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, July 16, 2007 at 7:30 p.m.

 

PRESENT:

Mayor Christopher M. Causton

Councillor H. Braithwaite

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Director of Building and Planning, N. Beattie

Director of Engineering Services, D. Marshall

Recording Secretary, D. Beesley

 

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

 

Mayor Causton said that he had accepted last week on behalf Oak Bay employees, a plaque awarded for the highest level of “Bike to Work Week” participation in the local government category.

 

Mayor Causton presented the award to Natalie West, of the Parks and Recreation Department, who had coordinated the Oak Bay Bike to Work campaign.  Mayor Causton noted that Oak Bay had 40% participation during Bike to Work Week. 

 

FINANCE SECTION: (Chairman – Councillor Braithwaite)

 

1.

2007-190  

 

MUNICIPAL ADMINISTRATOR, July 10, 2007

Re Grant to Capital Regional District Housing Trust

 

(Dean Fortin, Chairman, CRD Housing Trust, and Henry Kamphof, CRD Housing Trust Fund Administrator, in attendance for this item)

 

The Municipal Administrator explained that Oak Bay was not actually a participant in the Capital Regional District’s Housing Trust service and therefore did not make a contribution towards the Trust through the annual CRD property tax requisition.  From its own tax base, however, Oak Bay had been making a grant to the CRD in aid of this service.  The amount of the grant was lower than the amount that would have been requisitioned had Oak Bay been a full participant in the service.

 

Mr. Cochrane explained that Council had budgeted a grant of $25,000 for 2007.  In so doing, however, it had directed staff not to release the funds until Housing Trust representatives had reported to Council on achievements over the past two years.  He said that Messrs. Fortin and Kamphof were in attendance for this purpose.

 

Mr. Fortin said that allocations from the Housing Trust in 2005 and 2006 totalled approximately $1.1 million, leveraging close to 15 times that amount in additional funding and assisting with the creation of 86 affordable housing units for various categories of need.  For 2007, the amount of $495,000 had already been allocated, and other projects were planned for the rest of the year as well.

 

Responding to a question from the Committee, Mr. Fortin said that approximately 80% of the leveraged funding was from non-profit societies as opposed to senior governments. 

 

Addressing the question of target groups for Housing Trust projects, Mr. Kamphof explained that there was a wide variety in this regard, which could conceivably include short term transitional shelter for a hard-to-house core group as long as it did not cross the boundary into the “care” category, which would fall under the jurisdiction of the Vancouver Island Health Authority.

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That it be recommended to Council that staff be authorized to release the budgeted $25,000 grant to the CRD Housing Trust, and further that it be conveyed to the Capital Regional District that Oak Bay would be prepared to consent to an amendment to the Housing Trust Service Establishment Bylaw whereby Oak Bay would become a participant in the Service for 2008.

 

CARRIED

 

RECREATION SECTION: (Acting Chairman – Mayor Causton)

 

2.

2007-191

PARKS AND RECREATION COMMISSION FINANCE AND PERSONNEL SUB-COMMITTEE, June 28, 2007

Re Report of Meeting

                                               

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the report of the meeting of the Oak Bay Parks and Recreation Commission Finance and Personnel Sub-Committee held on June 28, 2007, be received.

 

CARRIED

 

LAND USE SECTION: (Acing Chairman – Mayor Causton)

 

3.

2007-192

DIRECTOR OF BUILDING AND PLANNING, June 22, 2007

Re Development Variance Permit Application – 1852 Hampshire Road

 

Ian Swift, 1852 Hampshire Road, said that he would like to erect a rose arbour landscape feature on the south side of his property.  He said that he had talked to the neighbour most affected, who supported his plans.

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That a form of resolution authorizing the issuance of a development variance permit for 1852 Hampshire Road be prepared and brought forward to Council for formal consideration.

 

CARRIED

 

4.

2007-193

DIRECTOR OF BUILDING AND PLANNING, July 4, 2007

Re Development Variance Permit Application – 2861 Eastdowne Road

 

Ted Pobran, 2861 Eastdowne Road, said that he was applying for a development variance permit in order to build an attached garage at the front of his property, which would provide the required off-street parking if his plans to convert his existing basement level garage to living space went ahead.

Mr. Pobran said that it was his desire, since he would have to go through the development variance permit process in any event, to build a double garage rather than a single car garage.  Mr. Pobran said that he felt a double car garage would be more symmetrically in keeping with the size of his house. 

 

Responding to a question from a member of the Committee about alternative locations, Mr. Pobran said that his lot narrowed towards the rear, and that a garage in the back yard would detract from his use and enjoyment of that area.

