November 13, 2018 - Minutes

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Carol Day
Councillor Kelly Greene
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves
Councillor Michael Wolfe

Corporate Officer – David Weber

Call to Order:

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

RES NO.

ITEM

MINUTES

R18/19-1

1.

It was moved and seconded

That:

(1)

the minutes of the Regular Council meeting held on October 22, 2018, be adopted as circulated;

(2)

the minutes of the Inaugural Council meeting held on November 5, 2018, be adopted as circulated;

(3)

the minutes of the Special Council meeting held on November 6, 2018, be adopted as circulated; and

(4)

the Metro Vancouver ‘Board in Brief’ dated October 26, 2018, be received for information.

CARRIED

COMMITTEE OF THE WHOLE

R18/19-2

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:03 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items

Item No. 10 – Minoru Place Activity Centre Program Options as Arts Space

Linda Barnes, 4551 Garry Street, expressed support for the proposed project and encouraged the development of arts space in the city.

Item No. 16 – Residential Development On Agriculturally Zoned Land

Henry Yao, 5900 Dover Crescent, expressed that the maximum house size on agricultural land should be limited to 400m², below proposed Provincial regulations, in order to address potential real estate speculation of agricultural land and to support young farmers.

Item No. 16 – Residential Development On Agriculturally Zoned Land

Niti Sharma, Richmond resident, spoke on further restricting house size on agricultural land to 400m², below proposed Provincial regulations, since she was of the opinion that the size of agricultural lots in Richmond are generally smaller compared to the Provincial average. Also, she expressed that a further restriction on house size will help curtail real estate speculation of agricultural land.

Item No. 15 – Cannabis Related Official Community Plan and Zoning Bylaw Amendments in Response to Changes to Provincial Agricultural Land Reserve Legislation

Zenbia Chan, representing the 2018 Marijuana Concern Group, read from her submission (attached to and forming part of these minutes as Schedule 1), expressing opposition to Provincial regulations that permit the production of cannabis on agricultural land.

R18/19-3

4.

It was moved and seconded

That Committee rise and report (7:13 p.m.).

CARRIED

CONSENT AGENDA

R18/19-4

5.

It was moved and seconded

That Items No. 6, 7, 9, 11, 12 and 14 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the General Purposes Committee meeting held on November 6, 2018; and

(2)

the Planning Committee meeting held on November 7, 2018;

be received for information.

ADOPTED ON CONSENT

7.

Feedback on the Organic Matter Recycling Regulation (OMRR) Intentions Paper 2018 
(File Ref. No. 10-6175-02-01; 10-6370-10-05) (REDMS No. 5972541 v. 7)

That the comments in the report titled “Feedback on the Organic Matter Recycling Regulation (OMRR) Intentions Paper 2018” from the Senior Manager, Sustainability and District Energy, dated October 3, 2018 be forwarded to the BC Minister of Environment and Climate Change Strategy.

ADOPTED ON CONSENT

8.

WesPac Tilbury Marine Jetty Project- Application Comments for the British Columbia Environmental Assessment Process 
(File Ref. No. 10-6125-30-007) (REDMS No. 6004736 v. 3; 6006027)

Please see page 6 for action on this item.

9.

Proposed Road Section to be Added to TransLink's Major Road Network 
(File Ref. No. 01-0154-04) (REDMS No. 6017892)

That the section of Cambie Road between No. 3 Road and No. 6 Road be added to TransLink’s Major Road Network as described in the report titled “Proposed Road Section to be Added to TransLink’s Major Road Network” dated October 31, 2018 from the Director, Transportation.

ADOPTED ON CONSENT

10.

Minoru Place Activity Centre Program Options as Arts Space 
(File Ref. No. 06-2050-20-MP; 11-7140-20-HSCE1) (REDMS No. 5848811 v. 17; 6026845)

Please see page 8 for action on this item.

11.

