April 12, 2010 - Minutes


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City of Richmond Meeting Minutes

Regular Council Meeting

 

Monday, April 12, 2010

 


 

Time:

7:00 p.m.

Place:

Council Chambers

Richmond City Hall

Present:

Mayor Malcolm D. Brodie

Councillor Linda Barnes

Councillor Evelina Halsey-Brandt

Councillor Greg Halsey-Brandt

Councillor Sue Halsey-Brandt

Councillor Ken Johnston

Councillor Bill McNulty

Councillor Harold Steves

 

Director, City Clerk’s Office – David Weber

Absent:

Councillor Derek Dang

Call to Order:

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

 

RES NO.

ITEM

 

 

 

 

MINUTES

 

R10/6-1

1.

It was moved and seconded

 

 

That:

 

 

(1)

the minutes of the Regular Council Meeting held on Monday, March 22, 2010; and

 

 

 

(2)

the minutes of the Special Council Meeting held on Tuesday, April 6, 2010

 

 

 

each be adopted as circulated.

 

 

CARRIED

 

 

 

AGENDA ADDITIONS

 

R10/6-2

 

It was moved and seconded

 

 

That  Road Closure and Removal of Road Dedication Bylaw 8565 (Portion of 3rd Avenue at Richmond Street) and Bylaw 8569 (Portion of 5th Avenue at Richmond Street)” and “Road Closure and Sale of a Portion of 1st Avenue between Steveston Highway and Hunt Street - Bylaw 8592” be added to the Council Agenda as Items No. 12A and 12B.

 

 

CARRIED

 

 

 

PRESENTATION

 

 

 

With the help of a PowerPoint presentation (copy on file, City Clerk’s Office), Vince Miele, Chair of the Richmond Centre for Disability (RCD) and Frances Clark, founder and Board Secretary of RCD, spoke of the RCD’s services and its growth over the past 25 years.

 

 

Ms. Clark then thanked City Council and staff for all their work in helping the RCD achieve its goals and together with Mr. Miele, presented a plaque to Mayor Brodie in recognition and celebration of the 25 year partnership between RCD and the City.

 

 

 

COMMITTEE OF THE WHOLE

 

R10/6-3

2.

It was moved and seconded

 

 

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:41 p.m.).

 

 

CARRIED

 

 

3.

Delegations from the floor on Agenda items – None.

 

R10/6-4

4.

It was moved and seconded

 

 

That Committee rise and report (7:42 p.m.).

 

 

CARRIED

 

 

 

CONSENT AGENDA

 

R10/6-5

5.

It was moved and seconded

 

 

That Items 6 through 12 be adopted by general consent.

 

 

CARRIED

 

 

6.

COMMITTEE MINUTES

 

 

 

That the minutes of:

 

 

(1)

the Finance Committee meeting held on Tuesday, April 6, 2010;

 

 

(2)

the General Purposes Committee meeting held on Tuesday, April 6, 2010;

 

 

(3)

the Parks, Recreation & Cultural Services Committee meeting held on Tuesday, March 23, 2010;

 

 

(4)

the Planning Committee meeting held on Wednesday, April 7, 2010;

 

 

be received for information.

 

 

ADOPTED ON CONSENT

 

 

7.

Solar Community Application

(File Ref. No.: 0060-20-BCSE1, 6125-05-01) (REDMS No. 2873040)

 

 

(1)

That a letter from the Mayor, outlining the City of Richmond’s intent to become a Solar Community, be sent to the SolarBC Program (SolarBC) in support of the City’s application to be selected as a new BC Solar Community; and

 

 

(2)

That a copy of the Solar Community Application Form be forwarded to Richmond School District No. 38 for information.

 

 

ADOPTED ON CONSENT

 

 

8.

