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 Rob Howard
Councillor Kiichi Kumagai
Councillor Bill McNulty
Councillor Harold Steves

Director, City Clerk’s Office – David Weber

Call to Order:

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

RES NO.

ITEM

MINUTES

R05/9-1

1.

It was moved and seconded

That the minutes of the Regular Council Meeting held on Monday, April 25^th, 2005, be adopted as circulated; and that the TransLink “Board in Brief” dated April 20^th, 2005, be received for information.

CARRIED

COMMITTEE OF THE WHOLE

R05/9-2

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:01 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items – None.

R05/9-3

4.

It was moved and seconded

That Committee rise and report (7:02 p.m.).

CARRIED

GENERAL PURPOSES COMMITTEE –
Mayor Malcolm D. Brodie, Chair

R05/9-4

5.

It was moved and seconded

That the minutes of the General Purposes Committee meeting held on Monday, May 2^nd, 2005, be received for information.

CARRIED

6.

AWARD OF CONTRACT T.1577 - RECYCLING DEPOT

(Report:  Apr. 26/06, File No.:  03-1000-20-T.1577) (REDMS No. 1500324)

R05/9-5

It was moved and seconded

That Contract T.1577, Recycling Depot, for the period July 1, 2005 – June 30, 2008, be awarded as follows:

(1)

Supersave Save Disposal Inc. - the container collection and recycling services for the following commodities at the unit rates quoted:  Newspaper, Magazines, Telephone Books, Tin, Glass and Plastic; and

(2)

BFI Canada Inc. - the container collection and recycling services for the following commodities at the unit rates quoted:  Mixed Paper, Cardboard, Scrap Metal, Scrap Aluminum; and

(3)

International Paper Industries - the container collection and recycling services for Yard Waste at the unit rates quoted.

CARRIED

7.

PROPERTY MAINTENANCE & REPAIR (GROW-OP) BYLAW

(Report:  Apr. 28/05, File No.:  12-8060-20-7897) (REDMS No. 1344095, 1521620, 1521580)

R05/9-6

It was moved and seconded

(1)

That Property Maintenance & Repair (Grow-Op) Bylaw No. 7897 (as amended by Committee), be introduced and given first, second and third reading.

(2)

That staff develop a communication and education strategy, including the preparation of notices for insertion with the 2005 property tax bills.

(3)

That letters be sent to the Richmond Members of Parliament and to the Federal and Provincial Solicitor Generals regarding the possibility of funds resulting from the seizure of the proceeds of crime being remitted to the City.

(4)

That staff:

(a)

review and report on funding and cost implications which could result from the adoption of Bylaw No. 7897; and

(b)

examine and report on the feasibility of (i) creating an additional ‘green team’ and the cost of such implementation; and/or (ii) other community safety strategies.

The question on Resolution No. R05/9-6 was not called, as the following referral motion was introduced:

R05/9-7

It was moved and seconded

That Parts (1), (2), (3) and (4) of Resolution No. R05/9-6, relating to the Property Maintenance & Repair (Grow-Op) Bylaw No. 7897 be referred to staff to consider the inclusion in Bylaw No. 7897 of an appeal process in relation to the assessments imposed, for return to Council as quickly as possible to meet the proposed effective date of July 1^st, 2005.

The question on Resolution No. R05/9-7 was not called, as staff were directed to ensure that, if they came to the conclusion that appeals should be heard through the Community Safety Committee, that the terms of reference allow the Committee to make the final decision in such an matter, or if Council approval was required, then the matter should come directly to Council.

The question on Resolution No. R05/9-7 was then called, and it was CARRIED.

PARKS, RECREATION AND CULTURAL SERVICES COMMITTEE –
Councillor Harold Steves, Chair

R05/9-8

8.

It was moved and seconded

That the minutes of the Parks, Recreation and Cultural Services Committee meeting held on Tuesday, April 26^th, 2005, be received for information.

Prior to the question on Resolution No. R05/9-8 being called, Councillor Steves advised that an amendment was required to the minutes to delete the words “one being on private property and the other”, and to substitute the word “both”.

During the discussion which ensued on the proposed tree bylaw, staff were requested to include in the upcoming report on this matter, a comparison, if the tree bylaw was in place, on the amount of time it would take to complete remedial action through the court system, as opposed to dealing directly with the infractions as had recently occurred with a developer and the Sequoia tree.

The question on Resolution No. R05/9-8 was then called, and it was CARRIED.

PLANNING COMMITTEE –
Councillor Bill McNulty, Chair

R05/9-9

9.

It was moved and seconded

That the minutes  of the Planning Committee meeting held on Tuesday, May 3^rd, 2005, be received for information.

CARRIED

10.

APPLICATIONS FOR REZONING -

(A)

AJIT THALIWAL

(RZ 04-274200 - Report:  April 12/2005, File No.:  8060-20-7938) (REDMS No. 1432976, 1316942)

(B)

MANDEEP NIJJAR AND JATINDER JOHAL

(RZ 04-275631 - Report:  April 18/05, File No.:  8060-20-7941) (REDMS No. 1480145, 1482446, 1476868, 1482391)

(C)

ADERA EQUITIES INC.

