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, November 19, 2007 at 7:30 p.m.

PRESENT:	Mayor C. M. Causton, Chairman Councillor H. Braithwaite Councillor A. R. Cassidy Councillor S. F. B. Carson Councillor P. Copley Councillor N. B. Jensen
STAFF:	Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Director of Building and Planning, N. Beattie Municipal Treasurer, P. A. Walker Director of Engineering Services, D. Marshall

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

FINANCE SECTION: (Chairman – Councillor Braithwaite)

1.

2007-308

MUNICIPAL TREASURER, November 1, 2007 Re Monthly Financial Reports

MOVED by Councillor Cassidy

Seconded by Councillor Jensen, That the October Monthly Financial Reports be received.

CARRIED

2.

2007-309 2007-309-1

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, November 1, 2007 MUNICIPAL TREASURER, November 14, 2007 Re Request for Grant – Oak Bay Village Christmas Light Up

Attention was drawn to the memorandum from the Municipal Treasurer indicating that the Canadian Imperial Bank of Commerce (CIBC) wishes to donate $2,000 towards the cost of the Business Improvement Association’s Christmas Light Up event, however, due to their internal policy of requiring a tax receipt, wish to make the donation to the Municipality, and then have the Municipality, in turn, provide the donation to the Association. A letter from the BIA requesting a grant of $2,000 has been received in relation to the money CIBC wishes to donate.

The Municipal Treasurer answered questions from the Committee, noting that the Business Improvement Area Bylaw would need to be amended to provide approval for granting the Association additional monies over and above the $350,000 grant that is to be collected through taxation of the Business Improvement Area Properties. Council authorization of the requested $2,000 grant would also be required, she said, if the Bylaw is amended.

There was discussion regarding the required process in order to lawfully grant an amount equal to the CIBC’s contribution to the Municipality to the Association, and it was noted that while it is presumed that the BIA needs the $2,000 for this year’s event, it would be preferable for the Association to obtain the necessary status to enable it to issue its own tax receipts in relation to future contributions like that from the CIBC, rather than having monies “flow through” the Municipality in order for a donor to obtain a tax receipt, as being used for this purpose was somewhat uncomfortable.

MOVED by Councillor Copley

Seconded by Councillor Carson, That staff be requested to draft, for Council’s consideration, an amendment to Bylaw No. 4245, Oak Bay Business Improvement Area Bylaw, 2005 to permit grants to the Oak Bay Business Improvement Association in addition to the grant to be raised through a taxation levy described in Section 6 of the Bylaw.

There was also consensus that, in order to avoid a similar request for a grant from the Municipality in the future, the Business Improvement Association be requested to look into obtaining the appropriate status to issue tax receipts.

The question was then called.

CARRIED

RECREATION SECTION: (Chairman – Councillor Carson)

3.

2007-310 2007-310-1

OAK BAY PARKS AND RECREATION COMMISSION, November 7, 2007 DIRECTOR OF PARKS AND RECREATION, November 13, 2007 Re Minutes of the Monthly Meeting/2008 Fees & Charges

(Agnes Szilos, Director, Parks and Recreation, in attendance for this item.)

Request for Railing – Willows Beach Esplanade

There was discussion on the request for the installation of additional railing on the Willows Beach walkway, and attention was drawn to the recommendation from the Commission that a railing not be installed as the current situation does not create a significant hazard or risk and given the other demands on funding.

Ms. Szilos indicated that although the cost for the requested railing is estimated at $33,200, this is based on the design of existing portions of railings, which may not meet current standards, and therefore, the actual cost to install the railing could be higher than estimated.

Responding to questions from the Committee, Ms. Szilos indicated that, other than the request under consideration from the First Metropolitan Church, she is unaware of any other complaints being received or any reports of injuries related to the absence of a railing.

2008 Proposed Fees and Charges

Concerns were raised by a member of the Committee regarding the proposed increase in the indoor sports field rental rates, along with the proposed rental fee increase for the Windsor Pavilion facility. The Director of Parks and Recreation advised that the proposed increases had been discussed with all the user groups who understood the need for the increases, although they did not wish to see significant increases occur on an annual basis.

