CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

NOVEMBER 19, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, November 19, 1998, at 5:30 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:	Deputy Mayor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Lynne Kennedy (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, Deputy City Manager
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Puil,

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Bellamy in the chair.

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee
on Planning and Environment
November 19, 1998

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl.1: Relocation of Casino Class 1 - 26 S.W. Marine Drive

Grand Casino Equipment and Management Limited

Cl.2: Relocation of Casino Class 1 - 800 Terminal Avenue

and Policy for Other Gaming Applications

Cl. 3: Award of Contract No. 9813 - Supply and

Installation of Distribution Watermain

Relocation of Casino Class 1 - 26 S.W. Marine Drive
Grand Casino Equipment and Management Limited
Clause 1

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clause 1 of this report, be approved.

- CARRIED

(Councillor Sullivan opposed)

Relocation of Casino Class 1 - 800 Terminal Avenue
and Policy for Other Gaming Applications
Clause 2

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.

- CARRIED

(Councillors Bellamy and Puil opposed to Recommendation C;
Councillors Chiavario, Daniel Lee and Sullivan opposed to Recommendation D)

COMMITTEE REPORTS (CONT'D)

Award of Contract No. 9813 - Supply and
Installation of Distribution Watermain
Clause 3

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clause 3 of this report, be approved.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Puil,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

The Council adjourned at 5:32 p.m.

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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

NOVEMBER 19, 1998

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, November 19, 1998, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor Jennifer Clarke, Chair Councillor Don Bellamy Councillor Nancy A. Chiavario (Clauses 1 and 2) Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Lynne Kennedy (Leave of Absence)
CITY MANAGER'S OFFICE:	Judy Rogers, Deputy City Manager
CLERK TO THE COMMITTEE:	Nancy Largent

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of September 17, October 1 and October 8, 1998, were adopted.

VARY ORDER OF AGENDA

The Committee agreed to vary the order of agenda to deal with item 1 first. However, for ease of reference, the meeting has been minuted to correspond with the agenda.

RECOMMENDATION

1. Relocation of Casino Class 1 - 26 S.W. Marine Drive

Grand Casino Equipment & Management Limited File: 2601

The Committee had before it an Administrative Report dated October 29, 1998 (on file), in which the Chief License Inspector, in consultation with Community Planning and the Director of Community Services - Social Planning, recommended that Council approve a request by Grand Casino Equipment & Management Ltd. to relocate its existing Casino-Class 1 from 725 S.E. Marine Drive to 26 S.E. Marine Drive, subject to an agreement to permanently close the existing operation. The General Manager of Community Services recommended approval.

Paul Teichroeb, Chief License Inspector, reviewed the application, noting that Council policy permits a maximum of five Class 1 Casinos in the City. Parking and security arrangements at the existing location are inadequate, and disruptive to the adjacent residential area. Although there is also residential use across Marine Drive from the proposed location, parking and security are expected to be much improved. Also, the casino will be moved from the front to the back of the building after two years, a further improvement. Mr. Teichroeb explained that this approval would constitute pre-site clearance only. The applicant must also obtain B.C. Gaming Commission approval, and must apply for a Development Permit and follow the normal procedures pertaining to such an application.

Responding to questions, Mario Lee, Social Planner, indicated that Council policy permits a maximum of 30 tables in a gaming establishment. Gaming table parameters are set, including the number of persons who may play at a table at one time. Since both casinos (see also Clause 2 of this report) are at or near the maximum number of tables, there will be no precedent set with respect to expansion of gaming, although the buildings are larger.

Leonard Libin, owner, and Gordon Walker reviewed the Grand Casino application. Parking and security have been the primary concerns at the existing location, and will be much improved at the proposed location, including a substantial increase in on-site parking. In addition, there will be less residential in close proximity to the proposed site, and there will be less impacts. Noise mitigation, landscaping and traffic routes were reviewed. There will be an expansion of the gaming area, but the casino is already at its 30-table maximum. Additional space will be used for much-needed office and employee amenity space. The proposed location also offers an opportunity to considerably improve the air distribution system, a health issue currently under investigation by the WCB. It has been difficult to find an alternate site, and 26 S.W. Marine Drive has already been purchased by Mr. Libin, noting that it is located in an area which Council has already approved for casino use.

Clause No. 1 Continued

The following speakers opposed the application:

Christina Sahota
Louise Seto

Paul Herman

Craig Bryant
Isabel Minty, Citizens Against Gambling Expansion
Len Lowe

Connie Fogal, Citizens Against Gambling Expansion

Don Larson

Narinder Sahota

Following are some of the points raised in opposition:

· a casino should be located on industrial lands, not close to a residential area;
· there will be an increase in crime and vandalism in the area, which has a considerable elderly population;
· property values will go down, and property taxes will go up to pay for more police;
· there are five schools in the neighbourhood, and students will be tempted to attend and may develop the gambling habit;
· traffic on neighbourhood streets will increase;
· the casino will be noisy, especially when it closes at 3:00 a.m.;
· the public process for this relocation was inadequate; insufficient notice was given for a decision with such damaging potential impact on the neighbourhood and many residents are unaware of this meeting;
· the notice of this meeting was delivered by flyer, and many people have instructed the post office not to deliver flyers;
· the Provincial Government is relying too heavily on gaming revenues and wants to encourage destination casinos;
· there may be changes in gaming legislation which would permit more tables or forms of electronic gambling, and the existing building is very large and could accommodate a much bigger casino; and
· Council should live up to its promise to oppose any expansion of gambling.

