January 28, 2013 - Minutes

Time:

7:00 p.m.

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Evelina Halsey-Brandt
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Corporate Officer – David Weber

Absent:

Councillor Linda Barnes

Councillor Ken Johnston

Call to Order:

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

RES NO.

ITEM

MINUTES

R13/2-1

1.

It was moved and seconded

That:

(1)

the minutes of the Regular Council Meeting held on Monday, January 14, 2013,

(2)

the minutes of the Regular Council Meeting for Public Hearings held on Monday, January 21, 2013, and

each be adopted as circulated.

CARRIED

PRESENTATION

With the aid of a PowerPoint presentation (on file City Clerk’s Office), Keith Liedtke, Chair of the Board of Directors, accompanied by Suzanne Haines, General Manager, Gateway Theatre, presented the 2011-2012 Annual Report.  During his presentation, Mr. Liedtke spoke about:

·       

the success of the Main Stage and Studio series productions, including various nominations for Jessie Awards; 

·       

the Gateway Academy which provides acting, musical theatre, and voice training for youth;

·       

facility rentals for performances, filming, meetings, and funerals.  It was noted that the total attendance for all uses in 2011-2012 was 46,331; and

·       

Gateway Theatre’s dedicated Volunteer Program, which is comprised of 125 volunteers, with a total donation of 11,130 volunteer hours, and value of service which equalled $114,082.    

Upon conclusion, Mr. Leidtke, expressed appreciation and thanked the City of Richmond, and the Gateway Theatre’s various sponsors and donors for their continued support.

COMMITTEE OF THE WHOLE

R13/2-2

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:15 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items:

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Randy Galawan, Richmond resident, recited a portion of the Agricultural Land Commission (ALC) Act, and spoke about how the City may be able to impose additional restrictions beyond the existing Agricultural Land Reserve (ALR) requirements for farm-use applications. 

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Jim Wright, President, Garden City Conservation Society, spoke in support of the proposed recommendation regarding soil removal and deposit, and read from his submission which is attached as Schedule 1 and forms part of these minutes.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Joe Davis, Hydro Geologist, made comments about how certain fill materials may contaminate soil, and stated specific concerns related to both cement and asphalt which included the existence of chromium, lead and zinc.  He also spoke about the costly expense of removing such materials from a site.     

Staff was directed by Council to request the ALC to test the soil and fill material at 9360 Finn Road.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Joe Oeser, Richmond resident, read from his submission, and spoke about the right to farm, and the proposed nursery operation for 9360 Finn Road, including it’s requirement for road construction.  A copy of Mr. Oeser’s submission is attached as Schedule 2, and forms part of these minutes.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Kimi Hendez, local farmer, stated that she supported the City of Richmond in drafting the strongest possible bylaw to locally control activities related to the deposit of fill.  Ms. Hendez also expressed concerns about: (i) ALR properties with deposit fill from unknown sources, and materials that could contaminate soil; (ii) the ALC Act.  She stated that the Act has many loop holes, and was crafted years ago, when materials used for fill were different; (iii) the ALC’s solution to further grind the asphalt at 9360 Finn Road, as asphalt should not be used on farmland; and (vi) the ALC’s inspection and enforcement process.

In conclusion, Ms. Hendez made reference to the soil bylaws in Surrey, Langley and Delta, and suggested that the City of Richmond adopt a similar bylaw.  

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Bill McKinney, local resident, owner of a heavy construction business and mining exploration business, spoke about restrictions that companies in the industry are placing on the use of recycled concrete and asphalt products because of the related pollutants.  He also expressed concerns about how the ALC has dealt with the matter at 9360 Finn Road, and shared his views about how the fill on the site was unnecessary.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Ray Galawan, local farmer, circulated photos illustrating the fill that has been deposited on the property at 9360 Finn Road. Mr. Galawan stated that the fill activities commenced on December 27, 2012, and thus far over 2000 tonnes of concrete have been deposited.  Mr. Galawan’s submission is attached as Schedule 3 and forms part of these minutes.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Art Bonkey, local resident, stated that in addition to the City of Richmond drafting a bylaw to deal with soil removal and deposit activities on agricultural land, a submission should be made to the provincial government to deal with the matter as this shouldn’t be a local government responsibility.  He also stated that he was in support of not limiting farmers in their practices as long as they are justified, and encouraged City Council to use the full capacity of its power it at the municipal level regarding the matter. 

