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. * * * * *