Clause No. 1 Continued

. Karen Atchison, Grand Casino employee, indicated there could have been a large number of employees and customers present to speak in support of the application. However, the delegation had been confined to herself as the single representative at Mr. Libin's request. The relocation is important to casino employees, who are concerned about air quality and parking. Also, speaking as a former neighbour of the existing casino, who lived in the vicinity when it moved in, Ms. Atchison felt there had been no increase in associated crime., and that the proposed location would not be disruptive to the neighbourhood.

Mr. Libin responded to the points raised in opposition to the application, and answered questions from Committee members. Asked whether he would enter into an agreement with the Committee not to expand his gaming facilities or utilize electronic gaming machines, should Provincial legislation be passed to this end, Mr. Libin replied in the negative.

Ted Droettboom, General Manager of Community Services, confirmed that while Council may request such an agreement, it has no authority to enforce it unilaterally.

One member favoured approval of the relocation because the casino has engendered numerous complaints at its existing location, and staff believe problems will be reduced at the proposed location. However, the majority did not favour the relocation. There was concern that the Province is contemplating enacting new gaming legislation, which may legalize larger gaming establishments or electronic gambling. The proposed location could accommodate a large casino. There was also concern about the stability of the residential neighbourhood in proximity to the proposed location.

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council refuse the request by Grand Casino Equipment & Management Ltd. to relocate their Casino-Class 1 to the rear portion of 26 S.W. Marine Drive.

- CARRIED

(Councillor Sullivan opposed)

2. Relocation of Casino Class 1 - 800 Terminal Avenue

and Policy for Other Gaming Applications File: 2601

The Committee had before it an Administrative Report dated November 3, 1998 (on file), in which the Chief License Inspector, in consultation with Community Planning and the Director of Community Services - Social Planning, recommended that Council approve a request by Royal Diamond Leisure Group Inc. to relocate its existing Casino- Class 1 from B-106, 750 Pacific Boulevard (Plaza of Nations) to 800 Terminal Avenue, subject to an agreement to permanently close the existing operation. The Chief License Inspector also recommended approval of a process for dealing with all gaming facilities applications. The General Manager of Community Services recommended approval, as reflected in Recommendations A, B and D of this report.

Paul Teichroeb, Chief License Inspector, reviewed the application and staff rationale for recommending approval of the relocation. The proposed site meets the Casino-Class 1 guidelines in a mixed-use building with sufficient parking, in an area zoned for casino use. There is no nearby residential, whereas the area around the existing location is becoming more residential. The applicant is also seeking approval for a bingo hall in the same location, the first request to combine a bingo hall and a casino in Vancouver. There is currently no process in place to deal with a bingo hall application, and staff recommend that the process for Casino-Class 1 be followed for all gaming establishments. Mr. Teichroeb also pointed out that in some areas, halls are an outright use. Since there is currently no definition of a bingo hall specifically, any hall could be a bingo hall. Staff recommend that the zoning be reviewed to make bingo halls subject to conditional approval in all zones.

Queried regarding the likelihood of residential in the area proposed for the relocation, Ted Droettboom, General Manager of Community Services, advised that Council's policy does not contemplate residential use in the False Creek Flats.

Responding to questions, Mario Lee, Social Planner, indicated that there are currently three permanent bingo operations in the City, one of which is electronic. All are run by charitable associations. The size of bingo halls is currently assessed by number of seats, to a maximum of 700 seats.

Clause No. 2 Continued

Gary Jackson, Royal Diamond Casino, Inc., reviewed his application. The current lease expires in March of 1999, and the surrounding area is becoming more and more residential. In addition, the permit at the plaza is temporary, and there has been no assurance of adequate parking in the new development there. The casino relocation does not hinge on approval of a bingo hall. Mr. Jackson did not object to the proposal for bingo review guidelines, but requested that these also be applied to social clubs, many of which permit illegal gambling on the premises. Asked whether he would commit to remain at 16,000 square feet for the proposed casino regardless of any new Provincial legislation, Mr. Jackson replied in the negative.

Mr. Teichroeb responded to questions regarding social clubs and enforcement against illegal gaming.

Wendy Thompson, Planet Bingo, expressed concern regarding relocations which may possibly include expansion to slot machines, and loss of financial viability for bingos. Bingo halls are the only charitable gaming in the province. If casinos are allowed to run bingo halls, will bingo halls be allowed to run casinos? Ms. Thompson supported the establishment of clear criteria by the City, and requested that these be designed to deal equitably with all charities. Casinos should not be allowed to locate so close they will put the charitable bingo halls out of business.

