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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT
APRIL 30, 1998
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, April 30, 1998, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.
Ken Dobell, City Manager
Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
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
April 30, 1998
Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:
Cl.1: New Trade and Convention Facilities Development Agreement and
Eastlands ODP Schedule and Resources
C1.2: Warning to Prospective Purchasers - 2291 Grant Street
Lot 14 of 2 of B, Block 139, District Lot 264A, Plans 385 and 1771
Cl.3. Granville Street (Downtown South) Guidelines and Downtown
Official Development Plan Amendments
Cl.4. Panhandling
Clauses 1 - 4
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clauses 1 through 4, inclusive, of this report, be approved.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to Regulate and Control Panhandling
MOVED by Councillor Bellamy,
SECONDED by Councillor Price,
THAT the By-law be introduced and read the first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Councillor Bellamy,
SECONDED by Councillor Price,
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 UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Interior Balconies File: 5001
The Mayor advised that the City's by-laws and guidelines currently exempt balconies from floor space calculation and permit a portion of balcony space to be enclosed. Contrary to Council's intent, many developers are taking advantage of this to construct enclosed "interior balconies" and market them as "dens". Condominium consumers purchase this space in the mistaken belief that it can be altered and used in any way they choose, to their potential loss and disappointment.
The Mayor instructed that staff report back on relevant by-law and guideline amendments to close the loophole regarding balcony enclosures.
2. High-Technology Industry File: 5301
Councillor Clarke requested that staff provide clarification regarding the meaning of high-technology industry uses applicable to the I-2 zone. The Councillor felt that a text amendment clarifying the allowable uses may be required.
The Mayor so directed.
The Council adjourned at 5:00 p.m.
* * * * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
APRIL 30, 1998
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, April 30, 1998, at 2:00 p.m. in the Council Chamber, Third Floor, City Hall.
Mayor Philip Owen
Councillor Don Bellamy
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
ABSENT:
Councillor Nancy A. Chiavario (Leave of Absence)
Councillor Lynne Kennedy (Leave of Absence)
Ken Dobell, City Manager
Nancy Largent
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of April 9, 1998, were adopted.
RECOMMENDATION
1. New Trade and Convention Facilities
Development Agreement and Eastlands ODP:
Schedule and Resources File: 6007
The Committee had before it an Administrative Report dated April 17, 1998 (on file), in which the Director of Central Area Planning, in consultation with the General Manager of Engineering Services and Director of Legal Services, sought Council approval of an accelerated schedule and resources needed to process:
·a Development Agreement (similar to a CD-1 zoning) for new trade and convention facilities on the ‘Portside’ site (lands immediately east and north of Canada Place); and
·an Official Development Plan (ODP) on the adjacent ‘Eastlands’ (lands between Portside site and Portside (CRAB) Park).
Council approval would be subject to the Province confirming that Greystone will be proceeding to Stage Three of the New Trade and Convention Facilities Review Program. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.
Larry Beasley, Director of Central Area Planning, reviewed the history of this major, senior government project. The intent of this report is to gear up the City to deal with the project. Asked whether the Port Corporation will conform to City decisions regarding the development, Mr. Beasley advised that although the Federal Government has senior jurisdiction, it has agreed to abide by City processes.
Rob Jenkins, Senior Planner, described the proposed process in which a dedicated staff team will work on both projects simultaneously. Costs were reviewed, and noted to be consistent with other mega-projects and based on full cost recovery. The process is expected to commence in June, if approved.
David Podmore and Bob McKay, Greystone Properties, confirmed their submission has been selected and Greystone has been instructed to proceed. Final details are being worked out with the Province. The process proposed is cooperative and will afford opportunity for public comment throughout the review. The City's continued assistance willbe required to fast-track the project, and Greystone supports the staff recommendations.
Michael Geller, Michael Geller and Associates, responded to questions concerning the Provincial Government process.
Ken Dobell, City Manager, cautioned that the speed envisioned by the developer may not be achievable. For example, the project will be subject to environmental review which may cause delays.
