General Purposes Committee Meeting Minutes - June 18, 2001

Date:

Monday, June 18^th, 2001

Place:

Anderson Room
Richmond City Hall

Present:

Acting Mayor Linda Barnes, Chair
Councillor Malcolm Brodie (4:02 p.m.)
Councillor Derek Dang
Councillor Lyn Greenhill
Councillor Kiichi Kumagai
Councillor Bill McNulty
Councillor Harold Steves

Call to Order:

The Chair called the meeting to order at 4:00 p.m.

It was moved and seconded

That the minutes of the meeting of the General Purposes Committee held on Monday, June 4^th, 2001, be adopted as circulated.

CARRIED

MR. PHILIP TRAYNOR, REGARDING THE ESTABLISHMENT OF A MOBILE PASTRY AND MUFFIN BUSINESS

Mr. Traynor advised that the proposed amendments to the Business Licence and Regulation Bylaws dealing with mobile vendors would have a negative impact on his mobile pastry/muffin business. At the request of Mr. Traynor, the General Manager, Finance & Corporate Services, Jim Bruce, came forward to provide further information on the matter.

Mr. Bruce advised that Mr. Traynor would like to sell muffins and other baked goods to various businesses with only one or two staff in their shops. He stated that because the food to be sold by Mr. Traynor would be pre-wrapped, Mr. Traynor was not required to complete the Health Departments "Food Safe" Program. Mr. Bruce advised that adoption of the proposed amendments to the Business Regulation Bylaw would prohibit Mr. Traynor from selling these products within 200 metres of any premises which offer the same or similar items for sale.

Mr. Traynor, in concluding his presentation, reiterated that the proposed amendments would have a negative impact on his business and would jeopardize his ability to provide for his family. He added that other mobile vendors shared his concerns.

Discussion ensued among Committee members, the delegation and staff on the matter, during which the following information was provided

with reference to the mobile vendors who operate in the Light Industrial Parks where many small cafes and food establishments were located, these vendors would experience the same problem as Mr. Traynor, in that they would not be permitted to operate within 200 metres of any food establishment;

the distance of 200 metres was chosen based on incidents which had occurred at the Steveston Salmon Festival

a Licence Inspector had recently been hired by the City to undertake weekend inspections, and this individual would be working at the Steveston Salmon Festival to ensure that the mobile vendors were in compliance with City regulations

Mr. Traynors business was scaled to accommodate the needs of offices and small stores

the proposed amendments to the Business Regulation Bylaw were the result of direction to staff to prepare amendments to enforce restrictions on mobile vendors operating in the area of Garry Point and Steveston, but had ramifications for all mobile vendors operating in the City

staff had considered the impacts of adopting the proposed amendments, and had determined that there was no other way, other than not having any restrictions as long as the vendor was continually moving, irrespective of how far the vendor was from a similar establishment.

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

It was moved and seconded

That the matter of the negative impact of the proposed amendments to enforce restrictions on mobile vendors be referred to staff for review and comment.

The question on the motion was not called, as staff were requested to (i) examine the inequities of the proposed amendments, and (ii) find a viable solution to the problem to minimize the impact of restrictions on all mobile vendors, other than those working at the Steveston Salmon Festival.

Questions were raised about the ramifications of not adopting the proposed bylaw amendments at the June 25^th Regular Council Meeting, and advice was given that the current bylaw regulations would allow Licence Inspectors to enforce restrictions at the Steveston Salmon Festival. Further information was given that consideration had been given to requiring all mobile vendors to obtain business licences. Mr. Bruce added that non-profit organizations would not be required to obtain such a licence.

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

The Chair referred to a request from Mr. Raymond Chung to appear as a delegation at this afternoons meeting to express his views about the requirement that all vendors in his "Starlight Night Market" operation obtain business licences.

At the request of the Chair, Mr. Bruce explained that Mr. Chung was concerned that each vendor was required to obtain a business licence to participate in the "Night Market" event. He stated that if the City intended to enforce the bylaw regulations, all vendors would be required to obtain business licences.