(RZ 04-287217 - Report:  April 20/05, File No.:  8060-20-7919) (REDMS No. 1442648, 1443046)

(D)

ELEGANT DEVELOPMENT INC.

(RZ 05-296867 - Report:  April 19/05, File No.:  8060-20-7943) (REDMS No. 1483080, 1483350)

(E)

TARA DEVELOPMENTS LTD.

(RZ 05-298161 Report:  April 19/05, File No.:  8060-20-7942) (REDMS No. 1483115, 1483254)

R05/9-10

It was moved and seconded

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

(1)

Bylaw No. 7938, for the rezoning of 10871 Gilbert Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single Family Housing District (R1-0.6)”;

(2)

Bylaw No. 7941, for the rezoning of 8300 Francis Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District (R1 - 0.6)”; and

(3)

Bylaw No. 7919:

(a)

to amend Zoning and Development Bylaw 5300 by creating a new multiple-family residential zone, “Comprehensive Development District (CD/166)”, and

(b)

to rezone 9180 and 9186 Westminster Highway from “Two-Family Housing District (R5)” and 9200 and 9220 Westminster Highway from “Single-Family Housing District, Subdivision Area F (R1/F)” to “Comprehensive Development District (CD/166)”.

CARRIED

Cllr. Barnes, in accordance with Section 100 of the Community Charter, declared herself to be in a perceived conflict of interest because she owned property on Garry Street, and she then left the meeting – 7:39 p.m.

R05/9-11

It was moved and seconded

That Bylaw No. 7943, for the rezoning of 4431 Garry Street from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District, Subdivision Area A (R1/A)”, be introduced and given first reading.

CARRIED

(Councillor Barnes returned to the meeting at 7:40 p.m.)

R05/9-12

It was moved and seconded

That Bylaw No. 7942, for the rezoning of 8351 No. 1 Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District (R1 - 0.6)”, be introduced and given first reading.

CARRIED

11.

APPLICATION FOR REZONING - RAMAN KOONER

(RZ 04-274399 - Report:  Apr. 18/05, File No.:  12-8060-20-7896) (REDMS No. 1440708, 1482231, 1468772, 1500853, 1524834)

R05/9-13

It was moved and seconded 

That no action be taken to collect Neighbourhood Improvement Charges for the lane right-of-way being obtained as part of the rezoning of 6340 Williams Road.

CARRIED

OPPOSED:  Mayor Brodie

Cllrs. Barnes

Steves

R05/9-14

It was moved and seconded 

That Bylaw No. 7896, for the rezoning of 6340 Williams Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District, Subdivision Area K (R1/K)”, be introduced and given first reading.

The question on Resolution No. R05/9-14 was not called, as the following tabling motion was introduced:

R05/9-15

It was moved and seconded 

That consideration of Bylaw No. 7896, for the rezoning of 6340 Williams Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District, Subdivision Area K (R1/K)”, be tabled until after consideration of a motion from Councillor Barnes regarding a contribution to the City’s Affordable Housing Fund.

CARRIED

OPPOSED:  Cllrs. Dang

Howard

Kumagai

McNulty

R05/9-16

It was moved and seconded 

That the developer, Raman Koonar, be approached to make a donation to the City’s Affordable Housing Fund, equivalent to the amount which would have been collected for Neighbourhood Improvement Charges for a lane right-of-way.

The question on Resolution No. R05/9-16 was not called, as the following amendment was introduced:

R05/9-17

It was moved and seconded 

That Resolution No. R05/9-16 be amended by deleting the words “equivalent to” and by substituting the words “up to”.

CARRIED

OPPOSED:  Cllrs. Dang

Howard

McNulty

The question on Resolution No. R05/9-16, as amended by Resolution No. R05/9-17 was called, and it was CARRIED with Cllrs. Dang, Howard, Kumagai and McNulty opposed.

Council then dealt with Bylaw No. 7896, for the rezoning of 6340 Williams Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District, Subdivision Area K (R1/K)”.   As a result, the following referral motion was introduced:

R05/9-18

It was moved and seconded 

That Bylaw No. 7896, for the rezoning of 6340 Williams Road from “Single-Family Housing District, Subdivision Area E (R1/E)” to “Single-Family Housing District, Subdivision Area K (R1/K)”, be referred to staff to meet with the developer about making a contribution to the City’s Affordable Housing Fund, and that staff provide the developer’s response to Council at the earliest opportunity.

The question on Resolution No. R05/9-18 was not called, as Councillor Evelina Halsey-Brandt called a Point of Order, stating that she wished to speak to the motion and that as the mover of the motion, she had precedence over other speakers.  The Chair ruled that she was out of order and that subsequent speakers had already been recognized.  Councillor Evelina Halsey-Brandt then challenged the ruling of the Chair. 

Mayor Brodie then put the question, Shall the Chair be sustained, to the rest of Council.  The question was called, and it was CARRIED.  The challenge of the Chair was defeated and the Chair’s ruling sustained on a tied vote, with Cllrs. Barnes, E. Halsey-Brandt, S. Halsey-Brandt and Steves opposed to sustaining the Chair.