Community Garden Administration

(File Ref. No.:  11-7375-00/Vol 01, 7200-20-CGAR1) (REDMS No. 2793361v5)

 

 

That:

 

 

(1)

the City enter into an agreement with the Richmond Food Security Society for the administration of community gardens that have been designated by the City on lands owned or controlled by the City on the terms and conditions set out in the attached report;

 

 

(2)

the Chief Administrative Officer and the General Manager, Parks and Recreation be authorized to execute the agreement on behalf of the City; and

 

 

(3)

Council approve one time funding of $15,000 to be funded from Council contingency   in order for the Richmond Food Security Society to provide educational outreach, community garden enhancements and other community garden related programming in Richmond in 2010 – 2011.

 

 

ADOPTED ON CONSENT

 

 

9.

SONUS DEVELOPMENTS FERNDALE LTD. HAS APPLIED TO THE CITY OF RICHMOND FOR PERMISSION TO REZONE 9611 FERNDALE ROAD FROM SINGLE DETACHED (RS1/F) TO TOWN HOUSING (ZT58) – NORTH MCLENNAN (CITY CENTRE) IN ORDER TO DEVELOP A 40 UNIT TOWNHOUSE DEVELOPMENT IN CONJUNCTION WITH 9560 AND 9620 WESTMINSTER HWY AND 9571 FERNDALE ROAD

(File Ref. No.: 12-8060-20-8587, RZ 09-483465) (REDMS No. 2819169, 2821386)

 

 

That Bylaw No. 8587 for the rezoning of 9611 Ferndale Road from “Residential – Single Detached (RS1/F)” to “Town Housing (ZT58) – North McLennan (City Centre)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

10.

APPLICATION BY AJIT THALIWAL AND RAJ UPPAL FOR REZONING AT 9531 NO. 1 ROAD FROM SINGLE DETACHED (RS1/E) TO COMPACT SINGLE DETACHED (RC2)(File Ref. No.: 12-8060-20-8593, RZ 09-499790) (REDMS No. 2852358, 2853126)

 

 

That Bylaw No. 8593, for the rezoning of 9531 No. 1 Road from “Single Detached (RS1/E)” to “Compact Single Detached (RC2)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

11.

APPLICATION BY PETER WALIA FOR REZONING AT 10140 RUSKIN ROAD FROM SINGLE DETACHED (RS1/B) AND SINGLE DETACHED (RS1/E) TO SINGLE DETACHED (RS2/B)

(File Ref. No.:  12-8060-20-8594, RZ 09-499265) (REDMS No. 2855701, 2859044)

 

 

That Bylaw No. 8594, for the rezoning of 10140 Ruskin Road from “Single Detached (RS1/B)” and “Single Detached (RS1/E)” to “Single Detached (RS2/B)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

12.

HOUSING AGREEMENT BYLAW NO. 8539 TO PERMIT THE CITY TO ENTER INTO A HOUSING AGREEMENT TO SECURE AFFORDABLE HOUSING UNITS - 9371 & 9411 ALEXANDRA ROAD

(File Ref. No.:  06-2280-30-021/Vol 01, 12-8060-20-8539/8494, RZ 08-410760) (REDMS No. 2859655, 2859713, 2756262)

 

 

That Bylaw No. 8539 be introduced and given first, second and third readings to permit the City, once Bylaw No. 8539 is adopted, to enter into a Housing Agreement substantially in the form attached hereto, in accordance with the requirements of a s. 905 of the Local Government Act to secure the Affordable Housing Units required by Rezoning application 08-410760 and the associated Bylaw No. 8494.

 

 

ADOPTED ON CONSENT

 

*****************************

 

 

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

*****************************

 

 

 

REGULAR (CLOSED) COUNCIL

 

 

12A.