The delegation also commented on the potential costs to remediate this and other sites that are subject to similar practices.   

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Anne Learner, local resident, stated that the proponents for 9360 Finn Road are not required by the ALC to remove the fill, rather to relocate it to another section of the property.  Ms. Learner thanked the farmers and residents who brought the matter to the public’s attention, and commented on the quote “land is the new oil”.  Ms. Learner’s submission is attached as Schedule 4 and forms part of these minutes.

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Karen Hallbrook, Richmond resident, expressed concerns about how continuing to allow the materials used as fill at 9360 Finn Road will impact the farm ability of the land.  She stated that it is not possible to use farm machinery on land with concrete, and that allowing such fill materials on farm land in Richmond was disheartening and outrageous.  The delegation also inquired about the Soil Watch Program.

In response to the delegation, staff spoke about the signage that has been created in relation to the Soil Watch Program, and noted that a phone number has been designated to the Program.  Staff also stated that they will continue to collaborate with the ALC, and that since the City does not have sufficient bylaw officers to respond to related calls at this time, the City cannot assume responsibility without additional resources being put in place.  

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Nita and Dave Sandhu, representing the applicant, advised that due to illness, Bill Jones was unable to attend the meeting. Mr. Sandhu indicated that Mr. Jones was well known in the agricultural community and spoke in detail regarding the necessity for and the construction of the proposed roadways for 9360 Finn Road. He stated that the applicants were compliant in their choice of fill material, as these were permitted under the ALC’s regulations.  He further indicated the applicants’ willingness to work within the ALC’s regulatory framework.

Mr. Sandhu commented that concerns related to the fill activities on the property were not expressed directly to the applicants by those opposed, and expressed concerns related to comments from previous speakers, including information about the environmental impact of asphalt, as well as the activities that have taken place by protesters who had blockaded 9360 Finn Road. 

Mr. Sandhu described in detail the process and the steps taken in order to clear the access to the property.  In conclusion, Mr. Sandhu confirmed that they are complying with all the terms as outlined by the ALC.   

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Jean Massot, local farmer, expressed concerns related to farmland covered in fill along Westminster Highway, and stated that although he was in touch with the City and the ALC regarding the matter, the fill has not been removed.  He also expressed his frustration about how the fill has resulted in flooding, and indicated that he has used sand as fill on his own land.  

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land and Item No. 9 - Referral Report on Drive-Throughs in Richmond’s Zoning Bylaw and Application by Everbe Holdings Ltd. for Agricultural Land Reserve Exclusion, Official Community Plan Amendment And Rezoning At 11120 And 11200 No. 5 Road from Agriculture (AG1) to Community Commercial (CC)

Michael Wolfe, 9731 Odlin Road, stated his belief that drive-throughs in Richmond should be reviewed and restricted, and that the properties at 11120 and 11200 No. 5 Road should remain in the ALR, and the exclusion should not be authorized.

In speaking to Item No. 8, Mr. Wolfe responded to various parts of the proposed recommendation as follows:  

Part (1)

spoke in support, and suggested that wording such as “potential farm-use” or “existing ALR” or “existing agricultural land” be used;  

Part (2)

suggested that the City host provincial ministers, local MLA’s and Council members of municipalities with similar bylaws;

Part (3)

charge fees for soil removal, while waiving the fees if the soil is being moved between ALR properties for enhancement, and charging high fees if the soil is leaving Richmond.  Mr. Wolfe stressed the need to document the movement of soil in Richmond; 

Part (4)

suggested calling the Soil Watch Program, the “Farm Watch Program”; and

Part (5)

in light of the ALC’s need for financial assistance, suggested that Richmond invest more than $12,000 on the Soil Watch Program, and hire enforcement staff. 