 

Discussing the application, the Committee noted that the front setback variance was major, and that the proposed siting seemed out of context compared to the neighbourhood norm.  It also appeared that there would be an adverse impact on the neighbour to the north.

 

Noting that some members of the Committee had not yet been able to visit the site, Mayor Causton suggested that an opportunity to decide whether or not to proceed to the next step of the development variance permit process be provided at the next meeting of Council.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a form of resolution authorizing the issuance of a development variance permit for 2861 Eastdowne Road be prepared and brought forward to Council for formal consideration.

CARRIED

 

5.

2007-194

DIRECTOR OF BUILDING AND PLANNING, July 4, 2007

Re Development Variance Permit Application – 880 St. Patrick Street

 

Gary Streight, 880 St. Patrick Street, said that he had developed living space in his attic area pursuant to a building permit that required the filing in of his basement in order to bring the total floor area back to the maximum allowable amount.

 

Mr. Streight noted that his basement, with only six feet of head room, was not considered liveable space, but it was still regarded as floor area for the purpose of applying the bylaw limits.

 

Mr. Streight explained that after consulting with Mayor Causton and the Director of Building and Planning regarding renovations to his home and possible forthcoming changes to the gross floor area regulations, he had proceeded with renovating his attic to provide more living space.  He had postponed filling in the basement and requesting a final inspection for an occupancy permit, however, until the matter of the regulatory changes had been finalized.   Under the new scheme now in effect, he noted, he had the option of applying for a development variance permit and possibly avoiding the rather unproductive expense of filling in his basement.

 

Mayor Causton noted that the requested variances would not entail any further exterior changes to the house; they would merely waive the requirement to fill in the basement space.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a form of resolution authorizing the issuance of a development variance permit for 880 St. Patrick Street be prepared and brought forward to Council for formal consideration.

 

CARRIED

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

 

6.

2007-195

    --

 

2007-88

DIRECTOR OF ENGINEERING SERVICES, July 11, 2007

EXCERPT FROM REPORT OF COMMITTEE OF THE WHOLE, March 19, 2007

RONALD A. JONES ET AL, February 27, 2007

Re Recommendations for Allocation of 2007 Sidewalk Capital Budget

 

The Director of Engineering Services updated the Committee on progress with the development of a systematic sidewalk evaluation model, which however, was not quite ready for use in allocating the 2007 sidewalk capital budget.

 

Accordingly, his budget allocation recommendations were based on more subjective criteria as in the past.  These were: (1) Carnarvon Street, north side, Foul Bay to Henderson; (2) McNeill Avenue, south side, Falkland to Victoria; and (3) Beach Drive, north side, municipal boundary to Mountjoy.  The latter, Mr. Marshall noted, would be part of a walking route for Margaret Jenkins Elementary School students and had been recommended by the “Safer School Travel” task force.

 

Mayor Causton asked staff to make an attempt, Public Works manpower permitting, to have the Beach Drive sidewalk completed by the beginning of the new school year.  In any event, he felt that this project should be tackled before the other sidewalk projects.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That it be recommended to Council that it endorse the allocation of the 2007 sidewalk capital budget as recommended in the memorandum from the Director of Engineering Services (Item No. 2007-195).

 

The question was then called.

CARRIED

 

TRAFFIC SECTION:  (Chairman – Councillor Copley)

 

7.

2007-196

  --

 

2007-196-1

2007-196-2

2007-196-3

2007-196-4

2007-196-5

2007-196-6

2007-167

DIRECTOR OF ENGINEERING SERVICES, July 11, 2007

EXCERPT FROM REPORT OF COMMITTEE OF THE WHOLE, June 4, 2007

J. W. MACONACHIE, June 5, 2007

SAFER CYCLING OAK BAY, June 9, 2007

JIM GRIER, June 11, 2007

CECILIA BENOIT, July 4, 2007

LUCIANO AND JOAN LUCHIN, July 13, 2007

DAVID LEACH, July 13, 2007

MUNICIPAL CLERK, May 29, 2007

Re Traffic and Cycling Design Concepts – North Henderson Road

 

The Director of Engineering Services explained that when the matter of North Henderson traffic and cycling lane concepts had last been considered by the Committee, he had been asked to expand his analysis to include an investigation of alternative designs for the intersections at (1) Lansdowne and Foul Bay and (2) Henderson, Gibbs and Foul Bay.

 

With respect to the Henderson/Gibbs/Foul Bay “Y” intersection, Mr. Marshall said that any blocking of traffic southbound or northbound on Henderson would, in his view, create congestion at Gibbs Road and represent a retrograde step from a safety and traffic engineering point of view.