The question on Resolution No. R05/9-18 was called, and it was CARRIED with Cllrs. Dang, Howard, Kumagai and McNulty opposed.

12.

2005-2006 STATE OF THE ENVIRONMENT UPDATE
(Report:  April 20/05, File No.: 4425-07-01) (REDMS No. 1481609)

R05/9-19

It was moved and seconded

That the 2005-2006 State of the Environment Update Work Program (outlined in Attachment 1 to the report dated April 20, 2005 from the Manager, Policy Planning), be endorsed.

(Cllr. Dang left the meeting at 8:38 p.m.)

CARRIED

13.

OCP BYLAW PREPARATION CONSULTATION POLICY

(Report:  April 26, 2005, File No.:  4045-00) (REDMS No. 1472548, 673532)

(Cllr. Dang returned to the meeting at 8:40 p.m.)

R05/9-20

It was moved and seconded

That, (as per the report dated April 26^th, 2005 from the Manager, Policy Planning) regarding the OCP Bylaw Preparation Consultation Policy:

(1)

The existing Council Policy 5039 “Consultation During OCP Development” (adopted April 22, 2002), be rescinded; and

(2)

The “OCP Bylaw Preparation Consultation Policy” (Attachment 2) be adopted.

CARRIED

COUNCIL/SCHOOL BOARD LIAISON COMMITTEE -

R05/9-21

14.

It was moved and seconded

That the minutes of the Council/School Board Liaison Committee meeting held on Tuesday, April 12^th, 2005, be received for information.

CARRIED

FINANCE & CORPORATE SERVICES DIVISION

15.

COUNCIL REMUNERATION AND EXPENSES FOR 2004
(Report:  May 3/05, File No.:  01-0105-08-01) (REDMS No. 1520509)

R05/9-22

It was moved and seconded

That the report (dated May 3^rd, 2005, from the General Manager, Finance & Corporate Services), regarding Council Remuneration and Expenses for 2004, be received for information.

CARRIED

16.

2004 STATEMENT OF FINANCIAL INFORMATION

(Report:  May 1/05, File No.:  03-1200-03) (REDMS No. 1516989)

R05/9-23

It was moved and seconded

That the statements and schedules of Financial Information reported for the year ended December 31^st, 2004 from the Manager, Payroll & Accounts Payable (attached to the report dated May 1^st, 2005 from the Director of Finance), be approved.

CARRIED

PUBLIC DELEGATIONS ON NON-AGENDA ITEMS

R05/9-24

17.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on non-agenda items (8:43 p.m.).

CARRIED

Peter Mitchell extended an invitation to Council and Richmond residents to participate in the “Rick Hansen Wheels in Motion” event to be held on Sunday, June 12^th, 2005, at the Britannia Heritage Shipyard.  He spoke about spinal cord injuries and the health care costs which were incurred to deal with this type of injury.  (11-7400-01)

R05/9-25

18.

It was moved and seconded

That Committee rise and report (8:50 p.m.).

CARRIED

BYLAWS FOR ADOPTION

R05/9-26

It was moved and seconded

That the following bylaws be adopted:

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7599
(4471 Steveston Highway, RZ 03-240492)

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7804
 (5311/5331 Clifton Road, RZ 04-276165)

Fee Establishment Bylaw No. 7889

(RCMP Service Recovery Fees)

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7904
(8551 No. 1 Road, RZ 04-288055)

Richmond Heritage Commission Bylaw No. 7906

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 7909
(10720/10740 Rosebrook Road, RZ 04-276056)

Vehicle for Hire Bylaw No. 6900, Amendment Bylaw No. 7924
(To authorize amendments relating to the towing of vehicles.)

Municipal Ticket Information Authorization Bylaw No. 7321, Amendment Bylaw No. 7925

Development Application Fees Bylaw No. 7276, Amendment Bylaw No. 7929

(Establishes the City’s notification process for Liquor-Related Licences.)

Officer and General Manager Bylaw No. 7407, Amendment Bylaw No. 7937
(To amend the use of the term “City Clerk” throughout the bylaw, and to add the definition for “Director, City Clerk’s Office.)

5 Year Financial Plan (2005 to 2009) Bylaw No. 7939

Annual Property Tax Rates Bylaw No. 7940.

CARRIED

DEVELOPMENT PERMIT PANEL

R05/9-27

19.

It was moved and seconded

(1)

That the minutes for the Development Permit Panel meeting held on Wednesday, April 27th, 2005, and the Chair’s report for the meetings held on October 13^th, 2004, on December 15^th, 2004, and on April 27^th, 2005, be received for information.

(2)

That the recommendations of the Panel to authorize the issuance of :

(a)

a Development Variance Permit for property at 8880/8890 Beckwith Road (DV 04-287918); and

(b)

Development Permits for the properties at:

(i)

7820 Ash Street (DP 04-275641); and

(ii)

9308 Keefer Avenue (formerly 7751, 7771, and 7791 Ash Street),

be endorsed, and the Permits so issued.

CARRIED

ADJOURNMENT

R05/9-28

It was moved and seconded

That the meeting adjourn (9:03 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 9^th, 2005.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)