MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, December 18, 2023

4:30 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

PROCEDURAL MOTION:

That the meeting be closed to the public in order to deal with agenda items under the Community Charter:

Section 90(1) A part of the Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

(c) labour relations or other employee relations;

(g) litigation or potential litigation affecting the municipality;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

a.

2024 AVICC Student Participation Program

During the 2023-DEC-04 In Camera Council Meeting, Council provided support for an application for Lily Thomas to attend the 2024 AVICC Annual General Meeting and Convention in Victoria on April 12-14, 2024.

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Mayor's Leaders' Table Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Friday, 2023-SEP-14, at 12:04 p.m.

b.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Center, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-NOV-15 at 8:59 a.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Meeting 2023-DEC-11

[Note:  A link to the 2023-DEC-11 Governance and Priorities Committee Meeting agenda is attached for information.

1.

Upcoming Topics and Initiatives

That Council direct Staff to schedule a Special evening Governance and Priorities Committee meeting prior to January 18, 2024, for the purpose of reviewing the Nanaimo Operations Centre.

That the Governance and Priorities Committee (GPC) recommend that Council direct Staff to remove the Nanaimo Operations Centre discussion topic from the 2024-JAN-22 GPC meeting schedule and replace it with “Alternative Approval Process Review”. 

b.

Finance and Audit Committee Meeting 2023-DEC-13

[Note:  A link to the 2023-DEC-13 Finance and Audit Committee Meeting agenda is attached for information.]

1.

Neighbourhood Association Grants 2024

That Council approve a total of $10,000, in accordance with the 2024 Neighbourhood Association Grant Guidelines and Criteria, and that the grant allocations be as follows:

Brechin Hill Community Association - $800

Chase River Community Association - $920

Departure Bay Neighbourhood Association - $920

Dover Community Association - $920

Nanaimo Old City Association - $920

Newcastle Community Association - $920

Protection Island Neighbourhood Association - $920

Rock City Neighbourhood Association - $920

Rocky Point Neighbourhood Association - $920

South End Community Association - $920

Wellington Action Committee - $920

That Council direct Staff to review the City of Nanaimo Neighbourhood Association Grant Program and report back to Council with a recommendation if the annual budget needs to be increased for the 2025-2029 Financial Plan.

2.

Shower Program Review

That Council direct Staff to maintain shower services as follows: 

1. Increase the 2024 budget by $16,450, from $81,300 to $97,750, to be funded by the Strategic Infrastructure Reserve Fund to provide one additional hour of Shower Program services daily, Monday to Friday;
2. Add a project of $25,000 to the 2024 budget to undertake building improvements to allow for further temporary use at Caledonia Park, funded from the Strategic Infrastructure Reserve Fund;
3. Encourage the First Unitarian Fellowship to promote the City’s Leisure Economic Access Pass program to eligible Shower Program users;
4. Work with community partners over the long term to ensure that shower services are provided as part of a suite of services within new and existing shelters, daytime drop-in centres, and other community support services allowing the City to return the Caledonia Park building to its originally intended use; and,
5. Return to Council in the fall 2024 to provide an update on the Shower Program and any alternative solutions to replace the program at Caledonia Park.

3.

Community Environmental Sustainability Project Grant

That Council approve a total of $20,000, in accordance with the Community Environmental Sustainability Project Grant Guidelines and Criteria as attached, and that the grant allocations be as follows:

Alex King – SD68 Departure Bay Elementary School - $3,100

• Project:  Learning in Place – Wardropper Park Restoration Project

Amie Armet – Rocky Point Neighbourhood Association - $2,000

• Project:  Greening Rocky Point Private Yard Tree Planting and Climate Action  Workshop

Anni Thesan – Youth 20/20 Can - $2,000

• Project:  Beaufort Park Native Plant Garden

Joanne Sales – Broombusters Invasive Plant Society - $2,000

• Project:  Nanaimo Parkway Broom Removal Project 2024

Lee Sanmiya – Nanaimo Community Gardens Society - $3,500

• Project:  Community Engagement Project

Minah Lee – Art Action Earwig - $3,000

• Project:  Love Tooth Nest

Shelley Serebin – Nanaimo Old City Neighbourhood Association - $1,400

• Project:  Shelley Serebrin’s Climate Action Plan Project

Matthew Stephens – Snuneymuxw First Nation - $3,000

• Project:  SFN Transitional Housing Community Garden

4.

