July 18, 2016 - Minutes

Date:

Monday, July 18, 2016

Place:

Anderson Room
Richmond City Hall

Present:

Mayor Malcolm D. Brodie, Chair
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Call to Order:

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

AGENDA

The Chair advised that the order of the agenda would be varied to consider Item No. 2 last.

MINUTES

It was moved and seconded

That the minutes of the meeting of the General Purposes Committee held on July 4, 2016, be adopted as circulated.

CARRIED

DELEGATIONS

1.

Tracy Lakeman, CEO, Tourism Richmond and Eda Koot, Chair, Tourism Richmond provided an update and overview regarding 2015 and 2016 Tourism Richmond accomplishments and highlights in the 2015 Annual report and offered the following additional comments:

§   

there was a continued trend of high hotel occupancy rate in Richmond in 2015 (78.5%) and year to date in 2016 (75.6%);

§   

two major research projects were completed in 2015, including conducting visitor surveys throughout the year in high-traffic visitor locations that will continue to guide Tourism Richmond priorities;

§   

in 2016 there is continued promotion of the Tourism Richmond brand, Far East meets West Coast, and the launch of a new website;

§   

there are new campaigns to be launched in 2016 in continuation of the 365 Days of Dining campaign, including a dumpling campaign and a destination campaign planned for the fall; and

§   

Tourism Richmond will be submitting a full application with Destination Marketing Association International (DMAI) for Destination Marketing Accreditation Program (DMAP) accreditation renewal this year.

FINANCE AND CORPORATE SERVICES DIVISION

2.

Council policies on provincially regulated liquor establishments

(File Ref. No.) (REDMS No. 4831881 v. 15)

Please see page 9 of these minutes for action on this item.

3.

Application to Amend Food-Primary Liquor Licence - The Parks and People Holdings Ltd. Doing Business As Cocoru, Unit 2140-8391 Alexandra Rd.

(File Ref. No. 12-8275-30-001) (REDMS No. 5055970)

In response to a question from Committee, Carli Edwards, Manager, Customer Services and Licencing, commented that any complaints received regarding a business are investigated and if there are any concerns, there are a number of ways to address issues, including suspension of the business licence and adjusting liquor service hours back to the original liquor licence times.

It was moved and seconded

That the application from The Parks and People Holdings Ltd., doing business as, Cocoru, for an amendment to increase their hours of liquor service under Food Primary Liquor Licence No. 306690 from 9:00 a.m. to midnight Monday to Sunday to 9:00 a.m. to 2:00 a.m. Monday to Sunday, be supported and that a letter be sent to the Liquor Control and Licensing Branch advising that:

(1)

Council supports the amendment for an increase in liquor service hours as the increase will not have a significant impact on the community;

(2)

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

(a)

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

(b)

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

(c)

Given that there has been no history of non-compliance with the operation, the amendment to permit extended hours of liquor service under the Food Primary Liquor Licence should not change the establishment such that it is operated contrary to its primary purpose;

(3)

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

(a)

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

(b)

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

(4)

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

(a)

That based on the number of letters sent and the lack of response received from all public notifications, Council considers that the amendment is acceptable to the majority of the residents in the area and the community.

CARRIED

COMMUNITY SERVICES DIVISION

4.

Garden City Lands Park Development Plan

(File Ref. No. 06-2345-20-GCIT1) (REDMS No. 5061956; 5071741; 5071878)

Mike Redpath, Senior Manager, Parks, Jamie Esko, Manager, Park Planning- Design/Construction and Kevin Connery, Research Planner 2, with the aid of presentation boards depicting information included in the staff report and attachments, provided an update to the Garden City Lands site investigations, design process and consultation process and offered the following additional comments:

§   

the Garden City Lands development plan report is a brief overview of the proposed development plan that is consistent with the 2015-2016 Capital Development Program which proposes the phased implementation of amenities, including an exterior 3.2 kilometer trail around the perimeter, installation of the water management infrastructure and active community farming on site;

§   

since the Garden City Lands legacy landscape plan was endorsed in 2014, staff have been working in several different ways to address the challenges of designing the site where the main challenge is to balance protecting and enhancing the bog while enabling agriculture and community uses on the site;

§   

in 2015 hydrological monitoring began to survey water levels on the site and this will continue as construction of the park moves forward;