Road Closure and Removal of Road Dedication Bylaw 8565 (Portion of 3rd Avenue at Richmond Street) and Bylaw 8569 (Portion of 5th Avenue at Richmond Street)

(File Ref. No.:  12-8060-20-8565/8569, 06-2290-20-114/115) (REDMS No. 2796789)

R10/6-5

 

It was moved and seconded

 

 

That:

 

 

(1)

Road Closure and Removal of Road Dedication Bylaw 8565 be introduced and given 1st, 2nd and 3rd readings;

 

 

(2)

Road Closure and Removal of Road Dedication Bylaw 8569 be introduced and given 1st, 2nd and 3rd readings;

 

 

(3)

the required notice of road closure for Bylaw 8565 and Bylaw 8569 be advertised prior to final adoption; and

 

 

(4)

staff be authorized to file a certifying statement by the Corporate Officer at the Land Title Office cancelling the right of resumption for each road closure area pursuant to the Resumption of Highways Regulation.

 

 

CARRIED

 

 

 

12B.

Road Closure and Sale of a Portion of 1st Avenue between Steveston Highway and Hunt Street - Bylaw 8592

(File Ref. No.:  12-8060-20-8592/Vol 01, 2290-20-109-103/Vol 01) (REDMS No. 2855674)

R10/6-6

 

It was moved and seconded

 

 

That:

 

 

(1)

That Road Closure and Removal of Road Dedication Bylaw 8592 be introduced and given 1st, 2nd, and 3rd reading;

 

 

(2)

That the required notice of road closure and disposition of the closed road be advertised prior to final adoption pursuant to the Community Charter;

 

 

(3)

That staff be authorized to take all necessary steps to raise title to the road closure area totalling ±763 m2 (±8,213 sq. ft.), and transfer it to G & B Estates Ltd., or its designate,  for $715,000 as detailed in the staff report dated March 15, 2010;

 

 

(4)

That staff be authorized to file a certifying statement executed by the Corporate Officer at the Land Title Office cancelling the right of resumption pursuant to the Resumption of Highways Regulation; and

 

 

(5)

That staff be authorized to take all necessary steps to complete all matters detailed herein including authorizing the Manager, Real Estate Services to negotiate and execute all documentation required to effect the transactions, including executing all required Land Title Office documentation.

 

 

CARRIED

 

 

 

GENERAL PURPOSES COMMITTEE –
Mayor Malcolm D. Brodie, Chair

 

 

13.

STAFF REFERRAL - J & B INVESTMENT LTD. DOING BUSINESS AS ZODIAC KARAOKE UNIT 155 - 8291 ALEXANDRA ROAD

(File Ref. No.: 12-8275-30-039) (REDMS No. 2858794, 2832786)

R10/6-7

 

It was moved and seconded

 

 

(1)

That the report from the Chief Licence Inspector dated March 16, 2010,  entitled Staff Referral - J & B Investment Ltd. doing business as Zodiac Karaoke Unit 155 - 8291 Alexandra Road be received for information;

 

 

(2)

That the application by J & B Investment Ltd., doing business as Zodiac Karaoke, for an amendment to increase the hours of liquor service under Liquor Primary License No. 162535 from Monday to Saturday 7:00 p.m. to 2:00 a.m. and Sunday 7:00 p.m. to Midnight to Monday to Sunday 7:00 p.m. to 2:00 a.m., be supported and that a letter be sent to the Liquor Control and Licensing Branch advising that:

 

 

 

(a)

Council recommends the amendment of the increase in liquor service hours as no negative comments have been received from the community and the increase will not have a significant impact on the community;

 

 

 

(b)

Council’s comments on the prescribed criteria (set out in section 53 of the Liquor Control and Licensing Regulations) are as follows:

 

 

 

 

(i)

The potential for additional noise and traffic in the area if the application is approved was considered;

 

 

 

 

(ii)

The impact on the community if the application is approved was assessed through a community consultation process and considered;

 

 

 

(c)

As the operation of a licensed establishment may affect nearby residents the City gathered the views of the residents as follows:

 

 

 

 

(i)

Property owners and businesses within a 100 metre radius of the subject property were contacted by letter detailing the application and provided instructions on how community comments or concerns could be submitted;

 

 

 

 

(ii)

In addition, signage was posted at the subject property and three public notices were published in a local newspaper. This signage and notice provided information on the application and instructions on how community comments or concerns could be submitted;

 

 

 

(d)

Council’s comments and recommendations respecting the views of the residents are as follows:

 

 

 

 

 

That based on the number of letters sent and the lack of response received from all public notifications, Council considers that the amendment is acceptable to the majority of the residents in the area and the community.