Social Planning Grants 2024

That Council approve a total of $85,000, in accordance with the Social Planning Grant Guidelines and Criteria as attached, and that the grant allocations be as follows:

a.  2024 Community Vitality Grants – Total $25,000

• Growing Opportunities Farm Community Co-op - $4,000
• Project: Seniors & Youth Growing Seedlings
• Nanaimo Community Kitchens - $6,000
• Project: Cooking out of the Box for Youth
• Spinal Cord Injury Society - $5,000
• Project: Peer Support and Outdoor Inclusion for People with spinal cord injuries in Nanaimo
• Mid Island Métis Nation - $10,000
• Project: Métis Cultural Food Share

b.  2024 Social Response Grants – Total $60,000

• Wisteria Community Association - $30,000
• Project: Food for Thought
• The Literacy Circle Society - $30,000
• Project: The Literacy Circle – Learning for Life

5.

Cultural Operating, Project and Downtown Event Revitalization Grants 2024 - Funding Recommendations

That Council approve the following 2024 Cultural Operating and Project Grants:

2024 Culture Operating & Project Grants

Applicant Name: Crimson Coast Dance Society

• Recommended: 3 Yr Operating (Year 2 of 3) $30,732

Applicant Name: Nanaimo Conservatory of Music

• Recommended: 3 Yr Operating (Year 2 of 3) $20,000

Applicant Name: Nanaimo Festival Heritage Theatre Society (Theatre One)

• Recommended: 3 Yr Operating (Year 2 of 3) $49,000

Applicant Name: Pacific Coast Stage Company

• Recommended: 3 Yr Operating (Year 2 of 3) $16,500

Applicant Name: Vancouver Island Symphony

• Recommended: 3 Yr Operating (Year 2 of 3) $100,000

Applicant Name: Western Edge Theatre

• Recommended: 3 Yr Operating (Year 2 of 3) $20,000

Applicant Name: 8758999 Canada Society dba Artists’ Collective Theatre

• Recommended: 1 Yr Operating $4,000

Applicant Name: A Capella Plus Choral Society

• Recommended: 1 Yr Operating $2,000

Applicant Name: Island Bel Canto Singers Society

• Recommended: 1 Yr Operating $2,538

Applicant Name: L’Association des francophones de Nanaimo

• Recommended: 1 Yr Operating $9,500

Applicant Name: Loyal Nanaimo Bathtub Society

• Recommended: 1 Yr Operating $5,000

Applicant Name: Malaspina Choir Society

• Recommended: 1 Yr Operating $3,000

Applicant Name: Mid Island Community Bands Society

• Recommended: 1 Yr Operating $1,250

Applicant Name: Mid Island Metis Nation Association

• Recommended: 1 Yr Operating $9,500

Applicant Name: Nanaimo African Heritage Society

• Recommended: 1 Yr Operating $8,000

Applicant Name: Nanaimo Arts Council

• Recommended: 1 Yr Operating $15,000

Applicant Name: Nanaimo Chapter of the SPEBSQSA (Nanaimo Tidesmen)

• Recommended: 1 Yr Operating $3,000

Applicant Name: Nanaimo Concert Band Society

• Recommended: 1 Yr Operating $2,000

Applicant Name: Nanaimo Fiddle Society

• Recommended: 1 Yr Operating $7,500

Applicant Name: Nanaimo International Jazz Festival Association

• Recommended: 1 Yr Operating $8,000

Applicant Name: Crimson Coast Dance Society

• Project Name: DanceABLE

Recommended: Project $4,000

• Applicant Name: Literacy Central Vancouver Island

Project Name: Local Author’s Evening Workshops

• Recommended: Project $640.66

Applicant Name: Nanaimo African Heritage Society

• Project Name: Black History Month & Children’s Event
• Recommended: Project $5,000

