Council Meeting Minutes - May 14, 2001

Time:

7:00 p. m.

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Greg Halsey-Brandt
Councillor Linda Barnes
Councillor Malcolm Brodie
Councillor Derek Dang
Councillor Lyn Greenhill
Councillor Ken Johnston
Councillor Kiichi Kumagai
Councillor Bill McNulty
Councillor Harold Steves

City Clerk - J. Richard McKenna

Call to Order:

Mayor Halsey-Brandt called the meeting to order at 7:00 p.m.

It was moved and seconded

That:

the minutes of the Regular Council Meeting held on Monday, April  23, 2001; and

the minutes of the Special Council Meeting held on Monday, May 7, 2001;

each be adopted as circulated, and that the TransLink "Board in Brief" dated April 20, 2001 and the GVRD "Board in Brief" dated April 27, 2001, each be received for information.

CARRIED

Mr. Simon Johnston, Producer/GM, and Mr. Robert Turnbull, Chair of the Board of the Gateway Theatre Society, presented the 2000 Annual Report. Mr. Turnball spoke briefly on the challenges faced by the Society in the operation of the Theatre facility. A copy of their presentation is on file in the City Clerks Office.

Opportunity for Business Licence Holder to be heard in accordance with Section 660 of the Local Government Act - Mr. Ip Li

SUSPENSION OF BUSINESS LICENCE FOR KINGDOM MASSAGE AND ACUPRESSURE CENTRE
(Report: May 9/01, File No.: 8275-06) (REDMS No. 387410, 387323, 387387, 360731, 308849)

Mr. Ip Li, speaking through a translator, referred to correspondence (dated May 11^th, 2001) in which he requested a postponement of the hearing until the May 28^th, 2001 Regular Council Meeting, to give him more time to prepare his case. A brief discussion ensued among Council, as a result of which, the Mayor advised that Council would deal with the matter at this time.

Mr. Li advised through the translator, that the procedures implemented by the City were new and that he was trying to follow these procedures, however, sometimes things happen. Mr. Li stated that the penalty was too harsh for the violation. He also stated that some of the regulations were difficult to meet, such as the requirement that the female employees be clothed from their necks to their knees, which he felt was unsuitable for giving massages. Mr. Li commented that this issue should be addressed.

In response to questions from the Chair, information was provided by the translator that Mr. Li had been issued tickets for two bylaw infractions in January of this year, the first for being open after the regulated closing time. The translator explained that at that time, the business had only been open for 20 minutes beyond the closing time because a disabled patron had been slow in getting dressed. He advised that the second bylaw infraction ticket had been issued because one of the female employees had not been appropriately dressed. He explained that the woman had removed her jacket because it was cleaning time and that she had been ready to leave but stayed behind to assist a customer.

The translator advised that the most recent ticket for a bylaw infraction was again for having a female employee who was not appropriately dressed. He indicated that at that time, the woman had finished the massage and was getting ready to leave the room. He questioned whether a female employee had to wear the clothing if she did not have a massage to perform.

The translator stated that the other ticket was issued because of the failure of the owner to remove the locking devices from the doors leading into the rooms. He indicated that the clients wanted to have privacy during and after their massages, especially when showering or getting dressed, and as a result, wedges were placed under the doors to ensure that this privacy was maintained. The translator indicated that Mr. Li knew that the City did not want any locking devices on the doors to the rooms however the customers wanted privacy to ensure that other clients did not enter their rooms by mistake. He stated that some customers insisted on having their privacy.

The translator noted that the two women who had not dressed appropriately had been fired by Mr. Li, and he urged Council on Mr. Lis behalf to take no action to suspend his business licence. He stated that the remaining women had families to support and bills to pay and that the closure would have a severe impact on them.

R01/9-2

It was moved and seconded

That the business licence of Kingdom Massage and Acupressure Centre be suspended for the period May 16, 2001 through July 14, 2001, both dates inclusive.