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Timothy Jung, property owner of 9360 Finn Road, stated that his current tenants had not done anything illegal.  Mr. Jung also spoke of how the activities of his past tenants who had been using the property for commercial truck parking, which is illegal, had never been enforced, and questioned the rationale of creating more regulations which are not enforced. Mr. Jung also expressed that he had had difficulties and had failed in communicating constructively with the farmers who had blockaded the property at 9360 Finn Road.   

Item No. 8 – Regulation of Soil Removal and Deposit Activities on Agricultural Land

Roland Hoegler, 6560 No. 4 Road, expressed his opinion that owners of ALR property are having their rights taken away, and suggested that there is a “mob” mentality to those who have expressed their opposition to the fill activities that have taken place at 9360 Finn Road.  Mr. Hoegler also stated that there were a lot of people who would back the rights of the ALR property owners, and asked how the protesters that had been at 9360 Finn Road would feel about people showing up at their properties with picket signs.

R13/2-3

4.

It was moved and seconded

That Committee rise and report (9:01 p.m.).

CARRIED

CONSENT AGENDA

R13/2-4

5.

It was moved and seconded

That Items 6 through 14 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the Community Safety Committee meeting held on Tuesday, January 15, 2013;

(2)

the General Purposes Committee meeting held on Monday, January 21, 2013;

(3)

the Planning Committee meeting held on Tuesday, January 22, 2013;

(4)

the Public Works & Transportation Committee meeting held on Wednesday, January 23, 2013;

be received for information.

ADOPTED ON CONSENT

7.

X Forsaken: The Report of the Missing Women Commission of Inquiry X
(File Ref. No. 09-5350-01, XR: 09-5350-08-01) (REDMS No. 3736901 v.4)

That:

(1)

the City work collaboratively and constructively with the Honourable Steven Point’s advisory committee (the “Advisory Committee”) on the safety and security of vulnerable women tasked with providing community-based guidance on the recommendations and two additional proposals contained in the report entitled, Forsaken: The Report of the Missing Women Commission of Inquiry (the “Report”);

(2)

if the Advisory Committee is not working on regional policing, that the Province be requested to act on Recommendation 9.2 of the Report by establishing an independent expert committee to develop a proposed model and implementation plan for a Greater Vancouver police force;

(3)

staff report back to the Community Safety Committee on the Province’s progress in acting on Recommendation 9.2 of the Report (establishing an independent expert committee to develop a proposed model and implementation plan for a Greater Vancouver police force); and

(4)

in addition to the referral made at the November 14, 2012 Community Safety Committee meeting, staff be asked to arrange meetings with representatives of regional policing, including Chairs of police boards and representatives of police, from parties interested in regional policing, including Abbotsford and MLA Kash Heed.

ADOPTED ON CONSENT

8.

 Regulation of Soil Removal and Deposit Activities on Agricultural Land
(File Ref. No.:  12-8060-20-8992, 12-8060-12-01) (REDMS No.3780836, 3785519)

(1)

That staff be directed to prepare a bylaw amendment to Soil Removal and Fill Deposit Regulation Bylaw No. 8094 to provide that soil deposit and removal activities relating to existing “farm use” in the Agricultural Land Reserve will require a permit from the City and request that the ALC act on this commencing immediately;

(2)

That, following first, second and third reading of the above bylaw amendment, the bylaw be forwarded to the responsible Provincial ministries for approval;

(3)

That staff be directed to report back on the options and implications for charging fees for soil removal and deposit activities in the Agricultural Land Reserve;

(4)

That an education and “Soil Watch” program, as outlined in the staff report dated January 16, 2013 titled “Regulation of Soil Removal and Deposit Activities on Agricultural Land” from the City Solicitor, be implemented;