The following motion by Mayor Owen was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT an accelerated schedule, outlined in Appendix A, as requested by Greystone Properties for processing the necessary development agreement for ‘Portside’ and for processing an Official Development Plan on the adjoining ‘Eastlands’ be endorsed, subject to confirmation from the Province that Greystone will be proceeding to Stage Three .
B.THAT the resources identified in Appendix B to undertake this work be approved at total cost of $901,000.
C.THAT Greystone Properties be required to pay for estimated processing costs, 65% at the time of applications submission (first payment) and 35% within 30 days of Council approval of the development agreement and Official Development Plan (second payment).
D.THAT cost estimates, for work to be completed, be reviewed prior to receiving the second payment and adjusted, as necessary, with Greystone paying all adjusted costs.
E.THAT Greystone Properties be advised that, while the City will endeavour to meet the requested schedule, approval of this report and receipt of processing fees does not oblige the City to comply with the proposed time frame or approve a development agreement or ODP.
F.THAT any costs or losses to the applicant which may result if the development agreement and/or the Official Development Plan are notcompleted or the schedule is not met are to be borne by the applicant and the City will therefore bear no responsibility.
- CARRIED UNANIMOUSLY
2. Warning to Prospective Purchasers
2291 Grant Street - Lot 14 of 2 of B,
Block 139, District Lot 264A, Plans 385 and 1771 File: 2701-1
The Committee had before it an Administrative Report dated April 20, 1998 (on file), in which the City Building Inspector recommended that a 336D Notice be filed against the Certificate of Title of the property at 2991 Grant Street. Work carried out under permit does not comply with the approved plans, there are potentially unsafe conditions, and there has been unauthorized construction. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.
Peter Sweeney, Manager, Building Inspection, was present to answer questions.
The Chair enquired whether any representative of the property owner wished to speak to the Committee, but there was no response.
The following motion by Councillor Bellamy was put and carried. The Committee, therefore,
RECOMMENDED
THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2991 Grant Street in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-laws related to this building.
- CARRIED UNANIMOUSLY
3. Granville Street (Downtown South) Guidelines and
Downtown Official Development Plan Amendments File: 8106
The Committee had before it a Policy Report dated April 14, 1998 (on file), in whichthe Director of Central Area Planning recommended amendments to the Granville Street (Downtown South) Guidelines, and further recommended that proposed amendments to the Downtown Official Development Plan (DODP) be referred to Public Hearing. These amendments are based on "A Design Handbook for Building Frontages on Granville Street", which was prepared for the City by consultants. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.
Michael Naylor, Planner, reviewed the proposed design guidelines, noting they will allow more flexibility for development review and make more innovative designs feasible Artists' renderings were displayed, analysing what is currently there and what might result from the proposed changes, including preservation of heritage and improved liveability for residential development. Mr. Naylor responded to questions regarding street walls, rear yards, and sculptural use of metals.
The Chair cautioned the next speaker to address only the Design Guidelines, since the DODP amendments will be addressed at Public Hearing, if referred.
Sam Campbell, Downtown South Association, put forward concerns raised by the Association in its letter of April 30, 1998 (on file). These included concerns that the map of Downtown South keeps changing, and affects on emergency access and garbage collection related to elimination of the rear yard setback for buildings up to 30 feet.
Mr, Naylor clarified that the map referenced is the same map as that of the existing guidelines, except that it shows the Entertainment District.
The following motion by Councillor Bellamy was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT the revisions to the Granville Street (Downtown South) Guidelines, generally in accordance with Appendix A of the Policy Report dated April 14, 1998, be approved.
B.THAT the Director of Land Use and Development be instructed to make application to amend the Downtown Official Development Plan to provide a revised building envelope for developments on Granville Street in Downtown South, generally in accordance with Appendix B of the Policy Report dated April 14, 1998;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary bylaw;
AND FURTHER THAT the application and draft by-law be referred to Public Hearing.