§   

in September 2015 the water and ecological resource management strategy was commissioned to further study site conditions and the implications of the changes that are proposed;

§   

the consultant team on the water and ecological resource management strategy included bog specialists, hydrological engineers, civil engineers and ecological experts to address the site conditions and the proposed plan;

§   

the water and ecological resource management strategy started with a site assessment, hydrological investigation and agricultural assessment of the soils and drainage requirements, the results were these key findings and used in the development of the park development plan;

§   

in February 2016, the services of a design consultant team, including landscape architects, hydrological engineers, ecologists, agricultural specialists and bog specialists, were retained to do site design based on the water and ecological resource management strategy findings and the original landscape legacy plan;

§   

design team did some detailed design studies and prepared options for consideration at public consultation and the result was the park development plan;

§   

representatives from nine stakeholder groups went through the findings and their implications;

§   

two public open houses were held where details of the potential development plan were available and staff generally received support for the proposal;

§   

staff have continued to consult with the Advisory Committee on the Environment, the Agricultural Advisory Committee and the Agricultural Land Commission to ensure in compliance with policies and regulations in Agricultural Land Reserve;

§   

park development plan still respects the principles of the legacy plan, one difference, however, is the proposed middle barrier, a central dike, recommended in order to separate the bog and area of the field;

§   

staff are still in the refining stage of the dike, working with engineering staff and consultants to determine the best location and materials to be utilized;

§   

the orchard area and perimeter edges will be lined with a native forest to add further design to the site and ecological merit;

§   

the trail systems will include a number of different trails universally accessible for the public;

§   

Phase 1 of the park development plan includes the perimeter trail system, including separate bike and pedestrian trails, the central dike and prepping five acres of property for farming and some water infrastructure will be phased in as the Project unfolds and is required; and

§   

staff are committed to an ongoing monitoring program to learn about agricultural operations and water systems.

In response to questions from Committee, Mr. Redpath commented that the 2014 endorsed legacy landscape plan was for guiding the purposes of the property and provided a range of potential activities and programming for the site including how residents could enjoy the space once development is completed.

In response to a question from Committee, Mr. Connery noted that the proposed barrier of the dike in the development plan will be one of the pioneering explorations of this work and there are no other similar circumstances or environments like it in Richmond. Mr. Connery added that the installation of the barrier would be continually monitored and the findings of its development shared.

In response to queries from Committee, Mr. Redpath stated that (i) staff are looking into utilizing accessible crushed gravel for the trail system, (ii) Kwantlen Polytechnic University is working with the City to develop land designated for farming purposes, (iii) the proposed native forest would contain plants and trees, including fruit bearing trees, consistent with native species within the Agricultural Land Reserve and (iv) $4.4 million of the original budget remains with funds spent getting to this stage of development.

It was moved and seconded

That the Garden City Lands Park Development Plan, provided as Attachments 1 through 9 and as detailed in the staff report titled “Garden City Lands Park Development Plan,” dated June 30, 2016, from the Senior Manager, Parks, be received for information.

The question on the motion was not called discussion ensued regarding (i) the sourcing of native plant and tree species, (ii) the restoration strategy for the bog and (iii) the suitability of the soil for agricultural practices.

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

PLANNING AND DEVELOPMENT DIVISION

5.

George Massey Tunnel Replacement Project –application to Agricultural Land Commission on Highway 99 widening for Transportation, Utility and Recreational Trail Use

(File Ref. No. 01-0150-20-THIG1) (REDMS No. 5057276 v. 4)

The Chair referred to the staff memorandum dated July 15, 2016 from the Director, Transportation (copy on file, City Clerk’s Office), that includes a suggested amendment to part 3 of the staff recommendation, as outlined in the staff report.

