MINUTES of a regular meeting of COMMITTEE OF THE WHOLE of the Municipal Council of The Corporation of the District of Oak Bay, held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, April 21, 2008 at 7:30 p.m.

PRESENT:	Mayor C. Causton, Chairman Councillor H. Braithwaite Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Herbert Councillor N. B. Jensen
STAFF:	Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Confidential Secretary, K. Green Director of Building and Planning, N. Beattie Municipal Treasurer, P. Walker Director of Engineer Services, D. Marshall

Mayor Causton called the meeting to order at 7:30 p.m.

FINANCE AND REGULATORY SECTION: (Chairman- Councillor Braithwaite)

1.

2008-114

MUNICIPAL TREASURER, March 31, 2008 Re March 2008 Financial Report

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the March monthly financial reports be received.

CARRIED

2.

2008-115

MUNICIPAL ADMINISTRATOR, March 28, 2008 Re Off-Street Parking Design Standards

Providing the background for the preparation of his report, the Municipal Administrator noted that at its meeting on March 17, 2008, Committee of the Whole considered a cost estimate to resurface and reline the Fireman’s Park parking lot, and acknowledging that the current parking stall standards would not allow any more parking spaces than currently exist on that lot should it be resurfaced, expressed interest in considering a change to the parking standards to allow for smaller parking spaces.

The view was expressed by a Committee member that although he agrees there is a trend towards more small vehicles on the road, there is still a need for wide parking spaces to accommodate the elderly, handicapped, and families with small children needing more room to access their vehicles.

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That correspondence item no. 2008-115 be received.

It was acknowledged by some members of the Committee that amending the Parking Facilities Bylaw to allow for smaller parking spaces does not mean that all existing parking spaces will be reduced or even that all future spaces would be built to the minimum standards, but it would provide more flexibility to include smaller spaces when reconfiguring or creating a parking lot.

Responding to questions, the Director of Engineering Services stated that he felt that a 2.6 metre parking stall width would be reasonable, noting that sometimes a parking lot layout actually results in wider parking stalls in order to fully utilize the parking lot area.

It was acknowledged that despite the fact that many of the existing municipal parking lots would not meet the parking stall requirements of today, they continue to be very well used.

DEFEATED

(Mayor Causton, Councillors Copley and Jensen against the motion)

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the draft Bylaw to amend Bylaw No. 3540, Parking Facilities Bylaw, as attached to correspondence item no. 2008-115, be brought forward to Council for formal consideration.

CARRIED

(Councillors Cassidy and Herbert against the motion)

LAND USE SECTION: (Chairman – Councillor Cassidy)

3.

2008-116 - - 2008-102 2008-102-1 2008-102-2 2008-102-3 2008-102-4

SUPPLEMENTARY DRAWING [Undated] EXCERPT FROM REPORT OF COMMITTEE OF THE WHOLE, April 7, 2008 DIRECTOR OF BUILDING AND PLANNING, April 1, 2008 ARTHUR AND FRIEDA MOUNTAIN, April 2, 2008 JACK KRAHN AND BARBARA MOSSIE, April 3, 2008 GORDON AND BARBARA THOMSON, April 5, 2008 ABDULLAH and ZOHRA SIDDIQUI, March 31, 2008 Re Uplands Building Permit Application – 2835 Lincoln Road

Councillor Cassidy noted that at the last Committee of the Whole meeting the applicant was asked to bring forward photographs or drawings illustrating the fit of the proposed construction with the surrounding homes and to confirm the proposed roof material to be used.

In this regard, Grant Smith and Nan Aulakh, (new homeowners as of May 2, 2008), 2835 Lincoln Road, provided a supplementary drawing (correspondence item no. 2008-116) that more accurately depicts how the proposed construction will look from the street and how it fits with the landscaping. As well, the homeowners circulated pictures that originally inspired the design, and provided an exterior material and colour board for information. Mr. Smith confirmed that the roof material is asphalt shingles.

Ms. Aulakh commented that although the house appears long in the drawing, the view from the front is the same and the footprint of the house will not change from the current one. Ms. Aulakh went on to say that after much deliberation they chose the proposed plan because it would not impact the landscaping or require any tree removal.

Mr. Smith indicated that he spoke with three of the four immediate neighbours about the proposed plans who, he said, have now indicated that they are satisfied with the project as proposed.

Arthur Mountain, 2755 Lincoln Road, said that after meeting with Mr. Smith and reviewing the plans, he has no objection to the proposed construction at 2835 Lincoln Road.

Responding to questions from a member of the Committee, the Director of Building and Planning confirmed that the proposed house conforms to all height and setback regulations, and advised that a significantly larger footprint would be permitted than is proposed.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That it be recommended to Council that the proposed plans for renovations at 2835 Lincoln Road be approved as to siting and architectural design.

CARRIED

4.

2008-117

DIRECTOR OF BUILDING AND PLANNING, April 16, 2008 Re Development Variance Permit Application – 218 Beach Drive

Councillor Cassidy noted that at its April 7, 2008 meeting, Committee of the Whole deferred the development variance permit application for 218 Beach Drive as it was felt that the proposed paved turnaround space seemed excessive and that the applicant should reconsider the space required, or provide a rationale for the extent of the requested variance.