- CARRIED UNANIMOUSLY 4. Panhandling File: 3504
The Committee had before it an Administrative Report dated April 21, 1998 (on file), in which the City Manager:
·provided an overview of panhandling and its impact on Vancouver’s communities;
·identified current activities being undertaken by City departments and community groups to manage panhandling in Vancouver; and
·recommended remedial measures that can be undertaken by the City to address the panhandling situation, including measures addressing the root causes of panhandling;
·150·submitted for consideration a by-law to regulate and control panhandling.·150
The City Manager recommended:
A)THAT Council continue to work in collaboration with other government agencies, such as Crown Counsel, to address both the behaviour, (specifically aggressive panhandling), as well as the root causes behind the behaviour, such as drug and alcohol addictions and mental illness.
B)THAT Council continue working with the Business Improvement Associations, as well as other interested community members, on initiatives to address panhandling, such as Outreach programs and Public Education Campaigns.
C)THAT Council continue to support the work of the Mayor's Coalition on Crime Prevention and Drug Treatment, encouraging collaborative partnerships to develop and support programming to address panhandling and its root causes.
The City Manager submitted the following for consideration:
D)THAT Council approve a by-law to address the issue of panhandling. (A by-law for this purpose is included in this Council package. City staff will continue to develop this approach and, if appropriate, submit future reports, with amendments, to increase the effectiveness of the by-law.)
Inspector Dave Jones, Vancouver Police, discussed the problem of aggressive or intimidating panhandling. The proposed by-law is not about banning panhandling, but about respecting others rights not to be approached in areas where they may feel threatened, The by-law will not make panhandling illegal; it will simply restrict areas where it may occur. In response to questions, Inspector Jones clarified what activities the Police now take to deal with panhandling.
Ken Dobell, City Manager, referenced the foregoing Recommendations A through C, which suggest actions which can be taken without passing a City By-law.
The Committee then heard from 9 speakers in support and 11 speakers opposed to the by-law submitted for consideration. Most speakers who addressed the City Manager's recommendations A through C expressed support; the few exceptions are noted.
The following speakers opposed the by-law:
Rolf Auer, End Legislated Poverty (brief filed)
John Dixon, BC Civil Liberties Association
Sam Campbell
Barbara Waldern, Main & Hastings Community Development Society
Frank Gilbert, Downtown Eastside Residents Association
Darrell Burnham, Coast Foundation
Ga-Ching Kong, Urban Youth Alliance (brochure filed)
Tom Laviolette, Carnegie Community Association
Jamie Lee Hamilton, CIVIC
Ian McRae, Downtown Eastside Residents Association
Jennifer Moreau
Following are some of the points made by the foregoing:
·the by-law penalizes the poor for their poverty, which is caused by provincial government legislation on social benefits and the current high unemployment rate;
·the cost of housing in Vancouver is so high that persons on social assistance must often use part of their support allowance to pay for a place to sleep, forcing them to beg for money for food;
·there is a waiting period for newcomers to BC to qualify for social assistance, and youth under 18 do not qualify, leaving them no recourse but to panhandle;
·Council should urge the Province to raise income assistance rates to cover daily living costs and to extend benefits to all in need;
·the proposed by-law would not withstand judicial review since municipalities do not have the power to make criminal law, and is also contrary to the Charter of Rights provisions concerning freedom of expression;
·a municipal by-law is not needed, since the Criminal Code already gives the Police power to deal with assault, harassment and intimidation;
·the proposed by-law will lead to increased police brutality;
·the activity itself is not illegal, but Council is trying to say it cannot be done in certain areas, an illegitimate regulation of street activities;
·rather than pass by-laws to further beat down the poor, the root causes of panhandling should be addressed; for example, there are not nearly enough treatment or detox facilities to help people get their lives back together, and there is not enough decent housing for the poor;
·society must be able to tolerate diversity in its streets, even if the sight of poverty in their midst makes many people uncomfortable;
·most panhandlers are meek and polite, since this demeanour increases their chances of success;
·the City and BIAs should work with the panhandlers; many are incredible entrepreneurs, and could successfully sell things on the street with encouragement;
·mental illness is not a root cause of panhandling; poverty is the root cause of panhandling done by the mentally ill;
·there is already a public misconception that the mentally ill are dangerous, and this by-law will only lead to increased discrimination;
·the by-law purports to target aggressive panhandlers, but its use will be expanded to keep it effective since most panhandlers will go where they are not prohibited;
·Council was urged to think about what it must be like to be forced to beg on the streets because of hunger;
·most panhandlers are not active injectable drug users; the latter must resort to active crime to support their habits.