In response to questions from Committee, Victor Wei, Director, Transportation stated that (i) the Ministry of Transportation and Infrastructure (the Ministry) has not included any design drawings of moving the telecommunication tower that is at the corner of Sidaway Road and Steveston Highway but would be able to build within the existing highway area, (ii) staff assessed the validity of the traffic statements in the application that 59% of traffic from Highway 99 is coming into Richmond and  that research completed approximately 10 years ago shows about a 50-50 split between Richmond and Vancouver, which is comparable to the research included in the application,  (iii) staff have questioned Ministry staff about using blue tooth technology as a way of tracking and have not received any information back to confirm the numbers, (iv) staff would prefer to leave respective property owners with land in the proposed widening zone to negotiate with the Ministry directly and that so far property owners have not expressed concerns over the loss of land and (v) staff believe that claims of a net gain in land in the application are vague as the measurements that the application is proposing are very high level with no information of how it will be obtained as the commitment would be dependent on a third party.

Mr. Wei, with the aid of two maps, as provided in Attachment 5 of the staff report, noted that the reclaimed lands outlined on the map in the blue area represent what will be taken away for the highway expansion and the pink area is the reclaimed land that will be given back from current highway use. Mr. Wei added that the Ministry will let property owners adjacent to the open land lease it. He further noted that the some of the application’s claims would rely on City involvement in order to deliver and staff recommend that the application not be approved until questions have been sufficiently answered.

Discussion ensued with regard to (i) the future capabilities and quality of the reclaimed land proposed by the Ministry application, (ii) the proposed acquisition the City land comprising the Gardens Agricultural Park and (iii) consultations with the property owners in the proposed reclaimed land areas.

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

It was moved and seconded

That a letter be sent to the Provincial Agricultural Land Commission:

(1)

Requesting that the following further detailed information, as outlined in the attached report, be provided by the Ministry of Transportation and Infrastructure regarding its application for Transportation, Utility and Recreational Trail Use along the Highway 99 corridor to allow for the widening of Highway 99 as part of the George Massey Tunnel Replacement Project:

(a)

Substantiate the claims of transportation benefits and specify how Rice Mill Road could become a farm route alternative to Steveston Highway without assuming any improvement costs to be borne by the municipality;

(b)

Demonstrate how the Project will maintain, protect and enhance the City’s riparian management areas and environmentally sensitive areas on both sides of Highway 99 through a net gain approach;

(c)

Clarify how topsoil conservation will be undertaken;

(d)

Ensure that the highway right-of-way identified for potential return to agricultural use will be farmed upon completion of the Project;

(e)

Clarify how the Project will improve the highway right-of-way identified for potential return to agricultural use;

(f)

Conduct a soils analysis study to better document and assess the soil capability of the parcels required for the Project and the highway right-of-way identified for potential return to agricultural use; and

(g)

Validate that the highway right-of-way identified for potential return to agricultural use will be improved to a soil capability class equal to or better than that of the parcels required for the Project to ensure a net gain in soil quality, not just total area;

(2)

Expressing the following concerns regarding the proposed acquisition of a parcel of the City land comprising the Gardens Agricultural Park:

(a)

Reduction in the overall size of the park by 17.8 percent;

(b)

Reduction in the size of the park elements of the community gardens, agricultural demonstration gardens, and parking lot by 50 percent;

(c)

Impact on the approved park design such that a new park design process must be undertaken including public consultation; and

(d)

Additional costs and resources required to undertake the park design process; and

(3)

Expressing concern that the Province is taking farm land from the west side of Highway 99 as opposed to the east side, as property on the west side of Highway 99 is dedicated to farming purposes pursuant to agreements between the City of Richmond and third parties in the Agricultural Land Reserve; and

(4)

Requesting that the approval of the application not be granted until the above information is submitted for further review and the above issues are considered by the Agricultural Land Commission and the City of Richmond, as well as other relevant stakeholders such as the Agricultural Advisory Committee, to be satisfactorily addressed.

The question on the motion was not called as the following amendment motion was introduced:

It was moved and seconded

That Part (1)(d) be removed from the main motion.

The question on the amendment motion was not called as discussion ensued with regards to removing the reference to farming the returned land upon completion of the Project.

The question on the amendment motion was then called, and it was DEFEATED with Mayor Brodie, Cllrs. Au, Dang, Day, Johnston, McNulty, McPhail and Steves opposed.

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

FINANCE AND CORPORATE SERVICES DIVISION

2.

Council policies on provincially regulated liquor establishments

(File Ref. No.) (REDMS No. 4831881 v. 15)

In accordance with Section 100 of the Community Charter, Councillor McPhail declared to be in a conflict of interest as her husband has an interest in a beer and wine store in Richmond, she then left the meeting (5:28 p.m.) and did not return.

