November 25, 2019 - 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 – Claudia Jesson

Call to Order:

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

RES NO.

ITEM

MINUTES

R19/19-1

1.

It was moved and seconded

That:

(1)

the minutes of the Regular Council meeting held on November 12, 2019, be adopted as circulated;

(2)

the minutes of the Special Council meeting held on November 12, 2019, be adopted as circulated;

(3)

the  minutes of the Regular Council meeting for Public Hearings held on November 18, 2019, be adopted as circulated; and

(4)

the Metro Vancouver ‘Board in Brief’ dated November 1, 2019, be received for information.

CARRIED

COMMITTEE OF THE WHOLE

R19/19-2

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. 15 – Application by Dagneault Planning Consultants Ltd. for ALR Non-Farm Use at 9500 No. 5 Road

Clive Austin, Head of School, Pythagoras Academy, spoke of his experience with other independent schools in the Lower Mainland and noted that (i) most independent schools gain revenue from tuition fees which covers operating expenses, (ii) he believes that students attend independent schools for their academics and programs, (iii) Pythagoras Academy receives grants from the Ministry of Education, (iv) should independent schools no longer exist, the Ministry of Education would potentially incur higher costs to accommodate all those students into other schools, (v) approving the application would give children in  Richmond a choice of schools, and (vi) if given the opportunity to grow, Pythagoras Academy will become one of the top independent schools.

Item No. 15 – Application by Dagneault Planning Consultants Ltd. for ALR Non-Farm Use at 9500 No. 5 Road

Michael Bouchard, Principal, Pythagoras Academy, spoke in favor of the application and noted that (i) independent schools’ approach learning from different angles and students gain different insights, (ii) Pythagoras Academy participates in many different programs and with various organizations within the community, (iii) Pythagoras Academy has a set of values instilled by all teachers, (iv) Pythagoras Academy strives to teach their students to be contributing members of the community, (v) the school has created a Memorandum of Understanding with a local farmer to farm the backlands, (vi) the school would like to keep ownership of the agricultural land to incorporate farming into students learning, (vii) many students leave Richmond to attend other independent schools, and (viii) the turf soccer field could be changed to natural grass.

Item No. 15 – Application by Dagneault Planning Consultants Ltd. for ALR Non-Farm Use at 9500 No. 5 Road

Alexandra, Parent, Pythagoras Academy, spoke in favour of the application, and noted that (i) her son attends Pythagoras Academy and has grown up with the other students that attend, (ii) the BC Curriculum is at the forefront of the school’s teachings and communicated clearly to the parents, (iii) all cultures are respected and emphasized, (iv) parents are heavily involved with the school and in each child’s learning, (v) the musical theatre program at Pythagoras Academy instills confidence in the students, (vi) the school culture is welcoming and inclusive, (vii) the teachers are committed the students’ education, (viii) if the application is not approved, parents will be forced to send their kids to an independent school outside of the Richmond, and (ix) Pythagoras Academy affords parents the opportunity to send their children to a non-denominational independent school.  

Item No. 13 – Review of Licencing and Enforcement of Short-Term Rentals

Kerry Starchuk, referenced materials (attached to and forming part of these Minutes as Schedule 1) and spoke in opposition to the proposed boarding and lodging licencing program, noting that she would like this referred back to staff to examine other municipalities to address challenges with short-term rentals and boarding and lodging. She expressed concern with (i) operators of boarding and lodging not having any buffers, (ii) short-term rentals and boarding and lodging diminishing the livability and affordability of Richmond, (iii) loss of cohesion and sense of belonging, (iv) tourists coming and staying for short periods of time and high turnover, and (v) operators of the boarding and lodging not being the sole-proprietor of the property.

