CITY OF VANCOUVER REGULAR COUNCIL MEETING A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 14, 1995, at 11:20 a.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on City Services and Budgets meeting, to consider the recommendations of the Committee. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Hemer, Ip, Kennedy, Kwan, Price, Puil and Sullivan ABSENT: Councillor Clarke (Leave of Absence) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Tarja Tuominen COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair. - CARRIED UNANIMOUSLY COMMITTEE REPORTS Report of the Standing Committee on City Services and Budgets December 14, 1995 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: Cl. 1: Street Vending Cl. 2: Law Representation at Council Cl. 3: Transfer of Business Improvement Area (BIA) Function Cl. 4: Barriers-to-Bridges Neighbourhood Development Grants Cl. 5: Civic Capital Public Art Project Allocations Street Vending Clause 1 MOVED by Cllr. Kwan, THAT Recommendation D of the Administrative Report be deferred pending a report back on how the Business Improvement Association vending locations will work. - LOST (Councillors Bellamy, Chiavario, Hemer, Ip, Kennedy, Puil, Sullivan and the Mayor opposed) MOVED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clause 1 of this report and quoted below, be approved: A. THAT several evening locations be established that replace existing locations within the limit of 120 total locations set by Council. B. THAT when new vending locations are identified, existing vendors be given the first opportunity to trade locations through a mini-lottery. (Guidelines shown in Appendix I of the Administrative Report dated November 29, 1995.) C. THAT the criteria given in Appendix II of the Administrative Report dated November 29, 1995, for assessing and establishing vending locations, be approved. FURTHER THAT the criteria be in addition to existing criteria. D. THAT up to three locations, in addition to the 100 downtown vending locations, be managed by the Downtown Vancouver Business Improvement Association to sell merchandise or promote Downtown business; and FURTHER THAT the General Manager of Engineering Services be authorized to assign up to six locations, in addition to existing locations, for the use of other BIAs, where appropriate. E. THAT the City Engineer report back on City's ability to confiscate illegal vending goods for up to 30 days, and registration of vendors for taxes. - CARRIED (Councillor Kennedy opposed to A) (Councillors Chiavario, Kennedy and Sullivan opposed to up to 3 locations in Recommendation D) Law Representation at Council Clause 2 MOVED by Cllr. Bellamy, THAT the recommendation of the Committee, as contained in Clause 2 of this report, be approved. - CARRIED (Councillor Kwan opposed) Clauses 3, 4 and 5 MOVED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clauses 3, 4 and 5 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 THE COMMITTEE OF THE WHOLE MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY The Council adjourned at approximately 11:25 a.m. * * * * * --------------------------------------------- REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON CITY SERVICES AND BUDGETS DECEMBER 14, 1995 A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, December 14, 1995, at 9:30 a.m., in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Puil, Chair Mayor Owen Councillor Bellamy Councillor Chiavario Councillor Clarke (Clause 1) Councillor Hemer Councillor Ip Councillor Kennedy Councillor Kwan Councillor Price Councillor Sullivan CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Tarja Tuominen Recorded Vote Unless otherwise indicated, votes of the Committee on all items are unanimous. Adoption of Minutes The Minutes of the Standing Committee on City Services & Budgets meetings of November 9 and 16, were adopted. RECOMMENDATION 1. Street Vending File: 2630 The Committee had before it an Administrative Report dated November 29, 1995 (on file) in which the General Manager of Engineering Services recommended several changes to the Street Vending Program. Mr. Don Brynildsen, Assistant City Engineer, Streets Division, and Mr. Bob Macdonald, Parking Engineer, reviewed the report and responded to questions. Staff Sergeant Doug Mackay-Dunn, District 1, Vancouver Police Department, responded to questions on illegal street vending. The primary responsibility of the area's bike patrols is to deal with street activities, including illegal street vending. The Police Department is waiting for a facility to store confiscated goods. Mr. Macdonald advised the facility will be available in a few months. Mr. Steve Duff, representing Mr. Tubesteak, generally supported the report's recommendations. This has been a good year for street vending; a lot of issues have been sorted out. Controlled evening vending is a better way of dealing with illegal vending. Evening vending should be