On behalf of the applicant, Dale Dziwenka, Waterform Design Inc., was in attendance to advise that the homeowners have agreed to reduce the paved vehicle turn around area as shown in the new plans.

Mr. Dziwenka answered various questions from members of the Committee regarding the paved area and he noted that one of the two existing driveways will be removed, creating safer accessibility to the property at this busy intersection. Mr. Dziwenka also confirmed that the width of the proposed turnaround area is necessary due to the angle to the house, avoiding the need to make a three point turn as would be required if the area was narrower.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That a resolution authorizing the Director of Building and Planning to issue a development variance permit for 218 Beach Drive, as outlined in correspondence item no. 2008-117, be prepared and brought forward to Council for consideration.

CARRIED

There was consensus to vary the agenda to bring correspondence items no. 2008-121 and 2008-121-1 under the Public Works section forward for discussion at this time.

5.

2008-121 2008-121-1

DIRECTOR OF ENGINEERING SERVICES, April 17, 2008 WATERFORM DESIGN INC., April 2, 2008 Re Boulevard Encroachment Application – 218 Beach Drive

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 218 Beach Drive in the form of landscaping and an irrigation system, as shown on the sketch attached to correspondence item no. 2008-121-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality, and further, obtaining a plumbing permit for the irrigation system.

CARRIED

TRAFFIC SECTION: (Chairman – Councillor Copley)

6.

2008-118

DIRECTOR OF ENGINEERING SERVICES, April 17, 2008 Re Tod Road Traffic

Councillor Copley drew attention to the report (correspondence item no. 2008-118) from the Director of Engineering Services noting that following the speed limit on Tod Road being reduced from 30 kilometres per hour to 20 kilometres per hour, staff was requested to monitor both volume and speed on Tod Road over a six month period and report back to Committee of the Whole. From the report, it was confirmed that vehicle speed has not been reduced and traffic volume has remained the same. It was further noted that the no-parking signs along Tod Road were updated, although vehicles continue to park along Tod Road.

Robert Jack, 2393 Tod Road, said that the changes to the signs and speed limit have had no impact and that vehicles continue to park and speed along Tod Road at all times of the day. However, noted Mr. Jack, the number of school drop-off and pick-ups in the no parking area seems to have improved. The major issue, he said, is when parents or sports participants park along the “no parking” side of the lane, often blocking access. Mr. Jack said that he would not want to see the road blocked with a divider or become a one-way lane, but said he would support a physical deterrent such as speed bumps.

Mr. Jack, responding to questions from Committee members, said the no parking signage on one side of the road is clear and that the residents have on occasion called the police for enforcement, however, as it is likely considered a low priority and the offending vehicle is often no longer parked on the lane by the time the police arrive.

Mr. Jack said he wished to emphasize that Tod Road is more of a narrow lane than a road and is not designed for the volume of use it receives.

Barbara Prendergast, 2423 Hamiota Street, said that she looks onto Willows School playground and has observed that school related traffic has improved. Ms. Prendergast expressed her concern regarding the potential increase in traffic along Tod Road should the proposed development at the corner of Estevan and Dunlevy be constructed.

Judith Murty, 2397 Tod Road, said that she has lived in the area for 21 years and traffic along Tod Road has always been a problem. However, Ms. Murty said, she would not support changing Tod Road to a one-way road but would support installing speed bumps. Ms. Murty advised that the need for emergency vehicle access should be considered in this regard.

Darlene Chase, 2433 Hamiota Street, drew attention to the safety issue for her daughter and other students walking to school along Tod Road amongst the traffic and parked cars, saying it is a disaster waiting to happen. Further, Ms. Chase said in keeping with students and parents being encouraged to walk or bike to school, every effort should be made to create safer routes to schools.

Michael Yakubowich, 2390 Musgrave Street, drew attention to previous discussions at the Committee of the Whole level, noting that changing Tod Road to a one-way should be disregarded as it could create access issues, particularly for the condominium situated at Tod and Cadboro Bay Road where the residents would be required to enter and exit from Tod Road and travel the full length of Tod Road. With respect to emergency vehicle access, Mr. Yakubowich commented that, as an emergency vehicle driver, he felt that both the one-way road and the proposed installation of speed bumps along Tod Road would be unsuitable. Instead, he suggested placing flexible barriers that would deter regular traffic but allow emergency vehicles to drive over them.

There was discussion regarding the various options available to address the concerns raised. After considering the drawbacks of each it was felt that perhaps consideration should be given to installing speed bumps even though this type of remedy is not usually deemed appropriate.

The Director of Engineering Services drew attention to the Police and Fire Department’s previously stated view of installing speed bumps, saying they are not a preferred remedy by either as they limit the ability to respond to an incident in a timely manner. However, if speed bumps were to be installed in any event, the Fire Department has requested that they only be installed west of the cul-de-sac.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That Engineering be directed to prepare a report regarding the potential installation of speed bumps on Tod Road for consideration by Committee of the Whole.

