Time:

7:00 p.m.

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Linda Barnes
Councillor Derek Dang
Councillor Evelina Halsey-Brandt
Councillor Sue Halsey-Brandt
Councillor Kiichi Kumagai
Councillor Harold Steves

City Clerk J. Richard McKenna

Absent:

Councillor Rob Howard
Councillor Bill McNulty

Call to Order:

Mayor Brodie called the meeting to order at 7:00 p.m.

RES NO.

ITEM

MINUTES

R 04/2-1

1.

It was moved and seconded

That the minutes of the Regular Council Meeting held on Monday, January 26^th, 2004, be adopted as circulated.

CARRIED

AGENDA ADDITIONS & DELETIONS

R 04/2-2

It was moved and seconded

That the following bylaws be added to the Council Agenda as additional items for adoption:
 

(1)

Zoning Amendment Bylaw No. 7607 (RZ 03-244803, 11931/11951 Dewsbury Drive); and

(2)

Zoning Amendment Bylaw No. 7608 (RZ 03-226615, 12340 Woodhead Road.

CARRIED

R 04/2-3

It was moved and seconded

That Development Permit DP 03-244883, for property at 8711 Alexandra Road, be deleted from the agenda (Item No. 10(3)), and referred to the March 8^th, 2004 Regular Council Meeting.

CARRIED

PRESENTATION

Judy Assoon, Chair, Richmond Family Court Committee, introduced members of the Committee who were in attendance this evening.  She then presented the Committees 2003 Annual Report, and responded to questions from Council on various issues.  (File No.:  0100-20-RFC01-01)  (REDMS No. 1099962)

BUSINESS LICENCE SUSPENSION HEARINGS

2.

Suspension of Business Licence J AND B INVESTMENTS LTD. DOING BUSINESS AS ZODIAC KARAOKE
(Report:  Feb. 4/04, File No.:   8060-20-7360) (REDMS No. 1120728, 1120447, 1115582, 1022102, 1110457)
 

Mr. Wallace Wong, representing Mr. Dennis Yip, addressed Council regarding the proposed enforcement of the City's no smoking regulations by suspending Mr. Yips business licence for fourteen days.  A copy of Mr. Wongs submission is on file in the City Clerks Office.

R04/2-4

It was moved and seconded

That the Business Licence of J and B Investments Ltd., doing business as Zodiac Karaoke, be suspended for a period of seven days from March 1^st through March 7^th, 2004, both dates inclusive.

CARRIED
 

3.

Suspension of Business Licence hanma (canada) investments ltd. DOING BUSINESS AS BLUE SEA HEALTH SPA
(Report:  Feb. 4/04, File No.:  8275-05) (REDMS No. 1120691, 1120465, 1115749, 1118761)

Mr. William Lim, of Lim & Company, representing Blue Sea Health Spa,  accompanied by Mr. Tony Dong, General Manager of the Blue Sea Health Spa, stated that the hearing referred to by staff was not attended by any lawyer on behalf of the Blue Sea Health Spa.  He explained that Mr. Dong was not aware that the meeting was intended to be a hearing.

Mr. Lim then dealt with the issue of the 12 midnight closing, stating that his client disputed this closing as being lights out at that time, and he provided a number of examples where patrons were not forced to leave if they entered a business, such as a restaurant or bank, just prior to closing time.  He indicated that he and his client were prepared to go to court on this issue.  Mr. Lim stated that the day on which the inspectors visited (January 22^nd, 2004), was Chinese New Year, which to many Chinese people, was a cultural holiday.  He explained that it was tradition with most Chinese men that they obtain a massage or go to a karaoke or night club to celebrate, and to shut down at 12 midnight and with everybody being asked to leave would be bad for business and bad for their superstitions.  Mr. Lim noted that the inspector arrived twenty minutes after midnight, and he expressed concern that for a twenty minute infraction, the City was proposing to shut the business down for thirty days. 

Mr. Lim expressed concern that the Blue Sea Health Spa was classified as an unregistered massage parlour, noting that the spa had 1,000 members, and that on January 22^nd, 2004, the spa had ninety customers and had stopped allowing customers in at 11:00 p.m.  He stated that massage parlours generally allowed their customers to remain until 1:00 a.m.  Mr. Lim further stated that as a result of the January 22^nd, 2004 infraction a ticket was issued for $100 and paid by his client on January 27^th.  He referred to the proposed business licence suspension and voiced the opinion that this was a double penalty, that the punishment was excessive and harsh, and perhaps could be considered to be cruel and unusual punishment. 

Mr. Lim added that the revenue loss could be as much as $90,000, not including expenses which the business would have to continue to pay even though the facility was closed.  In total, Mr. Lim stated that his client could be facing a loss of $200,000 for a twenty minute infraction.  He also noted that twenty-one families would be affected by the closure; that the business in question was in a service industry; that clients could not be treated harshly and be expected to return; and he suggested that enforcement was discriminatory.

In concluding his presentation, Mr. Lim suggested the following options, (1) that the suspension be quashed and dialogue held with his client to ensure that his client understood the problems he faced with a twenty minute infraction; and (2) a fine to a maximum of $500 would be acceptable, but any type of suspension would be met with a court challenge.

At this point, the Mayor advised Mr. Lim to cease referring to the possibility of a court challenge if the suspension was imposed.

