MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, JUNE 6, 2023

MINUTES OF A COUNCIL MEETING

HELD ON TUESDAY, JUNE 6, 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
• S. Jones, Director of Corporate Administration
• I. Leung, Director of Engineering and Parks
• L. Taylor, Director of Development Services
• J. Chow, Senior Planner
• S. Scory, Community Planner
• E. Bolster, Deputy Corporate Officer
• 42 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 Mattson
SECONDED: Councillor MacKenzie

THAT the agenda be amended to include items 8.1 a) 4. g) and h) and 9.2 h) – u);
AND THAT the agenda be approved as amended. CARRIED

3. MINUTES, RECEIPT & ADOPTION OF

a) Minutes of the Special Council meeting held May 15, 2023

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the minutes of the Council meeting held May 15, 2023 be adopted as presented. CARRIED

b) Minutes of the Council meeting held May 16, 2023

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the minutes of the Council meeting held May 16, 2023 be adopted as presented. CARRIED

4. MAYOR’S REPORT

The Mayor noted that three properties were selected as winners for the first View Royal Best in Bloom contest and volunteers were recognized at the annual Volunteer Appreciation Dinner held at the end of May.

5. PETITIONS & DELEGATIONS

a) J. Devonshire, View Royal Climate Coalition and Andrew Gage, West Coast Environmental Law, Re: Sue Big Oil Class Action Lawsuit

Ms. Devonshire noted effects of climate change and requested Council endorse the Sue Big Oil class action lawsuit. She introduced Mr. Gage who spoke to Council regarding the Sue Big Oil lawsuit, specifically, climate change and costs to local governments. He requested that local governments take action to reduce fossil fuel usage; set aside $1 per person for a fund with which to sue large oil companies; join other local governments in filing a class action lawsuit; work to build sustainable housing, food, and transportation systems; and cooperate with Indigenous peoples in doing so.

Council and Mr. Gage discussed money raised by local governments to bring forward a lawsuit, other municipalities who have joined the campaign, legal advice, funding through crowd sourcing rather than local governments, inclusion of regional districts in the lawsuit, and the need for sufficient participation to commence a lawsuit.

6. PUBLIC PARTICIPATION PERIOD

a) T. Hoff, West Urban Developments, spoke to Council regarding the proposed moratorium on rezoning, noting the negative impacts to the development community and community at large should a moratorium be approved.

b) K. Gilbert, 68-14 Erskine Lane, spoke to Council regarding the proposed moratorium on rezoning and expressed appreciation for the motion as she feels it supports livability.

7. BUSINESS ARISING FROM PREVIOUS MINUTES

8. REPORTS

8.1 STAFF REPORTS

a) Development Variance Permit 2023-02 – 81 High Street

1. Report dated May 26, 2023 from the Senior Planner The Senior Planner gave a summary of the report to Council.

Council and staff discussed the requested variance, setbacks, development of the lot, past preservation initiatives at the property, and retention of the rocky outcrop.

2. Comments from the Applicant G. Davies, applicant, discussed options and stated the owners’ wishes to protect Knockan Hill Park.

K. Porter, speaking on behalf of the applicant, noted the hope is to protect Knockan Hill Park while still making a viable subdivision.

K. Tetlow, son of the owner, noted his parents would hope to sell the subdivided land to the municipality for consolidation with Knockan Hill Park and if that is not possible, to build a home on the property that would be sensitive to the environment and preserve views.

Council and Mr. Porter discussed neighbourhood engagement, siting, and a restrictive covenant to protect natural areas.

3. Comments from the Public a) D. Burow, 89 High Street, noted her concerns regarding the proposed variance for 81 High Street, specifically the importance of Knockan Hill Park and the issue of parking on High Street.

b) T. Stewart, noted he is not opposed to development and would be happy with the Town purchasing the property to add to Knockan Hill Park.

c) J. Derby, 282 Pallisier Avenue, spoke to Council regarding the draft Official Community Plan review, moratorium on development, and tree preservation.