Annual Pass Promotion

Attention was drawn to the proposed annual pass promotion that would see an annual pass given to any Oak Bay business in exchange for Recreation Oak Bay annual pass holders receiving a discount from the business.

There was discussion regarding the proposal, and Ms. Szilos explained that it was considered to be a value added promotion that would benefit the annual pass program.

Although the recommendation from the Commission was to include Oak Bay businesses, members of the Committee expressed the view that there should not be such a restriction. It was further pointed out that the discount may not only be in the form of a percentage discount on goods, but could incorporate other forms of a benefit to pass holders from the business.

It was noted that legal advice should be sought with respect to the promotion program prior to implementing it if endorsed.

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the minutes of the meeting of the Oak Bay Parks and Recreation Commission held on Wednesday, November 7, 2007, and the recommendations contained therein, with the exception of the recommendations regarding the requested railing along Willows Beach, the proposed 2008 fees and charges, and the proposed annual pass promotion, be adopted.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the recommendation from the Parks and Recreation Commission contained in the minutes of the meeting of November 13, 2007 to not install a railing along the Willows Beach Esplanade be endorsed as the current situation does not create a significant hazard or risk, and in light of the other demands on funding.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the proposed 2008 Parks and Recreation fees and charges, as contained in correspondence item no. 2007-310-1, being a memorandum from the Director of Parks and Recreation dated November 13, 2007, be approved.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the recommendation from the Parks and Recreation Commission contained in the minutes of the meeting of November 13, 2007 supporting the implementation of the proposed annual pass promotion be endorsed, with the program not being restricted only to businesses in Oak Bay, and subject to obtaining legal advice on the statutory authority to offer such a promotion to the business community.

CARRIED

LAND USE SECTION: (Chairman – Councillor Cassidy)

4.

2007-311

DIRECTOR OF BUILDING AND PLANNING, November 6 2007 Re Uplands Building Permit Application – 3195 Exeter Road

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That it be recommended to Council that the plans to replace an existing exterior brick wall facing with stucco and the addition of a solar panel at 3195 Exeter Road approved as to siting and architectural design.

CARRIED

5.

2007-312

DIRECTOR OF BUILDING AND PLANNING, November 6, 2007 Re Uplands Building Permit Application and Development Variance Permit Application – 2770 Thorpe Place

Brian Morris, Architect, was in attendance and provided an overview of the proposed development for 2770 Thorpe Place. He noted that the location of the existing carport (to be rebuilt as a garage), the slope of the lot and the fact that the lower part of the lot is an archaeological site limit the options available for the siting of buildings and structures, and has made the requested variances necessary.

Responding to questions from the Committee, Mr. Morris confirmed that the house itself conforms to the Zoning Bylaw, however, the setbacks for the garage and the three different height regulations for the pool house require variances, along with the amount of paved surface and maximum lot coverage.

With respect to questions from the Committee regarding the view one might see looking back at the house from the Esplanade, Mr. Morris noted that it is proposed to have plantings screen the retaining wall, softening the look of the wall, and providing a more pleasing view for passers-by, much like other property owners in the vicinity have done.

Concerns were nonetheless noted with respect to the view that would be seen from the Esplanade along with the potential impact the two storey pool house would have on the view corridor, even with the proposed screening, and it was suggested that consideration could be given to reducing the size of the pool house and moving it to lessen the possible view implications.

Mr. Morris responded, noting that the pool house could only be moved closer to the principal building, however, the lot becomes narrower further up. He also said that he did not feel that any neighbouring views would be blocked by the pool house. Mr. Morris answered further questions with respect to how the concerns raised by the Advisory Design Panel, as contained in the report attached to correspondence item 2007-312, had been addressed.

There was further discussion about the concerns raised regarding the size and location of the pool house, and the view was expressed that perhaps it would be helpful to have the owners consider the issues raised by the Committee prior to the making of a recommendation with respect to approval of the plans in terms of siting and architectural design and consideration of the requested variances.