(5)

That staff be directed to review the authority and process for the Agricultural Land Commission to delegate to the City decision-making and enforcement relating to non-farm uses of land within the Agricultural Land Reserve, and in particular, in relation to soil deposit and removal activities;

(6)

That staff be directed to review the authority and process for the Agricultural Land Commission to delegate to the City decision-making and enforcement relating to farm uses of land within the Agricultural Land Reserve and seek appropriate legislative changes;

(7)

That staff be directed to review, and dispute if necessary, the rulings and discussions from time to time in relation to the Finn Road property, and report back through Committee;

(8)

That the Agricultural Advisory Committee (AAC) be advised of this resolution; and

(9)

That copies of this resolution be forwarded to the Premier, the local MLAs, and the Leader of the Official Opposition.

ADOPTED ON CONSENT

Regulation of Soil Removal and Deposit Activities on Agricultural Land

That the Soil Removal and Fill Deposit Regulation Bylaw No. 8094, Amendment Bylaw No. 8992, be introduced and given first, second and third readings.

ADOPTED ON CONSENT

9.

REFERRAL REPORT ON DRIVE-THROUGHS IN RICHMOND’S ZONING BYLAW AND APPLICATION BY EVERBE HOLDINGS LTD. FOR AGRICULTURAL LAND RESERVE EXCLUSION, OFFICIAL COMMUNITY PLAN AMENDMENT AND REZONING AT 11120 AND 11200 NO. 5 ROAD FROM AGRICULTURE (AG1) TO COMMUNITY COMMERCIAL (CC)

(File Ref. No. 12-8060-20-8988/8989, RZ 10-556878, AG 10- XR: 55690, XR: 08-4430-03-01) (REDMS No. 3736284, 3743205, 3743083)

(1)

That Option 2 (in the report dated January 8, 2013 from the Director of Development), which recommends that no further review of restricting drive-throughs in Richmond’s Zoning Bylaw 8500 for new developments, be approved;

(2)

That authorization for Everbe Holdings Ltd. to apply to the Agricultural Land Commission to exclude 11120 and 11200 No. 5 Road from the Agricultural Land Reserve be granted;

(3)

That Official Community Plan Amendment Bylaw No. 8988, to re-designate 11120 and 11200 No. 5 Road from “Mixed Employment” to “Commercial” in the 2041 Official Community Plan Land Use Map to Schedule 1 of Official Community Plan Bylaw 9000 and to amend the Development Permit Area Map in Schedule 2.8A (Ironwood Sub-Area Plan) of Official Community Plan Bylaw 7100, be introduced and given first reading;

(4)

That Bylaw 8988, having been considered 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;

(5)

That Bylaw 8988, having been considered in accordance with the City Policy on Consultation During Official Community Plan development is hereby deemed not to require further consultation; and

(6)

That Bylaw 8989, for the rezoning of 11120 and 11200 No. 5 Road from “Agriculture (AG1)” to “Community Commercial (CC)”, be introduced and given first reading.

ADOPTED ON CONSENT

10.

Application by Cressey (Gilbert) Development LLP for Rezoning at 5640 Hollybridge Way from Industrial Business Park (IB1) to Residential/Limited Commercial (RCL3): Follow-Up on Revised Affordable Housing Provisions

(File Ref. No. 12-8060-20-8957, RZ 12-602449) (REDMS No. 3741616, 3699352, 3741023, 3699353, 3699346, 3699347, 3659634)

That Bylaw 8957 to rezone 5640 Hollybridge Way from “Industrial Business Park (IB1)” to “Residential / Limited Commercial (RCL3)” be introduced and given first reading.

ADOPTED ON CONSENT

11.

waterworks and water rates bylaw amendment

(File Ref. No. 10-6060-00; 12-8060-20-5637/8909) (REDMS No. 3654517, 3732676)

That Waterworks and Water Rates Bylaw No. 5637, Amendment Bylaw No. 8909 be introduced and given first, second and third readings.

