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, February 18, 2008 at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor P. Copley Councillor J. 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 Director of Engineering Services, D. Marshall

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

RECREATION SECTION: (Chairman – Councillor Carson)

1. 2008-43 PARKS AND RECREATION COMMISSION, February 6, 2008

2008-43-1 DIRECTOR OF PARKS AND RECREATION, February 13, 2008

Re Minutes of the Meeting / Thrifty Foods Sponsorship

(Agnes Szilos, Director of Parks and Recreation, and Stephen D. Gorman, Chairman, Oak Bay Parks and Recreation Commission, in attendance for this item.)

On behalf of Bays United Soccer, Councillor Braithwaite expressed her appreciation for the support received again this year from the Sports View Lounge during its successful soccer tournament.

Covered Bike Rack Installation – Oak Bay Recreation Centre

Members of the Committee expressed their support for the proposed bike rack, which will encourage more cycling to the Oak Bay Recreation Centre.

The Municipal Administrator noted that a development variance permit may be required with respect to the elimination of the two parking spaces at the Oak Bay Recreation Centre to accommodate the installation of the covered bike rack.

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That the minutes of the meeting of the Oak Bay Parks and Recreation Commission held on Wednesday, February 6, 2008, and the recommendations contained therein, with the exception of the recommendations pertaining to the Victoria Sketch Club and the Oak Bay Art Club, be adopted.

CARRIED

Commercial Activity in Park – Victoria Sketch Club Centennial Event

It was noted that approval was being sought early for the Victoria Sketch Club 2009 centennial event due to the enormous amount of organization required for such an occasion.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That it be recommended to Council that permission be granted to the Victoria Sketch Club to hold an art auction, including the sales of goods and services in connection with the event, at Windsor Park with the proceeds to go to The Land Conservancy, on June 20 and 21, 2009, subject to the organization executing an agreement indemnifying the municipality from any claims arising out of the event and providing evidence of insurability in this regard.

CARRIED

Commercial Activity in Park – Oak Bay Art Club Public Art Show Event

Councillor Carson noted that while not all Parks and Recreation Commission members were in support of this proposed event, feeling that it was too commercial, the majority of the Commission members endorsed it.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That it be recommended to Council that permission be granted to the Oak Bay Art Club to hold a three day public art show at Windsor Park, in May or October of 2008, including the sales of goods and services in connection with the event, subject to the organization executing an agreement indemnifying the municipality from any claims arising out of the event and providing evidence of insurability in this regard.

In response to questions from the Committee, Mr. Cochrane explained that commercial activities are permitted in a park if it is determined by Council that such an activity is ancillary to a not for profit community event for the benefit of the Municipality at large.  Committee members agreed that the proposed event met this criteria.

The question was then called.

CARRIED

Oak Bay Parks and Recreation and Thrifty Foods (Jace Holdings) – Sponsorship Agreement

Councillor Carson declared a conflict of interest with respect to this item indicating he would be unable to participate in discussion or vote on the matter inasmuch as his law firm represents Jace Holdings Ltd. (Thrifty Foods). Councillor Carson left the meeting at 7:40 p.m.

Mayor Causton assumed the Chair.

Referring to her memorandum (correspondence item no. 2008-43-1), the Director of Parks and Recreation) noted that the Intermunicipal program to promote regional active communities initiatives was launched to motivate individuals to move towards a healthier and more active lifestyle. Ms. Szilos noted that the Active Communities Committee is now in the process of launching Phase Two of the regional initiative focusing on the importance of healthy eating and nutrition (such as a “Young Chef on the Run” program), and various other free nutrition seminars for people of all ages throughout the region. The Committee has secured a commitment for corporate sponsorship from Thrifty Foods and therefore approval from Council to enter into an agreement in this regard, on behalf of the District of Oak Bay, is being requested.

Ms. Szilos drew attention to the proposed sponsorship agreement attached to correspondence item no. 2008-43-1 noting that the original agreement would need to be amended to remove the Corporation of Delta and its associated seminars, as Delta will be entering into a separate contract.

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the Director of Parks and Recreation be authorized on behalf of the Municipality, to execute an agreement with Jace Holdings Ltd. (Thrifty Foods) to facilitate awareness programs promoting Active Communities Initiatives in the region, substantially in the form attached to correspondence item no. 2008-43-1, subject to amendments to reflect the withdrawal of the Corporation of Delta and its associated seminars.

CARRIED

Councillor Carson returned to the meeting at 7:44 p.m.