MOVED by Councillor Jensen

Seconded by Councillor Carson, That correspondence item no. 2007-312 be deferred to a future meeting of Committee of the Whole to allow Mr. Morris, Architect for the proposed development, to discuss with the owners the issues raised by the Committee.

Members of the Committee also suggested that consultation between the applicants and neighbouring properties regarding the proposed plans may be beneficial.

The question was then called.

CARRIED

6.

2007-313

DIRECTOR OF BUILDING AND PLANNING, November 13, 2007 Re Proposed Amendments to Zoning Bylaw No. 3531

The Director of Building and Planning provided an overview of his memorandum regarding possible changes to the regulations of the Zoning Bylaw with respect to front yard setbacks based upon “contextual lots”. He noted that while the intent of these setback regulations is to promote a consistent streetscape and to ensure that the construction of new houses or additions to the fronts of homes do not create situations where one house is substantially in front of or behind another and privacy is compromised, the actual effect of the regulations sometimes has the opposite intended effect with respect to larger lots, such as those in The Uplands.

Mr. Beattie noted that siting of buildings is considered by the Advisory Design Panel with respect to properties in The Uplands in any event, and Council has the final authority for the approval of the siting of buildings for those properties. Accordingly, said Mr. Beattie, if a change was to be made to the Bylaw, he would recommend removing the ‘contextual setback” regulations in relation to The Uplands only. Where the existing regulations resulted in the poor proposed siting of a building on other large lots outside of The Uplands, he said, owners would continue to have the ability to apply for a variance through the development variance permit process or through the Board of Variance.

Staff answered questions from the Committee with respect to the current regulations and support for a bylaw amendment with respect to The Uplands properties only was noted.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That staff be directed to draft a Zoning Bylaw amendment to remove the contextual setback regulations for properties in The Uplands, for formal consideration by Council.

There was discussion regarding the contextual setback regulations, and the Municipal Administrator pointed out that not all properties have contextual lots, as defined in the Zoning Bylaw, associated with them and therefore the regulations do not affect all properties.

The question was then called.

CARRIED

PUBLIC WORKS SECTION: (Acting Chairman – Mayor Causton)

7.

2007-314

DIRECTOR OF ENGINEERING SERVICES, November 15, 2007 Re Update on the Traffic Bollards – Foul Bay Road at Haultain Street

The Director of Engineering Services noted that the traffic bollards on Foul Bay Road and Haultain Street were installed on a trial basis approximately one year ago, and at that time, he was directed to report back to Committee of the Whole regarding their effectiveness.

Mr. Marshall noted that although he has only received anecdotal feedback regarding their effectiveness, he feels they do indeed stand out better than the traditional metal “chevron” signs, and recommends that the same type of bollards be installed elsewhere in the Municipality as funding permits and at such time as they receive formal recognition by the Traffic Association of Canada or the Insurance Corporation of British Columbia. Formal recognition of the bollards, he said, is anticipated in the near future.

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That it be recommended to Council that the installation of illuminated traffic bollards at select locations throughout the Municipality be endorsed once the devices are recognized by the Traffic Association of Canada or the Insurance Corporation of British Columbia.

Responding to questions regarding the areas that would benefit from this type of illuminated bollard, Mr. Marshall indicated that the intersection of Cadboro Bay Road and Thompson Avenue, and on Hampshire Road at the Bowker Creek walkway would be prime candidates.

The question was then called.

CARRIED

2007-315

DIRECTOR OF ENGINEERING SERVICES, November 15, 2007 Re Parking Review at 2164 McNeill Avenue and Roslyn Road (Demitasse)

The Director of Engineering Services summarized the possible changes proposed to the parking adjacent to 2164 McNeill Avenue and the installation of a sidewalk on the east side of Roslyn Road across from the property, developed at the request of Committee of the Whole. He noted that the plans reflect the possible implementation of angle parking for three vehicles adjacent to 2164 McNeill on the west side of Roslyn Road, along with the installation of a two car parking bay and adjacent sidewalk on the McNeill Avenue frontage of the property, which would address the safety concerns with respect to the present parking arrangements for the property.