Item No. 13 – Review of Licencing and Enforcement of Short-Term Rentals

Niti Sharma, Richmond resident, spoke in opposition to the proposed boarding and lodging licencing program, expressing concern with (i) no requirement for the operator to be the owner of the property, (ii) charging excessive market rent, (iii) no restrictions or buffers for boarding and lodging, (iv) affecting neighbourhoods and community connectedness, (v) diverting housing density and single family housing stock away from long term rentals, (vi) increased flexibility for speculative investors of housing, and (vii) incentivising a business that takes away from long term rentals. Ms. Sharma urged Council to reconsider the framework for licensing boarding and lodging to make it an owner operated business. She requested that this licencing system be a publically accessible registry of boarding and lodging operators and sites.

R19/19-3

4.

It was moved and seconded

That Committee rise and report (7:27 p.m.).

CARRIED

CONSENT AGENDA

R19/19-4

5.

It was moved and seconded

That Items No. 6 through No. 9 and Item No. 11 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the Community Safety Committee meeting held on November 13, 2019;

(2)

the General Purposes Committee meeting held on November 18, 2019;

(3)

the Planning Committee meeting held on November 19, 2019;

(4)

the Public Works and Transportation Committee meeting held on November 20, 2019; and

(5)

the Council/School Board Liaison Committee meeting held on October 2, 2019;

be received for information.

ADOPTED ON CONSENT

7.

Touchstone Family Association Restorative Justice Contract Renewal & Annual Performance Outcome Evaluation Report 
(File Ref. No. 03-1000-05-069) (REDMS No. 6327158)

(1)

That Council approve a six per cent increase in annual funding and renew the contract with Touchstone Family Association for the provision of Restorative Justice for three-years (2020-2022);

(2)

That the Chief Administrative Officer and the General Manager, Community Safety, be authorized to execute the renewal of the contract with Touchstone Family Association under the same terms and conditions described in this report;

(3)

That the staff report titled “Touchstone Family Association Restorative Justice Contract Renewal & Annual Performance Outcome Evaluation Report” be forwarded to the Council/School Board Liaison Committee for information; and

(4)

That a letter be forwarded to the Richmond Members of Parliament, local Members of the Legislative Assembly, Premier, Solicitor General, Provincial Leader of the Opposition, and Federal Minister of Justice, to advocate for more funding for the Restorative Justice Program.

ADOPTED ON CONSENT

8.

Cultural Harmony Plan 2019 – 2029  
(File Ref. No. 08-4055-20-CHAR1) (REDMS No. 6309135; 6322997)

That the Cultural Harmony Plan 2019–2029, as outlined in the staff report titled “Cultural Harmony Plan 2019–2029”, dated November 4, 2019 from the Director, Community Social Development, be approved.

ADOPTED ON CONSENT

Cllr. Steves left the meeting (7:49 p.m.).

9.

Application by Design Work Group Ltd. for Rezoning at 11480 and 11500 Railway Avenue from the “Single Detached (RS1/E)” Zone to the “Arterial Road Two-Unit Dwellings (RDA)” Zone 
(File Ref. No. RZ 17-771371; 12-8060-20-010060) (REDMS No. 6325357 v. 2; 6211969; 6215072)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 10060, for the rezoning of 11480 and 11500 Railway Avenue from “Single Detached (RS1/E)” to “Arterial Road Two-Unit Dwellings (RDA)”, be referred to the Monday, December 16, 2019 Public Hearing at 7:00 p.m. in the Council Chambers of Richmond City Hall.

ADOPTED ON CONSENT

10.

Application by Dmitri Dudchenko for Rezoning at 11891 Dunavon Place from Single Detached (RS1/E) to Single Detached (RS2/A) 
(File Ref. No. RZ 19-850681; 12-8030-20-010101) (REDMS No. 6260322; 714236; 6288121)

See Page 8 for action on this item.

11.