It was moved and seconded

That the matter of requiring business licences for all vendors participating in the "Night Market" event be added to the agenda as an additional item, and that Mr. Raymond Chung be permitted to address the Committee on this matter.

CARRIED

MR. RAYMOND CHUNG, REGARDING THE REQUIREMENT THAT ALL VENDORS PARTICIPATING IN THE "NIGHT MARKET" OBTAIN BUSINESS LICENCES

Mr. Chung advised that in 2000 he had organized a family-oriented indoor market at the Continental Shopping Centre, the purpose of which was to (i) encourage young people to set up businesses, and (ii) promote multiculturalism in the City. He stated that at that time, he had only been required to obtain one business licence which encompassed all the vendors. However, he had received notification from the City within the past week that the vendors would be required to obtain business licences, at a cost of $50 each. Mr. Chung advised that because the market only operated on weekends during the summer for a total of 36 days, the cost of the licence fee could discourage those vendors who only intended to participate for one weekend.

Mr. Chung stated that the 2001 "Night Market" was planned to start on June 29^th at the Lansdowne Shopping Centre, and that a number of vendors had already signed contract with him to participate in this event. He advised that the vendors were discouraged and frustrated about having to obtain business licences because of the additional expense incurred. Mr. Chung urged the Committee to require only him, as the organizer, to obtain one business licence which would cover all the vendors for the period of the entire event.

Discussion ensued among Committee members, the delegation and staff on the matter, during which the following information was provided

the organizer of the 2000 event should have paid for business licences for each vendor who participated, however, because the event was undertaken on a trial basis, the requirement to obtain individual business licences was waived

for the event to take place this year, business licence fees were required from every vendor participating in the night market; the current bylaw did not provide the option of allowing the event organizer to purchase one business licence on behalf of a group of vendors

the "Night Market" is a commercial and cultural event and acted as a fundraiser for such organizations as the St. Johns Ambulance, and would take place at Lansdowne Shopping Centre, on Fridays, Saturdays and Sundays, commencing June 29^th for a total of 36 days

collection of the business licence fee from the vendors (many of whom had already signed contracts with Mr. Chung) prior to the June 29^th opening night was a problem because of the short notice provided to Mr. Chung that these fees were required

the fee of $50 had been prorated as if the event was taking place after August 1^st

the business licence fee was normally $100 per year, whether the vendor operated 2 days or 2 weeks; if a vendor applied for a licence half way through the year, the fee would be $50

Mr. Adrian Chen, consultant, advised that the amount of the fee was not an issue, it was the timeframe in which advice had been provided by the City that the vendors were required to obtain business licences. He urged the Committee to consider the negative impact which such a requirement would have on the vendors.

Discussion continued, during which questions were raised about the feasibility of requiring a business licence from each vendor commencing with the July 6^th night market. In response to that suggestion, Mr. Bruce advised that if the Committee was agreeable, enforcement could begin on that date, which would give Mr. Chung sufficient time to advise his vendors of the business licence requirements.

As a result of the discussion, Mr. Bruce advised that he would take the suggestion as direction from Committee that enforcement would commence with the July 6^th night market. He was also requested to inform Mr. Chung in writing that enforcement of the business licence regulations would commence on that date. Mr. Bruce added that he would also be sending a letter to each of Mr. Chungs vendors to explain the requirements and the action being taken.

2001 CIVIC BY-ELECTION 
(Report: June 11/01, File No.: 8125-25-01) (REDMS No. 387398)

It was moved and seconded

That the City Clerk prepare a Civic Election Administration and Procedure Bylaw to authorize the following:

the use of the Provincial Voters List;

voting at large;

the use of the automated vote counting system;

the extended use of mail ballots and the elimination of "mobile polls"; and

the Chief Election Officer to establish advance voting days,

and take no further action on the following:

random ordering of names on ballot;

limiting the number of scrutineers;

establishing additional general voting opportunities;

resolving a tied vote by "lot draw"; and

requiring nomination deposits.