ADOPTED ON CONSENT

12.

Greater Vancouver Regional District Bylaw to Repeal the Mosquito Control Administration and Coordination Service (Bylaw No. 1179, 2012)

(File Ref. No. XR:10-6125-04-14, 01-0157-01) (REDMS No. 3742450)

The City of Richmond consents to the repeal of the Greater Vancouver Regional District Mosquito Control Administration and Coordination Service Establishment Bylaw No. 1034, 2005 and consents to the adoption of the Greater Vancouver Regional District Bylaw to Repeal the Mosquito Control Administration and Coordination Service (Bylaw No. 1179, 2012).

ADOPTED ON CONSENT

13.

STEVESTON VILLAGE PARKING STRATEGY – REPORT BACK ON TRIAL IMPLEMENTATION (JUNE-SEPTEMBER 2012)

(File Ref. No. 10-6455-01/2012, XR:08-4060-05-02) (REDMS No. 3706046)

That the following proposed measures to improve City management of free on- and off-street public parking in the Steveston Village area, as described in the staff report dated January 9, 2013 from the Director, Transportation, be endorsed:

(1)

Community Bylaws provide regular patrols of the Village area as part of city-wide activities;

(2)

the time limit for free public parking spaces be increased from two to three hours;

(3)

operation of the lanes revert back to the status quo that was in effect prior to the trial; and

(4)

parking-related signage and pavement markings be improved prior to the start of the peak summer period in 2013.

ADOPTED ON CONSENT

14.

METRO VANCOUVER BOARD REQUEST – PROJECTS ELIGIBLE FOR FEDERAL STRATEGIC PRIORITIES FUND

(File Ref. No. 01-0157-00) (REDMS No. 3718056)

That a letter be sent to all Richmond Members of Parliament, with a copy to the Metro Vancouver Board, seeking the designation of cycling infrastructure as an eligible project under the federal Strategic Priorities Fund.

ADOPTED ON CONSENT

BYLAWS FOR ADOPTION

R13/2-5

It was moved and seconded

That the following bylaws be adopted:

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 8477
(8511 and 8531/8533 Williams Road, RZ 08-414049)

Richmond Official Community Plan Bylaw 7100, Amendment Bylaw No. 8838 (8800, 8820, 8840, 8880, 8900, 8920, 8940 and 8960 Patterson Road and 3240, 3260, 3280, 3320 and 3340 Sexsmith Road, RZ 06-349722)

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 8840 (8800, 8820, 8840, 8880, 8900, 8920, 8940 and 8960 Patterson Road and 3240, 3260, 3280, 3320 and 3340 Sexsmith Road, RZ 06-349722)

Housing Agreement (8800, 8820, 8840, 8880, 8900, 8920, 8940 and 8960 Patterson Road and 3240, 3260, 3280, 3320 and 3340 Sexsmith Road) Bylaw No. 8984

Housing Agreement (8800, 8820, 8840, 8880, 8900, 8920, 8940 and 8960 Patterson Road and 3240, 3260, 3280, 3320 and 3340 Sexsmith Road) ARTS Units Bylaw No. 8985

CARRIED

DEVELOPMENT PERMIT PANEL

R13/2-6

15.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meeting held on Wednesday, January 16, 2013, and the Chair’s report for the Development Permit Panel meetings held on April 25, 2012, and January 16, 2013, be received for information; and

(2)

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

(a)

a Development Permit (DP 12-626299) for the property at 10780 Cambie Road;

(b)

a Development Variance Permit (DV 11-565153) for the property at 16300 River Road; and

(c)

a Development Permit (DP 09-466065) for the property at 8531 Williams Road (formerly 8511 and 8531/8533 Williams Road).

be endorsed, and the Permits so issued.

CARRIED

ADJOURNMENT

R13/2-7

It was moved and seconded

That the meeting adjourn (9:48 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, January 28, 2013.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)