R 04/2-5

It was moved and seconded

That the Business Licence of Hanma (Canada) Investments Ltd., doing business as Blue Sea Health Spa, be suspended for a period of 30 days commencing February 14, 2004 through March 14, 2004, both dates inclusive.

CARRIED

COMMITTEE OF THE WHOLE

R 04/2-6

4.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (8:15 p.m.).

CARRIED

5.

Delegations from the floor on Agenda items None.

R 04/2-7

6.

It was moved and seconded

That Committee rise and report (8:16 p.m.).

CARRIED

PLANNING COMMITTEE
Councillor Sue Halsey-Brandt, Vice Chair

R 04/2-8

7.

It was moved and seconded

That the minutes of the Planning Committee meeting held on Tuesday, February 3^rd, 2004, be received for information.

CARRIED

(Councillor Kumagai left the meeting at 8:17 p.m.)

8.

APPLICATIONS FOR REZONING

( A)

MATTHEW CHENG
(RZ 03-246155 - Report:  Jan. 13/04, File No.:  8060-20-7628) (REDMS No. 1080277, 1110800, 1110850)
 

( B)

NOBOB PROPERTIES LTD.
(RZ 03-252048 - Report:  Jan. 19/04, File No.:  8060-20-7654) (REDMS No. 1105884, 1113771, 1113773)
 

R 04/2-9

It was moved and seconded

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

(1)

Bylaw No. 7628, for the rezoning of 5440 Blundell Road from Single-Family Housing District, Subdivision Area E (R1/E) to Coach House District (R9); and

(2)

Bylaw No. 7654 , for the rezoning of 10220 Cambie Road from Single-Family Housing District, Subdivision Area F (R1/F) to Comprehensive Development District (CD/61).

CARRIED

9.

APPLICATION FOR REZONING (AND AMENDMENT TO THE OFFICIAL COMMUNITY PLAN) - JOHNSTON DAVIDSON ARCHITECTURE & PLANNING
(RZ 03-251226 - Report:  Jan. 19/04, File No.:  8060-20-7650/7651) (REDMS No. 1110784, 1111218, 1111229, 1111224)
 

(Councillor Kumagai returned to the meeting at 8:18 p.m.)

R 04/2-10

It was moved and seconded

(1)

That Bylaw No. 7650, to:
 

(a)

redesignate 6991 No. 1 Road from "Commercial" to "Residential (Townhouse)" on the Land Use Map;

(b)

combine Residential Development Permit Area 1 and 2 on the Development Permit Areas Map;

(c)

expand the Residential Development Permit Area on the Development Permit Areas Map to include 6991 No. 1 Road;

in Official Community Plan Bylaw No. 7100, Thompson Area, Terra Nova Sub-Area Plan, Schedule 2.2B, be introduced and given first reading.
 

(2)

That Bylaw No. 7650, having been considered in conjunction with:
 

(a)

the City's Financial Plan and Capital Program;

(b)

the Greater Vancouver Regional District Solid Waste and Liquid Waste Management Plans;

is hereby deemed to be consistent with said program and plans, in accordance with Section 882(3)(a) of the Local Government Act.
 

(3)

That Bylaw No. 7650, having been considered in accordance with the City Policy on Consultation During OCP Development, is hereby deemed not to require further consultation.
 

(4)

That Bylaw No. 7651, for the rezoning of 6991 No. 1 Road from Service Station District (G2) to Townhouse District (R2-0.6), be introduced and given first reading.

CARRIED

DEVELOPMENT PERMIT PANEL

R 04/2-11

10.

It was moved and seconded

(1)

That the minutes and the Chairs report for the Development Permit Panel meeting held on Wednesday, January 28^th, 2004, be received for information.
 

(2)

That the recommendations of the Panel to authorize the issuance of Development Permits for properties at:
 

(a)

22571 Westminster Highway (DP 03-225089); and

(b)

12511 No. 2 Road (DP 03-238390),

be endorsed, and the Permits so issued.

CARRIED

PUBLIC DELEGATIONS ON NON-AGENDA ITEMS

R 04/2-12

11.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on non-agenda items (8:19 p.m.).

CARRIED

Diane Gillis, Area Manager, Richmond/Delta/New Westminster, Heart and Stroke Foundation of BC & Yukon, spoke about the month of February being Heart Month, and the efforts being taken to improve heart health.  (File No. 0185-04)

R 04/2-13

It was moved and seconded

That February 12^th, 2004 be declared Dress Red Day, and that the month of February be declared Heart Month.

CARRIED

R 04/2-14

12.

It was moved and seconded

That Committee rise and report (8:30 p.m.).

CARRIED

RATIFICATION OF COMMITTEE ACTION

R 04/2-15

It was moved and seconded

That Council ratify the action of the Committee of the Whole in directing:
 

That February 12^th, 2004 be declared Dress Red Day, and that the month of February be declared Heart Month.

CARRIED

BYLAWS FOR ADOPTION

R04/2-16

It was moved and seconded

That the following bylaws be adopted:
 

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7607 (11931/11951 Dewsbury Drive, RZ 03-244803)

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7608 (12340 Woodhead Road, RZ 03-226615)

Waterworks and Water Rates Bylaw No. 5637, Amendment Bylaw No. 7646

CARRIED

ADJOURNMENT

R 04/2-17

It was moved and seconded

That the meeting adjourn (8:32 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, February 9^th, 2004.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

City Clerk (J. Richard McKenna)