October 23, 2017 - Minutes

Place:

Council Chambers
Richmond City Hall

Present:

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

Corporate Officer – David Weber

Call to Order:

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

RES NO.

ITEM

MINUTES

R17/18-1

1.

It was moved and seconded

(1)

That the minutes of the Regular Council meeting held on October 10, 2017, be adopted as circulated; and

(2)

That the minutes of the Special Council meeting held on October 10, 2017, be adopted as circulated.

CARRIED

PRESENTATION

Pat Bell, Head of Planning and Director of Education, Community Energy Association, presented Council with the Climate and Energy Action award for the City’s Community Energy Save Program, and with the aid of PowerPoint presentation (on file at the City Clerk’s office), she highlighted ongoing initiatives and thanked the City for its efforts.  In response to a query from Council, Ms. Bell stated that the Federation of Canadian Municipalities has documented success stories on their website over the years and that Richmond’s accomplishment could be featured in a similar manner, including in Municipal World magazine.

COMMITTEE OF THE WHOLE

R17/18-2

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:04 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items

Item No. 7 – Application To Amend Food-Primary Liquor Licence-Relocation Of Cactus Club To 1666-6551 No. 3 Rd

Randall Olafson, Randall Olafson Consultants, Ltd., recognized the efforts of staff in aiding the transfer of operations of the Cactus Club from 5500 No. 3 Road to their new premises at 1666-6551 No. 3 Road, including various permit applications and licences.

R17/18-3

4.

It was moved and seconded

That Committee rise and report (7:09 p.m.).

CARRIED

CONSENT AGENDA

R17/18-4

5.

It was moved and seconded

That Items No. 6 through No. 13 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

It was moved and seconded

That the minutes of:

(1)

the Community Safety Committee meeting held on October 11, 2017;

(2)

the General Purposes Committee meeting held on October 16, 2017;

(3)

the Planning Committee meeting held on October 17, 2017;

(4)

the Public Works and Transportation Committee meeting held on October 18, 2017; and

(5)

the Council/School Board Liaison Committee meeting held on September 20, 2017;

be received for information.

ADOPTED ON CONSENT

7.

Application to amend food-primary liquor licence-relocation of cactus club to 1666-6551 no. 3 rd
(File Ref. No. 12-8275-30-001) (REDMS No. 5551408 v. 2)

(1)

That the application from Cactus Club Cafe 2900 Ltd., operating as Cactus Club Cafe, for the relocation amendment to their Food Primary Liquor Licence No. 148636 from location at 5500 No. 3 Road with hours of liquor service from 9:00 a.m. to next day 1:30 a.m., Monday to Saturday and from 9:00 a.m. to midnight, Sunday; to location at 1666 – 6551 No. 3 Road with the same hours of liquor service, be supported;

(2)

That a letter be sent to the Liquor Control and Licensing Branch advising that:

(a)

Council supports the relocation amendment of the application and the hours of liquor service;

(b)

The total person capacity at 223 persons indoor and 76 persons for the outdoor patio is acknowledged;

(c)

Council’s comments on the prescribed criteria (section 71 of the Liquor Control and Licensing Regulations) are as follows:

(i)

The impact of noise and traffic in the vicinity of the establishment was considered;  

(ii)

The general impact on the community was assessed through a community consultation process; and

(iii)

Given that there has been no history of non-compliance, this amendment will likely not result in the establishment being operated in a manner that is contrary to its primary purpose;

(d)

As the operation of a licenced establishment may affect nearby residents, business and property owners, the general impact assessment was conducted through the City’s community consultation process as follows:

(i)

Residents, businesses and property owners within a 50 meter radius of the establishment were notified by letter.  The letter provided information on the application with instructions on how to submit comments or concerns; and

(ii)

Signage was posted at the establishment and three public notices were published in a local newspaper. The signage and public notice provided information on the application with instructions on how to submit comments or concerns;

(e)

Council’s comments on the general impact of the views of residents, businesses and property owners as follows:

(i)

The community consultation process was completed within 90 days of the application process;

(ii)

The comments and views of residents, businesses and property owners received through the community consultation process were assessed; and

(iii)

The concerns of residents, businesses and property owners received through the community consultation process could be mitigated by existing Bylaws; and

(f)

Council recommends the approval of the licence for the reasons that the relocation amendment is acceptable to the majority of the residents and businesses in the area and the community.

ADOPTED ON CONSENT

8.

Application by Konic Development Ltd. for Rezoning at 7151 No. 2 Road from Single Detached (RS1/E) to Low Density Townhouses (RTL4)
(File Ref. No. 12-8060-20-009762; RZ 13-638387) (REDMS No. 5347398; 5535734)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9762, for the rezoning of 7151 No. 2 Road from “Single Detached (RS1/E)” zone to “Low Density Townhouses (RTL4)” zone, be introduced and given first reading.