It was also recognized by the Committee that the no parking regulations need more enforcement, and as the contravention of those regulations often occurs on weekends, Mayor Causton agreed that he would speak with the Police Department to request that police presence be increased to monitor the area and enforce the regulations.

The question was then called.

CARRIED

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

7.

2008-119 2008-119-1 2008-119-2

DIRECTOR OF ENGINEERING SERVICES, April 17, 2008 LUCIE STUART, October 20, 2006 MARK STUART, October 20, 2006 Re Underground Services Proposals (Beach Drive & Penzance Road)

Mayor Causton declared a conflict inasmuch as his house is located within the area envisaged for installing underground wiring on Beach Drive, indicating that he would be unable to participate in discussion or vote on the matter. Mayor Causton left the meeting at 8:47 p.m.

The Director of Engineering Services noted that periodically the Municipality receives requests to have a utility services buried underground which requires a significant amount of staff time to coordinate.

Mr. Marshall said that the Engineering Department staff has been in contact with BC Hydro with respect to obtaining a detailed cost estimate for the proposed underground wiring along the Chinese Cemetery and along a portion of Beach Drive. Mr. Marshall advised that BC Hydro has indicated that it is reluctant to provide the Municipality with design plans and detailed cost estimates for prospective underground wiring projects without a more firm commitment from the residents that the work will go ahead.

With this in mind, and because undertaking a project funded as a Local Area Service requires detailed cost estimates, the Municipal Administrator advised that there is not enough information for the Municipality to proceed with the required approval process with the property owners who must be informed of the financial impact before making a commitment. Therefore, he said, the Municipality must instead have a petition from the residents agreeing to the levy.

In this regard, he said the process proposed for residents interested in pursuing underground wiring projects adjacent to their properties, as outlined in the memorandum (correspondence item no. 2008-119), would be to coordinate all facets of the project to engage a consultant, and obtain detailed BC Hydro design and cost estimates, after which time if there remained interest at the neighbourhood level, the Municipality would become involved to discuss the project management model and the funding approach.

Roger Tallentire, 2032 Penzance Road, was in attendance regarding his request to consider placing underground wiring adjacent to the Chinese Cemetery at Harling Point. Mr. Tallentire said he had originally canvassed 13 of his neighbours to confirm the level of interest, with ten responding that they would be interested, however, he said that since that time five of the homes have changed ownership.

Mr. Tallentire noted that the Chinese Cemetery is a national historical site, noting his view that underground wiring would be a benefit to the whole community because of the significance of the property.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That correspondence item no. 2008-119 be received.

It was understood that staff would not be pursuing the two underground wiring proposals, and that the residents would be encouraged to undertake the process laid out in the memorandum from the Director of Engineering Services if they still wished to move forward with the project.

The question was then called.

CARRIED

Mayor Causton returned to the meeting at 9:02 p.m.

8.

2008-120 2008-120-1

DIRECTOR OF ENGINEERING SERVICES, April 17, 2008 JOHN TAYLOR, March 11, 2008 Re Boulevard Encroachment Application – 2424 Heron Street

Responding to questions for the Committee, John Taylor, 2424 Heron Street, stated that the new walkway was built to provide access to the driveway, and that the ends of the pathway were flared to improve accessibility for his elderly mother.

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 2424 Heron Street in the form of existing landscaping, a rockery, and a cobblestone walkway, as shown on the sketch attached to correspondence item no. 2008-120-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality, and subject to the cobblestone walkway being grouted or mortared to maintain an even and smooth surface.

CARRIED

9.

2008-122 2008-122-1

DIRECTOR OF ENGINEERING SERVICES, April 17, 2008 PETER AND ERIN MAZZONI, April 15, 2008 Re Boulevard Encroachment Application – 929 Byng Street

Drawing attention to his memorandum, the Director of Engineering Services observed that an increasing number of requests to permit roadside gravelled strips are being received, and over time, approvals of such encroachments could lead to a significant change to the streetscapes.

Peter Mazzoni, 929 Byng Street, said that he only wishes to improve the unsightly non-descript, hard-packed boulevard area by matching his neighbour’s gravelled boulevard.

The Municipal Administrator noted that staff is in a quandary with respect to addressing gravel on boulevards, noting that he has directed staff not to take any action in situations where gravel is limited to appearing to be a two foot ( .6 metre) wide gravel shoulder. In more extensive cases of gravel on the boulevard, he said, adjacent owners have been advised to apply for a boulevard encroachment.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That it be recommended to Council that permission be granted for an encroachment onto the boulevard adjacent to 929 Byng Street in the form of strip of crushed gravel, as shown on the sketch attached to correspondence item no. 2008-122-1, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the meeting of Committee of the Whole be adjourned.

CARRIED

The meeting adjourned at 9:21 p.m.

Certified Correct:

Municipal Clerk	Chairman, Finance & Regulatory Section
Chairman, Land Use Section	Chairman, Traffic Section
Chairman, Public Works Section