4. Correspondence a) Email received May 31, 2023 from D. Screech, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email received May 31, 2023 from D. Screech, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

b) Email dated June 1, 2023 from C. Krusekopf, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the email dated June 1, 2023 from C. Krusekopf, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

c) Letter dated June 1, 2023 from E. Chauncey, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the letter dated June 1, 2023 from E. Chauncey, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

d) Letter dated June 1, 2023 from B. & D. Burow, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the letter dated June 1, 2023 from B. & D. Burow, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

e) Email dated June 2, 2023 from T. Stewart, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the email dated June 2, 2023 from T. Stewart, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

f) Email dated June 2, 2023 from M. Rundell & G. Colby, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the email dated June 2, 2023 from M. Rundell & G. Colby, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

g) Email dated June 2, 2023 from L. Liwiski, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the email dated June 2, 2023 from L. Liwiski, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

h) Email dated June 5, 2023 from C. Benson and G. Smith, Re: Development Variance Permit – 81 High Street

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

THAT the email dated June 5, 2023 from C. Benson and G. Smith, Re: Development Variance Permit – 81 High Street be received for information. CARRIED

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

C-73-23 THAT Development Variance Permit No. 2023-02 for 81 High Street be issued and include the following variance to Section 5.14 of Zoning Bylaw No. 900, 2014:

• reduce the side lot line setback requirement from 2.0m to 0.7m to permit the siting of the existing building from a proposed lot line;

AND THAT Development Variance Permit 2023-02 include the following condition:

• that a legal agreement be registered on the titled of the Proposed Lot 2 to maintain a 4.0m building separation from the existing dwelling on Proposed Lot 1 prior to subdivision registration and to the satisfaction of the Approving Officer. CARRIED

b) Environmental Development Permit with Variance 2022-08 – 297 View Royal Avenue

1. Report dated May 19, 2023 from the Community Planner The Community Planner gave a review of the report to Council.

Council and staff discussed the proposed gabion wall, slope, shoreline erosion, and history of the property.

2. Comments from the Applicant L. Malmkvist, biologist, Swell Environmental Consulting Ltd., spoke to Council regarding the need to stabilize shorelines, inability to use a bioengineering approach in this circumstance, and softening of wave action with plantings and voids provided by this approach.

Council and Ms. Malmkvist discussed plantings.

3. Comments from the Public

4. Correspondence

MOVED BY: Councillor Mattson
SECONDED: Councillor Brown

C-74-23 THAT Development Permit with Variance 2022/08 be approved including the following variance to Section 4.6.2 of Zoning Bylaw No. 900, 2014:

• Reduce the minimum required setback from the natural boundary of the sea for a retaining wall from 15.0m to 0.0m;

AND THAT Development Permit with Variance 2022/08 include the following condition:

• The applicant provide a landscape cost estimate and a security deposit in the amount of 120% of the quoted landscape works prior to the issuance of the Development Permit. CARRIED Councillor Rogers opposed

c) Burnside Road W. at Watkiss Way – Signal Retiming Implementation

1. Report dated May 31, 2023 from the Deputy Director of Engineering The Director of Engineering and Parks gave a summary of the report to Council.

Council and staff discussed consulting with the Capital Regional District regarding the Galloping Goose Regional Trail, cost sharing, improving signage, sightlines, and clearing of vegetation.

MOVED BY: Councillor MacKenzie
SECONDED: Councillor Rogers

THAT the report dated May 31, 2023 from the Deputy Director of Engineering titled “Burnside Road W. at Watkiss Way – Signal Retiming Implementation” be received for information. CARRIED

d) Helmcken Road Trestle – Mural Themes

1. Report dated June 1, 2023 from the Corporate Officer The Director of Corporate Administration gave a summary of the report to Council and noted feedback received from the RCMP and ICBC.

Council discussed funding source, theme choice, and safety; and requested that the RCMP and ICBC be consulted regarding the design of the mural.

MOVED BY: Councillor Lemon
SECONDED: Councillor MacKenzie

C-75-23 THAT the mural theme of trees/forest be the basis of the call to artists for the public art acquisition mural project (N-093). CARRIED Councillor Rogers opposed

8.2 COMMITTEE OF THE WHOLE RESOLUTIONS

8.3 OTHER REPORTS

a) Minutes of the Parks, Recreation and Environment Advisory Committee meeting held May 23, 2023

MOVED BY: Councillor Brown
SECONDED: Councillor Mattson

THAT the minutes of the Parks, Recreation and Environment Advisory Committee meeting held May 23, 2023 be received. CARRIED

MOVED BY: Councillor Brown
SECONDED: Councillor Mattson

THAT the recommendation (PREAC-08-23) from the Parks, Recreation and Environment Advisory Committee regarding the Class Action Lawsuit Sue Big Oil be received. CARRIED

