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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
CITY SERVICES AND BUDGETS
MARCH 26, 1998 A Regular Meeting of the Council of the City of Vancouver was held on Thursday, March 26, 1998, at 11:15 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.
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 Standing Committee on City Services and Budgets
March 26, 1998
Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:
Cl.1: Proposed Busking Program
Cl.2: Tourism Vancouver - 1988 Business Plan and Budget
Proposed Busking Program
(Clause 1)
MOVED by Cllr. Puil,
THAT the recommendation of the Committee, as contained in Clause 1 of this report, be approved.
- CARRIED
(Councillor Chiavario opposed to A, B, C, D, H, and I)
(Councillor Herbert opposed to A, B, and D)
(Councillor Daniel Lee opposed to C)
(Councillor Price opposed to D)
Tourism Vancouver - 1998 Business Plan and Budget
(Clause 2)
MOVED by Cllr. Puil,
THAT the recommendation of the Committee, as contained in Clause 2 of this report, be approved.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Puil,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY ADOPT REPORT OF 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 BY-LAWS
1.A By-law to authorize the diversion of funds
to implement demonstration street car line
interurban car operation in False Creek South
MOVED by Cllr. Puil,
SECONDED by Cllr. Price,
THAT the by-law be introduced and read a 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 Cllr. Puil,
SECONDED by Cllr. 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. Needle Exchange Program File: 4113
Councillor Price referred to the discussion at Council’s meeting on March 24, 1998 related to the Needle Exchange Program, which arose during consideration of the 1998 Community Services Grant Allocations (A13).
Information relayed to him from the Britannia Community Safety Office suggests the request to the Minister of Health seeking an independent audit should be amended to request the Auditor General to conduct a performance audit of the Program.
MOVED by Cllr Price,
SECONDED by Cllr. Puil,
THAT the Auditor General be requested to conduct a performance audit of the needle exchange system.
- CARRIED UNANIMOUSLY
The Council adjourned at 11:30 a.m.
* * * * * REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON CITY SERVICES AND BUDGETS
MARCH 26, 1998
A Regular Meeting of the Standing Committee of Council on City Services and Budgets was held on Thursday, March 26, 1998 at 9:30 a.m., in Committee Room No. 1 , Third Floor, City Hall.
Councillor George Puil, Chair
Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam SullivanTarja Tuominen
ADOPTION OF MINUTES
The Minutes of the Standing Committee on City Services and Budgets meeting of March 5, 1998, were adopted.
VARY ORDER OF AGENDA
The Committee noted the number of speakers for Agenda Item 1 (Proposed Busking Program) and agreed to consider Agenda Item 2 (Tourism Vancouver - 1998 Business Plan and Budget) first. The items are minuted in numerical order for ease of reference.
RECOMMENDATION
1. Proposed Busking Program File: 2631
At its meeting on March 5, 1998, the Committee had before it a Policy Report, dated February 6, 1998 (on file) in which the General Manager of Engineering Services recommended the establishment of a permit system for busking to better regulate the activities of buskers and reduce conflict between the buskers and the business or residential community in which they perform. At its meeting, the Committee heard from 8 of 19 registered speakers and referred the remainder of the speakers to a future meeting.
Accordingly, before the Committee was the Policy Report dated February 6, 1998. Also before the Committee was a memorandum from General Manager of Engineering Services (on file) submitting additional recommendations and revised guidelines for busking. The memorandum was in response to comments and concerns raised at the March 5 meeting.
The Chair then called for the remainder of the speakers and the following appeared as delegations to oppose or comment on the proposed regulations:
·Barbara Walden, Main & Hastings Community Development Society (brief filed)
·Stephen Gunn
·Donovan Atreides
·Sharee Atreides
·Jeff Krahn
·Tom Syllaba
The speakers’ points are summarized as follows:
·laws are already in existence to deal with excessive noise or obstruction; why are buskers being singled out; who will benefit by more regulation;
·youth will be affected by the proposed policy; buskers have not created major problems and have only one source of income;
· the proposed free zones are in partial or future residential areas; buskers will irritate residents;
·buskers should be able to pay more to purchase a permanent spot or dual spots;
·a limit of 60 minutes in one spot is too short; need 3 hours in one spot into order to make enough money; need time to pack and set up;
cont'd
Clause No. 1 (Cont'd)
·concern with the prohibition of the use of sharp or dangerous objects such as juggling knives, flaming objects;
·the difference between busker and street entertainer needs to be differentiated;
·noise by-laws exist to deal with problems but are not being enforced; buskers on Commercial Drive regulate themselves.
Bob Ross, Streets Administration Engineer, advised the regulation of sharp or dangerous objects refers to streets and sidewalks only, not larger spaces. The proposed regulations will apply throughout the City, to ensure equity.
During discussion, it was suggested a number of outstanding issues still needed to be dealt with and the matter should be deferred until staff prepare a report back to address these concerns.
The following motion by Councillor Chiavario was put and lost.
THAT the proposed busking program be deferred pending a report back on the issues raised.
- LOST
(Councillors Bellamy, Clarke, Kennedy, Daniel Lee, Don Lee, Price,
Puil, Sullivan and the Mayor opposed)
The following motion by Councillor Kennedy was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT busking be prohibited on city street allowance except under permit issued by the General Manager of Engineering Services or in established "Free Busking" areas.
cont'd
Clause No. 1 (Cont'd)
B.THAT "Free Busking" areas be established; and the General Manager of Engineering Services be authorized to review and adjust these locations when appropriate.
- CARRIED
(Councillors Chiavario and Herbert opposed)
The following motion by Councillor Daniel Lee was put and lost.
THAT permits be issued by Engineering Services at a cost of $50.00 per year.