expanded to areas such as GM Place and BC Place. Vending should also be expanded into parks. Mr. Langley Damonse, President, Vancouver Vendors' Association, generally supported the recommendations. The Association appreciated the input it was allowed into the report. Vendors provide a colourful presence on the street, are unofficial tourist ambassadors, and provide security on the streets. However, Mr. Damonse noted individual vendors are allowed a maximum of three locations and are only allowed to sell handicraft goods; the BIA's should have to follow the same guidelines. Mr. Mike Atkins, noted Recommendation D in the report would allow up to 12 vending locations to BIA's from the 120 total allowable vending locations. Only 2 of the 120 locations are currently not being used. Approval of the recommendation will mean a loss to the vending program. The Downtown Vancouver BIA should only have a maximum of 3 locations, the same as individual vendors. Mr. Charles Gauthier, representing the Downtown Vancouver BIA, advised the Association has been working quite closely with the City and the police on illegal vending. One solution to deal with illegal vending is to seize the goods for 30 days; however, he understands that is not permissable under the Charter. In addition, vendors should be registered to pay the appropriate taxes. Mr. Gauthier supported most of the recommendations in the report. Any vending locations given the Downtown Vancouver BIA should be in addition to the 100 downtown locations. Responding to questions, Mr. Macdonald advised escalating fines are possible for repeat illegal vendors. Ms. Francie Connell, Director of Legal Services, agreed to look at Charter provisions regarding impoundment of goods. Mr. Ken Dobell, City Manager, advised the City would be able to require vendors to be registered for taxes. Regarding escalating fines, the City has the authority to recover costs, but not impose heavy fines. Ms. Leonore Sali, representing the Gastown BIA, suggested the vending program works differently in each community. Owner-operated vendors work better, and work with the community. Regarding evening vendors, food items do not necessarily work, 200 feet from residential does not always work. The Gastown BIA wanted to have purpose to the vending program; the BIA's vending spots have an information split and benefit the area. In addition, the Association is looking at opening up Blood Alley for a limited period during the year for vending. The following motion by Councillor Kwan was put and LOST. THAT Recommendation D of the Administrative Report be deferred pending a report back on how the Business Improvement Association vending locations will work. (Councillors Bellamy, Chiavario, Hemer, Ip, Kennedy, Puil, Sullivan and the Mayor opposed) The following motion by Councillor Chiavario was put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT several evening locations be established that replace existing locations within the limit of 120 total locations set by Council. (Councillor Kennedy opposed) The following motions by Councillor Kennedy were put and CARRIED. The Committee, therefore, RECOMMENDED B. THAT when new vending locations are identified, existing vendors be given the first opportunity to trade locations through a mini-lottery. (Guidelines shown in Appendix I of the Adminis-trative Report dated November 29, 1995.) C. THAT the criteria given in Appendix II of the Administrative Report dated November 29, 1995, for assessing and establishing vending loca-tions, be approved. FURTHER THAT the criteria be in addition to existing criteria. The following motion by Councillor Kwan was put and CARRIED. The Committee, therefore, RECOMMENDED D. THAT up to three locations, in addition to the 100 downtown vending locations, be managed by the Downtown Vancouver Business Improvement Association to sell merchandise or promote Downtown business; and FURTHER THAT the General Manager of Engineering Services be authorized to assign up to six locations, in addition to existing locations, for the use of other BIA's, where appropriate. (Councillors Chiavario, Kennedy and Sullivan opposed to up to 3 locations in Recommendation D) The following motion by Councillor Kennedy was put and CARRIED. The Committee, therefore, RECOMMENDED E. THAT the City Engineer report back on City's ability to confiscate illegal vending goods for up to 30 days, and registration of vendors for taxes. The Committee requested staff to report back on the results of the changes to the Street Vending program. 