CARRIED

Opportunity for Business Licence Holder to be heard in accordance with Section 660 of the Local Government Act - Mr. Yiu Lam Tony Ko

SUSPENSION OF BUSINESS LICENCE FOR ORIENTIQUE/SHIATSU
(Report: May 9/01, File No.: 8275-06) (REDMS No. 388794, 388792, 388304, 360738)

Mr. Tony Ko, speaking through a translator, advised that the two female employees responsible for the infractions had been fired. He asked that he be given a chance and promised that the infractions would not occur again.

Karen Suva, receptionist for the business, stated that the tickets issued by the City were for the improper dress infractions. She indicated that many of the female employees did not understand Mr. Ko because of his inability to speak English, and that many of the women came from Vancouver where there were different regulations. Ms. Suva stated that all the female employees at the Orientique/Shiatsu were now dressed appropriately.

Ms. Suva then explained that the second ticket for bylaw infractions had been issued because windows were covered. She stated that the business had customers who did not want to be observed and therefore covered the window to their room. Ms. Suva noted that Mr. Ko had not received any other tickets and advised that both he and Ms. Suva were now explaining the regulations to their employees.

Ms. Suva advised that in addition to being the receptionist, she was responsible for ensuring that the business facility was kept clean and that the female employees were appropriately dressed. She stated that many of the female employees from Vancouver were not following Richmond's regulations and had been told that if they did not follow these rules, they could no longer work for Mr. Ko.

In response to questions from Council, the General Manager, Finance & Corporate Services Jim Bruce, advised that copies of the current regulations had been provided to the owners of all registered massage therapy clinic and therapeutic touch clinic establishments located in the City.

Ms. Suva confirmed, in response to questions, that she acted as the receptionist, introduced the customers to the ladies, and ensured that the facility was kept clean and that the ladies picked up after themselves.

Mr. Ko responded to questions about whether he was still looking for a business manager, with a nod of agreement.

R01/9-3

It was moved and seconded

That the business licence of Orientique/Shiatsu be suspended for the period May 16, 2001 through June 14, 2001, both dates inclusive.

CARRIED

Opportunity for Business Licence Holder to be heard in accordance with Section 660 of the Local Government Act - Mr. Y. Gao

SUSPENSION OF BUSINESS LICENCE FOR SILVER SPRINGS MASSAGE THERAPHY CENTRE
(Report: May 9/01, File No.: 8275-06) (REDMS No. 388756, 388846, 386975, 308874)

Mr. Gao, speaking through a translator, advised that one of the bylaw infractions for which tickets were issued had been for having locking devices on the doors, which he stated, had been on the doors for some time prior to the ticket being issued. He indicated that the second bylaw infraction dealt with the dress code and that a ticket had been issued to a female employee who was wearing inappropriate clothing.

In response to questions from the Mayor, Mr. Bruce advised that the licence for this business had been suspended in October, 2000, and that two tickets for bylaw infractions had been issued since that time for having locked rooms and inappropriately dressed employees.

In response to a question from the Mayor, the translator advised on Mr Gaos behalf, that the locks had been removed from the rooms immediately after the issuance of the ticket.

R01/9-4

It was moved and seconded

That the business licence of Silver Springs Massage Therapy Centre be suspended for the period May 16, 2001 through July 14, 2001, both dates inclusive.

CARRIED

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:59 p.m.).

CARRIED

Delegations from the floor on Agenda items -

Item No. 19(b) - Application for Rezoning - Less Cohen

Mr. Les Cohen, of 5591 Gilmore Crescent, spoke in support of his rezoning application.

It was moved and seconded

That Committee rise and report (8:03 p.m.).

CARRIED

APPOINTMENTS TO THE ADVISORY DESIGN PANEL

It was moved and seconded

That the following persons be appointed to the Advisory Design Panel for terms to expire December 31^st, 2002:

(1)

Mr. Ross Clouston, as the representative of the Urban Development Institute; and

(2)

Mr. David S. Lee, as the representative of the Association of Engineers and Geoscientists of BC.

CARRIED

It was moved and seconded

That the minutes of the Community Safety Committee meeting held on Tuesday, April 24^th, 2001, be received for information.