UBCM Community Emergency Preparedness Fund 2019/2020 Application 
(File Ref. No. 03-1087-36-01) (REDMS No. 6310970)

(1)

That the Flood Protection and Dike Upgrades submission to the 2019 Union of BC Municipalities (UBCM) Community Emergency Preparedness Fund for Structural Flood Mitigation be endorsed;

(2)

That the Seismic Assessment and Hydraulic Modeling submission to the 2020 UBCM Community Emergency Preparedness Fund for Flood Risk Assessment, Flood Mapping, and Flood Mitigation Planning be endorsed; and

(3)

That, should the Flood Protection and Dike Upgrades submission and/or the Seismic Assessment and Hydraulic Modeling submission be successful, the Chief Administrative Officer and General Manager, Engineering and Public Works be authorized to negotiate and execute the funding agreements with UBCM.

ADOPTED ON CONSENT

Cllr. Steves returned to the meeting (7:50 p.m.).

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

10.

Application by Dmitri Dudchenko for Rezoning at 11891 Dunavon Place from Single Detached (RS1/E) to Single Detached (RS2/A) 
(File Ref. No. RZ 19-850681; 12-8030-20-010101) (REDMS No. 6260322; 714236; 6288121)

R19/19-5

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 10101, for the rezoning of 11891 Dunavon Place from “Single Detached (RS1/E)” to “Single Detached (RS2/A)”, be introduced and given first reading.

The question on the motion was not called as concerns were expressed regarding reducing the affordability by replacing the existing duplex with two single family homes.

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

NON-CONSENT AGENDA ITEMS

GENERAL PURPOSES COMMITTEE

12.

Non-Farm Use Fill Application for the Properties Located 11300 & 11340 Blundell Road (Athwal & Yau) 
(File Ref. No. 12-8080-12-01) (REDMS No. 6194412; 6193887)

R19/19-6

It was moved and seconded

(1)

That the Non-Farm Use Fill Application submitted by Mandeep Athwal for the properties located at 11300 and 11340 Blundell Road proposing to deposit soil for the purpose of improving drainage and transitioning to a machine harvest blueberry plantation be endorsed and referred to the Agricultural Land Commission (ALC) for the ALC’s review and decision; and

(2)

That staff advise Council on the efficacy of the software used to track the soil depositing process prior to the project’s completion.

The question on the motion was not called as discussion took place on amending the wording to note that the application meets city requirements.

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

R19/19-7

It was moved and seconded

That in the following motion:

That the Non-Farm Use Fill Application submitted by Mandeep Athwal for the properties located at 11300 and 11340 Blundell Road proposing to deposit soil for the purpose of improving drainage and transitioning to a machine harvest blueberry plantation be endorsed and referred to the Agricultural Land Commission (ALC) for the ALC’s review and decision.

the words “be endorsed” be replaced with the words “satisfies city conditions.”

The question on the amendment motion was not called as in reply to queries from Council, staff advised that (i) this is the only opportunity for Council to provide input on this matter, (ii) conditions can be placed on this application prior to Agricultural Land Commission approval to ensure all City requirements have been met, (iii) should the soil not meet city standards, work would be suspended, (iv) a stop work order would be issued should the applicant not comply to conditions of the permit, and (v) the applicant must submit a traffic management plan prior to commencing.

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

The question on the main motion which reads as follows:

(1)

That the Non-Farm Use Fill Application submitted by Mandeep Athwal for the properties located at 11300 and 11340 Blundell Road proposing to deposit soil for the purpose of improving drainage and transitioning to a machine harvest blueberry plantation satisfies City conditions and be referred to the Agricultural Land Commission (ALC) for the ALC’s review and decision; and

(2)

That staff advise Council on the efficacy of the software used to track the soil depositing process prior to the project’s completion.

was then CARRIED with Cllr. Wolfe opposed.

In accordance with Section 100 of the Community Charter, Cllr. Day declared to be in a conflict of interest as her husband owns a short-term rental business, and Cllr. Day left the meeting – 8:10 p.m.

13.