Applicant Name: Nanaimo Ballroom Dance Society

• Project Name: Island Fantasy Ball Showcase and Competition
• Recommended: Project $5,000

Applicant Name: Nanaimo Chamber Orchestra

• Project Name: Orchestra 2023/ 2024 Program Season
• Recommended: Project $2,300

Applicant Name: Nanaimo Conservatory of Music

• Project Name: Island Notes Chamber Music Festival
• Recommended: Project $1,800

Applicant Name: Nanaimo Festival Heritage Theatre Company

• Project Name: TheatreOne
• Recommended: Project $7,000

Applicant Name: Nanaimo Fiddle Society

• Project Name: West Coast Youth Fiddle Summit
• Recommended: Project $3,000

Applicant Name: Nanaimo Sings! Choral Festival Society

• Project Name: Singing With Your Ears
• Recommended: Project $1,500

Applicant Name: Nanaimo Ukulele Festival Society

• Project Name: Nanaimo Ukulele Festival
• Recommended: Project $1,000

Applicant Name: One in Spirit Healing Arts Society

• Project Name: Multicultural Festival
• Recommended: Project $1,864.34

Applicant Name: Pacific Coast Stage Company

• Project Name: The Flame Youth Storytelling Event
• Recommended: Project $3,000

Applicant Name: Western Edge Theatre

• Project Name: New Waves Festival
• Recommended: Project $3,000

Applicant Name: Wordstorm Society of the Arts

• Project Name: Resource Development
• Recommended: Project $1,500

Applicant Name: Reconciliation Theatre

• Project Name: Writer’s Workshop
• Recommended: Project $2,537

 

That Council approve the following 2024 Cultural Operating and Project Grants:

 Applicant Name: Vancouver Island Short Film Festival Society

• Recommended: 1Yr Operating $5,500

Applicant Name: Vancouver Island Short Film Festival Society

• Project Name: Youth Showcase
• Recommended: Project $1,265

c.

Add - Mayor's Leaders' Table Recommendation 2023-DEC-15

[Note:  A link to the 2023-DEC-15 Mayor's Leaders' Table Meeting agenda is attached for information.]

1.

Presentation re: City Fibre Strategy

That Council direct Staff to prepare a report with options and costs for expanding the City’s fiber network, based on the City Fiber Strategy presentation made during the 2023-DEC-15 Mayor’s Leaders’ Table meeting.

11.

DELEGATIONS:

a.

Caelen Middleton, Strong Towns Nanaimo, re: history of parking minimums and bylaw amendments needed to enact change

12.

REPORTS:

a.

Development Variance Permit Application No. DVP458 - 6280 Desmond Road

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the minimum required side yard setback for a proposed heat pump for an existing dwelling.

It is requested that Council hear anyone wishing to speak with respect to DVP458 - 6280 Desmond Road.

Recommendation:  That Council issue Development Variance Permit No. DVP458 for a reduction to the heat pump setback at 6280 Desmond Road as outlined in the “Proposed Variances” section of the Staff Report dated 2023-DEC-18.

b.

Development Variance Permit Application No. DVP451 - 3400 Departure Bay Road

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration a development variance permit application to reduce the minimum required rear yard setback for an existing dwelling and to increase the maximum allowable size for a secondary suite within the principal dwelling at 3400 Departure Bay Road.

It is requested that Council hear anyone wishing to speak with respect to DVP451 - 3400 Departure Bay Road.

Recommendation:  That Council issue Development Variance Permit No. DVP451 to allow proposed alterations to an existing dwelling at 3400 Departure Bay Road with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2023-DEC-18.

c.