 

 

CARRIED

Opposed: Cllr. G. Halsey-Brandt

 

 

14.

Richmond Council Submission to the BC Local Government Elections Task Force

(File Ref. No.:  12-8125-01/2010-Vol 01) (REDMS No. 2843426)

R10/6-8

 

It was moved and seconded

 

 

(1)

That in response to the January 29, 2010 request for comments on specific election-related topics, the Local Government Elections Task Force be advised that Richmond City Council:

 

 

 

(a)

supports moving toward a four year election cycle for local government elections, provided that the time frame during which a council may decide that a by-election is not to be held is extended;

 

 

 

(b)

does not support the reinstatement of the corporate vote;

 

 

 

(c)

does not support the concept of election campaign expenses being reimbursed from public funding sources;

 

 

 

(d)

supports the implementation of a system of tax benefits for contributors to local government election campaigns, provided that the source of funding for such a system comes from provincial income taxes, as the funding from other taxation sources, such as property taxes, would be impractical as many voters are not property owners; however, if the source of funding cannot come from provincial income taxes, that no tax benefit system be implemented at all;

 

 

 

(e)

supports, in relation to the topic of third party advertising,

 

 

 

 

(i)

legislative changes that would require all election advertising to include a statement which identifies the sponsor of local election campaign ads, whether sponsored by a candidate, elector organization or by a third party;

 

 

 

 

(ii)

a change to the term “campaign organizer” to a more understandable term such as “third party advertiser;” and

 

 

 

 

(iii)

a province-wide public education campaign outlining the responsibilities and obligations of third party advertisers once they become active in local government elections; and

 

 

 

(f)

supports expanded election enforcement provisions, including new powers of investigation and enforcement, and that the provincial chief electoral officer be made responsible for exercising these new powers on behalf of the public in relation to local government elections;

 

 

 

(g)

supports the establishment of limits on election expenses / election campaign spending;

 

 

 

(h)

does not support the establishment of:

 

 

 

 

(i)

restrictions on who can contribute to election campaigns; and

 

 

 

 

(ii)

limits on the amount that can be contributed by any single source;

 

 

(2)

That the following election-related recommendations be submitted to the Local Government Elections Task Force for consideration:

 

 

 

(a)

That the Provincial Government address the legislated disparity and unequal treatment of independent candidates versus elector organization endorsed candidates with a view to establishing one set of rules for the disposition of surplus election campaign funds that would apply to all;

 

 

 

(b)

That electors be required to prove their identity and residential address by presenting identification prior to receiving a ballot at a local government election voting opportunity, provided that solemn declarations or “vouching” could be used to accommodate people of no fixed address or people who may not have adequate identification;

 

 

 

(c)

That the signature requirement for local government election advance elector registration be eliminated so that local governments may explore the implementation of on-line and phone-in municipal voter registration mechanisms;

 

 

 

(d)

That the Local Government Act provide for the possibility of voting by electronic means and establish the parameters and requirements for an electronic voting system;

 

 

 

(e)

That local governments be permitted to establish, by bylaw, whether the non-resident property elector registration process will be available at every voting place or whether it will be available only at the Election Office, provided that such registration opportunity is available at the Election Office during regular office hours, during all advance voting opportunities, and until the close of voting on General Voting Day;

 

 

 

(f)

That the apparent discrepancy in the reporting period for election expenses and contributions be addressed and clarified;

 

 

 

(g)

That the requirement to record in a campaign financial disclosure the names and addresses of two directors or principals of contributing numbered companies or unincorporated organizations be considered satisfied if the information is otherwise publicly available;

 

 

 

(h)