Review of Licencing and Enforcement of Short-Term Rentals 
(File Ref. No. 12-8275-01; XR 12-8060-20-10067, 10068, 10069, 10070, 10089; 08-4431-03-1) (REDMS No. 6201134 v. 7; 6343639; 6251022; 6251025; 6251055; 6250855; 6251043; 6251061)

R19/19-8

It was moved and seconded

(1)

That Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 10066, to clarify the definition of Boarding and Lodging, be introduced and given first reading;

(2)

That a business licencing program for Short-Term Boarding and Lodging be introduced and:

(a)

That, subject to the 2020 one-time expenditure process, a new temporary Full-Time Licence Clerk position be approved as a one-time expenditure to be reviewed after 12 months in order to administer the business licencing program; and

(b)

That each of the following Bylaws be introduced and given first, second and third readings in order to implement a licencing program, including new ticketing provisions, for Short-Term Boarding and Lodging:

(i)

Business Licence Bylaw No. 7360, Amendment Bylaw No. 10067;

(ii)

Business Regulation Bylaw No. 7538, Amendment Bylaw No. 10068;

(iii)

Municipal Ticket Information Bylaw No. 7321, Amendment Bylaw No. 10069;

(iv)

Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 10070; and

(v)

Consolidated Fees Bylaw No. 8636, Amendment Bylaw No. 10089; and

(3)

That, subject to the 2020 one-time expenditure process, the addition of two temporary full-time bylaw enforcement officers, as described in this staff report “Review of Licencing and Enforcement of Short-Term Rentals” dated October 1, 2019, from the General Manager, Community Safety be approved as a one-time expenditure to be reviewed after 12 months.

The question on the motion was not called as in reply to queries from Council, staff noted that (i) boarding and lodging currently exists within Richmond Bylaw 8500 to allow two boarders and lodgers for all types of residential units, (ii) this report outlines further regulations to that bylaw, (iii) the proposed licencing program requires a business licence for boarding and lodging activities, (iv) a sole-proprietorship structure is not being recommended as it would reduce compliance, (v) a registry will be available to search locations of licenced boarding and lodging sites, and (vi) unpaid bylaw violation tickets will be on the land title.

Discussion ensued with regard to restricting boarding and lodging to a sole-proprietorship structure, and as a result, the following amendment motion was introduced:

R19/19-9

It was moved and seconded

That recommendation 2b be amended to the following:

That each of the following Bylaws to limit short-term boarding and lodging to operations run by individual property owners be introduced and given first, second and third readings in order to implement a licencing program, including new ticketing provisions, for Short-Term Boarding and Lodging.

The question on the amendment motion was not called as discussion ensued regarding concerns with limiting individuals that are allowed to rent and restricting boarding and lodging and potentially impacting affordable housing supply.

The question on the amendment motion was then called and it was DEFEATED ON A TIE VOTE with Mayor Brodie, Cllrs. Loo, McNulty, and McPhail opposed.

There was agreement to deal with the recommendations separately.

The question on Parts (1) (2a) and (3) were called and it was CARRIED with Cllrs. Greene and Wolfe opposed.

The question on Part (2b) was then called and it was CARRIED with Cllrs. Au, Greene and Wolfe opposed.

Cllr. Day returned to the meeting – 8:32 p.m.

14.

Richmond Council Code of Conduct  
(File Ref. No. 01-0105-22) (REDMS No. 6319868 v. 4; 6319870)

R19/19-10

It was moved and seconded

That the Richmond Council Code of Conduct as presented in Attachment 1 of the report titled, “Richmond Council Code of Conduct,” from the Director, Corporate Programs Management Group, dated November 8, 2019 be approved.

The question on the motion was not called as materials were distributed (attached to and forming part of these Minutes as Schedule 2) and discussion took place on utilizing a third party to review complaints and clarifying expectations of Council interactions and revising and reviewing the code of conduct as needed.

As a result of the discussion, the following amendment motions were introduced:

R19/19-11

It was moved and seconded

That the words “the process” be added after “the City” in Section 7.2 of the Richmond Council Code of Conduct.