TRAFFIC SECTION: (Chairman – Councillor Copley)

2. 2008-44 DIRECTOR OF ENGINEERING SERVICES, February 13, 2008

2008-44-1 MUNICIPAL ADMINISTRATOR, February 8, 2008

2008-44-2 JOHN SHIPLEY AND NANCY CAMPBELL, January 28, 2008

2008-44-3 JOHN COSSOM, January 28, 2008

2008-44-4 BARRY ARNSDORF, February 1, 2008

2008-44-5 NORTH HENDERSON RESIDENTS’ ASSOCIATION, February 10, 2008

2008-44-6 JOHN SHIPLEY AND NANCY CAMPBELL, February 28, 2008 Re North Henderson Cycle Lanes

Councillor Copley explained that at its January 21, 2008 meeting the Committee of the Whole agreed that Mayor Causton would organize a small committee, which included the Mayor, two members of Council, the Director of Engineering Services, Ed Silva-White and Michael Wilmut, representing the North Henderson residents, and John Luton, representing the cycling community, to meet and work towards developing a plan that would address the needs of residents and cyclists, and be consistent with an appropriate design concept for North Henderson Road.

The Director of Engineering Services described the outcome of the two meetings saying the special committee took into consideration both cyclists and residents and it was agreed to recommend that cycling lanes be installed on each side of North Henderson Road between Gibbs Road and Cedar Hill Cross Road, and to add three traffic islands in the locations indicated on the plan attached to correspondence item no. 2008-44. Mr. Marshall said that the total cost for this proposed project would be $65,000 and that should the plan be approved, the Municipality could seek Provincial funding by way of the LocalMotion Program which provides local governments funding assistance for capital projects aiming to make communities greener, more active and accessible. Mr. Marshall further commented that although a grant application could be sought, it should be noted that some of the dimensions included in the plan are less than those specified in the LocalMotion Program application criteria.

Mayor Causton thanked those that attended the meetings and expressed his appreciation to the special committee for its “Made in Oak Bay” proposal, noting that there were compromises made in order to get to this stage.

The discussion turned to accommodating cycling lanes during the day (7:00 a.m. to 7:00 p.m. was suggested) and residential parking during the remaining hours. With respect to the cycling and parking times proposed in correspondence item no. 2008-44-1, Mr. Cochrane said it is not necessary to confirm Traffic Control Orders at this time as they would be brought forward for consideration at a later date, should the project be undertaken.

Mike Wilmut, 3042 Henderson Road, expressed his appreciation for being included in the special committee formed by Mayor Causton to address this issue. Mr. Wilmut said that following the two meetings the committee sent out 90 letters to North Henderson Road area residents requesting feedback on the proposed plan. Of the 90 residents contacted, Mr. Wilmut noted that 30 responded with the consensus being that most residents preferred the status quo, however if a change is to be made, support of the special committee’s recommendations was expressed with some exceptions. It was recommended by residents that the proposed cycling lane times be reduced by one hour to 7:00 a.m. to 6:00 p.m., that side street and curb lane signage be added, that the 30 kilometres an hour playground zone at the Uplands School site be re-evaluated, and that the flashing lights at the school crosswalk be re-evaluated. In closing, Mr. Wilmut felt that this proposed plan is a fair compromise and urged Council to move forward on this issue.

John Luton, 22 Phillipa Place, Executive Director of the Capital Bike and Walk Society, noted that although he appreciated being a part of the special committee formed to address this issue, he said he was not entirely comfortable with the outcome. Mr. Luton commented that he would prefer to see a more long term and comprehensive plan to facilitate cycling along this corridor, with more of the focus being towards cyclists’ safety that would include parking bays to accommodate around the clock cycling lanes as opposed to dual purpose lanes (street parking/cycling lanes).

Responding to a question from a member of the Committee, Mr. Luton said he felt that with alternating between cycling lanes and parking lanes, there is a potential for confusion and possible hazardous situations for all users along North Henderson Road and that, in his opinion, the status quo is safer in this regard. Having said that, Mr. Luton noted that the plan is a step towards an improved cycling network, although the ideal would be cycling lanes used exclusively for cycling.

Following discussion, and noting the varying views and opinions that have been expressed by the public and by members of the Committee with respect to cycling lanes along North Henderson Road, it was agreed that the proposed cycling lanes and traffic islands plan is a step in the right direction. Members of the Committee further agreed that the shared roadway between bicycles and on-street parking should be emphasized with bicycle route signage and supplemented with shared-use lane markings and signage intended to alert motorists to the presence of cyclists and cyclists to parked vehicles.

Attention was drawn to the varying widths of the cycling lanes proposed and it was noted the narrower lanes in some portions of the road are required in order to accommodate the traffic lane width as determined by BC Transit.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That staff be directed to include the cost of the proposed bicycle lane and traffic/pedestrian islands plan, as described in correspondence item no. 2008-44, being a memorandum from the Director of Engineering Services, within the 2008 Budget for submission to Estimates Committee, and further that an application for funding be made to the Province of British Columbia’s LocalMotion Grant Program.