Development Permit Application No. DP1275 - 325 Watfield Avenue

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration a development permit application for a multi-family residential development at 325 Watfield Avenue.

Recommendation:  That Council issue Development Permit No. DP1275 for a multi-family residential development at 325 Watfield Avenue.

1.

Add - Delegation from Irene Borgonia

d.

Liquor Licence Application No. LA155 - 1724 Stewart Avenue

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To inform Council of an application to amend the existing liquor licence at 1724 Stewart Avenue (Carlos O’Bryan’s Neighbourhood Pub) to permit a permanent extension for the existing temporary outdoor patio area.

e.

Step Code Implementation - Step Code Rezoning Policy, Zoning Bylaw and Design Guidelines

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To seek Council support to repeal Council Policy COU-216 (BC Step Code Rezoning Policy) and inform Council of opportunities to update the Zoning Bylaw and Development Permit Area Design Guidelines to support implementation of the Zero Carbon Step Code.

Recommendation:  That Council repeal Council Policy COU-216, BC Energy Step Code Rezoning Policy.

f.

Park Avenue Concept Plan Project - 933 Park Ave - Phase 2 Engagement Summary

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To provide a summary of the 933 Park Ave - Phase 2 engagement process, and seek Council’s direction for a preferred land use option before updating the Park Avenue Concept Plan.

Presentation:

1. Lisa Brinkman, Manager, Community Planning.

Recommendation:  That Council:

1. advise Staff which land use option should be incorporated into the draft Park Avenue Concept Plan; and,
2. direct Staff to return to Council with an updated Park Avenue Concept Plan for consideration of endorsement.

g.

Increasing Housing Options - Community Engagement Results

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present a summary of the community engagement results for the Increasing Housing Options project that occurred in fall 2023.

Presentation:

1. Jeremy Holm, Director, Planning and Development.

1.

Replace - Presenter with Caleb Horn, Planner, Current Planning, and Emily Notley, Planning Assistant, Community Planning

h.

General Amendments to City of Nanaimo Zoning Bylaw

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present, for Council’s consideration, general text and mapping amendments to “City of Nanaimo Zoning Bylaw 2011 No. 4500”.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2023 No. 4500.219” (General text and mapping amendments to “City of Nanaimo Zoning Bylaw 2011 No. 4500”) pass first reading;
2. “Zoning Amendment Bylaw 2023 No. 4500.219” pass second reading; and,
3. Council direct Staff to not hold a Public Hearing for “Zoning Amendment Bylaw 2023 No. 4500.219” prior to consideration of third reading and to provide notice if a Public Hearing is not held.

i.

E-Comm 9-1-1 Call Answer Centre 2024 Service Agreement

To be introduced by Tim Doyle, Fire Chief.

Purpose:  To seek Council authorization to enter into an agreement with E-Comm Emergency Communications for British Columbia Incorporated for the provision of 9-1-1 Call Answer Centre Services in 2024 on behalf of the City of Nanaimo as a stakeholder in the Central Island 9-1-1 (CI911) partnership (City of Nanaimo, Cowichan Valley Regional District and the Regional District of Nanaimo).

Recommendation:  That Council authorize the Mayor and Corporate Officer to sign the 9-1-1- Call Answer Service Agreement between the CI911 and E-Comm Emergency Communications for British Columbia Incorporated, for the purposes of providing 9-1-1 Call Answer Centre Services, for a one-year term to expire on December 31, 2024.

j.

Amendment of Project Under the Revitalization Tax Exemption Bylaw 7261 - 507 Milton Street

To be introduced by Bill Corsan, Director, Corporate and Business Services.

Purpose:  To obtain Council approval to amend the Tax Exemption Agreement for a proposed mixed-use building at 507 Milton Street.

Recommendation:  That Council approve the amended Revitalization Tax Exemption Agreement for a proposed 28-unit mixed-use development at 507 Milton Street, consisting of 25 residential units and three commercial rental units.

k.

