December 19, 2018 - Minutes (Special)

Place:

Anderson Room
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

Acting Corporate Officer – Claudia Jesson

Call to Order:

Mayor Brodie called the meeting to order following the Open Public Works & Transportation Committee meeting (4:30 p.m.) and then recessed the meeting.

RES NO.

ITEM

The meeting reconvened at 5:26 p.m. following the Open Public Works & Transportation Committee and Open Parks, Recreation & Cultural Services Committee meetings with all members of Council present.

AGENDA ADDITIONS AND DELETIONS

Mayor Brodie noted the addition of Item No. 3 – “Richmond Lawn Bowling Clubhouse Site and Program Update” from the December 17, 2018 General Purposes Committee meeting.  The Mayor further advised that “Secondary Dwellings on Agricultural Land” from Councillor Steves be added as Item No. 8 and “Council Remuneration” from Councillor Greene be added as Item No. 9.

SP18/6-1

It was moved and seconded

(1)

That “Richmond Lawn Bowling Clubhouse Site and Program Update” be added as a new Item No. 3 and the remaining items be renumbered accordingly;

(2)

That “Secondary Dwellings on Agricultural Land” be added as Item No. 8; and

(3)

That “Council Remuneration” be added as Item No. 9.

CARRIED

COMMUNITY SAFETY COMMITTEE

1.

Request for Proposal 6225P – Award of Supply and Delivery of Fire Apparatuses for Richmond Fire Rescue (RFR) 
(File Ref. No. 03-1000-20-6225P) (REDMS No. 6021703 v. 8)

SP18/6-2

It was moved and seconded

(1)

That the Contract 6225P for the supply and delivery of one Fire Pumper Apparatus be awarded to Commercial Emergency Equipment Co. at a total cost of $1,085,258.05 including taxes;

(2)

That the General Manager, Community Safety be authorized to execute a contract with Commercial Emergency Equipment Co. for the purchase of one Fire Pump Apparatus identified within Request for Proposal (RFP) 6225P;

(3)

That a Memorandum of Understanding (MOU) be developed between Commercial Emergency Equipment Co. and the City to establish terms of reference for procurements of future apparatus for up to a five-year period; and

(4)

That staff be directed to report back with the proposed MOU between Commercial Emergency Equipment Co. and the City for Council approval.

CARRIED

GENERAL PURPOSES COMMITTEE

2.

Application for a New Liquor Primary Liquor Licence From Monster L Karaoke Ltd, at 8400 Alexandra Road Unit 130 
(File Ref. No. 12-8275-30-001) (REDMS No. 6038880)

SP18/6-3

It was moved and seconded

(1)

That the application from Monster L Karaoke Ltd., for a new Liquor Primary Liquor Licence to operate a karaoke lounge establishment, at premises located at 8400 Alexandra Road Unit 130, with liquor service, be supported for:

(a)

a new Liquor Primary Liquor Licence with primary business focus of entertainment, specifically a karaoke lounge with total person capacity of 50 occupants; and

(b)

liquor service hours for Monday to Sunday, from 9:00 AM to 2:00AM;

(2)

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

(a)

Council supports the applicant’s new Liquor Primary Liquor Licence application and the hours of liquor service with the conditions as listed above;

(b)

the total person capacity set at 50 occupants is acknowledged;

(c)

Council's comments on the prescribed criteria (Section 71 of the Liquor Control and Licencing Regulations) are as follows:

(i)

the impact of additional noise and traffic in the area of the establishment  was considered;

(ii)

the potential impact on the community was assessed through a community consultation process;

(iii)

given that this is a new business, there is no history of non-compliance with this establishment;

(d)

as the operation of a licenced establishment may affect nearby residents, businesses and property owners, the City gathered the views of the community through a community consultation process as follows:

(i)

residents, businesses and property owners within a 50 metre 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 subject property 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 and concerns;

(e)

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

(i)

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

(ii)

that based on the number of letters sent and no opposed responses received, Council considers that the approval of this application is acceptable to the majority of the residents, businesses and property owners in the area and the community.

CARRIED

3.

Richmond Lawn Bowling Clubhouse Site and Program Update 
(File Ref. No. 06-2052-25-LBOW1) (REDMS No. 6030445 v. 54; 6036730; 6045609; 6045312; 6047970; 6047971)

SP18/6-4

It was moved and seconded

(1)

That, subject to the budget process, the lawn bowling greens be resurfaced but not be relocated, as described in the staff report titled “Richmond Lawn Bowling Clubhouse Site and Update,” dated November 29, 2018, from the Director, Recreation Services and the Senior Manager, Capital Buildings Project Development;

(2)

That, subject to the budget process, Clubhouse Site Option 2 as shown in Attachment 3 be selected as the preferred site for the Richmond Lawn Bowling Clubhouse, as described in the staff report titled “Richmond Lawn Bowling Clubhouse Site and Program Update,” dated November 29, 2018, from the Director, Recreation Services and the Senior Manager, Capital Buildings Project Development; and

(3)

That staff report back on additional options for the size of the Lawn Bowling Green Clubhouse and program.