2019 council Meeting Schedule 
(File Ref. No. 01-0105-01) (REDMS No. 5927023 v. 2)

That the 2019 Council and Committee meeting schedule as shown in Attachment 1 to the staff report dated October 18, 2018, from the Director, City Clerk's Office, be approved with the following revisions as part of the regular August meeting break and December holiday season:

(1)

That the Regular Council meetings (open and closed) of August 12, August 26, and December 23, 2019 be cancelled; and

(2)

That the August 19, 2019 Public Hearing be rescheduled to September 3, 2019 at 7:00p.m. in the Council Chambers at Richmond City Hall.

ADOPTED ON CONSENT

12.

Child Care Development Advisory Committee - Terms of Reference Update 
(File Ref. No. 07-3070-01; 01-0100-30-CCDE1-01) (REDMS No. 5867155 v. 6; 5803811; 1750857)

That the proposed updated Child Care Development Advisory Committee (CCDAC) Terms of Reference be endorsed as presented in the staff report titled “Child Care Development Advisory Committee – Terms of Reference Update,” dated October 16, 2018 from the Manager, Community Social Development.

ADOPTED ON CONSENT

13.

Application by Christopher Bozyk Architects for a Zoning Text Amendment to the “Vehicle Sales (CV)” Zone to Increase the Floor Area Ratio to 0.82 at 13100 Smallwood PlacE 
(File Ref. No. 12-8062-20-009948; ZT 18-818765) (REDMS No. 5990457 v. 2; 2221494; 6001004)

Please see page 9 for action on this item.

14.

Steveston Village Heritage Conservation Grant Program Update 
(File Ref. No. 08-4200-08; 01-0095-20-5900) (REDMS No. 5973969 v. 4; 5817642; 5374795; 5974588; 5975152)

(1)

That the staff report titled “Steveston Village Heritage Conservation Grant Program Update” dated October 18, 2018 be received for information; and

(2)

That the updated Steveston Village Heritage Conservation Grant Program be approved.

ADOPTED ON CONSENT

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

8.

WesPac Tilbury Marine Jetty Project- Application Comments for the British Columbia Environmental Assessment Process 
(File Ref. No. 10-6125-30-007) (REDMS No. 6004736 v. 3; 6006027)

R18/19-5

It was moved and seconded

That the comments regarding the WesPac Tilbury Marine Project Environmental Assessment Application to the BC Environmental Assessment Office for the proposed Liquefied Natural Gas Birthing and Loading Facility identified in the “WesPac Tilbury Marine Jetty Project – Application Comments for the British Columbia Environmental Assessment Process” report dated October 16, 2018, from the Director, Engineering, be endorsed for submission to the BC Environmental Assessment Office.

The question on the motion was not called as discussion ensued with regard to potential safety concerns with the proposed project.

Background information on the WesPac Tilbury Marine Project was distributed (attached to and forming part of these minutes as Schedule 2).

As a result of the discussion, the following amendment motion was introduced:

R18/19-6

It was moved and seconded

That the following additional considerations be added to the comments regarding the WesPac Tilbury Marine Project Environmental Assessment Application:

(a)

The cumulative effects this project along with the VAFFC Jet Fuel project, the shipment of Coal and the increased marine traffic to the Surrey docks on the environment, as well as the tourism, film, and fishing industries; and

(b)

Addition of potential security measures, for a life and safety standard that is found globally, such as those required by United States ports. This is due to the volatile nature of LNG and the potential threats and/or accidents to an LNG tanker both in transit and at the dock.

The question on the amendment motion was not called as staff responded to queries related to the consultation timeline, noting that the environmental review would take place over 180 days followed by a review period by the Minister of Environment and Climate Change Strategy. It was further noted that the City can provide additional feedback during the 180 day review period.

The question on the amendment motion was then called and it was CARRIED.