2. Law Representation at Council File: 1251-2 The Committee had before it an Administrative Report dated November 15, 1995 (on file), in which the City Manager and Director of Legal Services sought endorsation in a change to not require the attendance of legal staff at Council. Mr. Ken Dobell, City Manager, noted a real difficulty in giving legal answers on the spot. Questions often require review of the law and precedents. Ms. Francie Connell, Director of Legal Services, advised legal staff will continue to attend when required. The following motion by Councillor Bellamy was put and CARRIED. The Committee, therefore, RECOMMENDED THAT Council not require the attendance of the Director of Legal Services at Council meetings except for specific agenda items where Legal Services advice may be required. (Councillor Kwan opposed) 3. Transfer of Business Improvement File: 1306-6/1306-9 Area (BIA) Function The Committee had before it an Administrative Report dated November 30, 1995 (on file), in which the General Manager of Corporate Services recommended the relocation of the Business Improvement Area (BIA) function to the Planning Department and to provide operating funding for the City Clerk's Office to establish a hosting function for visiting delegations. Mr. Ken Stoke, General Manager of Corporate Services, responded to questions on where the BIA function will be located in the Planning Department. Ms. Leonore Sali, representing Gastown Business Improve-ment Area, supported the recommendations in the report and thanked staff for addressing initial concerns with placement of the function in the City Clerk's Office. The following motions by Councillor Kennedy were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT in recognition of the current work requirements for the BIA function, the existing 1.0 FTE position be changed to a .75 FTE position, at a cost-savings of $16,600 including fringe benefits. B. THAT Council approve the transfer of the BIA function to the Planning Department, including the .75 FTE position funding of $49,600 and associated operations funding of $9,700. C. THAT the $16,600 savings resulting from Recommendation A, including the hosting budget of $7,400 in the Economic Development Office, be transferred to the City Clerk for purposes of establishing a delegation hosting capability in the Clerk's office. 4. Barriers-to-Bridges Neighbourhood File: 2001-2 Development Grants The Committee had before it a Policy Report dated November 29, 1995 (on file), in which the Acting Director of Social Planning sought approval of a new grants program, the Barriers-to-Bridges Neighbourhood Development Grants, intended to assist in the fight against racism and discrimination. Ms. Wendy Au, Social Planner, was present to answer questions. Ms. Eleanor Atienza, Chair, Special Advisory Committee on Cultural Communities, was present to express support for the establishment of the grants. During discussion, the Committee requested staff to report back at the end of the year with more detailed information on the grants program, and the criteria used to select and evaluate the applications. The Committee also noted the fund-ing is not to be connected to the community services grants. The following motions by Councillor Bellamy were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT Council approve the establishment of the Barriers- to-Bridges Neighbourhood Development Grants program, as described in Appendix A of the Policy Report dated November 29, 1995. B. THAT Council approve, without offset and in advance of the approval of the 1996 Operating Budget, a 1996 budget allocation of $15,000 for the Barrier-to-Bridges Grants Program, subject to the normal budget review process. 5. Civic Capital Public Art File: 4001 Project Allocations The Committee had before it an Administrative Report dated November 27, 1995 (on file), in which the Director of Cultural Affairs, in consultation with the Director of Community Planning and the City Engineer, recommended approval of public art expenditures on nine civic capital public art projects totalling $243,000. Mr. Bryan Newson, Public Art Program Manager, was present to answer questions. The following motions by Councillor Price were put and CARRIED. The Committee, therefore, RECOMMENDED A. THAT Council approve budgets totalling $140,000 for public art projects listed in Table 1 of the Administrative Report dated November 27, 1995, as follows: - $45,000 to Greenways Local Connectors; - $45,000 to the Residential Street Design Program; - $50,000 for Civic Infrastructure Design; with detailed budgets reported back for approval; source of funds to be the Public Art Unallocated Budget. B. THAT Council approve budgets totalling $103,000 from the Public Art Unallocated Account for public art projects listed in Table 2 of the Administrative Report dated November 27, 1995, as follows: - $30,000 to the Greenways Ridgeway Project; - $23,000 to the Public Art Maintenance Reserve; - $12,000 to the Victoria Drive Bridge alcove; - $13,000 to the 901 West Hastings process; source of funds to be the Public Art unallocated Budget. C. THAT Council approve a grant of up to $25,000 to the West End Community Centre Association, for public art on the West End Community Centre. The meeting adjourned at approximately 11:20 a.m. * * * * *