CARRIED

R19/19-12

It was moved and seconded

That the first sentence of Section 8.1 of the Richmond Council Code of Conduct, which states the following:

“It is not the role of individual members and appointees to report directly on City-related business.”

be removed.

CARRIED
Opposed: Cllr. McNulty

R19/19-13

It was moved and seconded

That the phrase “in which case the member will include an ‘in my opinion’, or similar disclaimer” be added following the phrase “decision of Council” in Section 7.1 of the Richmond Council Code of Conduct.

CARRIED

Discussion further ensued regarding (i) removing section 8.3 (c) after receiving legal advice from the City’s Law Department, (ii) concerns with various parts of the Code of Conduct, (iii) Council members’ responsibility to monitor their social media platforms, (iv) utilizing a third party to review complaints, and (v) retaining section 8.3 (c) as it ensures Council members are open minded when making decisions.

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

R19/19-14

It was moved and seconded

That the following be added after section 15.4 of the Richmond Council Code of Conduct:

If the parties involved are unable to resolve a complaint directly after discussion, Council may resolve it or may refer the complain to an independent third party chosen by all the parties who shall provide within 90 days a report outlining non-binding recommendations for Council resolution. The Corporate Officer shall receive and retain all such reports when provided.

The question on the amendment motion was not called as discussion took place on (i) the fairness of the procedure, (ii) complainants having the right to involve a third party when they choose, and (iii) retaining a third party at the beginning of a Council term.

In reply to queries from Council, staff advised that (i) 90 days is sufficient for a third party to write a report, should a 30 day informal discussion between Council not be sufficient, (ii) through research of other municipalities, the third party investigator is chosen based on the situation that arises, and (iii) the complainant would initially approach the Mayor and CAO, triggering the 30 day informal discussions.

The question on the amendment motion was then called and it was CARRIED with Cllrs. Day, Greene and Wolfe opposed.

Discussion took place on deleting section 8.3 (c) and as a result the following amendment motion was introduced:

R19/19-15

It was moved and seconded

That Section 8.3, subsection (c) be removed from the Richmond Council Code of Conduct.

The question on the amendment motion was not called as discussion took place on (i) the necessity and implications of removing this section, (ii) leaving the section in the Richmond Council Code of Conduct, and (iii) the expectation of the public that Council have an open mind when considering items in an agenda.

The Chair stated that the removal of Section 8.3, subsection (c) from the Richmond Council Code of Conduct is not an indication of Council being opposed to the need for impartiality but a recognition of Council members being entitled to their opinions.

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

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

PLANNING COMMITTEE

15.

Application by Dagneault Planning Consultants Ltd. for ALR Non-Farm Use at 9500 No. 5 Road 
(File Ref. No. 08-4105-20; AG 18-842960;) (REDMS No. 6337160)

R19/19-16

It was moved and seconded

That the Agricultural Land Reserve application by Dagneault Planning Consultants Ltd. at 9500 No. 5 Road to allow non-farm uses for the development of a school and accessory supporting uses on the westerly 110 m of the site and undertake agricultural improvement works and implement the farm plan on the remaining backlands portion of the site, as outlined in the report dated November 4, 2019 from the Director of Development, be endorsed and forwarded to the Agricultural Land Commission.

The question on the motion was not called as materials were distributed (attached to and forming part of these Minutes as Schedule 3). Discussion took place on (i) denying this application as the original Assembly use for No. 5 Road properties did not include non-religious groups, (ii) forwarding this application to the Agricultural Land Commission (ALC) as it would be beneficial to the City, (iii) clarification on regulations for development on Agricultural Land Reserve (ALR), (iv) consulting with the Richmond School District for surplus properties for the proposed school, and (v) clarification if there is a formal agreement in place between the City and the ALC regarding the property.

In reply to queries from Council, staff advised that the existing policies adopted by the Agricultural Land Commission and the City make reference to assembly zoning on ALR land, which includes religious and non-religious uses.

