POLICY REPORT Development and Building Date: July 30, 1996 Dept. File No. MvH TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: Report Back on the Scientific Telephone Survey Concerning the Proposed Option 3 Amendments to the Private Property Tree By-law RECOMMENDATIONS A. THAT the results of the telephone survey be received for information; B. THAT the recommendations in the two Policy Reports dated June 13, 1996 be approved; and C. THAT the interim Tree By-law No. 7594, enacted on July 11, be repealed at the time of enactment of the recommended amendments to the Private Property Tree By-law No. 7347. As an alternative to B, the following is presented for Council s CONSIDERATION; D. THAT the recommendations in the two Policy Reports dated June 13, 1996 be approved with inclusion of a clause (e) under the proposed new section PERMITS , whereby any property owner may remove one tree during a twelve month period, with a permit, subject to the requirement for a replacement tree. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A, B and C. However, noting that there is a small, but vocal, minority which opposes the by-law as proposed, and noting that many people may wish to replace trees for reasons not accommodated in the proposed by-law, he submits D for CONSIDERATION, in lieu of B. COUNCIL POLICY There is no relevant Council policy regarding evaluation of the results from a scientific survey soliciting public response to a policy matter before Council. PURPOSE This report responds to a request from Council on July 11, 1996 to undertake a scientific telephone survey of Vancouver residents to determine the level of support or opposition for amendments to the Private Property Tree By-law, presented as Option 3 in the Policy Report dated June 13, 1996. BACKGROUND On July 11, 1996, Council discussed two reports concerning options to an expanded Private Property Tree By-law, and the accompanying recommended Option 3 amendments to the By-law. Council recommended that a city-wide scientific survey be undertaken by a professional, independent polling company to determine the support for Option 3, and that the results be reported back to Council on or before August 1, 1996. At the time, Council also requested that the Director of Legal Services bring forward the necessary by-law amendments on or before August 1, 1996. DISCUSSION Survey Results The professional polling firm of McIntyre and Mustel Research Associates Ltd. was contracted by the City to undertake the telephone survey requested by Council. The scientific survey included telephone interviews with 1,085 Vancouver residents over 18 years of age. Over 200 interviews were conducted in each of five sectors of the city -- northeast, northwest, southeast, southwest and downtown. The detailed results of the questionnaire are attached as Appendix A and can be summarized as follows: 1. Overall, there is widespread majority support for the proposed Option 3 amendments to the Private Property Tree By-law. A total of 73% of the respondents supported the amendments without changes. Support varied from a low of 68% in the Northeast sector to a high of 82% in the Downtown sector. 2. There was widespread but lower support for the alternatives that would provide some exemption from the proposed regulations. Providing flexibility to remove one tree per year received 58% overall support; allowing the removal of one tree every two years received 52% overall support. 3. Finally, even less support was given to the alternative of increasing the diameter of trees to 12" from the currently stated 8" diameter, as a minimum size for retention. The support for this alternative declined to 29% overall. The results from the telephone survey clearly point to the strong overall public support for the proposed by-law amendments. All alternatives to the original proposal received lesser support. It is somewhat surprising to see that the alternatives that would provide more flexibility to the property owner, such as the ability to remove one tree a year, received less support than the proposed amendments. On the other hand, this alternative would create an opportunity for property owners to still remove significant trees that do not need to be removed and are highly valued by the community and significantly contribute to neighbourhood character. Even within the proposed by-law amendments, there still is the opportunity to seek relief in special situations through the Board of Variance. Staffing Implications With or without the alternatives, there will be demands on staff to either manage an application/permit process to remove one tree a year or support the Board of Variance in processing appeals seeking relief from the by-law regulations. To date, there have been no appeals heard by the Board of Variance dealing with tree issues. This is expected to change with the recommended amendments to the by-law and this load will directly impact staffing and the Board. Whether with more onerous regulations and consequent appeals, or less restrictive regulations and more on-going application/ administrative requirements for annual tree removal, the staffing requirements are expected to be roughly the same. As stated in the two policy reports of June 13, 1996 it is very hard to estimate the exact staffing requirements, but the proposed increase in staffing levels indicated in these reports are estimated to be adequate to deal with at least the immediate demands. Any changes in staffing demands will have to be reported back, based on experience rather than projections. CONCLUSION Approval of the earlier recommendations of the Policy Reports of June 13, 1996 is supported by the results of the telephone survey. Consideration could be given to a by-law exemption allowing one tree removal per year, with permit, subject to the requirement for a replacement tree. This showed less support than for the proposed amendments, but would provide some flexibility to property owners with access or maintenance problems on their property. However, there is a distinct drawback with this or a similar exemption in that it allows no protection for significant trees and, on properties with only one or two significant trees, the accumulated effect could be similar to our existing situation. Consequently, staff recommend approval of the proposed amendments to the Private Property Tree By-law presented as Option 3 in the June 13, 1996 Policy Report, if it is Council s intent to introduce additional regulations to address the tree removal continuing under the by-law. Regardless of Council s decision, the interim Tree By-law, No. 7594 should be repealed with the enactment of the recommended amendments to the by-law.