CARRIED

CITIZENS ADVISORY COMMITTEE ON POLICING
(Report: Mar. 19/01, File No.: 0100-20-CACP1-01) (REDMS No. 313694, 313312, 317705, 364106)

R01/9-9

It was moved and seconded

That the new Terms of Reference for the Citizens Advisory Committee on Policing (attached to the report dated March 19^th, 2001, from the General Manager, Community Safety), be adopted.

That the Terms of Reference for the Citizens Advisory Committee on Policing (adopted on July 12, 1999), be rescinded.

That staff examine the mandate of the Citizens Advisory Committee on Policing and report to the Community Safety Committee with recommendations.

CARRIED

RCMP STAFFING - CITY EMPLOYEES - EXHIBIT CUSTODIAN
(Report: Mar. 29/01, File No.: 1810-01) (REDMS No. 297870)

R01/9-10

It was moved and seconded

That an additional City Employee position be approved for the RCMP, to replace the RCMP, Special Constable currently performing the duties of Exhibit Custodian, subject to clarification from the Human Resources Department that the position had previously been removed from the Position Complement Control List.

That the use of auxiliary staff be approved to work in the Exhibits function, with the total cost of the new City Employee and the auxiliary hours not exceeding the current budgeted cost of the RCMP Special Constable.

That the Attorney General of British Columbia be advised of the reduction in the establishment of the Richmond RCMP by one (1) position.

That the City and the RCMP agree to evaluate the workload in the Exhibits Unit after a period of one (1) year.

CARRIED

PRINCIPAL POLICING CONTACT FOR THE CITY
(Report: Apr. 17/01, File No.: 5350-01) (REDMS No. 353554)

R01/9-11

It was moved and seconded

That the General Manager, Community Safety Division, be named as the Principal Policing Contact for the City.

CARRIED

It was moved and seconded

That the minutes of the Finance Select Committee meeting held on Thursday, May 3^rd, 2001, be received for information.

CARRIED

FIVE YEAR FINANCIAL PLAN AND PROPOSED FINANCIAL PLANNING POLICY
(Report: May 8/01, File No.: 0970-00) (REDMS No. 354918, 383243, 340987)

R01/9-13

It was moved and seconded

That the following procedural guidelines for the development and presentation of the 5 Year Financial Plan, be adopted as Council policy:

Each business unit must provide a preliminary five year financial plan with the current year budget submissions.

Five year financial plans must be structured to include/clearly identify:

for comparison purposes, the base level of service budget for the previous year;

the current year same level of service budget plus all pre-committed non-discretionary cost increases (i.e. incremental increases specified in contracts, salary increases associated with collective agreements, etc.) clearly identified as a separate line item cost factor;

item (b) above adjusted for inclusion of pre-announced non-discretionary rate increases (i.e. heat, light, fuel, telephone, etc.) also clearly identified as a separate line item cost factor;

item (c) above plus cost increases (identified as a separate line item) directly associated with increased plant which is presently, or which has been approved and will be in place and fully operational during the respective budget year;

other inflationary increases on scheduled costs are to be included and separately identified as noted above only where verification of the increase can be provided;

Five year financial plans should not include:

additional level budget requests;

cost increases for anticipated increased plant where the associated plant has not received final approval;

cost increases associated with unverified inflationary factors.

All additional level costs and costs associated with anticipated increases in plant will be reviewed with the respective annual budget submission.

All Departments/Divisions five year financial plans must be signed-off by the General Manager and be submitted to The Administrators Group for review, comment and approval. The Corporate Five Year Financial Plan report is to be signed-off by the General Manager of Finance and Corporate Services and must be accompanied by a signed concurrence from the Chief Administrative Officer prior to being forwarded to Committee/Council.

The draft or proposed five year financial plan must be submitted to Council for review and comment with the annual budget submission.

The question on Resolution No. R01/9-13 was not called, as the following amendment was introduced:

R01/9-14

It was moved and seconded

That Part (5) of Resolution No. R01/9-13 be deleted in its entirety and the following substituted therefor:

The drafts of both the five year and the annual operating and capital budget must be presented to Council by the first Council Meeting in January of the year in which the annual budget is being prepared."

