Date:

Monday, May 5, 2008

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie, Chair
Councillor Linda Barnes
Councillor Cynthia Chen
Councillor Derek Dang
Councillor Evelina Halsey-Brandt
Councillor Sue Halsey-Brandt
Councillor Rob Howard
Councillor Bill McNulty
Councillor Harold Steves

Call to Order:

The Chair called the meeting to order at 4:02 p.m.

It was moved and seconded

That the following two matters be added to the agenda as additional items:

(1)

Jet fuel terminal and pipeline; and

(2)

Christmas lights in Steveston

CARRIED

MINUTES

1.

It was moved and seconded

That the minutes of the meeting of the General Purposes Committee held on Monday, April 21, 2008, be adopted as circulated.

CARRIED

DELEGATION

Linda Henriksen and Wolfe Strecko, members of the Board of Directors of the Hamilton Community Association, addressed the Committee regarding issues related to childcare in Hamilton. During her presentation Ms. Henrikson posed several questions related to the City’s plans to support childcare in Hamilton. A copy of Ms. Henrikson’s submission is attached as Schedule 1 and forms part of these minutes.

Mr. Strecko shared concerns related to advice provided by City staff regarding Hamilton area projects. He listed the top priorities for Hamilton as: (i) childcare (ii) the need for a library branch and fitness facility; and (iii) the provisions of multi-purpose space. Mr. Strecko requested that the priorities for services in Hamilton be raised, and that provision for childcare be addressed. A copy of Mr. Strecko’s submission is attached as Schedule 2 and forms part of these minutes.  

A discussion ensued between Joe Erceg, General Manager, Planning and Development, Cathryn Carlile, General Manager - Parks, Recreation & Cultural Services, and Committee members about:

§ 

a feasibility study for Hamilton Community Space and the associated RFP which would be posted by late May 2008 and closing in June 2008;

§ 

the challenges related to expediting the feasibility study due to insufficient staff resources;

§ 

the high costs of developing the former Fire Hall site, resulting in consideration being given to alternative options including renovation of the Hamilton Bowling Lanes to accommodate childcare, and purchase and renovation of residential property;

§ 

a proposal from a local developer to possibly develop the Old Fire Hall site, and provide a space for childcare facilities, as well as the use of provincial funds for the finishing and furnishing of the facility;

§ 

Geotechnical issues associated with development in Hamilton;

§ 

the possibility of working with the Richmond Board of Education to implement childcare;

§ 

requirements and availability of funding for childcare purposes;

§ 

the number and size of the current developments in the Hamilton area, and whether they were large enough to provide funds towards a childcare site;

§ 

the substantial rise in cost of modular buildings, and the suitability of a permanent building rather than a modular for childcare use;

§ 

the feasibility of obtaining provincial funding and partnership opportunities; and

§ 

the need to complete the feasibility study prior to the capital budget process.

It was moved and seconded

That the letter (written by Linda Henrikson, dated April 23, 2008) and other documents provided by the Hamilton Delegation be referred to staff for comment.

The question on the motion was not called, as further discussion took place about development options and funding opportunities.

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

PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT

2.

UBCM Healthy Food and Beverage Sales Grant 2008

(Report:  April 14, 2008, File No.:  03-1087-01) (REDMS No. 2437609, 2401120)

It was moved and seconded

That the application for the Union of BC Municipalities’ Healthy Food and Beverage Sales Grant Program (Phase 1) be approved for submission and, if successful, that the grant funding be used to improve healthy food and beverage choices for those who use and work at the City’s recreation facilities and local government buildings.

The question on the motion was not called, as members of Committee provided comments related to the benefits of the grant and its success, as well as the role of the Board of Education. Staff advised that if the grant was received there would be a mandatory requirement for compliance with the guidelines outlined in the project.

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

3.

Application by Lions Communications Incorporated for a Temporary Commercial Use Permit at 12631 Vulcan Way

(Report:  April 21, 2008, File No.:  TU 08-412295) (REDMS No. 2432897)

Brian J. Jackson, Director of Development, advised that the technical issues associated with the application, including parking, had been addressed, and that it was recommended that the application move forward to the Public Hearing to be held on May 20^th, 2008.