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

R19/19-17

It was moved and seconded

That the Application by Dagneault Planning Consultants Ltd. for ALR Non-Farm Use at 9500 No. 5 Road be referred back to staff to clarify restrictions, regulations and the understanding between the City and the Agricultural Land Commission regarding the backlands on No. 5 Road and this property in particular.  

The question on the referral motion was not called as discussion ensued regarding timing of reporting back and staff advised that information could be provided by the next Council meeting.

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

The question on the main motion was then called and it was DEFEATED with Cllrs. Au, Day, Greene, McNulty, Steves and Wolfe opposed.

MAYOR MALCOLM BRODIE

16.

APPOINTMENT OF MEMBER OF COUNCIL AS A LIAISON TO A CITY ADVISORY COMMITTEE 
(File Ref. No. 01-0100-30-MCEN1-01)

R19/19-18

It was moved and seconded

That Councillor Chak Au be appointed as the Council representative to the Minoru Centre for Active Living Program Committee until November 9, 2020.

CARRIED

ANNOUNCEMENTS

Mayor Brodie announced the following 2020 Advisory Committee appointments:

Sister City Advisory Committee

Two-year term to expire on December 31, 2021:

§   

Joan Page

§   

Sue Tian

§   

Jenny Zhang

§   

Victor Zhuo

§   

Allen Chan

§   

Charan Gill

§   

Helen Quan

§   

Melissa Zhang

Advisory Design Panel

Two-year term to expire on December 31, 2021:

§   

Michael Cheung

§   

Christopher Lee

§   

Patrick Schilling

Child Care Development Advisory Committee

Two-year term to expire on December 31, 2021:

§   

Agnes Lee

§   

Rowena Raber

§   

Zolzaya Tuguldur

Seniors Advisory Committee

Two-year term to expire on December 31, 2021:

§   

Peter Chan

§   

Narcisa Llano

§   

Ihsan Malik

§   

Judith Nixon

§   

Francoise Tsang

Mayor Brodie announced that the Early Childhood Development Hub at 6340 No. 3 Road be named Seedlings Early Childhood Development Hub.

BYLAWS FOR ADOPTION

R19/19-19

It was moved and seconded

That the following bylaws be adopted:

Lane Closure and Removal of Lane Dedication Bylaw No. 9851

Alexandra District Energy Utility Bylaw No. 8641, Amendment Bylaw No. 10085

Oval Village District Energy Utility Bylaw No. 9134, Amendment Bylaw No.10086

City Centre District Energy Utility Bylaw No. 9895, Amendment Bylaw No.10087

Municipal and Regional District Tax Imposition Bylaw No. 9631, Amendment Bylaw No. 10099

CARRIED

R19/19-20

It was moved and seconded

That the following bylaws be adopted:

Waterworks and Water Rates Bylaw No. 5637, Amendment  Bylaw No. 10113

Drainage, Dyke and Sanitary Sewer System Bylaw No. 7551, Amendment Bylaw No. 10114

Solid Waste & Recycling Regulation Bylaw No. 6803, Amendment Bylaw No. 10115

CARRIED

R19/19-21

It was moved and seconded

That Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9293 be adopted.

CARRIED

R19/19-22

It was moved and seconded

That Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9533 be adopted.

CARRIED

DEVELOPMENT PERMIT PANEL

R19/19-23

17.

It was moved and seconded

(1)

That the minutes for the Development Permit Panel meeting held on November 14, 2019, and the  Chair’s report for the Development Permit Panel meeting held on May 30, 2019, be received for information; and

(2)

That the recommendation of the Panel to authorize the issuance of a Development Permit (DP 17-772227) for the property at 11671 & 11691 Cambie Road be endorsed, and the Permit so issued.

CARRIED

ADJOURNMENT

R19/19-24

It was moved and seconded

That the meeting adjourn (9:39 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, November 25, 2019.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (Claudia Jesson)