- LOST
(Councillors Bellamy, Clarke, Herbert, Kennedy, Don Lee, Price,
Puil and the Mayor opposed)
The following motion by Councillor Kennedy was put.
THAT permits be issued by Engineering Services subject to the guidelines and conditions shown in the revised Appendix II, dated March 16, 1998, at a cost of $100.00 per year or $25.00 per three month term, plus GST.
(amended)
The following amendment by Councillor Price was put and carried.
THAT the permit fee be $75.00 per year or $25.00 per four month term
- CARRIED.
(Councillor Daniel Lee opposed)
cont'd
Clause No. 1 (Cont'd)
The amendment having carried, the motion, as amended, was put and the Committee, therefore,
RECOMMENDED
C.THAT permits be issued by Engineering Services subject to the guidelines and conditions shown in the revised Appendix II, dated March 16, 1998, at a cost of $75.00 per year or $25.00 per four month term, plus GST.
- CARRIED
(Councillors Chiavario and Daniel Lee opposed)
The following motion by Councillor Kennedy was put.
THAT the Director of Legal Services make the appropriate by-law amendments to reflect the above and request an amendment to the Vancouver Charter to allow for confiscation of instruments, props or other busking paraphernalia, when dealing with an aggressive and non-compliant person who will not respond to a request to move, shut down or otherwise desist from behaviour in contravention of the by-law.
- amended
The following amendment by Councillor Price was put and lost.
THAT the Director of Legal Services make the appropriate by-law amendments to reflect the above.
(Councillors Bellamy, Clarke, Kennedy, Don Lee, Puil, Sullivan
and the Mayor opposed)
cont'd
Clause No. 1 (Cont'd)
The amendment having lost, the motion was put and the Committee, therefore,
RECOMMENDED
D.THAT the Director of Legal Services make the appropriate by-law amendments to reflect the above and request an amendment to the Vancouver Charter to allow for confiscation of instruments, props or other busking paraphernalia, when dealing with an aggressive and non-compliant person who will not respond to a request to move, shut down or otherwise desist from behaviour in contravention of the by-law.
- CARRIED
(Councillors Chiavario, Herbert and Price opposed)
The following motion by Councillor Kennedy was put and carried. The Committee, therefore,
RECOMMENDED
E.THAT the program be reviewed during the year; the review to include discussion with the buskers and the staff committee.
FURTHER THAT staff report back after one year, or earlier if required, providing an analysis of the program and any recommended changes.
F.THAT buskers be permitted to sell recordings of their original work without a street vending permit. The sale of any other items would not be permitted.
G.THAT Guideline #2 which prohibits amplification be amended to permit amplification under the following conditions:
(1) No external power source may be used;
cont'd
Clause No. 1 (Cont'd)
(2)Buskers who wish to use a battery powered amplifier must attend an information session where conditions and concerns will be outlined and sign an agreement to comply with noise and time limit guidelines.
Staff will monitor problems and complaints during the first season and report back if prohibition appears necessary.
H.THAT Guideline #3 limiting performance times to 60 minutes be extended to include the evening hours.
- CARRIED
(Councillor Chiavario opposed to H)
The following motion by Councillor Kennedy was put and amended.
THAT the BIAs who wish to participate be permitted to manage up to three busking permits within the boundaries of their area and subject to the Busking Guidelines (similar to the program currently run by the Gastown Business Improvement Society). These permits could be redistributed by the BIA through recruitment, auditions or hiring on either a full-time or rotating basis.
- amended
The following amendment by Councillor Chiavario was put and lost.
THAT Community Centre Associations and other non-profit associations, as well as the BIAs, be permitted to manage up to three busking permits.
- LOST
(Councillors Bellamy, Clarke, Kennedy, Daniel Lee, Don Lee, Puil, Sullivan
and the Mayor opposed)
cont'd
Clause No. 1 (Cont'd)
The amendment having lost, the motion was put and the Committee, therefore,
RECOMMENDED
I.THAT the BIAs who wish to participate be permitted to manage up to three busking permits within the boundaries of their area and subject to the Busking Guidelines (similar to the program currently run by the Gastown Business Improvement Society). These permits could be redistributed by the BIA through recruitment, auditions or hiring on either a full-time or rotating basis.
- CARRIED
(Councillor Chiavario opposed)
The following motion by Councillor Daniel Lee was put and lost.
J. THAT limiting performance times to 60 minutes be in effect until 11:00 p.m.
K. THAT the number of buskers in free busking areas be limited.
- LOST
(Councillors Bellamy, Chiavario, Clarke, Herbert, Kennedy, Don Lee, Price,
Puil, Sullivan and the Mayor opposed)
2. Tourism Vancouver - 1998 Business Plan and Budget
The Committee had before it an Administrative Report, dated March 12, 1998 (on file), in which the Director of Operations Support recommended approval of the portion of Tourism Vancouver’s 1998 Business Plan funded by the 2% hotel tax , and that the 2% Hotel Tax payments be forwarded to Tourism Vancouver when received by the City.
Sam Kuzmick, Director of Operations Support, advised the flow-through funding payments to Tourism Vancouver have been streamlined, however the same legislative checks and balances are in place.
The following motion by the Mayor was put and carried. The Committee, therefore,
RECOMMENDED
THAT Council approve the portion of the Greater Vancouver Convention and Visitors Bureau’s (Tourism Vancouver's) 1998 Business Plan funded by the 2% hotel tax, and that the 2% Hotel Tax payments received by the City for the 1998 fiscal year be forwarded to Tourism Vancouver as and when they are received by the City.
- CARRIED UNANIMOUSLY
The meeting adjourned at 11:15 a.m.
* * * * *
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