A discussion took place between members of the Committee and staff, and the following was noted:

§ 

off street parking requirements had increased, and a total of 1256 spaces had been secured;

§ 

provisions to shut down vendors conducting illegal activity had been put into the contract between the applicant and the vendors. The contract would be between the applicant and the vendors;

§ 

police officers would be on site during the event to address counterfeiting issues;

§ 

the applicant proposed to address the illegal parking and traffic issues by hiring five staff members, as well RCMP and City Bylaw Staff. It was noted that the applicant would pay for the overtime hours worked at the Richmond Night Market by RCMP and City Bylaw Enforcement Staff.

§ 

the applicant would provide janitorial staff and bins for garbage collection;

§ 

the Temporary Commercial Use Permit (TUP) application would be for a period of two years; and

§ 

concerns associated with patrons of other retailers in the Richmond Night Market vicinity having to register, receive and place a parking ticket in their vehicle prior to shopping during the Richmond Night Market event.

Representing Lions Communications, Paul Cheung accompanied by Alyn Edwards, Communications Manager, and Phillip Moy, Advisor, spoke about his past experience related to event planning, and the benefits that the event would provide for the City of Richmond.

During the ensuing discussion, and in answer to questions, Mr. Cheung provided the following advice:

§   

the event would provide jobs for Richmond residents;

§   

the 2008 Summer Night Market would offer many improvements compared to previous years, including an increased number of traffic control staff and janitorial staff;

§   

Lions Communications Inc. was fully committed to ensuring that counterfeit products would not be sold. Any activity related to the sale of counterfeit products would result in a shutdown of the vendor and be reported to the RCMP. Vendors would be made aware of this by a clause that had been translated in Chinese to be read by all vendors;

§   

training would be provided to Night Market staff on identification and prevention of sale of counterfeit products;

§ 

the applicant would pay for the services provided by the RCMP, and if the RCMP were unavailable, then private security guards would be on standby;

§ 

a Night Market staff member would be dedicated to recycling, and consideration was being given to having vendors use recyclable paper products;

§ 

the applicant was prepared to fund an increase in RCMP if required;

§ 

a contingency plan had been developed in case the opening of the Night Market needs to be delayed;

§ 

in order to identify the number of tourists compared to locals attending the Night Market, a survey would be made available to Night Market attendees;

§ 

in an effort to address traffic concerns, (i) parking attendants would be directing vehicles into spaces, (ii) parking lots would be identified by names, and that information would be available on the internet, (iii) the need for additional public transit would be monitored, and if required, Translink had offered to provide additional buses, and (iv) a shuttle bus may also be available; and

§ 

sewer lines were already in place and would only require to be hooked up.

A copy of Mr. Paul Cheung’s submission is attached as Schedule 3 and forms part of these minutes.

Raymond Cheung, Target Event Production Ltd., and founder of the Richmond Night Market, accompanied by Paul Smith of Smith’s IP, spoke about the growth of the market and advised that he was optimistic about restarting the Richmond Night Market event at a new location in 2009.

Mr. Cheung expressed several concerns associated with Lions Communications Ltd., including that Lions Communications Inc. had approached area retailers with a letter that had lead to confusion about who would be operating the 2008 Night Market. Mr. Cheung also indicated that Target Event Production Ltd. was seeking legal action against Lions Communications Inc., for copyright infringement.

Mr. Smith, Legal Counsel for Raymond Cheung, and Target Event Production Ltd, made reference to a letter he had sent to the City requesting removal of unauthorized reproductions of Target Events’ contracts and applications submitted to the City by Lion’s Communications Ltd. as part of their application. Mr. Smith also provided further details about the legal action taken against Lions Communications related to copyright and trademark infringement.

Representatives from the Canadian Anti-Counterfeiting Network (CACN) spoke about concerns related to the sale of counterfeit products at the Night Market.

During the ensuing discussion, and in answer to questions CACN representatives also made comments related to:

§   

the link between counterfeit products and organized crime;

§   

how some counterfeit products could pose serious safety hazards;

§   

the option of pre-screening vendors for the Night Market;

§   

the establishment of penalties that would hold both the vendors and operators liable; and

§   

the limited resources available to the RCMP and the challenges associated with enforcement of crimes involving counterfeit products.