Lesley Ewing, 3041 Westdowne Road, expressed her concern that the “on and off” cycling lane proposal could pose a safety issue for both cyclists and motorists. She further noted that any potential Provincial funding may be lost due to the proposed intermittent use of bike lanes along the corridor.

With respect to BC Transit requirements, Ms. Ewing said that in many areas throughout Victoria vehicle travel lanes are narrower than the recommended 3.5 meters and that transit buses are able to operate satisfactorily.

The question was then called.

CARRIED

3. -- EXCERPT FROM MINUTES OF COMMITTEE OF THE WHOLE, December 10, 2007

2008-45 ARMSTRONG GROUP, February 7, 2008

2008-45-1 OAK BAY TOURISM COMMITTEE, February 14, 2008

2008-45-2 MICHAEL PRESCOTT, FEBRUARY 1, 2008

2008-45-3 THE BLETHERING PLACE, February 11, 2008

2008-45-4 DAVID AND GAIL BOULTER et al, February 18, 2008

2007-326 DAVID AND GAIL BOULTER, September 7, 2007

Re Uplands Tour Bus Routes

Councillor Copley drew attention to the two recommendations as outlined in the letter received from Armstrong Group (correspondence item no. 2008-45) concerning tour bus routes in Oak Bay and specifically on Ripon Road.

Mayor Causton advised that he had met with representatives from two of the tour bus companies to outline resident and Council concerns in relation to tour buses that were raised at the Committee of the Whole meeting held December 10, 2007. He acknowledged that some residents would like to see the route moved from Ripon Road, however, he said, that would move the problem from one street to another. Perhaps, he said, varying the routes would help address the issues.

John Parker, General Manager, Royal Blue Line, was in attendance to provide a brief overview of Gray Line West and Royal Blue Line and their ongoing role in tourism for the past 18 years. Mr. Parker noted that the bus lines bring many tourists to, and have been very welcomed by, the Oak Bay businesses. He further noted that Oak Bay has always been a highlight for bus tour routes.

Mr. Parker drew attention to the bus line companies’ ‘best practices guide’, as attached to correspondence item no. 2008-45, noting the fact that the companies run efficient and clean (using biodiesel fuel) buses. He also noted that it was the hope of the Armstrong Group, which operates both Grey Line West and Royal Blue Line, that other tour bus operators could be brought on board with adhering to its best practices guide.

Responding to questions from the Committee, Mr. Parker noted that although the route map indicates travel along Lansdowne Road rather than Ripon Road it is on occasion necessary for Royal Blue Line bus drivers to use alternate routes due to traffic or construction, etc., although he was unsure of the actual number of trips down Ripon Road.

Turning to possible solutions with respect to the tour buses using Ripon Road, it was suggested by some members of the Committee to look at possibly staggering the current routes and consider “quiet” commentary sections during the tour.

David Boulter, 3295 Ripon Road, said that he submitted a petition from Ripon Road residents (attached to the amended agenda package), all of whom are in agreement that Ripon Road, between Midland traffic circle and Beach Drive, is a residential side street and a quiet park like neighbourhood and should not be used for heavy commercial traffic.

Mr. Boulter acknowledged the long standing bus tours, however, he said, the number of trips, sometimes with only a handful of passengers, have grown to as many as 60 buses per day during peak summer months.

Mr. Boulter suggested that if the buses were re-routed to Lansdowne Road, Cadboro Bay Road and Beach Drive, it would not have an impact on those residents, tourism or businesses in Oak Bay. He again urged Council to consider addressing this issue as soon as possible.

In response to Mr. Boulter’s suggestion, concerns were expressed by some members of the Committee that restricting buses on one street would only divert traffic onto another street equally affecting those area residents.

Britt Karlstrom 1122 Newport Avenue, expressed her concern that it is the entire community that is the stakeholder and the real issue is pollution. Ms. Karlstrom noted her appreciation for the tour bus companies’ efforts to ‘green’ its fleet.

Following further discussion it was noted that the actual number of tour buses travelling along Ripon Road was uncertain and, when asked by a member of the Committee, the Director of Engineering Services said that staff could arrange a vehicle (type-specific) traffic count on Ripon Road, Beach Drive, and Lansdowne Road during the peak season and report back to the Committee, if desired.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That staff be directed to monitor tour bus traffic volumes on Beach Drive, Lansdowne Road and Ripon Road and report back to Committee of the Whole in this regard, and further that staff also provide information on the mechanisms available for addressing tour bus traffic in residential areas.