The question on the main motion, as amended, which reads as follows:

 (1)

That the comments regarding the WesPac Tilbury Marine Project Environmental Assessment Application to the BC Environmental Assessment Office for the proposed Liquefied Natural Gas Birthing and Loading Facility identified in the “WesPac Tilbury Marine Jetty Project – Application Comments for the British Columbia Environmental Assessment Process” report dated October 16, 2018, from the Director, Engineering, be endorsed for submission to the BC Environmental Assessment Office; and

(2)

That the following additional considerations be added to the comments regarding the WesPac Tilbury Marine Project Environmental Assessment Application:

(a)

The cumulative effects this project along with the VAFFC Jet Fuel project, the shipment of Coal and the increased marine traffic to the Surrey docks on the environment, as well as the tourism, film, and fishing industries; and

(b)

Addition of potential security measures, for a life and safety standard that is found globally, such as those required by United States ports. This is due to the volatile nature of LNG and the potential threats and/or accidents to an LNG tanker both in transit and at the dock.

was then called and it was CARRIED.

10.

Minoru Place Activity Centre Program Options as Arts Space 
(File Ref. No. 06-2050-20-MP; 11-7140-20-MSCE1) (REDMS No. 5848811 v. 17; 6026845)

R18/19-7

It was moved and seconded

(1)

That the recommended option, Option 1: Community Arts Education and Program Space with Pottery and Culinary Arts Studio, be approved as the preferred program of the Minoru Place Activity Centre as detailed in the staff report titled “Minoru Place Activity Centre Program Options as Arts Education and Program Space,” dated August 29, 2018, from the Director, Arts, Culture and Heritage; and

(2)

That a Capital request be considered during the 2019 budget process.

The question on the motion was not called as discussion ensued with regard to the design process and the projected costs of the project (as outlined in the staff memorandum, dated November 9, 2018, from the Director, Arts, Culture and Heritage Services attached to and forming part of these minutes as Schedule 3).

In reply to queries from Council, staff anticipate that the design process would take approximately six months and construction would take approximately nine months. Also, staff noted that additional details on the costs will be available during the design phase and that opportunities for cost reduction will be sought.

The question on the motion was then called and it was CARRIED.

13.

Application by Christopher Bozyk Architects for a Zoning Text Amendment to the “Vehicle Sales (CV)” Zone to Increase the Floor Area Ratio to 0.82 at 13100 Smallwood PlacE 
(File Ref. No. 12-8062-20-009948; ZT 18-818765) (REDMS No. 5990457 v. 2; 2221494; 6001004)

R18/19-8

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9948, for a Zoning Text Amendment to the “Vehicle Sales (CV)” zone to increase the Floor Area Ratio to 0.82 at 13100 Smallwood Place, be introduced and given first reading.

The question on the motion was not called as discussion ensued with regard to the proposed architectural form and the proposed building height.  

In reply to queries from Council, staff noted that (i) the proposed development would include a two-storey building with rooftop parkade and would be taller than adjacent automobile dealerships, (ii) there are no proposals to enclose the parking area, and (iii) staff can work with the applicant to reduce the rooftop parkade’s shrouding height.

The following referral motion was introduced:

R18/19-9

It was moved and seconded

That the application by Christopher Bozyk Architects for a Zoning Text Amendment to the “Vehicle Sales (CV)” Zone to Increase the Floor Area Ratio to 0.82 at 13100 Smallwood Place, be referred back to staff to examine options to:

(1)

incorporate rooftop solar panels; and

(2)

reduce building height;

and report back.

The question on the referral motion was not called as discussion ensued with regard to (i) development of farmable green roofs atop parkades, (ii) City policies on solar roofs, and (iii) modification of the proposed development to reduce impact to birds and environmentally sensitive areas.

The question was then CARRIED with Mayor Brodie and Cllrs. Loo, McPhail and McNulty opposed.

NON-CONSENT AGENDA ITEMS

GENERAL PURPOSES COMMITTEE –
Mayor Malcolm D. Brodie, Chair

15.