There was considerable discussion regarding the plan developed by the Engineering Department, and Mr. Marshall answered questions from the Committee in this regard. Questions arose from the Committee regarding the appropriateness of the location of the existing crosswalk on McNeill Avenue shown in the plans, and it was suggested that other siting options for a sidewalk should be considered, or, perhaps, enhancement of the sidewalk through the addition of pedestrian activated lights might be appropriate.

With respect to a question from the Committee as to whether or not the proposed parking plan improves the safety of the patrons at 2164 McNeill Avenue, and other people in the area, Mr. Marshall said that inasmuch as the plan reflects Oak Bay’s standards for parking, and would replace the “ad hoc” and non-delineated current parking scheme, it is an improvement. One drawback, he noted, was that with the angle parking along Roslyn, only those vehicles approaching from the north would be able to utilize them, whereas currently the parking there is 90 degrees and can be accessed by traffic travelling north or south, although the space available for the vehicles does not meet Oak Bay’s standards.

With respect to the fact that the re-routed sidewalk adjacent to the parking bay proposed for McNeill Avenue would encroach onto private property, the Municipal Administrator advised that a Statutory Right of Way would need to be granted to the Municipality by the property owners in this regard.

The suggestion was made that the possibility of providing 90 degree parking along Roslyn to increase the number of parking stalls, with the depth of the stalls meeting Oak Bay’s standards in this regard, should be explored, although it was acknowledged that such parking would also require the use of private property.

Rob Rogers, 2164 McNeill Avenue, co-owner, Demitasse Bakery Store, acknowledged that the plan reduces the amount of parking that currently exists, which would be of concern to him and the neighbours, although both also have safety concerns as well that might be addressed by the proposed reconfiguration. With respect to questions about delivery trucks, Mr. Rogers advised that they currently use McNeill Avenue, and approximately one delivery per day is received.

Mr. Rogers commented on the suggestion that 90 degree parking be provided along Roslyn next to the building on his property, noting that this would reduce the space at the side of the business used for the display of goods for sale, if there was even enough space to devote to parking along the side, although he acknowledged he would like to have as much parking available as possible.

Responding to comments and suggestions made by the Committee, Mr. Cochrane advised that while the use of municipal funds on public property to make a situation safer or to benefit the general public, such as with the sidewalk for public use adjacent to the proposed parking bay on McNeill Avenue, would likely be permissible, the use of such funds for work on private property to benefit the owners by maximizing parking could run afoul of the Community Charter’s prohibition on granting assistance to a business. He further pointed out that the proposed layout of the parking bay on McNeill Avenue would cut off the property owners’ current driveway access to their property, which could not be done without their consent.

Claudia Mimick, 1019 Roslyn Road, confirmed that she, as the property owner adjacent to the proposed sidewalk, would support the installation of the sidewalk in the interest of improved safety, however, not at her expense. She further noted a sidewalk would reduce the damage that currently occurs to the boulevard adjacent to her home from vehicles parking on it.

Responding to questions, Ms. Mimick noted her concerns regarding possible angle parking along the west side of Roslyn Road adjacent to 2164 McNeill Avenue as it may result in “u turns” and unsafe backing out of the lane to turn around to head south to utilize the parking.

The views of the Committee were summarized as follows:

• Additional traffic safety measures should be explored such as the installation of bollards, upgrading of the crosswalk with lights, and the installation of curb bulges to narrow the road;
• The proposed parking bay along McNeill Avenue was generally supported by the Committee and the owner, except for the associated loss of parking;
• The proposed sidewalk along the east side of Roslyn was generally well supported, however funding could be an issue;
• As there were problems identified with the proposed angled parking, the possibility of 90 degree parking along the west side of Roslyn Road should be explored further;
• Further information on other available parking in the area would be useful.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the review of parking in the vicinity of 2164 McNeill Avenue be referred back to staff for further information on the issues raised by the Committee.

It was noted that the owners could also discuss any ideas or concerns with staff for consideration.

The question was then called.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

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

CARRIED

The meeting adjourned at 9:57 p.m.

Certified Correct:

Municipal Clerk	Chairman, Finance Section
Chairman, Recreation Section	Chairman, Land Use Section
A/Chairman, Public Works Section