ADOPTED ON CONSENT

9.

Application by Darlene Dueckman, Mark Dueckman, and John Goossen for Rezoning at 12431 McNeely Drive from “Agriculture (AG1)” Zone to “Single Detached (RS2/B)” Zone
(File Ref. No. 12-8060-20-009773; RZ 17-781064) (REDMS No. 1077644; 2221494; 5556538 5594931)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9773, for the rezoning of 12431 McNeely Drive from “Agriculture (AG1)” zone to “Single Detached (RS2/B)” zone, be introduced and given first reading.

ADOPTED ON CONSENT

10.

RICHMOND’S FIVE YEAR REGIONAL CONTEXT STATEMENT REVIEW, 2041 OFFICIAL COMMUNITY PLAN (OCP)
(File Ref. No. 01-0157-30-RGST1) (REDMS No. 5575285)

That the Metro Vancouver (MV) Board be advised that the City of Richmond has completed the required five year review of the Richmond 2041 Official Community Plan (OCP), Regional Context Statement and, as the OCP continues to be consistent with the Metro Vancouver (MV) Regional Growth Strategy, no Regional Context Statement changes are required, and the Metro Vancouver Board be requested to reaffirm its acceptance of the City's 2041 Official Community Plan, Regional Context Statement.

ADOPTED ON CONSENT

11.

TransLink 2018 Capital Program Cost-Share Submissions
(File Ref. No. 01-0154-04) (REDMS No. 5493788)

(1)

That the submission of pedestrian, bicycle and transit facility improvement projects for cost-sharing as part of the TransLink 2018 capital cost-share programs as described in the report titled, “TransLink 2018 Capital Program Cost-Share Submissions” dated September 27, 2017 from the Director, Transportation, be endorsed; and

(2)

That, should the above submissions be successful, the Chief Administrative Officer and General Manager, Planning and Development be authorized to execute the funding agreements and the 2018 Capital Plan and the 5-Year Financial Plan (2018-2022) be updated accordingly.

ADOPTED ON CONSENT

12.

Grease Inspector Update 2017
(File Ref. No. 05-1825-01; 10-6060-03-01) (REDMS No. 5521844 v. 4)

That a full-time grease inspector be submitted as part of the 2018 Utility Budgets for Council consideration.

ADOPTED ON CONSENT

13.

traffic Recording capabilities at intersections in Richmond
(File Ref. No. 10-6450-08-01) (REDMS No.)

That Traffic Recording Capabilities at Intersections be submitted in the 2018 budget process for Council consideration.

ADOPTED ON CONSENT

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

NON-CONSENT AGENDA ITEMS

GENERAL PURPOSES COMMITTEE

Mayor Malcolm D. Brodie, Chair

14.

City of Richmond submission regarding cannabis legalization and regulation in bc
(File Ref. No. 09-5000-03-02; 12-8000-01) (REDMS No. 5567746; 5567869; 5594044 v. 7)

R17/18-5

It was moved and seconded

WHEREAS it is important to the City of Richmond to protect the quality of life of its residents and to enact measures to afford such protection, therefore be it RESOLVED:

(1)

That the comments summarized in the staff report titled, “City of Richmond Submission Regarding Cannabis Legislation and Regulation in BC” and detailed in Table 1, be approved for submission to the Province of British Columbia with the following additions:

(a)

that the minimum age to buy, grow, and possess cannabis be 19; 

(b)

that a copy of the staff report titled, “City of Richmond Submission Regarding Cannabis Legalisation and Regulation in BC” be submitted to the Province along with a letter detailing the following points of clarification:

(i)

the City of Richmond strongly opposes the legalization of non-medical use of cannabis;

(ii)

that municipalities continue to maintain authority over regulation of land use and zoning as it pertains to cannabis-related land uses;

(iii)

the limit for youth personal possession (under age 19) should be 0 grams;

(iv)

Provincial regulations should be a minimum and municipalities should be able to impose stricter regulations;

(v)

regulations for farm land should be provided;

(vi)

municipalities should be given a share of the federal and provincial revenues to offset extra costs;

(vii)

there has been insufficient time given to respond to the Province’s request for feedback;

(viii)

there should be firmer controls on public consumption of cannabis that match public tobacco and alcohol consumption regulations;

(ix)

there should be a low tolerance for drug impaired driving for fully licenced (non “new”) drivers and zero tolerance for new drivers;

(x)

the cultivation, smoking, and use of cannabis and cannabis related products should be prohibited in any place, including residences, where children may reside or be around;

(xi)

the maximum number of cannabis plants allowable for personal cultivation should be set by building premises, not by household;

(xii)

the legal rights of the landlord (including strata council or owner) to forbid tenants to cultivate, consume, and buy/sell marijuana should be protected;

(xiii)

enable the strata council or the building owner to prohibit smoking or cultivation of cannabis in any buildings (such as apartments) with central air ventilation systems; and

(xiv)

require any products containing cannabis to be labeled and carry health warnings similar to cigarettes.

(2)

That a letter be sent to the Prime Minister, with copies to the Minister of Justice and Attorney General of Canada, Richmond Members of Parliament, and the federal leader of the official opposition, expressing concern over the inadequate time given to Provincial and Municipal governments to prepare prior to cannabis legalization.

The question on Resolution No. R17/18-5 was not called as discussion took place in regards to (i) the survey answers addressed in Table 1 of the staff report, (ii) limiting retail to locations accustomed to selling controlled substances such as pharmacies or liquor stores, (iii) the minimum age to buy, grow, and possess cannabis, (iv) protection of strata council and owners’ rights to their property, and (v) the growth of cannabis on agricultural land.

Discussion further ensued and Council expressed concern regarding (i) protection of children from cannabis use, (ii) youth consumption and impaired driving, (iii) the increased potency of marijuana and its affects, (iv) issues associated with enforcement of the proposed legislation and (v) the short time period in which non-medical cannabis will be legalized.

It was agreed that Part (1)(a) of Resolution No. R17/18-5 would be voted separately and the question on Part (1)(a) was called and it was CARRIED with Cllrs. Au, Day, and Dang opposed.

The question on the balance of Resolution No. R17/18-5 was then called and it was CARRIED.

PUBLIC ANNOUNCEMENTS AND EVENTS

Mayor Brodie recognized the retirement of Cathryn Volkering Carlile, General Manager, Community Services, after 16 years of service with the City. Mayor Brodie noted a few of Ms. Carlile’s many initiatives and projects, including (i) bringing tall ships to Richmond, (ii) city projects for the 2010 Olympic Winter Games, (iii) community parks and centres including Terra Nova Rural Park, Garden City Community Park, Garden City Lands, City Centre Community Centre and City Centre North Community Centre, (iv) heritage assets including the Steveston Interurban tram and Branscombe House artist-in-residence, and (v) affordable housing initiatives such as Kiwanis Towers and the new homeless shelter opening in the spring. Mayor Brodie thanked Ms. Carlile and her staff on their dedication to working with the community and commended her for the legacy she leaves behind.  

Mayor Brodie announced the passing of John (Jack) Ellis Brooks, former City of Richmond Municipal Administrator, on October 6, 2017 at the age of 89, and Council extend their deepest sympathies to his family and friends.

Also, Mayor Brodie announced the award of Contract 5869P on call hearing/venting and air conditioning to Airon Hearing and Air Conditioning Ltd for a one- year term with the option to extend to an additional hour one-year terms to a maximum of five years upon mutual consent of both parties.  

BYLAWS FOR ADOPTION

R17/18-6

It was moved and seconded

That the following bylaws be adopted:

Housekeeping (Amendments) Bylaw No. 9718

Bylaw Enforcement Officer Bylaw No. 9742

Unsightly Premises Regulation Bylaw No. 7162, Amendment
Bylaw No. 9766

Municipal Ticket Information Authorization Bylaw No. 7321, Amendment Bylaw No. 9767

Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 9768

Permissive Exemption (2018) Bylaw No. 9730

Housing Agreement (Hollybridge Limited Partnership, Intracorp) Bylaw No. 8995, Amendment Bylaw No. 9761

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9270
(11811 Dunford Rd, RZ 15-697230)

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9672
(13100 Smallwood Place, ZT 16-754143)

CARRIED

DEVELOPMENT PERMIT PANEL

R17/18-7

15.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meetings held on September 27, 2017 and October 11, 2017, and the Chair’s report for the Development Permit Panel meeting held on July 26, 2017, be received for information; and

(2)

That the recommendation of the Panel to authorize the issuance of a Development Permit (DP 16-741123) for the property at 13100 Smallwood Place be endorsed, and the Permit so issued.

The question on the motion was not called as, in response to questions from Council, Joe Erceg, General Manager, Planning and Development, stated that an item regarding the construction of a Marine Terminal Facility for aviation/jet fuel delivery from the October 11, 2017 Development Permit Panel meeting has been referred back to staff as it did not meet development permit guides per the Official Community Plan.

Mr Erceg also commented that a municipal agreement for construction is also required and that will come forward for Council’s approval, and it is anticipated that the development permit and municipal access agreement will come forward at roughly the same time.   

Direction was given to staff to forward the service agreement pertaining to the Marine Terminal Facility to Council along with the development permit and municipal access agreement for approval.  

The question on Resolution No. R17/18-7 was then called and it was CARRIED.  

ADJOURNMENT

R17/18-8

It was moved and seconded

That the meeting adjourn (8:10 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, October 23, 2017.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)