June 22, 2015 - Minutes (Special)

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Corporate Officer – David Weber

Absent:

Councillor Ken Johnston

Call to Order:

Mayor Brodie called the meeting to order at 4:00 p.m.

RES NO.

ITEM

RICHMOND OLYMPIC OVAL CORPORATION

1.

UNANIMOUS CONSENT RESOLUTIONS OF THE SHAREHOLDER OF RICHMOND OLYMPIC OVAL CORPORATION
(File Ref. No.: 01-0060-20-ROVA1, Xr: 03-1200-09) (REDMS No. 4604056)

SP15/3-1

It was moved and seconded

RESOLVED THAT:

(1)

the Shareholder acknowledges and confirms the previous receipt of financial statement of the Company for the period from January 1, 2014 to December 31, 2014, together with the auditor’s report on such financial statements, which financial statements were approved by the company’s board of directors on April 28, 2015 and presented to the Shareholder at the Finance Committee meeting of Richmond City Council on May 4, 2015;

(2)

the Shareholder acknowledges that the following directors are currently serving a 2 year term and will continue to serve as directors for the coming year:

Name

Linda Sanderson

Umendra Mital

Victor John Farmer

(3)

in accordance with Article 14.1 of the Company’s Articles, the following persons, each of whom has consented in writing to act as director, are hereby elected as directors of the Company, to hold office for the term ending immediately prior to the election or appointment of directors at the annual general meeting of the Company held in the year set out opposite their name below:

Name

Term

Edward Michael O’Brien

2017

Dennis Skulsky

2017

George Duncan

2017

Moray Keith

2017

(4)

KPMG LLP be appointed as auditors of the company until the next annual reference date of the Company or until a successor is appointed, at a remuneration to be fixed by the directors;

(5)

the 2014 Annual Report of the Company is hereby received; and

(6)

June 22, 2015 be and is hereby selected as the annual reference date for the Company for its current annual reference period.

CARRIED

LULU ISLAND ENERGY COMPANY LTD.

2.

UNANIMOUS CONSENT RESOLUTIONS OF THE SHAREHOLDER OF lulu island energy company ltd.
(File Ref. No.: 01-0060-20-LIEC1, Xr: 03-1200-08) (REDMS No. 4572574, 4572609, 4572666, 4573391, 4572696)

SP15/3-2

It was moved and seconded

RESOLVED THAT:

(1)

the financial statements of the Company for the period ended December 31, 2014, and the report of the auditors thereon, are hereby approved;

(2)

all lawful acts, contracts, proceedings, appointments and payments of money by the directors of the Company since the last annual reference date of the Company, and which have previously been disclosed to the shareholder, are hereby adopted, ratified and confirmed;

(3)

the number of directors of the Company is hereby fixed at 5;

(4)

the following persons, each of whom has consented in writing to act as a director, are hereby elected as directors of the Company, to hold office until the next annual general meeting of the Company or unanimous resolutions consented to in lieu of holding an annual general meeting, or until their successors are appointed:

Cecilia Maria Achiam

Jerry Ming Chong

George Duncan

Robert Gonzalez

John David Irving

(5)

KPMG LLP be appointed as auditors of the Company until the next annual reference date of the Company or until a successor is appointed, at a remuneration to be fixed by the directors;

(6)

April 30, 2015 is hereby selected as the annual reference date for the Company for its current annual reference period; and

(7)

as special resolutions, subject to the Company’s receipt of the written consent of the Inspector of Municipalities as required under Article 9.5 of the Articles of the Company:

(a)

the Articles of the Company be amended by deleting Article 11.3 and substituting therefor the following as a new Article 11.3:

“11.3    Preparation and disclosure of financial statements

The Company’s fiscal year end will be December 31 and the Company will appoint an auditor and have audited financial statements prepared as at each fiscal year end.  The Company will present, annually at an open meeting of the City of Richmond council, the financial statements of the Company, including the report of the Company’s auditor on those financial statements, as presented to the annual general meeting of the Company, within 150 days of the Company’s fiscal year end.  The Company will also hold an annual information meeting open to the public, at which the Company will present, or make available for inspection, the audited financial statements for the previous fiscal year.”