The question on the motion was not called, as City Clerk Richard McKenna responded to questions from Committee members on:

the feasibility of using the Provincial Voters List

the use of and promotion of mail ballots

the selection of a date for the by-election

the selection of advance voting dates; and

limiting the number of scrutineers permitted at a voting place.

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

It was moved and seconded

That Item (ii) of those issues to be excluded from the bylaw be deleted, and that the proposed Civic Election Administration and Procedure Bylaw include a clause to permit a maximum of two scrutineers per candidate at each voting place.

CARRIED

The question on the main motion, as amended, was then called, and it was CARRIED.

CANCELLATION OF THE AUGUST 13^TH REGULAR COUNCIL MEETING
(Report: June 11/01, File No.: 0105-01) (REDMS No. 442214)

It was moved and seconded

That the August 13^th Regular Council Meeting be cancelled, in accordance with the provisions of the Council Procedure Bylaw.

CARRIED

PROGRAMMING STRATEGY FOR CITY HALL
(Report: June 5/01, File No.: 7140-20-CH) (REDMS No. 381637)

It was moved and seconded

That staff proceed with Phase Three of the City Hall Programming Strategy and report to the General Purposes Committee in six months.

The question on the motion was not called, as discussion ensued among Committee members and staff on the proposed request of the Hong Kong Shanghai Bank of Canada (HSBC) to hold a financial symposium and trade show at City Hall in September. Concern was expressed about taking business away from local hotels and about whether the proposed recovery fee would pay for all expenses incurred by the City through the demands placed on clerical staff, building service workers and security to hold the event at City Hall.

In response, advice was given by the Manager, Customer Services, Anne Stevens, that the organizers of the event had initially contacted a local area hotel, however, that facility was unavailable for the time requested. She further advised that the proposed fee would only be a partial recovery of costs, and that the recovery fees from larger events held were used to help offset costs for smaller events.

The General Manager, Community Safety, Chuck Gale, stressed during the discussion that it was not the intention of the City to compete with the private sector, and that rates charged by the City would be equal or greater than those charged privately.

Reference was made to the event being proposed by the HSBC, and the comment was made that the fee paid by that company should be for the full cost of holding the event at City Hall, rather than only a partial recovery.

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

CITY HALL SPECIAL EVENTS LIAISON
(Report: June 7/01, File No.: 1810-01) (REDMS No. 440545)

Ms. Stevens briefly reviewed the report with the Committee.

It was moved and seconded

That the creation of a PCC for the exempt position of "City Hall Special Events Liaison", be approved.

The question on the motion was not called, as discussion ensued among Committee members and staff on the rationale for requiring the position to be exempt.

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

It was moved and seconded

That the report (dated June 7^th, 2001, from the Manager, Customer Services), regarding "City Hall Special Events Liaison", be referred to staff for discussion with representatives of CUPE Local 718 on the hours of work for "City Hall Special Events Liaison" the position, which would be a union position.

The question on the motion was not called, as discussion continued on whether the position should be a union or exempt position. In response to questions, the Chief Administrative Officer George Duncan provided information to Committee on the criteria for having a position made exempt.

Concern was expressed about whether the Union would agree to allowing flexible hours for this position which it was felt was essential because of the many events which were held in the evenings and on weekends. In answer, Mr. Duncan stated that he would address this issue with the Union, and that a report containing a recommendation based on the outcome of the negotiations with the Union, would be submitted to Council.

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

AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2000
(Report: June 11/01, File No.: 1200-02) (REDMS No. 442113)

The Director of Finance, Danley Yip, reviewed the report with the Committee, during which he provided information on the changes which had been made to the reporting structure as a result of new regulations in the Local Government Act.

During the brief discussion which ensued, Mr. Yip provided information on:

why the debenture debt was shown in US dollars

why there were two separate columns in Schedule 1 - "Continuity of Reserve Funds and Reserves", for MRN Rehabilitation Reserve and MRN Reserve Rehabilitation Reserve.

