ADMINISTRATIVE REPORT Date: July 7, 1997 CC File No.: 2630 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Extension of Street Activities Enforcement Staff RECOMMENDATION A. THAT the existing (one year temporary) by-law enforcement position created to assist in enforcement of illegal vending, sidewalk cafes and other street based activities be made regular. B. THAT an additional position be created for a 6 month period annually to allow for enforcement coverage 7 days per week during the busy season, to be funded from increased revenues from the street activity programs. C. THAT a computer be purchased for administration of enforcement action and the Produce Display program at a cost of approximately $2,850 with funds to be recovered from the Produce Display and Sidewalk Cafe programs. COUNCIL POLICY The City regulates a number of street activities and takes appropriate enforcement action as required. In 1996, Council approved the establishment of a one year temporary enforcement position to be reviewed in 1997. Current council policy states that there should be no net increases in services or staffing without appropriate offsets. PURPOSE This report reviews the effects of increased enforcement resulting from the creation of the temporary staff position and recommends continuing this position on a regular basis. In addition, it is recommended that a temporary position on a part time basis be established and a computer be purchased to allow for better administration and coverage during the busy periods. BACKGROUND In recent years, social and economic factors have contributed to the increased use of city sidewalks for unauthorized activities such as illegal vending, flea markets, unlicensed produce displays and unauthorized commercial signs. The high level of competition in the retail community results in increased incidents of merchandise and sandwich signs displayed on the sidewalk to increase the exposure and visibility of retail outlets. In addition, anti-smoking by-laws have dramatically increased the instances of restaurants placing extra seats on the sidewalk without first obtaining approval to do so. In response to increasing complaints regarding the above activities, Council approved a one year temporary staff position (in July, 1996) to enforce by-laws regarding the use of city sidewalks and instructed the General Manager of Engineering Services to review and report back in 1997. DISCUSSION Trial Period The trial period to date has proven to be very successful with the following results: Illegal Vending There has been a noticeable decrease in some areas of the Downtown. The Downtown Vancouver Business Improvement Association reports a reduction from a dozen or more illegal vendors on any given day in 1996 to 2 or 3 in 1997 due to improved response time and more consistent enforcement action. Complaints Response time to complaints has improved. Most complaints can now be given same day or next day service. Bute St. Flea Market Although this site continues to require daily attention, the magnitude of the problem has significantly decreased. The illegal street vending at this location has been reduced to approximately 10% of the original situation. During the summer of 1996 there was a core of up to 50 vendors gathering at this location. With constant enforcement this number has been reduced to a core of 8 or 10 with no more than 3 or 4 vendors at any one time. Since September of 1996, staff have made approximately 500 enforcement visits to this site, often 2 or 3 times per day. Any reduction in the level of enforcement would undoubtedly result in a return to the original problem. Newspaper boxes All unlicensed boxes have been removed from Robson Street and most from Granville Mall. Staff are currently working on the remainder of the Downtown. To date, 35 boxes have been removed from downtown streets. Sidewalk Cafes We are seeing an increase in applications to this program due to the enforcement of illegal activity and the Smoke Free Indoor Air By-law. Produce Displays Enforcement of Produce Displays in the Chinatown area has been increased to 4 or 5 visits per week which has been strongly supported by the Chinatown Merchants Association. Merchandise displayed outside of the permitted area is removed and donated to the Food Bank. Sandwich Board Signs Since September of 1996, staff have issued 431 warning notices and confiscated approximately 70 commercial signs plus approximately 400 political signs. Commercial Garbage Containers The 1996 Council report anticipated this position would be of assistance in enforcing the Container program guidelines. This did not happen due to higher priorities in other areas. Staff are currently preparing a report on this program which will be presented later this year. Hours of Work The enforcement position, which has been classified as an Engineering Assistant II, Paygrade 17, works a five day week including weekends and some evenings. These extended hours of work have proven useful in enforcement of issues that often happen or increase outside of office hours. Continuation of Temporary Position The continuation of this staff position is strongly supported by the Downtown Vancouver Business Improvement Association, the Robson Street Business Association, the Chinatown Merchants Association, the Vancouver Food Bank, the Environmental Health Dept. and the Police Dept. Comments received from the public also indicate an improved service level (letters of support are shown in Appendix II). Therefore, it is recommended that this position be made regular. Additional Position Although there has been considerable improvement in our ability to respond to enforcement demands, there are still gaps in the service we are able to provide. With only one staff person it is not possible to provide enforcement seven days a week and there are a number of areas which could be better addressed such as: collection of outstanding fees, removal of unlicensed news boxes and continued enforcement of illegal sidewalk cafes and produce displays. While the street activity demand may not justify additional staff during the winter months, during the tourist season two (2) enforcement staff (the existing person and a six month temporary) could provide general enforcement, respond to complaints and assist the Police with confiscations seven days a week. Therefore, it is recommended that an annual six month position be approved at a cost of approximately $17,800 with funds to be recovered through various street activity permit programs (a summary of revenues is provided in Appendix I). Computer Currently, there is no computer dedicated to the Produce Display program or for maintaining enforcement records, both of which require considerable computer resources. The purchase of one computer to be shared by two staff working different hours would be an efficient use of resources. The approximate cost of $2,850 would be recovered from the Produce Display and Sidewalk Cafe revenues which are shown in Appendix I. Personnel Implications These positions are subject to job evaluation by the Director of Human Resources. This report has been forwarded to CUPE Local 15. Financial Implications Revenues from the Sidewalk Cafe and Produce Display programs are increasing as predicted in the 1996 report. Combined annual program revenues of approximately $323,000 more than offset the combined staff costs for these programs of approximately $162,800 (details shown in Appendix I). The addition of one (1) half time position at a cost of approximately $17,800 per year is expected to generate additional program revenues of $17,700 or more annually while improving public service. * * * * APPENDIX I REVENUES PROGRAM 1995 1996 1997 1997 1998 REVENUE REVENUE BUDGETED PROJECTED PROJECTED AMOUNT AMOUNT AMOUNT WITH WITH CURRENT ADDITIONAL STAFF STAFF Sidewalk $149,800 $178,600 $185,000 $185,000 $200,000 Cafes Produce 30,800 32,600 32,000 32,000 35,000 Displays Street 80,400 84,500 82,000 87,000 88,000 Vending TOTAL $261,000 $295,700 $299,000 $304,000 $323,000 * STAFF COSTS PROGRAM STAFF STATUS SALARY BENEFITS TOTAL $42,039 Sidewalk 1 EAIII $ 7,399 $ 49,400 R 15,175 Cafes ´ EAI 2,671 17,800 E G U Vending 1 EAII L 35,684 6,280 42,000 A Produce ´ EAI R Displays 15,175 2,670 17,800 1 Enforcement I EAII YR. 30,351 5,342 35,700 TEMP. SUB-TOTAL $138,424 $24,362 $162,800 PROPOSED ´ EAII PROPOSED 16,398 1,394 17,800** TOTAL $154,822 $25,756 $180,500 * The increased revenue of $19,000 ($323,000 minus $304,000) will ** cover the increased staff cost of $17,800.