MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, December 16, 2024

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; 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:

a.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street on 2024-DEC-02 at 5:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

a.

Monitoring Indicators and Data Overview

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

Presentation:

1. Ting Pan, Manager, Sustainability

b.

Tree Canopy Coverage

To be introduced by Kerry Ing, Director, IT/CIO.

Presentation:

1. Ross Campbell, GIS Technologist

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special District 68 Sports Field and Recreation Committee Meeting held electronically on Wednesday, 2021-DEC-15 at 5:00 p.m.

b.

Minutes

Minutes of the Special District 68 Sports Field and Recreation Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Friday, 2024-FEB-16 at 1:00 p.m.

c.

Minutes

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2024-OCT-24 at 5:00 p.m.

d.

Minutes

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2024-NOV-14 at 5:13 p.m.

10.

CONSENT ITEMS:

a.

Special Finance and Audit Committee Meeting 2024-DEC-06

[Note:  a link to the 2024-DEC-06 Special Finance and Audit Committee Meeting agenda is provided for information.]

1.

RCMP Contract

That Council budget the RCMP contract at 92% for 2025 and 95% for 2026 to 2029 for the 2025 – 2029 Financial Plan. 

2.

Negative Wage Contingency

That Council budget a $750,000 negative wage contingency in the General Fund for 2025 for the 2025 – 2029 Financial Plan.

3.

Commercial Street Implementation Phase Two

That Council reduce the 2025 base project funding by $795,456 and remove Commercial Street Implementation Phase 2 from the 2025 – 2029 Financial Plan. 

4.

Community Safety Officers (CSO's)

That for the 2025 – 2029 Financial Plan Council:

1. Add nine full-time Community Safety Officers (CSOs), one full-time Senior Community Safety Officer and convert the part-time Bylaw Steno position to full-time, including related costs, utilizing a phased approach as follows;

1. 1. Hire five CSOs, 1 Senior CSO and convert the part-time Bylaw Steno position to a full-time position effective April 1, 2025;
   2. Add four CSOs effective April 1, 2026; and 

2. Fund the two CSO fleet units and the EV charging station from the General Capital Reserve. 

5.

Public Space Cleanliness

That the decision point regarding public space cleanliness be deferred to the 2025 – 2029 Financial Plan Update in the Spring 2025.

6.

Assistant Manager, Financial Planning

That for the 2025 – 2029 Financial Plan, Council add an Assistant Manager, Financial Planning and related costs effective April 1, 2025. 

7.

Assistant Manager, Current Planning

That for the 2025 – 2029 Financial Plan, Council add an Assistant Manager, Current Planning and related costs effective April 1, 2025. 

8.

Additional RCMP Members

That Council add 12 new RCMP members to the 2025 – 2029 Financial Plan; four on April 1, 2025, four on April 1, 2026, and four on April 1, 2027. 

9.

Increase to Road Maintenance Budget

That the decision point regarding an increase to the road maintenance budget be deferred to the 2025 – 2029 Financial Plan Update in the Spring 2025.

10.

Culture Grants - Project Grant Funding

That Council add a 10% annual increase for Culture Project Grant funding for five years, starting in 2025 (2025 – 2029), increasing the budget from $44,407 to $71,519 by 2029, for the 2025 – 2029 Financial Plan. 

11.

Culture Grants - Operating Grant Funding

That Council increase Culture Operating Grant funding annually by $0.25 per capita for three years, starting in 2025 (2025 – 2027), for a rate of $3.75 per capita by 2027, for the 2025 – 2029 Financial Plan. 

12.

Restorative Justice Program

That Council increase the annual operating grant for the Restorative Justice Program to $150,000 effective 2025 for the 2025 – 2029 Financial Plan. 

13.

Neighbourhood Association Grant Program

That Council increase the budget for the Neighbourhood Association Grant Program to $20,000 effective 2025 for the 2025 – 2029 Financial Plan. 

b.

Governance and Priorities Committee Meeting 2024-DEC-09

[Note:  a link to the 2024-DEC-09 Governance and Priorities Committee Meeting agenda is provided for information.]

1.

Upcoming Topics and Initiatives - Design Commercial

That Council direct Staff to include a topic to consider the phasing and timing of Design Commercial, including the work fronting Diana Krall Plaza, at a future Governance and Priorities Committee meeting in the first quarter of 2025.

2.

Upcoming Topics and Initiatives - Demolition and Deconstruction Bylaw

That Council direct Staff, in accordance with Integrated Action Plan item C.1.6.12, to:

• Add the topic of “Demolition and Deconstruction Bylaw” (to increase the diversion of recyclable and re-usable material from landfill) to an upcoming Governance and Priorities Committee agenda before the end of the second quarter of 2025; and,
• Prepare a report regarding existing deconstruction bylaws, key elements of a draft demolition and deconstruction bylaw, challenges and opportunities for regulating deconstruction in Nanaimo, and options for Council to consider prior to proceeding with drafting a "Demolition and Deconstruction Bylaw”.