That campaign financial disclosures emphasize the net financial benefits flowing from fund-raisers, with the gross costs (expenses) and gross price of tickets sold (contributions) disclosed in a separate schedule which reports the overall net financial benefit of the fund-raiser as part of the main campaign financing disclosure document;

 

 

 

(i)

That the timing for the processing and receipt of mail-in ballots be reviewed with a view to possibly extending or otherwise providing a longer period of time for the receipt of mail-in ballots so that rigid timelines do not pose an undue restriction on the voting opportunity afforded to electors who are away from the municipality and who choose to vote by mail-in ballot;

 

 

 

(j)

That the period between the end of the nomination period and General Voting Day be shortened to 28 days;

 

 

 

(k)

That the City ask the Provincial government to streamline and clarify the requirements of disclosure documents that must be submitted annually under the Financial Disclosure Act (and that form part of the election nomination documents); and

 

 

 

(l)

That the campaign financing disclosure requirements regarding in-kind contributions be clarified.

 

 

(3)

That prior to the next election, staff bring forward options for a new oath of office.

 

 

The question on Resolution R10/6-8 was not called as discussion ensued and as a result, the following amendment motion was introduced:

R10/6-9

 

It was moved and seconded

 

 

That the following be added to Part 1 (g):

 

 

 

“provided that the disparity between individual candidates and elector organizations be addressed”.

 

 

CARRIED

 

 

Discussion further ensued and the following amendment motion was introduced:

R10/6-10

 

It was moved and seconded

 

 

That the following be added to Part 2 (j):

 

 

 

“provided that the period is increased under Part 2 (i)”.

 

 

DEFEATED ON A TIED VOTE

Cllrs: E. Halsey-Brandt

G. Halsey-Brandt

S. Halsey-Brandt

Steves

 

 

A request was made that Part 1 (h) be voted on separately.

 

 

The question on all of Resolution R10/6-8 excluding Part 1 (h), and as amended by Resolution R10/6-9 so that Part 1 (g) now reads as follows:

 

 

(1)

(g)

supports the establishment of limits on election expenses / election campaign spending, provided that the disparity between individual candidates and elector organizations be addressed;

 

 

was then called and it was CARRIED.

 

 

The question on Part 1 (h) of Resolution R10/6-8 was then called and it was CARRIED with Cllr. Steves opposed.

 

 

 

PUBLIC ANNOUNCEMENTS AND EVENTS

 

 

 

Wendy Gao, member of the Richmond Community Services Advisory Committee, was appointed as the organization representative to the Richmond Intercultural Advisory Committee for a terms to expire on December 31, 2011.

 

 

 

BYLAWS FOR ADOPTION

 

R10/6-11

 

It was moved and seconded

 

 

That the following bylaws be adopted:

 

 

Solid Waste & Recycling Bylaw 6803, Amendment Bylaw No. 8578

 

 

Official Community Plan Bylaw No. 7100, Amendment Bylaw No. 7783

(5171 Steveston Highway, RZ 04-278754)

 

 

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 8416 
(11440 Williams Road, RZ 07-397368)

 

 

Zoning & Development Bylaw No. 5300, Amendment Bylaw No. 8502

(9320, 9340, 9360, 9380 Granville Avenue and 7011, 7031, 7051 Ash Street, RZ 08-417993)

 

 

CARRIED

 

 

 

DEVELOPMENT PERMIT PANEL

 

R10/6-12

15.

It was moved and seconded

 

 

(1)

That the minutes of the Development Permit Panel meeting held on Wednesday, March 24, 2010, and the Chair’s report for the Development Permit Panel meetings held on November 25, 2009 be received for information; and

 

 

(2)

That the recommendation of the Panel to authorize the issuance of a Development Permit (DP 09-469909) for the property at 9320, 9340, 9360, 9380 Granville Avenue and 7011, 7031, 7051 Ash Street be endorsed, and the Permit so issued.

 

 

CARRIED

 

 

 

 

ADJOURNMENT

 

R10/6-13

 

It was moved and seconded

 

 

That the meeting adjourn (9:01 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, April 12, 2010.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)