During the discussion, CACN representatives were requested to provide the City with clauses and other material that could be considered by City Council in addressing the issue of counterfeit product sales.

In answer to questions staff advised that the City’s Business License Bylaw could provide enforcement opportunities in response to the sale of counterfeit products in Richmond.

Members of the RCMP provided the following comments related to the Night Market:

§   

general policing problems, not including the issue of counterfeit products, had been fairly manageable, and two police officers should be sufficient;

§   

parking and traffic flow issues had been streamlined in recent years, and the RCMP had dealt with issues related to aggressive drivers or those who do not obey flag people rather than parking and traffic flow issues; and

§   

additional resources should be added for RCMP to address issues related to the sale of counterfeit products, as copyright infringement is outside of general duty RCMP officers, and this overtime cost had been paid for through the RCMP budget in the past. 

In answer to questions staff advised that if additional RCMP were needed within the City to respond to an emergency issue during the times of the Night Market event, those officers would be reassigned.

It was moved and seconded

That:

(1)

That the application of Lions Communications Incorporated for a Temporary Commercial Use Permit for the property at 12631 Vulcan Way be considered at the May 20, 2008 Public Hearing at 7:00 pm to be held in the Council Chambers of Richmond City Hall, and that the following recommendation be forwarded to that meeting for consideration:

“That a Temporary Commercial Use Permit be issued to Lions Communications Incorporated for the property at 12631 Vulcan Way for the purposes of permitting a Summer Night Market between May 30, 2008 to October 5, 2008 inclusive and May 15, 2009 to October 4, 2009 inclusive based on the conditions and requirements outlined in the Temporary Commercial Use Permit and attached Schedules”

provided that the conditions and requirements outlined in the Temporary Commercial Use Permit and attached Schedules be amended to include provisions for an additional RCMP officer with the full cost to be paid by the applicant to combat the issue of counterfeit products, and that the bond be increased accordingly.

(2)

That the Public Hearing notification area be expanded to include all the properties within the area bounded by River Road to the north, No. 5 Road to the west, Bridgeport Road to the south and Knight Street to the east.

The question on the motion was not called, as further discussion took place about the costs related to increasing RCMP counterfeiting operations. It was also noted that Mr. Raymond Cheung had not had an opportunity to respond to comments made by the representatives from the CACN.

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

It was moved and seconded

That:

(1)

staff explore the issue of counterfeiting and whether the City’s Bylaws and procedures are sufficient;

(2)

staff liaise with the Canadian Anti-Counterfeiting Network regarding prevention, education, enforcement, and policy related to counterfeiting;

(3)

staff report back to the Community Safety Committee.

4.

Jet fuel terminal and pipeline

A discussion took place about land located in South East Richmond that may be proposed for a terminal for jet fuel, and a pipeline that could be put in place through the City to supply the jet fuel to a tank farm located at YVR. It was noted that a pipeline already exists, however due to its age and capacity an additional pipeline would be required. It was also noted that stakeholder and public consultations would take place.

It was moved and seconded

(1)

That the matter be referred to staff to review the proposal from YVR for the new Jet Fuel Terminal and Pipeline; and

(2)

That a letter be sent to the CAO of YVR and to the City’s representative on the Board of the Airport Authority, requesting that the City be provided with information and an update related to the Jet Fuel Terminal and Pipeline project.

The question on the motion was not called, as direction was given that in due course, information related to the Jet Fuel Terminal and Pipeline be forwarded to the Advisory Committee on the Environment (ACE). A discussion took place about the location for the jet fuel terminal, and possible environmental implications. In addition, staff was requested to provide a map of the existing pipeline to members of the Committee.

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

5.

Christmas lights in steveston

Staff were requested to investigate if the City owned the lights on the building scheduled to be demolished at No. 1 Road and Moncton in Steveston.

ADJOURNMENT

It was moved and seconded

That the meeting adjourn (7:13 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, May 5, 2008.

_________________________________

_________________________________

Mayor Malcolm D. Brodie
Chair

Shanan Dhaliwal
Executive Assistant, City Clerk’s Office