Carli Edwards, Manager, Customer Services and Licencing referenced the staff memorandum dated July 18, 2016 from the Director, Administration and Compliance (copy on file, City Clerk’s Office), that includes a suggested amendment to part 3 of the staff recommendation and a revised Zoning Bylaw 8500, Amendment Bylaw 9591 to include a definition for “Grocery store” in addition to the bylaw amendments presented in the staff report. Ms. Edwards reviewed current Council policies on Provincially regulated liquor establishments and the new Provincial regulations as detailed in the staff report and memorandum from July 18, 2016, and included the following additional comments:

§   

the staff memorandum amends part 3 of the staff recommendation by adding the definition of “Grocery store” to the proposed Richmond Zoning Bylaw 8500, Amendment Bylaw 9591 and provides a matrix that outlines which policies currently exist, the new Provincial regulations and what new City policies are being proposed;

§   

City policy in context of the report, is referencing policies related to liquor and wine store sales, there are no substantive changes to bar or restaurant establishments or to the City approval process;

§   

the changes in the staff report deal only with retail sale of liquor and wine and differentiate liquor from wine;

§   

the new Provincial regulations would allow wine sales in grocery stores;

§   

current City policy and rezoning treat wine only stores and liquor  stores as the same as they both must be a minimum distance of  500 metres away from schools and parks and any other wine or liquor store;

§   

the new Provincial regulations include an expanded requirement of how close liquor stores, including Provincial liquor stores, can be to each other which has been set at 1 kilometre;

§   

the proposed consolidated City policy recommended by staff would harmonize new Provincial regulations and remove the distance requirement between wine only stores and liquor stores while maintaining the distance requirements between wine only stores and schools or parks;

§   

the proposed zoning amendment separates the definition of a wine store and grocery store in order to treat them separately from a liquor store by allowing wine-only sales in grocery stores without site-specific rezoning;

§   

the zoning requirements for a liquor store remain unchanged and are still site specific and considered by Council;

§   

the new Provincial regulation has clear requirements that make a grocery store eligible to sell wine, including the requirement to primarily sell food; and

§   

in the new consolidated City policy recommended, staff are proposing to allow B.C. only wine sales in grocery stores of a certain size through a liquor licence application and not require site-specific rezoning.  

Discussion ensued with regard to the distance recommendations and criteria in the proposed policy and in the Provincial legislation.

It was moved and seconded

(1)

That the new consolidated Council Policy titled “Applications for Liquor Licences – New or Amended” (Attachment 1), which harmonizes with Provincial legislation by:

(a)

eliminating the 1km buffer requirement for wine stores;

(b)

continuing the requirement for a rezoning process for stand-alone liquor or wine stores and for full liquor sales within a grocery store; and

(c)

reinforcing the requirement for a neighbourhood survey and Council input for all applications for new or permanent changes to liquor licences;

be approved;

(2)

That the following Council policies be rescinded:

(a)

Policy 9003 Neighbourhood Public House Applications – Process for Appropriately Zoned Land;

(b)

Policy 9305 Liquor Primary Licence and Food Primary Liquor Licence – Hours of Operation;

(c)

Policy 9306 Rezoning Applications Intended to Facilitate Provincially Licensed Liquor Primary Uses;

(d)

Policy 9307 Licencee Retail Store (LRS) Rezoning Applications;

(e)

Policy 9308 Temporary Changes to Liquor Licenses – Short Term Requests by Licence Holders;

(f)

Policy 9309 Guidelines for Free Standing Licensee Retail Store (LRS) Rezoning Applications; and

(g)

Policy 9310 Guidelines for Liquor Primary Licensed Establishments Rezoning Applications; and

(3)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9591 to:

(a)

Amend the definition of “Retail, general” and add a definition of “Grocery store” to allow the sale of BC wines in grocery stores; and

(b)

Create a new definition of “Wine store” so that specific regulations can be applied to this use;

be introduced and given first reading.

CARRIED

ADJOURNMENT

It was moved and seconded

That the meeting adjourn (5:49 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, July 18, 2016.

_________________________________

_________________________________

Mayor Malcolm D. Brodie
Chair

Amanda Welby
Acting Legislative Services Coordinator