There was agreement amongst Council that the Parts of the motion be voted separately and the question on Part (1) of the motion was called and it was CARRIED with Cllrs. McNulty and McPhail opposed.

The question on Part (2) of the motion was called and it was CARRIED with Cllrs. Loo, McNulty, McPhail and Wolfe opposed.

The question on Part (3) of the motion was then called and it was CARRIED.

PLANNING COMMITTEE

4.

Revised Rezoning Considerations for the Application by Pietro Nardone for Rezoning of the West Portions 7151, 7171, 7191, 7211, 7231, and 7251 Bridge Street from the "Single Detached (RS1/F)" Zone to the "Single Detached (ZS14) - South McLennan (City Centre)" Zone; and to Rezone the East Portion of 7191 Bridge Street from the “Single Detached (RS1/F)” Zone to the “Single Detached (RS2/C)” Zone 
(File Ref. No. 12-8060-20-009796; RZ 16-732490) (REDMS No. 6004718; 5500172; 5689249)

SP18/6-5

It was moved and seconded

(1)

That Third Reading of Richmond Zoning Bylaw, 8500 Amendment Bylaw 9796 be rescinded; and

(2)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9796, for the rezoning of the west portions of 7151, 7171, 7191, 7211, 7231, and 7251 Bridge Street from the “Single Detached (RS1/F)” zone to the “Single Detached (ZS14) – South McLennan (City Centre)” zone, and of the east portion of 7191 Bridge Street from the “Single Detached (RS1/F)” zone to the “Single Detached (RS2/C)” zone, be forwarded to a Public Hearing to be held on January 21, 2019.

CARRIED

5.

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. 12-8060-20-009948; ZT 18-818765) (REDMS No. 6032125 v. 2; 5990457; 6001004; 2221494)

SP18/6-6

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.

CARRIED
Opposed: Cllr. Wolfe

In accordance with Section 100 of the Community Charter, Councillor Linda McPhail declared to be in a conflict of interest as her husband is part of the ownership group of the applicant, and left the meeting – 5:33 p.m.

6.

Application by Farrell Estates Ltd. for a Zoning Text Amendment to the Industrial Business Park (IB1) Zone to Permit Vehicle Sale/Rental on a Portion of the Property at 6260 Graybar RoAD
(File Ref. No. 12-8060-20-009977; ZT 18-841250) (REDMS No. 6050378 v. 3; 6043915)

SP18/6-7

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9977, for a Zoning Text Amendment to the “Industrial Business Park (IB1)” zone to allow “vehicle sale/rental” as a site-specific use limited to a maximum of 926.5 m2 on a portion of the property at 6260 Graybar Road, be introduced and given first reading.

CARRIED

Councillor McPhail returned to the meeting – 5:34 p.m.

7.

Cannabis Cultivation in the Agricultural Land Reserve - Council Referral ResponSE
(File Ref. No. 08-4430-03-10; XR: 01-0150-20-BCAL1) (REDMS No. 6039195 v. 5)

SP18/6-8

It was moved and seconded

(1)

That the “Cannabis Cultivation in the Agricultural Land Reserve – Council Referral Response” report dated December 3, 2018 from the Manager, Policy Planning be received for information and endorsed; and

(2)

That this report be forwarded along with Richmond City Council’s written request to the Provincial Government that:

(a)

a moratorium on the cultivation of cannabis on farmland be established by the Provincial Government;

(b)

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

(c)

local governments be permitted to determine whether or not cannabis should be grown on farmland within the municipality; and

(3)

That copies of the letter to the Provincial Government be sent to Richmond Members of Parliament, the Premier, Richmond Members of the Legislative Assembly, Leader of the Official Opposition, Vancouver Coastal Health, the Council/School Board Liaison Committee, UBCM, and District of Saanich.

The question on the motion was not called as discussion took place on forwarding copies of the written request to the Provincial Government to other relevant parties.

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

COUNCILLOR HAROLD STEVES

8.

Secondary dwellings on agricultural land
(File Ref. No.) (REDMS No.)

A previously distributed staff memorandum regarding amendments to the Agricultural Land Commission Act dated December 12, 2018 from the Manager, Policy Planning, was distributed on table (attached to and forming part of these minutes as Schedule 1.)