(b)

the above-described alterations made to the Company's Articles shall take effect upon deposit of this resolution at the Company's records office.

CARRIED

FINANCE AND CORPORATE SERVICES DIVISION

3.

Business Licence Refusal Reconsideration
(File Ref. No. 12-8275-20-2015000237) (REDMS No., 4550090, 4540623, 3991455, 4029661, 4029713)

Glenn McLaughlin, Chief Licence Inspector and Risk Manager, advised that section 60 of the Community Charter permits staff to refuse a business licence, while allowing the applicant to appeal such decision before Council. 

Mr. McLaughlin referenced Business Licence Bylaw No. 7360 and stated that staff’s decision to refuse a business licence to 0806352 B.C. Ltd. to relocate its business licence to Unit 110 – 4020 Bayview Street was on the basis that a restaurant is not a permitted use under the current zoning of the proposed property.  He stated that the current zoning of the proposed property is Steveston Maritime Mixed Use (ZMU12) and a restaurant is not a permitted use in this zone.  Therefore, Mr. McLaughlin requested that Council uphold staff’s decision to refuse the application from 0806352 B.C. Ltd. to relocate its Food Service Establishment business licence to Unit 110 – 4020 Bayview Street.

In reply to queries from Council, Joe Erceg, General Manager, Planning and Development, advised that staff anticipate bringing forward the application by Onni Development (Imperial Landing) Corp. to rezone the property in approximately three months as discussions are ongoing with regard to amenity contributions.  Also, Mr. McLaughlin advised that individual applications would be reviewed for compliance with the ZMU12 zone; however, a restaurant does not comply with said zone.

Shane Dagan, Owner, 0806352 B.C. Ltd., distributed materials and read from his submission (attached to and forming part of these minutes as Schedule 1).  He highlighted that the ZMU12 zone permits “maritime” use, which is defined as “uses which are part of the maritime economy, with an emphasis on uses which support primarily the commercial fishing fleet.”  Mr. Dagan stated that although the Steveston Seafood House is a restaurant and does not exclusively deal in seafood, it does primarily purchase and resell seafood.  He remarked that in 2013/2014, approximately 70% of the restaurant’s direct food sales were seafood.

Mr. Dagan was of the opinion that the Steveston Seafood House’s operations fall under the “Other services related to Maritime Uses” as defined under “Maritime Mixed Use” in Official Community Plan Bylaw No. 9000, as the Steveston Seafood House primarily supports the commercial fishing fleet.

Also, Mr. Dagan believed that the absence of restaurant as a permitted use in the ZMU12 zone did not necessarily mean that it is not a permitted use; instead, he argued that in order to prohibit restaurant use in this zone, the City would have to expressly do so.

Mr. Dagan then remarked that he does not believe that restaurants in general should be permitted in the ZMU12 zone, or any business with marginal affiliation with the maritime industry; instead, he requested that the application by the Steveston Seafood House be considered as a standalone application.

In reply to queries from Council, Mr. Dagan advised that he was open to examining other areas of business in an effort to better comply with permitted uses of the ZMU12 zone.  With regard to the potential to change the Steveston Seafood House’s menu, Mr. Dagan stated that his business licence would comply with the City’s regulations as it relates to permitted uses.  Also, he stated that he is interested in relocating this business as the lease at its current location is up for renewal in the upcoming months.

In reply to queries from Council, Mr. Erceg advised that should the Steveston Seafood House’s appeal to relocate its business to the proposed site be successful, the forthcoming amenity contribution from Onni Development (Imperial Landing) Corp. could be negatively affected as the area occupied by the restaurant would no longer require rezoning.  Also, Mr. McLaughlin advised that the City’s bylaws do not specifically define “seafood restaurant.”

SP15/3-3

It was moved and seconded

That the decision to refuse the application from 0806352 B.C. Ltd. to relocate its Food Service Establishment business licence to Unit 110-4020 Bayview Street be upheld.

CARRIED

ADJOURNMENT

SP15/3-4

It was moved and seconded

That the meeting adjourn (4:21 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Special meeting of the Council of the City of Richmond held on Monday, June 22, 2015.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)