MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JULY 4, 2023

TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, JULY 4, 2023 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS

PRESENT WERE: Mayor Tobias Councillor Brown Councillor Lemon Councillor MacKenzie Councillor Mattson Councillor Rogers

REGRETS: Councillor Kowalewich

PRESENT ALSO: K. Anema, Chief Administrative Officer I. Leung, Director of Engineering and Parks L. Taylor, Director of Development Services D. Christenson, Director of Finance J. Chow, Senior Planner A. Heimburger, Engineering Clerk

10 members of the public 0 members of the press

1. CALL TO ORDER

Mayor Tobias called the meeting to order at 7:00 p.m.

The Mayor acknowledged that the meeting is being held on the traditional territory of the Songhees Nation and Esquimalt Nation.

2. APPROVAL OF AGENDA

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT the agenda be amended to include item 9.2(c); AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Council meeting held June 20, 2023

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

THAT the minutes of the Council meeting held June 20, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor thanked participants, volunteers and staff involved in the 2023 Canada Day event; and noted the Island Corridor Foundation’s interest in passenger and hydrogen rail links up Island and their intent to provide the Town with a letter of support.

The Mayor presented R. Matthews with a Mayor’s award for saving the lives of two people at Thetis Lake Regional Park on May 17, 2023.

5. PETITIONS & DELEGATIONS

6. PUBLIC PARTICIPATION PERIOD

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Permit 2023-01 – 2820 Shoreline Drive

1. Report dated June 28, 2023 from the Senior Planner

The Senior Planner gave a summary of the report to Council.

Council and staff discussed history of previous applications, effectiveness of current bylaw with respect to required setbacks in protected areas, consideration of Gorge Waterway Initiative recommendations, and removal and management of invasive species.

MOVED BY: Councillor Brown SECONDED: Councillor Lemon

C-91-23 THAT the issuance of Development Permit No. 2023-01 for 2820 Shoreline Drive be authorized, including the following variances:

• variance to Section 3.8.2 of Zoning Bylaw No. 900, 2014 to permit the construction of retaining walls, stairs, walkways, a patio and a deck within 15.0m of the natural boundary;
• variance to Section 4.6.2 of Zoning Bylaw No. 900, 2014 to reduce the minimum required setback from all lot lines for accessory structures from 1.5 m to 0.0 m;
• variance to Section 5.2.2 (b) of Zoning Bylaw No. 900, 2014 to permit a permeable grass turf paver surface instead of an asphalt, concrete or similar pavement for a driveway surface;

AND THAT Development Permit 2023-01 include the following conditions:

• works are to be conducted in accordance with recommendations of the Biologist Report prepared by Swell Consulting, dated January 4, 2023; and
• a landscape cost estimate and a security deposit in the amount of 120% of the quoted landscape works is to be provided prior to the issuance of the Development Permit. CARRIED

b) View Royal Park Stormwater Management Construction Award

1. Report dated June 27, 2023 from the Director of Engineering and Parks

The Director of Engineering and Parks gave a summary of the report to Council.

Council and staff discussed inflow and infiltration challenge areas and reporting, drainage impacts, locations and scope of the proposed project, including trail realignment and vegetation plantings, and prioritization of future drainage work in View Royal Park.

MOVED BY: Councillor Mattson SECONDED: Councillor Rogers

C-92-23 THAT the View Royal Park Stormwater Management project be awarded to Mitchell Excavating in the amount of $189,703 plus GST, to complete the northern portion of the total project extent. CARRIED

c) Draft Tenant Assistance Policy

1. Report dated June 27, 2023 from the Director of Development Services

The Director of Development Services gave a review of the report to Council.

Council and staff discussed the frequency of a policy review; policy impact on regional housing crisis; recommendations from the Together Against Poverty Society; current in-stream applications and policy applicability; impacts of policy on staff resources; a right of first refusal of 20% or 25% below market rate; and dynamic nature of Canadian Mortgage and Housing Corporation average rent data.

MOVED BY: Councillor MacKenzie SECONDED: Councillor Mattson

C-93-23 THAT the draft Tenant Assistance Policy be adopted with the following changes:

i. Amend Section 2.1 Applicability as follows: This policy applies to rezoning applications that would result in a minimum of three residential rental dwelling units being permanently vacated due to demolition or substantial renovation. This includes rental units both in the primary and secondary rental markets. ii. Amend Section 2.1 Applicability by deleting the following: “Additionally, the policy serves as best practice guidelines for any other applications which may result in the loss of residential rental units, such as applications for Development Permits and Demolition Permits that are not part of a rezoning application.” iii. Amend Section 2.2 Eligible Tenants by deleting the following: “….therefore the property owner must include the end date of the rental agreement with the tenant. Under no circumstance shall tenants be evicted early to get new tenants in at a higher rent. Tenants should be able to remain in place until such reasonable time that demolition is imminent if they choose.” iv. Amend Section 3.1.4. Right of First Refusal as follows: Eligible tenants shall be offered the Right of First Refusal for a comparable rental unit in the new or renovated building at a rent level of 25% below starting market rent levels. v. Amend Section 3.2 Tenant Relocation Report as follows: A Tenant Relocation Status Report shall be completed and submitted to the Development Services Department at the rezoning stage. vi. Amend Section 4 Exemption For Non-Market Housing Applicants by deleting the following: “Non-market housing applicants meeting the criteria outlined in Section 2.1 are requested to submit an overview of relocation assistance provided to eligible tenants as part of their rezoning application. Section 3 should be considered as best practice guidance for the submission.” vii. Amend Section 5 Vacant Units by deleting the following: “the Tenant Assistance Policy may be applied retroactively, if tenants are found to have been evicted prematurely (for example, a notice to end tenancy for demolition was serviced without property permits and approvals in place.” viii. Amend Section 6 Freedom of Information and Protection of Privacy Act by adding language concerning Personal Information Protection Act as per the recommendation from the Town’s legal counsel;

AND THAT a two-year review of the Tenant Assistance Policy report be prepared in 2025. CARRIED Councillors Rogers & MacKenzie Opposed

MOVED BY: Councillor Rogers SECONDED: Councillor Brown

C-94-23 THAT all applications received before July 4, 2023 not be required to comply with the Draft Tenant Assistance Policy TABLED

d) Draft Annual Report for the Year Ended December 31, 2022

1. Report dated June 29, 2023 from the Executive Assistant

MOVED BY: Councillor Lemon SECONDED: Councillor MacKenzie

THAT the Draft Annual Report for the year ended December 31, 2022 be received. CARRIED

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

a) Minutes of the West Shore Parks and Recreation Society Board of Directors meeting held May 11, 2023