MOVED BY: Councillor Brown
SECONDED: Councillor Mattson

C-76-23 THAT the Town of View Royal commit to join a proposed class action lawsuit against large oil, gas and coal companies, contingent upon other BC municipalities joining and raising a minimum amount of $500,000 combined;

AND THAT any money awarded to View Royal as a result of a settlement or court order arising from this lawsuit be used to mitigate any current or future damage caused in View Royal due to climate change;

AND FURTHER THAT the Town send a letter to municipalities in the Capital Regional District encouraging them to commit to join the Sue Big Oil proposed class action lawsuit. CARRIED Councillor MacKenzie opposed

Council requested that upon completion of the revisions by staff, the draft Sustainability Checklist be sent to the Parks, Recreation and Environment Advisory Committee prior to consideration by the Committee of the Whole.

MOVED BY: Councillor Rogers
SECONDED: Councillor MacKenzie

C-77-23 THAT the recommendation (PREAC-09-23) from the Parks, Recreation and Environment Advisory Committee regarding the Project Sustainability Checklist be referred to staff for consideration. CARRIED

9. CORRESPONDENCE

9.1 FOR ACTION

a) Email dated May 31, 2023 from R. Penz, Acting Director, Policy and Engagement, Ministry of Housing, Re: Notification of Housing Supply Act Regulations

MOVED BY: Councillor Mattson
SECONDED: Councillor Lemon

C-78-23 WHEREAS, the Town of View Royal recognizes the urgent need to address the ongoing affordable housing crisis affecting our community and the Province as a whole; and

WHEREAS, extensive development initiatives have been undertaken by the Town to contribute to the resolution of the affordable housing crisis, with notable progress made in this regard; and

WHEREAS, the Minister of Housing has expressed interest in staying informed about the efforts made by municipalities to combat the affordable housing crisis and has requested an update on View Royal’s ongoing development projects;

THEREFORE BE IT RESOLVED THAT Council hereby authorizes and empowers the Mayor and staff to draft a comprehensive response to the Minister of Housing, providing an update on the extensive development initiatives that are currently in progress within the Town of View Royal. CARRIED

9.2 FOR INFORMATION

a) Letter dated May 22, 2023 from K. Gilbert, Film Commissioner, Vancouver Island South Film and Media, Re: Grant in Aid

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the letter dated May 22, 2023 from K. Gilbert, Film Commissioner, Vancouver Island South Film and Media, Re: Grant in Aid be received for information. CARRIED

b) Letter dated May 5, 2023 from M. Little, Chair, Victoria Family Court and Youth Justice Committee, Re: Funding – Pacific Centre Family Services Association’s CRED Program

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the letter dated May 5, 2023 from M. Little, Chair, Victoria Family Court and Youth Justice Committee, Re: Funding – Pacific Centre Family Services Association’s CRD Program be received for information. CARRIED

c) Email dated May 31, 2023 from B. Ferguson, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated May 31, 2023 from B. Ferguson, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

d) Email dated May 31, 2023 G. Holman, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated May 31, 2023 from G. Holman, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

e) Email dated May 31, 2023 from L. Lustig, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated May 31, 2023 from L. Lustig, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

f) Email dated June 1, 2023 from E. Alldritt, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 1, 2023 from E. Alldritt, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

g) Email dated June 1, 2023 from R. Isaac and G. Graham, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 1, 2023 from R. Isaac and G. Graham, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

h) Email dated June 4, 2023 from K. Foster, Re: Sue Big Oil Class Action Lawsuit and Rezoning Pause

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 4, 2023 from K. Foster, Re: Sue Big Oil Class Action Lawsuit and Rezoning Pause be received for information. CARRIED

i) Email dated June 4, 2023 from J. Racz, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 4, 2023 from J. Racz, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

j) Email dated June 4, 2023 from J. Roach, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 4, 2023 from J. Roach, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

k) Email dated June 5, 2023 from B. Screen and K. Kirkpatrick, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from B. Screen and K. Kirkpatrick, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

l) Email dated June 5, 2023 from D. & S. Brown, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from D. & S. Brown, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

m) Email dated June 5, 2023 from M. Lloyd, Re: Official Community Plan Renewal

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from M. Lloyd, Re: Official Community Plan Renewal be received for information. CARRIED

