October 26, 2020 - Minutes (Special)

Place:

Council Chambers
Richmond City Hall

Present:

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

Corporate Officer – Claudia Jesson

Call to Order:

Mayor Brodie called the meeting to order at 4:01 p.m.

RES NO.

ITEM

ENGINEERING AND PUBLIC WORKS DIVISION

1.

13740 Westminster Highway – Unauthorized Watercourse Crossing and Decorative Wall Update 
(File Ref. No.: 01-0270-02-2020-053, 10-6045-07-02) (REDMS No. 6536637 v .3, 6491986, 6527686, 6511999, 5975465, 6548164)

Jason Ho, Manager, Engineering Planning, provided background information and the following was noted:

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in January 2018, the City received a Watercourse Crossing Permit application from the property owners;

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the permit was rejected as the watercourse is in a Riparian Management Area (RMA) and therefore not eligible for an infill;

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the property owners proceeded to infill the watercourse and installed a culvert without City approval; the property owners also constructed a decorative wall on top of the unauthorized watercourse crossing on a portion of the property that is in the RMA;

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the culvert works installed in the watercourse do not meet the City’s Engineering Design Specifications; and

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under the current unauthorized conditions, the boulevard experiences substantial surface ponding and the City cannot access its infrastructure.

In reply to queries from Council, staff provided the following information:

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the property owners would require provincial approval to infill the watercourse as it is in a RMA;

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any neighbouring properties with an infilled watercourse likely are not in a RMA or the works were completed prior to the establishment of the Riparian Areas Regulation;

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the property owners were first notified that such works were unauthorized when the Watercourse Crossing Permit application was rejected by the City in 2018; once staff learned that the works were proceeding, the City sent correspondence and posted stop work orders advising that the works underway must cease; the City also issued fines;

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in order to infill the watercourse, the property owner would first require provincial approval, and if provincial approval were granted, the watercourse infill would have to meet the City’s Engineering Design Specifications;

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even if the property owner received provincial approval to infill the watercourse, the current installation would have to be completely removed and redone due to the installation of substandard engineering infrastructure;

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a RMA is not registered on title; and

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staff are unaware of any concerns related to rodents or safety.

Gurbax Panesar, 13740 Westminster Highway, stated that she had trees planted along the frontage of her property for the protection of her grandkids and dog when her home was initially built.  She advised that the City required that the trees be removed.

Ms. Panesar then stated that she retained the services of Madrone Environmental Services, which was very costly, and followed the recommendations of their report.  She spoke to concerns of having an open watercourse at the front of her property, noting that her dog has fallen into the ditch and hurt itself, her grandkids are afraid to play in her front yard for fear of falling into the ditch, and rodents are throughout the ditch.  Ms. Panesar then commented on the uncleanliness of the ditch, remarking that it is not cleaned.  As a result of these issues, Ms. Panesar stated that she had no choice but to infill the watercourse and to build the decorative wall as a buffer between the road and her property.

Ms. Panesar then commented on adjacent properties with infilled watercourses, and was of the opinion that the City was not applying its regulations consistently and fairly.  She acknowledged that what she did was wrong but that she felt she had no choice since there were no alternative solutions.

In reply to a comment by Council, Ms. Panesar stated that she had to build the decorative wall for safety as her house is situated close to the road.  Also, she remarked that she had installed a fence but was told by the City to remove it.

In reply to queries from Council, Mr. Ho provided the following information:

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the fence was required to be removed as it was installed on City property;

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a fence would be permitted if it were situated outside the RMA and on the homeowners’ property;

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staff could follow up with the property owners’ environmental consultant as it relates to identified measures to protect and maintain the RMA; and

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the property owners were advised of the option to seek provincial approval when they were first notified that their permit was rejected as the watercourse is in a RMA.

SP20/10-1

It was moved and seconded

That the remedial action orders imposed on Swarn Singh Panesar and Gurbax Kaur Panesar, as the registered owners of 13740 Westminster Highway as per Council Resolution R20/15-4 (adopted on consent at the September 14, 2020 Regular (Open) Council meeting) be upheld.

CARRIED

ADJOURNMENT

SP20/10-2

It was moved and seconded

That the meeting adjourn (4:29 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, October 26, 2020.

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Mayor (Malcolm D. Brodie)

Corporate Officer (Claudia Jesson)