue is
more important to the west side of the city than the east side.
Residents in his area are more concerned about protecting parks and
creating more. Lots on the east side of the city are smaller, on
average, and requiring retention of large trees which have overgrown a
small lot could be a real nuisance to property owners. Mr. Meerkerk
suggested targeted measures would be preferable to blanket standards.
Peter Kwok, Shaughnessy resident, was concerned that in the long
run, passage of the proposed by-law amendment would result in fewer
trees in the city. Owners concerned about their property rights will
not plant new trees, or will cut down young trees before they reach the
size protected by the by-law. Instead. Mr. Kwok felt a tree-cutting
quota and required replacement would be acceptable to most property
owners with good long-term results. Mr. Kwok also felt there had not
yet been adequate public consultation on this issue.
The Committee agreed that too many trees are still being cut down
on private property, particularly in cases where property owners wish to
remove trees believing this will improve their prospects for sale.
However, a number of concerns were raised with respect to the staff
recommendations.
While acknowledging that there is strong community sentiment in
favour of tree preservation, the Committee thought that in many cases
this is directed toward wholesale tree removal for development purposes
rather than toward individual property owners who cut down a tree on
their own property. There was also concern that the surveys carried out
by neighbourhood groups may not have made it clear that the proposed
tree by-law would target all trees in the city over the specified size,
with few exemptions allowed.
Clause No. 1 Continued
Some concern was also expressed about infringing on private
property rights, and it was felt that many property owners would share
this concern. To better ascertain public opinion in general, it was
decided that a final decision would be deferred until no later than
August 1st, with a poll on the provisions of the proposed amendment to
be carried out in the interim.
The Committee wished to prevent any further clear-cutting of trees
pending its future decision on a by-law amendment. Queried whether it
would be possible to pass a by-law to prevent the removal of trees on an
interim basis, Mr. Rudberg advised a by-law to accomplish this had been
prepared in case Council chose to take such an action, The Committee
instructed that the by-law be brought forward for adoption at the
Council meeting immediately following this meeting.
The Committee also discussed possible tree protection provisions
which would be less sweeping in their effect. For example, it may be
worthwhile to limit the number of trees which a property owner may cut
within a given period of time, or to require replacement of all cut
trees. Queried regarding the possibility of less stringent permitted
exemptions, staff responded that the City's power to regulate tree
removal requires that exemptions be very clear and specific; there is no
authority for the exercise of discretion. However, it was pointed out
it would be possible to appeal refusal of a tree removal permit to the
Board of Variance.
The following motions by Councillor Hemer were put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT Council commission a professional independent polling
company to carry out a telephone survey of Vancouver
homeowners regarding the proposed Option 3 amendments to the
Private Property Tree By-law, and that the results be reported
back to Council on or before August 1, 1996;
AND FURTHER THAT the General Manager of Community Services be
empowered to sign whatever contracts and allocate whatever
funds are required to carry out this survey.
B. THAT the Director of Legal Services be requested to bring
forward the necessary by-law amendments on or before August 1,
1996.
- CARRIED UNANIMOUSLY
NOTE FROM CLERK: An Interim Tree Removal Prohibition By-law (ByŸlaw No.
7594), effective July 11, 1996, was passed by City Council immediately
after this meeting.
2. Amendments to Vehicles for Hire By-law:
Driver Training and Identification File: 2801-3
The Committee had before it a Policy Report dated June 18, 1996 (on
file), in which the Deputy Chief License Inspector recommended
amendments to the Vehicles for Hire By-law which address concerns about
taxicab driver training, car and driver identification, and dealing with
complaints. These recommendations were developed in consultation with
the taxi and tourism industries; a June 20, 1996, letter from the
TaxiHost Project Working Group (on file), supported the recommendations.
The General Manager of Community Services also recommended approval,
generally as reflected in the recommendations of this report.
The Committee also received a memorandum from the Special Advisory
Committee on Disability Issues dated July 8, 1996 (on file), stating its
concern that any training program for taxicab drivers include
instruction on a wide range of disability issues. Also before the
Committee was a July 11, 1996 memorandum from Councillor Chiavario (on
file), in her capacity as a TaxiHost Committee member, responding to
this concern and endorsing the requirement for TaxiHost training set out
in the Policy Report.
Paul Teichroeb, Deputy Chief License Inspector, reviewed the report
and recommendation, and commenting that the training program for all
drivers covers a broad range of disabilities. Mr. Teichroeb also
responded to queries regarding details such as the location of driver
identification.
Keith Wilkinson, TaxiHost Centre, reviewed the components of the
TaxiHost program and provided statistics on the number of drivers who
have completed the training to date. In response to a query, Mr.
Wilkinson advised the possibility of making the program mandatory on a
regional basis is being explored. It is already mandatory for all
airport cab drivers.
Malcolm Ashford, Pacific Rim Institute of Tourism, supported the
recommendations but expressed concern about the requirement for
mandatory training or equivalent set out in Recommendation A. 2. The
TaxiHost training program has been developed by the industry for the
industry. It was designed around national occupational standards for
taxi drivers across Canada, and also meets standards mandated by the
Ministry of Tourism. The Justice Institute, which delivers the
training, has known credibility in matters of public safety. Therefore,
Mr. Ashford urged the Committee to endorse the TaxiHost program as the
sole training program and the Justice Institute as the sole service
delivery agency, in order to prevent any fly-by-night training program
claiming to be an equivalent.
Staff explained legal issues and administrative difficulties which
could arise if a specific program were named. The Committee was assured
the Director of Permits and Licenses would be cautious about awarding a
license to any other training program.
Clause No. 2 Continued
The Committee was disposed to approve the recommended by-law
amendments. To allay Mr. Ashford's concerns and still leave staff with
the desired flexibility, the Committee decided to amend the Policy
Report but leave the by-law requirement as worded by staff.
The following motions by Councillor Hemer were put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT page 4, paragraph 2, first sentence of the Policy Report
dated June 18, 1996 be amended to read as follows:
With this program in place, it is recommended that
the by-law be amended to require completion of a TaxiHost
Level 1 Program that addresses all major content areas
outlined in the National Standards for Taxicab Drivers
for all existing taxicab drivers, prior to issuance of
the 1997 chauffeur's permit.
B. THAT Vehicles for Hire By-law No. 6066 be amended as outlined
in the Policy Report dated June 18, 1996, as amended in the
foregoing Recommendation A, to require:
1. Mandatory training for all new taxicab drivers.
2. Mandatory training or equivalent for all existing drivers
by January 1, 1997.
3. All taxicabs to have a car identification number on the
exterior and interior.
4. All taxicabs prominently display a driver picture
identification with number at all times.
5. All taxicab and limousine drivers must produce a
municipal permit on demand.
6. Taxicabs and limousines not carry passengers unless the
vehicle has a valid safety inspection sticker.
7. Applicants for a chauffeur's permit to provide a proof of
employment letter from a licensed taxicab company.
C. THAT the Director of Legal Services be instructed to prepare
the necessary by-law amendments.
- CARRIED UNANIMOUSLY
* * * * *
The Committee adjourned at 6:40 p.m.
* * * * *