n) Email dated June 5, 2023 from S. & D. Brown, Re: Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from S. & D. Brown, Re: Moratorium on Rezoning Applications be received for information. CARRIED

o) Email dated June 5, 2023 from I. Brown, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from I. Brown, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

p) Email dated June 5, 2023 from H. Pridie, Re: Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from H. Pridie, Re: Moratorium on Rezoning Applications be received for information. CARRIED

q) Email dated June 5, 2023 from C. Campbell, Re: Sue Big Oil Class Action Lawsuit and Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from C. Campbell, Re: Sue Big Oil Class Action Lawsuit and Moratorium on Rezoning Applications be received for information. CARRIED

r) Email dated June 5, 2023 from M. Repas, Re: Sue Big Oil Class Action Lawsuit

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from M. Repas, Re: Sue Big Oil Class Action Lawsuit be received for information. CARRIED

s) Email dated June 5, 2023 from S. Barnes, Re: Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from S. Barnes, Re: Moratorium on Rezoning Applications be received for information. CARRIED

t) Email dated June 5, 2023 from K. Fabris, Re: Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 5, 2023 from K. Fabris, Re: Moratorium on Rezoning Applications be received for information. CARRIED

u) Email dated June 6, 2023 from D. Thurlbeck, Re: Moratorium on Rezoning Applications

MOVED BY: Councillor Mattson
SECONDED: Councillor Rogers

THAT the email dated June 6, 2023 from D. Thurlbeck, Re: Moratorium on Rezoning Applications be received for information. CARRIED

10. BYLAWS

a) Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1117, 2023 A Bylaw to Amend the Zoning Bylaw CD-1: Comprehensive Development Zone

MOVED BY: Councillor Rogers
SECONDED: Councillor Mattson

THAT Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1117, 2023 be adopted. CARRIED

11. NEW BUSINESS

a) Appointments

1. Appointment to the Intermunicipal Advisory Committee on Disability Issues

MOVED BY: Councillor Brown
SECONDED: Councillor Rogers

C-79-23 THAT Councillor Brown be appointed as the representative and Councillor MacKenzie be appointed as an alternate to the Intermunicipal Advisory Committee on Disability Issues to June 30, 2024. CARRIED

b) Imposition of a Six-Month Moratorium on Rezoning – Mayor Tobias

MOVED BY: Mayor Tobias
SECONDED: Councillor Brown

WHEREAS, the View Royal Council recognizes the need for careful consideration and strategic planning of development activities within our municipality;

WHEREAS, various factors necessitate a through assessment of significant current development, alignment with forthcoming provincial housing legislation, and the Official Community Plan;

WHEREAS, the Council acknowledges the importance of providing a conducive environment for sustainable and responsible growth;

WHEREAS, the Council seeks to ensure that all development initiatives align with the long-term goals and interests of the community;

WHEREAS, the Council understands the value of public input and engagement in decision-making processes;

THEREFORE BE IT RESOLVED THAT:

1. the municipal Council hereby imposes a moratorium on all new development activities within the municipality for a period of six months, effective from this date
2. during this moratorium, only complete new development applications shall be considered, as mandated by section 460 of the Local Government Act, the Town is obliged to “consider” every Official Community Plan, rezoning and permit application.
3. the purpose of this moratorium is to allow for comprehensive evaluation, strategic alignment, and review of existing development, provincial housing legislation, and the Official Community Plan.

DEFEATED Councillors Lemon, MacKenzie and Rogers opposed

12. QUESTION PERIOD

a) G. Creed, questioned why there is a need for a new Official Community Plan.

13. MOTIONS & NOTICES OF MOTION

a) Reallocation of Mural Funds – Councillor Rogers

Councillor Rogers requested that his notice of motion regarding reallocation of mural funds be withdrawn.

14. RISING REPORT

15. CLOSED MEETING RESOLUTION

MOVED BY: Councillor MacKenzie
SECONDED: Councillor Lemon

THAT there is a need to have a meeting closed to the public and persons other than the immediate members of Council, officers, and employees of the Town, and those identified under Section 91 (2) of the Community Charter shall be excluded on the basis of Section 90 (1)(f) – enforcement. CARRIED

16. TERMINATION

MOVED BY: Councillor MacKenzie
SECONDED: Councillor Lemon

THAT this meeting now terminate. Time: 10:32 p.m. CARRIED