Advice was also given by Mr. Yip that KPMG Chartered Accountants were compiling the annual Management Letter and would be presented to the July 19^th, 2001 meeting of the Finance Select Committee. Mr. Bruce advised that the report would include a comparison between 2000 and 2001 to show the City's response to the suggestions made by KPMG in 2000.

It was moved and seconded

That the City's audited financial statements for the year ended December 31, 2000 be received for information and approved by Council.

CARRIED

STATUTORY RESERVE FUND EXPENDITURE BYLAWS
(Report: June 11/01, File No.:  8060-20-7245/7246/7247/7248/7249/7250/7251/
7252/7253/7254) (REDMS No. 442107, 441950, 131098, 442022, 442009, 441048, 441979, 443824, 441989, 442048, 441946, 441229, 442118, 442095)

It was moved and seconded

That the following Statutory Reserve Fund Expenditure Bylaws, which will fund the 2001 Capital Program, be introduced and given first, second and third readings:

Equipment Statutory Reserve Fund Expenditure Bylaw No. 7245;

Sanitary Sewer Trunk System Construction Statutory Reserve Fund Expenditure Bylaw No. 7246;

Sanitary Sewer Lateral Replacement Construction Statutory Reserve Fund Expenditure Bylaw No. 7247;

Watermain Replacement Statutory Reserve Fund Expenditure Bylaw No. 7248;

Neighbourhood Improvement Statutory Reserve Fund Expenditure Bylaw No. 7249;

Affordable Housing Statutory Reserve Fund Expenditure Bylaw No. 7250;

Public Art Statutory Reserve Fund Expenditure Bylaw No. 7251;

Capital Projects Statutory Reserve Fund Expenditure Bylaw No. 7252;

Development Cost Charges Statutory Reserve Fund Expenditure Bylaw No. 7253; and

Steveston Road Ends Statutory Reserve Fund Expenditure Bylaw No. 7254.

The question on the motion was not called, as reference was made to the Public Art Statutory Reserve Fund Expenditure Bylaw No. 7251, which if adopted, would authorize the expenditure of $400,000 to finance capital works projects. A question was raised as to the nature of projects on which this money would be spent, and whether Council would have the opportunity to approve these projects. In reply, the Manager, Policy Planning, Terry Crowe explained that the funding would be used to increase public education and participation in art, as well as implementing efficiencies. He added that the proposed projects would be submitted to Council for approval before being implemented.

Discussion continued briefly, during which Mr. Yip provided information on the process to be followed to access the funds authorized in each of the statutory reserve fund expenditure bylaws.

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

BUSINESS LICENCE REQUIREMENTS FOR STEVESTON SALMON FESTIVAL
(Oral Report)

Mr. Bruce provided information to the Committee on the Steveston Salmon Festival and the requirement that all vendors would be required to obtain business licences to operate at that event. He noted that of the ten vendors who would required to obtain such licences, eight had already done so. Mr. Bruce advised that to date, there had been no complaints received about the requirement.

TALL SHIPS EVENT
(Oral Report)

Councillor Steves advised that the Tall Ships Society had now been established and that staff had been directed to prepare the application for incorporation of the name as directed by the Societies Act. He asked the approval of Committee to use a portion of the funds set aside for the review of the event to cover the cost of filing the application.

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

It was moved and seconded

That funds be provided from the $82,500 allocated from the Council Contingency Account (approved by Council on June 11^th, 2001) to cover the cost of incorporating the name "Richmond Maritime Heritage Society" as required under the Societies Act; and

That Councillors Bill McNulty and Harold Steves be appointed as the Council Liaison representatives to the Richmond Maritime Heritage Society.

CARRIED

It was moved and seconded

That the meeting adjourn (5:43 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the meeting of the General Purposes Committee of the Council of the City of Richmond held on Monday, June 18^th, 2001.

_________________________________

_________________________________

Councillor Linda Barnes
Acting Mayor

Fran J. Ashton
Executive Assistant