CARRIED

The question on Resolution No. R01/9-13, as amended by Resolution No. R01/9-14, was then called, and it was CARRIED.

It was moved and seconded

That the minutes of the General Purposes Committee meeting held on Monday, May 7^th, 2001, be received for information.

CARRIED

LIQUID WASTE MANAGEMENT PLAN - STAGE 3 - PROPOSED GVRD AMENDMENT
(Report: April 20/01, File No.: 0157-20-LWMP1) (REDMS No. 359352)

R01/9-16

It was moved and seconded

That Addendum No. 1 to the "Greater Vancouver Regional District Liquid Waste Management Plan, February 2001", be adopted.

CARRIED

BIKE MONTH - JUNE, 2001
(Report: April 27/01, File No.: 0970-01) (REDMS No. 314471, 387384)

R01/9-17

It was moved and seconded

That:

The overall objectives of the Bike Month campaign planned by Better Environmentally Sound Transportation (BEST) for June, 2001, (as outlined in the report dated April 27^th, 2001, from the Manager of Transportation), be supported.

The City participate in the various regional and local activities, (as described in the report dated April 27^th, 2001, from the Manager of Transportation), to encourage cycling as a sustainable form of transportation, and reduce the use of single occupant vehicles during the Bike Month 2001 campaign; and that staff co-ordinate these activities with BEST and other municipalities in the region.

That the City support the regional Bike Month activities by contributing $1,500 to BEST for campaign costs, with the source of funds to be the 2001 Minor Capital Program (Traffic Safety Initiatives).

CARRIED

It was moved and seconded

That the minutes of the Planning Committee meeting held on Tuesday, May 8^th, 2001, be received for information.

CARRIED

APPLICATIONS FOR REZONING:

S-248 HOLDINGS LTD.
(Report: April 17/01, File No.: 8060-27-7228) (REDMS No. 352076, 350358, 351699)

LES COHEN
(Report: April 25/01, File No.: 8060-20-7232) (REDMS No. 364043, 364171, 364174)

PLATINUM MANAGEMENT INC.
(Report: April 18/01, File No.: 8060-20-7229) (REDMS No. 355053, 360700, 361238)

R01/9-19

It was moved and seconded

That the following bylaws each be introduced and given first reading:

Bylaw No. 7228, for the rezoning of 7160 St. Albans Road from "Townhouse and Apartment District (R3)" to "Comprehensive Development District (CD/120)".

Bylaw No. 7232, for the rezoning of 7751 and 7771 Lucas Road from "Two-Family Housing District (R5)" to "Single-Family Housing District, Subdivision Area B (R1/B)".

Bylaw No. 7229, for the rezoning of 6731 and 6751 Cooney Road from "Townhouse District (R2)" to "Comprehensive Development District (CD121)".

Prior to the question on the motion being called, staff were directed to provide a copy of (a) the Single-Family Lot Size Policy for the subject area, and (b) the policy adopted by Council regarding the subdivision of "R/5" zoned properties into two equally sized properties to the Public Hearing on Bylaw No. 7232.

The question on Resolution No. R01/9-19 was then called, and it was CARRIED.

AGRICULTURAL LAND RESERVE APPEAL APPLICATION BY KABEL ATWALL FOR NON-FARM USE AND SUBDIVISION AT 18691 AND 18791 WESTMINSTER HIGHWAY (NANAKSAR GURDWARA GURSIKH TEMPLE)
(Report: April 20/01, File No.: AG 00-175102) (REDMS No. 304338, 361589, 267135, 389928)

R01/9-20

It was moved and seconded

That Mr. Kabel Atwall be authorized to apply to the Land Reserve Commission for non-farm use and subdivision at 18691 and 18791 Westminster Highway (Nanaksar Gurdwara Gursikh Temple) subject to the following conditions:

(a)

That the temple only be allowed to expand if and when it is connected to the proposed new Fraser-Richmond sanitary sewer trunk forcemain (i.e. on-site sewage disposal will not be permitted even as an interim measure unless specifically approved by Council following the recommendation of the Planning Committee);

(b)