Vandalism Relief Grant Program

To be introduced by Dave LaBerge, Director, Public Safety.

Purpose:  To inform and update Council on the implementation of the Downtown Vandalism Relief Grant Program, and to provide options to expand grant eligibility.

Recommendation:  That Council direct Staff to amend the service agreement for the Downtown Vandalism Relief Grant Program with the Greater Nanaimo Chamber of Commerce to allow businesses to apply for funding more than twice, and to receive up to $2,500 per incident up to a maximum of $5,000 in a calendar year.

l.

Add - New Agenda Item 12(l) Report titled "Warming Centre Partnership with Island Health" and reorder subsequent agenda items

To be introduced by Dave LaBerge, Director, Public Safety.

Purpose:  To provide Council with an update on funding from Island Health to provide additional supports to three City funded warming centres.

m.

2024 - 2028 Financial Plan Bylaw

To be introduced by Laura Mercer, General Manager, Corporate Services.

Purpose:  To introduce “Financial Plan Bylaw 2023 No 7371” for first, second and third readings.

Recommendation:  That:

1.  “Financial Plan Bylaw 2023 No. 7371” (To confirm and adopt the 2024 – 2028 Financial Plan) pass first reading;
2.  “Financial Plan Bylaw 2023 No. 7371” pass second reading; and
3.  “Financial Plan Bylaw 2023 No. 7371” pass third reading.

n.

Internal Borrowing Resolution

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To have Council approve an internal borrowing resolution for the portion allocated to growth for Sanitary Sewer project DCC SS44: Hammond Bay & Turner Area.

Recommendation:  That Council approve internal borrowing from the Development Cost Charge (DCC) City Wide Drainage Reserve Fund in the amount of $2,163,150 in 2024 to fund the Sanitary Sewer DCC project SS44: Hamond Bay & Turner Area, for a 20-year term at an interest rate of 2.0% with repayment from sewer operations.

o.

FCM Resolution

To be introduced by Karen Robertson, Deputy Corporate Officer, Legislative Services.

[Note:  Report to be distributed on the Addendum.]

1.

Add - Report titled "Federation of Canadian Municipalities Resolutions"

To be introduced by Karen Robertson, Deputy Corporate Officer, Legislative Services.

Purpose:  To consider Councillor Manly’s resolution regarding diversity protection and restoration funding for municipalities and forward to the Federation of Municipalities (FCM) for consideration at the 2024 FCM Annual Conference.

Recommendation:  That Council provide direction with respect to the proposed Federation of Canadian Municipalities resolution.

13.

BYLAWS:

a.

"Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37"

That “Sewer Regulation and Charge Amendment Bylaw 2023, No. 2496.37” (a bylaw to set the 2024 rates for sanitary sewer) be adopted.

b.

“Zoning Amendment Bylaw 2023No. 4500.210”

That “Zoning Amendment Bylaw 2023 No. 4500.210” (to rezone 1224 Manzanita Place from Low Density Residential [R6] to Medium Density Residential [R8] with site-specific density) be adopted.

c.

"User Fee Subsidies Amendment Bylaw 2023, No. 7095.05"

That "User Fee Subsidies Amendment Bylaw 2023, No. 7095.05" (a bylaw to set the 2024 thresholds for User Fee Subsidies) be adopted.

d.

“Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21”

That “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.21” (a bylaw to set the water rates for 2024) be adopted.

e.

“South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12”

That “South West Bulk Water Rate Amendment Bylaw 2023, No. 7099.12” (a bylaw to set the 2024 bulk water rate for South West Extension) be adopted. 

f.

"Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15"

That "Municipal Solid Waste Collection Amendment Bylaw 2023, No. 7128.15" (a bylaw to set the solid waste collection rates for 2024) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Request for Letter of Support - Habitat for Humanity

1.

Remove Agenda Item 15(a) - Request for Letter of Support - Habitat for Humanity

16.

QUESTION PERIOD:

17.

ADJOURNMENT: