November 17, 2014 - Minutes

Date:

Monday, November 17, 2014

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie, Chair
Councillor Chak Au
Councillor Linda Barnes
Councillor Derek Dang
Councillor Evelina Halsey-Brandt
Councillor Ken Johnston
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Call to Order:

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

MINUTES

It was moved and seconded

That the minutes of the meeting of the General Purposes Committee held on Monday, October 20, 2014, be adopted as circulated.

CARRIED

DELEGATION

1.

Otto Langer, President, VAPOR Society, accompanied by fellow Directors Barbara Huisman, James Ronback, and Judy Williams, provided an update on the Vancouver Airport Fuel Facilities Corporation’s judicial review and read from a written submission (attached to and forming part of these minutes as Schedule 1).

Judy Williams, Co-Chair, Fraser River Coalition, strongly endorsed the VAPOR Society’s petition, noting that the outcome of the judicial review is critical and therefore Council’s support would be appreciated.

Committee reiterated Council’s continued opposition to the planned jet fuel pipeline and terminal on the Fraser River.  Discussion ensued regarding the court action and Committee queried whether the City should be a part of it, and whether the City should contribute financially towards the VAPOR Society’s legal expenses. 

In response to queries from Committee, Mr. Langer provided the following additional information: 

§   

the judicial review is scheduled for November 26 and 27, 2014, and a ruling is not anticipated until 2015; and

§   

the ruling will not change existing provincial environmental assessment legislation and related public processes.

Also, Mr. Langer stated that he was of the understanding that the City of Surrey had joined the court action challenging Port Metro Vancouver’s Fraser Surrey Docks Coal Transfer Facility and coal barge transportation on the Fraser River; however, Mr. Langer noted that he was not aware whether the City of Surrey was contributing to the legal expenses.

Councillor Steves referenced information pertaining to the City of New Westminster’s direction to apply for intervenor status against the proposed Fraser Surrey Docks Coal Transfer Facility (copy on file, City Clerk’s Office).

In reply to a query from Committee, Mr. Langer commented that the intervenor status would be ideal as it would allow the City of Richmond to appear before the judge for the judicial review.

Discussion ensued with respect to the flawed environmental process, which examined only one option rather than the best options for jet fuel delivery.  Committee expressed support for the principles outlined in Items 1 and 2 on Page 2 of Mr. Langer’s written submission (attached to and forming part of these minutes as Schedule 1); however, it was noted that advice from staff would be required prior to any commitment for financial contribution.

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

It was moved and seconded

(1)

That Richmond City Council remains opposed to the transport of jet fuel on the Fraser River and supports the intent of the VAPOR / Otto Langer Judicial Review case to have the Environmental Certificate quashed so that the VAFFC is required to adopt an environmentally friendly and socially safer mode of transport for jet fuel to YVR;

(2)

That Richmond City Council agrees that the environmental review process as conducted by the BC Environmental Assessment Office and Port Metro Vancouver was not fair, not transparent, and did not properly consult with the public nor address the concerns of the City; and

(3)

That a letter of support reflecting the above principles be provided to VAPOR.

CARRIED

Discussion ensued regarding the potential to obtain legal opinion on the meaning of and obligations associated with the intervenor status, and to clarify the City’s legal position related to the VAPOR Society’s legal action, including any financial contribution toward their legal expenses.  Committee then emphasized Council’s unanimous opposition to the proposed jet fuel pipeline and terminal on the Fraser River.

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

It was moved and seconded

That the VAPOR Society submission be referred to staff to provide options on the City’s legal situation relating to VAPOR’s legal action, including the possibility of intervenor status, and/or financial contributions towards VAPOR’s legal fees.

CARRIED

Committee directed that, if possible, staff provide the legal opinion prior to the Monday, November 24, 2014, Regular Council meeting.  Additionally, the Chair suggested that a Special Council meeting be held immediately following the open General Purposes Committee meeting in order to ratify the main motion, thus allowing the correspondence to be sent to the VAPOR Society in a timely manner.

FINANCE AND CORPORATE SERVICES DEPARTMENT

2.