That the 2.05 ha (5.06 ac.) religious garden and lawns on 18791 Westminster Highway be removed and converted to farming production in order to provide a tangible net benefit to agriculture;

(c)

That all of the staging areas and buildings for the blueberry operation be located on the 0.96 ha (2.35 ac.) gravel area at the front of 18791 Westminster Highway;

(d)

That a permanent fence be erected around the proposed new temple site, so long as it did not impact on the farm operations, and a covenant be registered on 18791 Westminster Highway to prevent it from being used for parking for the temple;

(e)

That sufficient on site parking as determined by the Zoning and Development Bylaw (and a traffic analysis, which would include a draw analysis, at the time of rezoning) be provided on the proposed 3.08 ha (7.6 ac.) site to be used for the expanded temple; and

(f)

That a "no build" covenant be placed on the proposed consolidated lot (18791 Westminster Highway).

CARRIED

OPPOSED: Cllr. Steves

REZONING, DEVELOPMENT PERMIT AND SUBDIVISION PROCESS REVIEWS
(Report: April 30/01, File No.: 4105-00) (REDMS No. 365798 233227, 199937, 226277, 367818, 204433, 233367, 367965, 204251, 233625, 368276)

R01/9-21

It was moved and seconded

That:

The City Clerk bring forward amendments to the Development Permit Procedure Bylaw which would incorporate the General Compliance Application process; and

Staff monitor delegation of Development Permit approval in other municipalities and review this issue with Planning Committee in January, 2002.

CARRIED

REPORT ON PORTS COMPETITIVENESS
(Report: April 25/01, File No.: 4040-01) (REDMS No. 345843, 295507)

R01/9-22

It was moved and seconded

That the letter (dated February 28, 2001, from the GVRD to the Deputy Minister of Employment and Investment), regarding the need for a more thorough review of ports competitiveness, be endorsed; and

That the Mayor write to the Deputy Minister of Employment and Investment and request that the City be included in any future discussions on ports competitiveness.

CARRIED

STEVESTON SALMON FESTIVAL PARADE - JULY 1, 2001
(Report: April 17/01, File No.: 7400-20-SSFE1) (REDMS No. 353558)

R01/9-23

It was moved and seconded

That the Steveston Community Society be granted approval to conduct the 56th annual Steveston Salmon Festival Parade at 10:00 a.m., Canada Day, Sunday, July 1, 2001.

That the cost for police services, temporary traffic control signing, and barricades, estimated at $3,500, be charged to the Special Events Account 4426-10-241-24100 (Steveston Salmon Festival).

CARRIED

Mayor Halsey-Brandt announced the appointments of Mr. Jeff Day as the General Manager, Engineering & Public Works, effective May 15^th, 2001, and Ms. Cathryn Carlile as the General Manager, Parks, Recreation and Cultural Services.

It was moved and seconded

That Zoning and Development Bylaw No. 5300, Amendment Bylaw No. 7163 (7600 & 7620 St. Albans Road, RZ 00-175356), be adopted.

CARRIED

Councillor Greenhill, in accordance with Section 231 of the Local Government Act, advised that she was in a potential conflict of interest as her family had acquired shares in Home Depot, and she then left the meeting (9:02 p.m.).

It was moved and seconded

That Zoning and Development Bylaw 5300, Amendment Bylaw No. 7218
(To permit plants and landscaping supplies in Zoning District I/4) be adopted.

CARRIED

OPPOSED: Mayor Halsey-Brandt
Cllr. Kumagai
McNulty

It was moved and seconded

That the following bylaws be adopted:

5 Year Financial Plan (2001 - 2005) Bylaw No. 7225

Annual Property Tax Rates Bylaw No. 7227.

(Councillor Greenhill returned to the meeting at 9: 11 p.m.)

The question on Resolution No. R01/9-26 was called, and it was CARRIED.

OPPOSED: Mayor Halsey-Brandt

It was moved and seconded

That the meeting adjourn (9:12: p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Regular Meeting of the Council of the City of Richmond held on Monday, May 14^th, 2001.

_________________________________

_________________________________

Mayor Greg Halsey-Brandt

City Clerk (J. Richard McKenna)