In response to a query from Council, Barry Konkin, Manager, Policy Planning advised that if a resolution was passed by Council regarding a moratorium on building permits for additional farm dwellings on agricultural land, a grace period until December 27, 2018 would commence after which all building permits would be withheld.

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

SP18/6-9

It was moved and seconded

(1)

That staff be directed to bring back bylaws to the January 14, 2019 Regular Council meeting to amend the City’s Official Community Plan Bylaw 9000 and the Richmond Zoning Bylaw 8500 to remove the provisions for an additional dwelling for farm workers on AG1 lots located within the Agricultural Land Reserve (ALR); and

(2)

That staff be directed to withhold building permits for additional farm dwellings on AG1 lots located in the ALR under Section 463 of the Local Government Act and bring forward building permits that conflict with bylaws in preparation for Council consideration.

CARRIED

NEW BUSINESS

9.

Council Remuneration
(File Ref. No.) (REDMS No.)

Councillor Greene spoke to Council remuneration and read from her submission that was distributed on table (attached to and forming part of these minutes as Schedule 2.)  As a result, the following motion was introduced:

SP18/6-10

It was moved and seconded

To cancel Richmond City Council pay increase in 2019 due to federal taxation changes and to phase in the planned salary increases for elected representatives from 2020–2024.

The question on the motion was not called as, in response to questions from Council, Bruce Clow, Interim Director, Human Resources, reviewed the staff memorandum dated December 19, 2018 titled “Council Remuneration” (attached to and forming part of these minutes as Schedule 3.)

Mr. Clow advised that staff have reviewed the actions of other BC municipalities, as noted in Attachment 2; he further commented on remaining consistent with employment law.  Also, Mr. Clow remarked that, in light of the recent changes to federal legislation, the proposed salary and benefits scenarios were prepared with the intent of keeping Council members’ net current salaries and benefits as status quo.  He then provided background information regarding the purpose of the external task force of citizens and the independent compensation.

In response to Council comments, George Duncan, Chief Administrative Officer, spoke to the 2006 process, noting that should Richmond City Council’s net salaries and benefits surpass the current 75^th percentile in comparison to other BC municipalities, the matter could be revisited to make adjustments as necessary in an effort to remain in the same position in the comparative group.

Discussion further took place and the following Council comments were noted:

§   

the City of Richmond is not responsible to compensate salaries as a result of changes in taxation regulation;

§   

the matter of salaries and benefits is between an individual employee and the municipality as the employer;

§   

in the light of the upcoming changes to federal legislation, it would be prudent for the external task force of citizens to reconvene on this matter; and

§   

Richmond is the 4^th largest city in B.C. and as such, keeping Council compensation competitive, encourages participation from a broad range of generations.

Discussion further took place and in reply to queries regarding the ability of Council members to negotiate salaries and benefits individually, staff advised that, should Council resolve, individual members could opt to waive a portion of their remuneration at any time; however, if an individual chose to reverse this decision, remuneration would not be retroactive.

The question on the motion was then called and it was DEFEATED with Mayor Brodie and Cllrs. Day, Loo, McNulty, McPhail, Steves, and Wolfe opposed.

Councillor Day then spoke to freezing Council’s remuneration until the external task force of citizens has had an opportunity to reconvene, as previously done in 1992 and 2006 and distributed material (attached to and forming part of the minutes as Schedule 4).

As a result, the following motion was introduced:

SP18/6-11

It was moved and seconded

(1)

That Council seek a review of the Council remuneration by an independent panel and related compensation management professional; and

(2)

That the current unadjusted level of remuneration for Council be maintained until the results of the panel are finalized and approved by Council.

DEFEATED
Opposed: Mayor Brodie
Cllrs. Loo
McNulty
McPhail
Steves

Discussion further ensued regarding the options for adjustments detailed in the staff memorandum and the option of allowing individual members of Council to decline a portion of their remuneration at any time.

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

SP18/6-12

It was moved and seconded

(1)

That the salary adjustment set out in Scenario 2 in Attachment 1 of the staff memorandum dated December 19, 2018 from the Interim Director, Human Resources for the Mayor and Councillors commencing on January 1, 2019 be approved; and

(2)

That any Councillor or the Mayor may waive a portion of their remuneration if they so choose at any time.

CARRIED
Opposed: Cllr. Greene

BYLAW FOR ADOPTION

SP18/6-13

It was moved and seconded

That Pollution Prevention and Clean-Up Bylaw No. 8475, Amendment Bylaw No. 9950 be adopted.

CARRIED

ADJOURNMENT

SP18/6-14

It was moved and seconded

That the meeting adjourn (6:33 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 Wednesday, December 19, 2018.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Acting Corporate Officer (Claudia Jesson)