Frank Green, Vancouver East Community Charitable Association, advised that his association holds the license for Jackpot Bingo, made up of 23 charities from the east side of Vancouver. While acknowledging that gambling addiction is an issue, Mr. Green indicated many charities depend on bingo for revenues. Jackpot Bingo wishes to relocate to 800 Terminal Avenue, because it is difficult to convince patrons that its present location is safe. The new facility would also make possible a larger scale operation and possible conversion to electronic bingo. The only negative about the new location is lack of bus service along Terminal, since many current patrons use transit. Asked about the client base, Mr. Green indicated that most patrons are between ages 30 to 80, and tend to be low-income.

Connie Fogal and Isabel Minty, Citizens Against Gambling Expansion, supported staff recommendations regarding a process to be followed by all gaming establishment (Recommendations A and B). They did not support placing bingo halls in casinos, lest charities which benefit from bingo lose their revenues. However, there is no good form of gambling, and the poor are most vulnerable to bingo.

Clause No. 2 Continued

Daisen Gee-Wing, Plaza of Nations, indicated the plaza site is currently being rezoned with casino as one of the permitted uses. If the Royal Diamond relocates, would they be able to put in another casino?

Ted Droettboom, General Manager of Community Services, noted that it is Council policy to have no more than five casinos in the city. One of these could apply to relocate to the Plaza of Nations.

Mr. Gee-Wing indicated that the Plaza of Nations would be willing to provide space for a casino in the new development.

The Committee again expressed concern about the possibility of new Provincial gaming legislation which would permit larger casinos or electronic gambling. In that event, the majority considered that the proposed location would be better than the Plaza of Nations site, because there is no nearby residential area.

The following motion by Councillor Chiavario was put and lost:

THAT Council refuse the request by Royal Diamond Leisure Group Inc. to relocate its Casino-Class 1 to 800 Terminal Avenue

- LOST

(Councillors Bellamy, Clarke, Herbert, Don Lee, Price and Puil opposed)

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council amend the pre-site Casino-Class 1 policy to include Bingo Halls and any other gaming facilities in this process.

B. THAT Council instruct the Director of Community Planning to report back on options for making Bingo Halls subject to a conditional approval process in all zones.

- CARRIED UNANIMOUSLY

Clause No. 2 Continued

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

C. THAT staff report back early in the New Year on issues relating to the location of gambling establishments, including the issues of not allowing two types of gambling on one site and establishing appropriate distances between gambling establishments.

- CARRIED

(Councillors Bellamy and Puil opposed)

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

D. THAT Council endorse the request by Royal Diamond Leisure Group Inc. to relocate their Casino-Class 1 to 800 Terminal Avenue, subject to the following condition:

i) a legal agreement to ensure the permanent closure of the casinos previously approved as an interim use at B-106, 750 Pacific Boulevard and Building A, 770 Pacific Boulevard.

- CARRIED

(Councillors Chiavario, Daniel Lee and Sullivan opposed.

Clause No. 2 Continued

The following motion by Councillor Clarke was put and carried. The Committee, therefore,

RECOMMENDED

E. THAT the Mayor write to the Minister of Employment & Investment and the British Columbia Gaming Commission, conveying Council's view that in any legislation which the Province may be contemplating on gambling, a formula to allocate revenue to charities should be enshrined in the legislation, as well as providing for a fair and open process for allocating revenues to charities.

- CARRIED UNANIMOUSLY

3. Award of Contract No. 9813 - Supply and

Installation of Distribution Watermain File: 1805

The Committee had before it an Administrative Report dated October 20, 1998 (on file), in which the General Manager of Engineering Services recommended that Contract No. 9813 for supply and installation of distribution watermain be awarded to the low bidder meeting contract requirements, Pedre Contractors Ltd. This report was withdrawn from the Council agenda of November 3, 1998 because of a delegation request from CUPE Local 1004.

Ken Davidson, CUPE Local 1004, felt that substantial amounts of work are being contracted out in this manner which could be performed by City work crews. If an additional work crew were established, such work could be done in house, for good value.

Sheri Plewes, Assistant City Engineer - Water, Sewers & Yards, explained that the City uses contracting out to maintain a stable work force while providing for peak needs. There is not sufficient work to keep a fourth crew employed year round. Contracting out also provides an opportunity for bench marking.

Clause No. 3 Continued

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Contract No. 9813 for the supply and installation of distribution watermain, be awarded based on best value to the City to Pedre Contractors Ltd., for a total tender price of $1,325,835.00 (GST included); with the source of funds to be account code 17/36/1067/999.

B. THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to enter into a construction services contract with Pedre Contractors Ltd., for Contract No. 9813, for the supply and installation of distribution watermain.

C. THAT the bid bonds of the unsuccessful tenderers be returned upon execution of the construction services contract.

- CARRIED UNANIMOUSLY

The meeting adjourned at 5:30 p.m.

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(c) 1998 City of Vancouver