CARRIED

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

4. 2008-46 DIRECTOR OF ENGINEERING SERVICES, February 13, 2008

Re Oak Bay’s Inflow & Infiltration Plans for Presentation to the CRD – Uplands Separation Project & South Oak Bay Pilot Project

The Director of Engineering Services provided background information with respect to the Provinces’ Municipal Sewage Regulation requirements to have the Capital Regional District develop a short term schedule and cost estimate for the elimination of sanitary sewer overflows within the CRD and to complete a cost/benefit study and implementation of a schedule directed at eliminating combined sewers in Oak Bay, before March 31, 2008.

Mr. Marshall drew attention to the two proposed plans presented in reports from Kerr Wood Leidal Associates Limited Consulting Engineers (as attached to correspondence item no. 2008-46) with respect to the two conditions (No. 10 and No. 11) as set out by the Province.

There was discussion regarding the Province’s directives, and Mr. Marshall confirmed that Oak Bay’s original plan to separate the sewer and storm flows from within the combined piping system in the Uplands incorporated the construction of detention facilities. However, this plan and the associated funding application was rejected by the Province.  Therefore, said Mr. Marshall, an alternate approach is proposed as laid out in the Kerr Wood Leidal report attached to his memorandum.

Responding to questions, Mr. Cochrane indicated that the rejection of the detention facility proposal by the Province will result in all owners being required to take their storm water flows out of the sanitary sewer.

There was discussion regarding some of the other impacts of the proposed plans to comply with the Municipal Sewage Regulation, and it was pointed out that with a new dedicated storm sewer line, the District of Oak Bay would have continuous discharge of storm water, which it does not have now.

Concerns were raised that should there be future changes in the provincial regulations that would perhaps permit detention facilities, which seems like the better option, we would have already embarked upon the second option.  Mr. Cochrane noted that even with the detention facilities option some twinning would be required.  Since the proposal is to install a short length of pipe at a time, within a few years we would still be in the early stages installing storm drains and detention facilities, if permitted by the Province, could still be considered.

Following further discussion it was felt that due to the upcoming deadline and in order to meet the requirements of the Province the proposed plans should be endorsed.

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That resolutions be prepared and brought forward to Council to endorse the plans proposed by Kerr Wood Leidal Associates in the reports attached to correspondence item no. 2008-46, to satisfy the requirements of the Municipal Sewage Regulation.

CARRIED

LAND USE SECTION: (Chairman – Councillor Cassidy)

5. 2008-47 DIRECTOR OF BUILDING AND PLANNING, February 12, 2008

Re Development Variance Permit Application – 2032 Esplanade

Gord Jones, 2032 Esplanade, explained that following the previously approved development variance permit to remove the existing house and replace it with a new house, he has encountered the issue of potential excessive archaeological costs associated with that plan and therefore has submitted a new plan that would see the existing house being renovated. The plans, he said, require a maximum occupiable height and setback variance. The proposed height is lower than what was previously approved, noted Mr. Jones.

MOVED by Councillor Carson

Seconded by Councillor Herbert, That it be recommended to Council that a resolution authorizing the Director of Building and Planning to issue a development variance permit for 2032 Esplanade, as outlined in correspondence item no. 2008-47, be prepared and brought forward to the next meeting of Council for consideration.

CARRIED

6. 2008-48 DIRECTOR OF BUILDING AND PLANNING, February 12, 2008

Re Development Variance Permit Application – 963 Beach Drive

Michael Cullin, Designer, and Richard Auchinleck, Homeowner, explained that due to the location of a municipal sewer easement and a restrictive covenant with respect to siting a building on the property, limiting where the house could be sited and how deep excavation can occur, height variances are being requested for the proposed new home.

Responding to questions, Mr. Cullin indicated the height of the new house would be lower than the houses on either side and the new floor level would match that of existing house which is being moved off the property.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That it be recommended to Council that a resolution authorizing the Director of Building and Planning to issue a development variance permit for 963 Beach Drive, as outlined in correspondence item no. 2008-49, be prepared and brought forward to the next meeting of Council for consideration.

CARRIED

7. 2008-49 DIRECTOR OF BUILDING AND PLANNING, February 7, 2008

Re Uplands Building Permit Application – 2560 Nottingham Road

MOVED by Councillor Herbert

Seconded by Councillor Copley, That it be recommended to Council that the plans to construct a shed at 2560 Nottingham Road be approved as to siting and architectural design.

CARRIED

ADJOURNMENT:

MOVED by Councillor Cassidy

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

CARRIED

The meeting adjourned at 9:58 p.m.

Certified Correct:

Municipal Clerk	Chairman, Recreation Section
Chairman, Traffic Section	Chairman, Public Works Section
Chairman, Land Use Section