0973581 BC LTD., DOING BUSINESS AS LEGEND'S PUB, 9031 BLUNDELL ROAD
(File Ref. No. 12-8275-05) (REDMS No. 4329493)

Glenn Jensen, Applicant, accompanied by Jenny Yates, Co-owner, Legend’s Pub, spoke to the proposed Liquor Licence Amendment application and provided the following information:

§   

the extended hours of operation from 9:00 a.m. to 1:00 p.m. would permit the proprietors to better service the community during special events;

§   

approximately $3,500 in application fees and associated costs are incurred for each application to extend business hours for special events, such as the FIFA  World Cup;

§   

they are working with the community to address concerns with regard to potential increased noise and vehicular traffic as a result of the proposed business hours and increased occupancy; also, it is proposed that a free shuttle service for patrons be implemented; and

§   

Building Approvals staff identified the need for expanded washroom facilities in order to accommodate an increased occupant load, and such renovations have been completed.

In response to queries from Committee, Mr. Jensen advised that he is in discussions with the owner of an adjacent commercial property to enter into a parking agreement; however, no formal agreement has been reached.  He was of the opinion that limited vehicular traffic to the Pub was a reasonable solution, as the current growth in the adjacent residential areas would sufficiently support the neighbourhood pub.  Additionally, Mr. Jensen advised that applications have been made for temporary opening and closing hours during special events; however, the costs and fees applicable for each event can be upwards of $3,500.

In reply to a query from Committee, Glenn McLaughlin, Chief Licence Inspector and Risk Manager, advised that the Liquor Control and Licensing Branch (LCLB) would likely not consider a trial licensing period.

It was moved and seconded

(1)

That the application from 0973581 BC Ltd., doing business as Legend’s Pub, for an amendment under Liquor Primary Licence No. 033298 to:

(a)

increase the hours of liquor service from Monday through Thursday 10:00 am. to 12:00 am and Friday through Sunday 10:00 a.m.to 1:00 a.m. to Monday through Sunday from 9:00 a.m. to 1:00 a.m.; and

(b)

increase the occupant load from 160 patrons to 200 patrons;

be supported only for an earlier service at 9 a.m. Monday to Sunday;

(2)

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

(a)

Council supports an earlier service time but does not support later service hours or an increase in their liquor license occupant load.

(b)

Council’s comments on the prescribed criteria (set out in Section 53 of the Liquor Control and Licensing Regulations) are as follows:

(i)

the potential for additional noise and traffic in the area was considered; and

(ii)

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

(c)

as the operation of a licensed establishment may affect nearby residents the City gathered the view of the residents as follows:

(i)

property owners and businesses within a 50 metre radius of the subject property were contacted by letter detailing the application, providing instructions on how community comments or concerns could be submitted; and

(ii)

signage was posted at the subject property and three public notices were published in a local newspaper.  This signage and notice provided information on the application and instructions on how community comments or concerns could be submitted; and

(d)

Council’s comments and recommendations respecting the views of the residents are as follows:

(i)

that based on the letters sent and the responses received from all public notifications, Council considers that an earlier opening would not have an impact on the community; and

(ii)

Council considered the comments received from residents in the area do not support later operating hours or to increase to the establishments’ occupant load.

The question on the motion was not called as discussion ensued regarding the applicant continuing to work with staff to find a favourable solution. 

In response to queries from Committee, Mr. McLaughlin provided the following information:

§   

the LCLB is expecting to issue new regulations for liquor licensing in the second quarter of 2015, which may allow the applicant to take advantage of any changes;

§   

the liquor licensing hours are approved by the LCLB with provisions that allow owners to apply to amend business hours for special occasions;

§   

Council has delegated authority to the Chief Licence Inspector and Risk Manager to approve short-term temporary changes to liquor licensing hours for special occasions at a maximum of two per year per establishment; and

§   

under the Richmond Zoning and Development Bylaw No. 8500, the establishment of neighborhood public houses are restricted to a maximum occupancy of 125 persons.

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

3.

Business Regulation Bylaw 7538, Amendment Bylaw 9191
(File Ref. No. 12-8275-01; 12-8060-007538/009191) (REDMS No. 4384681)

It was moved and seconded

(1)

That Schedule A to Business Regulation Bylaw No. 7538 be amended to include the premises at Unit 170 -3411 No. 3 Road among the sites which permit an Amusement Centre to operate with more than 4 amusement machines; and

(2)

That Business Regulation Bylaw No. 7538, Amendment Bylaw No. 9191, which replaces Schedule A of Bylaw No. 7538 in its entirety with an updated Schedule A listing all addresses which permit an Amusement Centre to operate with more than 4 amusement machines, be introduced and given first, second and third readings.

CARRIED

ADJOURNMENT

It was moved and seconded

That the meeting adjourn (4:41 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, November 17, 2014.

_________________________________

_________________________________

Mayor Malcolm D. Brodie
Chair

Heather Howey
Committee Clerk