Cannabis Related Official Community Plan and Zoning Bylaw Amendments in Response to Changes to Provincial Agricultural Land Reserve Legislation 
(File Ref. No. 08-4430-03-10; 12-8060-20-009928/009929) (REDMS No. 5962868 v. 1; 5994957; 5962994; 5992917)

Correspondence received regarding the matter was distributed (attached to and forming part of these minutes as Schedule 4).

R18/19-10

It was moved and seconded

(1)

That Richmond Official Community Plan (OCP) Bylaw 9000, Amendment Bylaw 9928, to revise Section 3.6.5 of Schedule 1 of the OCP on the City's land use policies for the management of cannabis production in response to changes to Provincial Agricultural Land Reserve (ALR) Regulation, be introduced and given first reading;

(2)

That Bylaw 9928, having been considered in conjunction with:

(a)

The City's Financial Plan and Capital Program; and

(b)

The Greater Vancouver Regional District Solid Waste and Liquid Waste and Management Plans;

is hereby found to be consistent with the said programs and plans, in accordance with Section 477(3)(a) of the Local Government Act;

(3)

That Richmond Official Community Plan 9000, Amendment Bylaw 9928, having been considered in accordance with OCP Bylaw Preparation Consultation Policy 5043 and Section 477(3)(b) of the Local Government Act, be forwarded to the Agricultural Land Commission for comment in advance of the Public Hearing;

(4)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9929, to amend Section 3.4 and Section 5.13 of the Zoning Bylaw related to the production of cannabis in response to changes to Provincial ALR legislation, be introduced and given first reading.

The question on the motion was not called as staff commented on the proposed bylaws that would bring the City’s regulations related to cannabis in compliance with Provincial regulations. Staff then noted that Provincial regulations allow cultivation of cannabis in soil, a soil-based building, or a greenhouse constructed before July 2018.

Discussion ensued with regard to (i) the scarcity of farmland and food security, (ii) restrictions related to non-agricultural uses of farmland, (iii) the regulations restricting the cultivation of cannabis to industrial zones that have been adopted by other jurisdictions such as in Washington State, and (iv) consultation with Richmond farmers.

As a result of  the discussion, the following referral motion was introduced:

R18/19-11

It was moved and seconded

That the matter be referred back to staff and that staff prepare a report to support a request to the Provincial Government on the following:

(1)

that cannabis be eliminated from the Farm Practices Protection (Right to Farm) Act;

(2)

that local governments be permitted to determine whether or not cannabis should be grown on farmland within the municipality as is the case in Washington State; and

(3)

that a moratorium on the cultivation of cannabis on farmland be established.

In reply to queries from Council, staff advised that additional consultation regarding cannabis can take place with the Richmond Agricultural Advisory Committee.    

The question on the motion was then called and it was CARRIED.

16.

Residential development on agriculturally zoned land 
(File Ref. No. 08-4050-10; 04-4057-10; 12-8060-20-009965/9966/9967/9968) (REDMS No. 6013170; 5766488; 6024858; 6024366; 6024373; 6024382; 6024397; 5770355; 5762445)

R18/19-12

It was moved and seconded

That the following bylaws be introduced and given first reading:

(1)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9965 (Revised House Size Regulations in the Agriculture Zone);

(2)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9966 (Revised Residential Regulations in the Agriculture Zone);

(3)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9967 (Revised farm home plate definition to include the septic field area); and

(4)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9968 (Revised House Size Regulations for Residential Zones in the Agricultural Land Reserve).

The question on the motion was not called as the following amendment motion was introduced:

R18/19-13

It was moved and seconded

That the proposed bylaws be amended to limit house size on agricultural land to a maximum floor area of 400m².

The question on the amendment motion was not called as discussion ensued with regard to (i) limiting house size as a way to discourage real estate speculation of agricultural land, (ii) considering agricultural house size restrictions adopted by other municipalities such as Delta, (iii) adopting policies that will support farmers, (iv) applying the Provincial Foreign Buyers’ Tax to all property types as a way to discourage real estate speculation of agricultural land, and (v) comparing the average non-agricultural house size to houses on agricultural land.