The United Youth Movement filed a brief opposing the by-law, but did not speak.
The following speakers supported the by-law:
George Cadman, Downtown Vancouver Business Improvement
Association (brief filed)
Douglas Whorral, Gastown Homeowners Association
Michael Kaile, Tourism Vancouver
Sarah Kirby, Robson Street Business Association
Paul Lebranche, Building Owners and Managers Association
Charles Lee, Chinatown Merchants Association
Leanore Sali, Gastown Business Improvement Society
Danette Kynoch, Robson Street Business Association
Max Stewart
Following are some of the points made by the foregoing:
·there is too much aggressive and persistent panhandling in the streets, sidewalks are blocked, and many panhandlers use intimidating tactics such as waiting at A.T.M. machines, following people, pounding on car windows or gathering in groups;
·the numbers of persistent and aggressive panhandlers are increasing;
·similar by-laws have proven to have beneficial effects in New Westminster and Winnipeg;
·the proposed by-law is regulatory rather than prohibitive, and will be one useful factor in addressing the problem in combination with other initiatives such as the outreach programs undertaken by several BIAs;
·tourism industry workers and tourists have identified panhandling as a real impediment to tourism, and businesses also find it an impediment;
·the by-law would raise the comfort level of residents and visitors alike;
·quality of life and public safety are real issues;
·it was acknowledged there is a need for support services, and many business associations are working to help people off the street into detox or other support services, but it is still unacceptable to frighten and intimidate people;
·there has been huge public response to a petition campaign (see following paragraph);
·the proposed by-law will provide panhandlers with guidelines on how to ply their trade acceptably;
·many aggressive panhandlers are on drugs, and substance abusers are generally not employable;
·by all means, address the root causes of the problem, but in the meantime, pass the by-law to enable Police to better deal with the problem;
·Vancouver must retain its reputation as a safe, clean and enjoyable city;
·panhandling is not necessary since it is possible to live adequately on social assistance, and many agencies in Vancouver provide free food and shelter inemergencies.
Council also received a faxed petition supporting the by-law from the Coalition for Safer Neighbourhoods, with approximately 1,800 signatures. (This count was not audited for duplicate signatures or pages which may have been faxed more than once.)
Following are some of the comments expressed by Committee members on making their decision:
·everyone on Council is fully aware of the causes, but there have been numerous complaints about panhandling, and Council cannot ignore a growing concern,
·the by-law does not prohibit panhandling, but attempts to control the use of public space, and it will be carefully monitored and fine-tuned if necessary;
·the City is not attempting to legislate in the area of criminal law, but to regulate an activity taking place on city streets in the same way it regulates other activities such as buying and selling on city streets;
·the by-law is not against the poor and unfortunate, and will be exercised with discretion and compassion;
·intimidation cannot be tolerated, and such a by-law is long overdue;
·it was agreed that many panhandlers undertake the activity because they are in need, and also that mental illness ought not to be stigmatized as a cause of panhandling, and Recommendation A was modified accordingly.
The following motion by Councillor Bellamy was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT Council continue to work in collaboration with other government agencies, such as Crown Counsel, to address both the behaviour (specifically aggressive panhandling), as well as the root causes behind the behaviour, such as the need for food, shelter, and other basic personal needs, as well as the problems of drug and alcohol addictions.
B.THAT Council continue working with the Business Improvement Associations, as well as other interested community members, on initiatives to address panhandling, such as Outreach programs andPublic Education Campaigns.
C.THAT Council continue to support the work of the Mayor's Coalition on Crime Prevention and Drug Treatment, encouraging collaborative partnerships to develop and support programming to address panhandling and its root causes.
D.THAT Council approve a by-law to address the issue of panhandling.
- CARRIED UNANIMOUSLY
(Councillor Sullivan not present for the vote)
The by-law referenced in "D" was adopted at the Council meeting immediately following this meeting.
The meeting adjourned at 4:55 p.m.
* * * * *
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