 

MOVED by Councillor Herbert,

Seconded by Councillor Braithwaite, That no change be made to the physical design or traffic flows at the Henderson/Gibbs/Foul Bay intersection.

 

CARRIED

 

Turning to the Lansdowne/Foul Bay intersection, Mr. Marshall said that a re-alignment of lanes to accommodate northbound bicyclists more comfortably could not be safely achieved without major physical changes, the cost of which would be significantly increased by the amount of buried infrastructure in this area, including the vault for the main regional water supply connection.

 

In the course of discussion, however, it was noted that there was a considerable amount of boulevard on the east side of the existing sidewalk, where it might be possible to create another dedicated path, separate from the sidewalk, that would allow northbound cyclists to proceed safely past the “jog” at this intersection before angling back to the roadway a short distance further north.

 

MOVED by Councillor Herbert,

Seconded by Councillor Braithwaite, That the Director of Engineering Services be asked to investigate the design feasibility and cost of providing an off-roadway path for northbound bicyclists parallel to the sidewalk on Foul Bay Road just north of Lansdowne, and to report back to the Committee on his findings.

 

CARRIED

 

Discussion then returned to the topic of cycling lanes on Henderson Road north of Gibbs Road, which had been the subject of considerable public input at the meeting of June 4, 2007, and prior to that time as well.

 

MOVED by Councillor Jensen,

Seconded by Councillor Copley, That it be recommended to Council that cycling lanes be created on both sides of Henderson Road between Gibbs Road and Cedar Hill X Road, with street parking to be eliminated in this area.

 

It was clarified that the motion was intended to address cycling lanes only and not the other physical work, such as the installation of traffic islands, described in the plan attached to Item No. 2007-196.

 

Councillor Herbert said that the corridor at present was not unsafe for bicyclists, so that in his assessment there was no justification for eliminating street parking in this residential area from a safety point of view.  He said that the current regulatory scheme, prohibiting parking on the east and west sides of the road during the peak bicycle commuting times of the day, worked well and should be maintained.

 

Councillor Jensen expressed the view that the issue went beyond safety.  He said that bicycling would be seen to be encouraged as a viable alternative form of transportation if it was readily apparent that special provision had been made for cyclists on municipal roads. 

 

Councillor Braithwaite said that although she supported the concept of cycling lanes where the situation warranted, she felt that this was not the case on North Henderson Road.  The wide roadway, with only one lane of traffic in each direction, provided a safe cycling environment.  She felt that no significant benefit would be conferred by the demarcation of cycling lanes, while local residents would unnecessarily suffer the inconvenience of a complete parking prohibition. 

 

Councillor Copley said that she agreed with the philosophy of taking a pro-active measure to encourage cycling and would therefore support the motion.

 

Mayor Causton said that he would also support the motion.  He noted that this section of Henderson Road was the last remaining link in the corridor from downtown Victoria to the University of Victoria that did not have a designated cycling lane.  He felt that it was important to complete this linkage as part of the overall transportation network.  Mayor Causton also noted that properties along Henderson Road were relatively large and generally provided a reasonable amount of off-street parking, thereby mitigating the inconvenience caused by the elimination of street parking.

 

The question on the motion was then called.

 

CARRIED

            (Councillors Herbert and Braithwaite against the motion)

 

8.

2007-197

 

MUNICIPAL ADMINISTRATOR, July 10, 2007

Re Municipal Parking Lot at Cadboro Bay and Cranmore Road

 

Speaking to his memorandum before the Committee, the Municipal Administrator provided background information regarding the Municipality’s acquisition of the property, a brief summary of the history of the lot’s parking regulations to date, and the reasoning for the proposed increase to the current two-hour time limit.

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That it be recommended to Council that the time limit for parking in the municipal lot at the intersection of Cadboro Bay Road and Cranmore Road be increased from two (2) hours to three (3) hours.

 

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Braithwaite,

Seconded by Councillor Jensen, That the open portion of the meeting of Committee of the Whole be adjourned and that a closed session be convened to discuss labour relations and the acquisition of property where disclosure might reasonably be expected to harm the interests of the Municipality.

 

CARRIED

 

The open portion of the meeting adjourned at 9:27 p.m.

 

 

 

 

 

Certified Correct:

 

 

 

 

D/Municipal Clerk

 

 

 

 

Acting Chairman, Recreation Section

 

 

 

Chairman, Finance Section

 

 

 

 

Acting Chairman, Land Use Section

 

 

 

Chairman, Public Works Section

 

 

 

 

Chairman, Traffic Section