The question on the amendment motion was then called and it was CARRIED with Mayor Brodie, and Cllrs. Loo and McPhail opposed.

The question on the main motion, which reads as follows:

That the following bylaws, as amended on this day, be introduced and given first reading:

(1)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9965 (Revised House Size Regulations in the Agriculture Zone);

(2)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9966 (Revised Residential Regulations in the Agriculture Zone);

(3)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9967 (Revised farm home plate definition to include the septic field area); and

(4)

Richmond Zoning Bylaw 8500, Amendment Bylaw 9968 (Revised House Size Regulations for Residential Zones in the Agricultural Land Reserve).

was called and it was CARRIED with Mayor Brodie and Cllrs. Loo and McPhail opposed.

FINANCE AND CORPORATE SERVICES DIVISION

17.

2018 general local and school election results 
(File Ref. No. 12-8125-80-01) (REDMS No. 6019951)

R18/19-14

It was moved and seconded

That the Declaration of Official Results for the 2018 General Local and School Election, attached to the staff report dated November 1, 2018 from the Chief Election Officer, be received for information by Richmond City Council in accordance with the requirement of Section 158 of the Local Government Act.

CARRIED

NEW BUSINESS

Cllr. McNulty introduced the following motion:

R18/19-15

It was moved and seconded

That the City write a letter to the Premier requesting a direction, communication, and consultation process regarding the Massey Tunnel issue.

The question on the motion was not called as the Chair advised that notice would be required for the motion, and therefore it would be placed on the agenda of the next Regular Council meeting.

BYLAWS FOR ADOPTION

R18/19-16

It was moved and seconded

That the following bylaws be adopted:

DCC Reserve Fund Expenditure (4033, 4099 and 4133 Stolberg Street and 9388 Cambie Road) Bylaw No. 9783

DCC Reserve Fund Expenditure (4588 Dubbert Street)  Bylaw No. 9847

Consolidated Fees Bylaw No. 8636, Amendment Bylaw No. 9897

Consolidated 5 Year Financial Plan (2018-2022) Bylaw 9800 Amendment
Bylaw No. 9904

Housing Agreement (3551/3571/3591/3611/3631 Sexsmith Road)  Bylaw No. 9927

Housing Agreement (8071 and 8091 Park Road)  Bylaw No. 9934

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9576

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9790

Road Closure and Removal of Road Dedication Bylaw No. 9849

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9825

CARRIED

R18/19-17

It was moved and seconded

That the following bylaws be adopted:

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9551

Richmond Official Community Plan Bylaw 7100, Amendment Bylaw No. 9553

Richmond Land Use Contract Discharge Bylaw No. 9562

CARRIED
Opposed: Cllr. Day

DEVELOPMENT PERMIT PANEL

R18/19-18

18.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meeting held on October 24, 2018, and the  Chair’s report for the Development Permit Panel meetings held on June 13, 2018 and October 24, 2018, be received for information; and

(2)

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

(a)

a Development Permit (DP 16-740262) for the property at 7960 Alderbridge Way and 5333 and 5411 No. 3 Road; and

(b)

a Development Permit (DP 17-782861) for the property at 5660, 5680 and 5700 Williams Road;

be endorsed, and the Permits so issued.

The question on the motion was not called as discussion ensued with regard to the proposed play equipment for the property at 7960 Alderbridge Way and 5333 and 5411 No. 3 Road (DP 16-740262). Staff advised that staff will work with the applicant to improve the play equipment in the landscape plan.

The question on the motion was then called and it was CARRIED with
Cllr. Wolfe opposed.

ADJOURNMENT

R18/19-19

It was moved and seconded

That the meeting adjourn (8:42 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 Tuesday, November 13, 2018.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)