3.

Updating Off-Street Parking Requirements Downtown

That Council direct Staff to amend the “Off-Street Parking Regulations Bylaw 2018 No. 7266” to eliminate all minimum parking requirements for all uses within the Downtown Urban Centre.

c.

Finance and Audit Committee Meeting 2024-DEC-11

[Note:  a link to the 2024-DEC-11 Finance and Audit Committee Meeting Agenda is provided for information.]

1.

Social Planning Grants 2025

That Council approve the 2025 Social Planning Grants recommendations of $85,000, and that the grant allocations be as follows:

Applicant Name: Take a Hike Foundation Recommend: $10,000
Project: Take a Hike Nanaimo Program

Applicant Name: Volunteer Nanaimo Recommend: $13,500
Project: Youth Network

Applicant Name: Island Crisis Care Society Recommend: $25,000
Project: Rising Hope Community Kitchen

Applicant Name: Nanaimo Alliance Church Recommend: $8,000
Project: Food Bank Client Café – Kitchen Upgrades

Applicant Name: Haven Society Recommend: $15,000
Project: Safe Futures for Youth – Violence is Preventable

Applicant Name: Nanaimo Community Kitchens Society Recommend: $7,000
Project: Cultivate and Cook

Applicant Name: Nanaimo Family Life Association Recommend: $6,500
Project: Kitchen Socials

2.

Park Amenity Improvement Requests Under the Partners in Parks Program

That Council approve the allocation of the 2024 Partners In Parks Program funding to amenity improvements at these proposed park locations:

1. $45,000 for a hard surface sport court at Everest Drive Park;
2. $15,000 for storage and seating at Beaufort Food Forest; and
3. $40,000 for shade structure and platform at Stevie Smith Bike Park.

3.

BC Hydro Sustainable Communities Fund - Phase Two of Manufactured Home Park Energy Conservation and Emissions Reduction Strategy

That Council add the second phase of the Manufactured Home Park Energy Conservation and Emissions Reduction Strategy, as outlined in the Staff report dated 2024-DEC-11, to the 2025 – 2029 Financial Plan.

4.

Sea Level Rise Management Plan Grant Applications (Part 1)

That the Finance and Audit Committee recommend that Council direct Staff to apply for a funding opportunity from the Ministry of Emergency Management and Climate Readiness for a Disaster Relief and Innovation Fund grant to support a Sea Level Rise Management Plan.

5.

Sea Level Rise Management Plan Grant Applications (Part 2)

That Council direct Staff to apply for a funding opportunity from the Federation of Canadian Municipalities’ Local Leadership for Climate Adaptation initiative- Climate Ready Plans and Processes for a Sea Level Rise Management Plan.

6.

Provincial Capacity Funds - Allocation Update

That Council endorse the allocation of $619,936 in capacity funding provided by the Province, as outlined in the Staff report dated 2024-DEC-11, to support the City of Nanaimo in meeting the legislative requirements and opportunities in Provincial Housing Bills.

7.

Security Check Grant Request from Nanaimo Science and Sustainability Society

That Council award a ‘Security Check Grant’ for $50 to the Nanaimo Science and Sustainability Society to cover the cost of the security checks for new hires. 

8.

Nanaimo Prosperity Corporation Decision Slide

That Council increase the base budget for the Nanaimo Prosperity Corporation from $515,850 to $665,000 effective 2025 for the 2025 – 2029 Financial Plan. 

d.

Separately Addressed Consent Items

1.

Finance and Audit Committee Meeting 2024-DEC-11

1.

Culture and Event Grants 2025 - Funding Recommendations

That Council approve 2025 Cultural Grant funding (Operating, Project, Downtown Event Revitalization Fund) recommendations of $631,256 as outlined in Attachment ‘D’ of the report titled “Culture and Event Grants 2025 – Funding Recommendations” dated 2024-DEC-11. 

11.

DELEGATIONS:

a.

Barbara Macleod re: Traffic Concerns at Oakridge Drive

b.

Alan Clarke re: Transparency with Council and Citizens

1.

Remove - delegation from Alan Clarke.

12.

REPORTS:

a.

Interim Housing Needs Report 2024

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

Purpose:  To present to Council the City of Nanaimo’s Interim Housing Needs Report (November 2024).

Presentation:

1. Kevin Green, City Space Consulting Ltd. 

Recommendation:  That Council receive the City of Nanaimo’s Interim Housing Needs Report (November 2024) in accordance with Section 585.31 of the Local Government Act.

b.

Next Generation 911 (NG911) Local Government Service Agreement with TELUS Communications Inc.

To be introduced by Tim Doyle, Fire Chief. 

Purpose:  The purpose of this report is to obtain Council’s approval for the City of Nanaimo to enter into a new agreement with TELUS Communications Inc. (TELUS) for the provision of Next Generation 911 (NG911) emergency calling services and dispatch equipment within the City.

Recommendation:  That Council:

1. Authorize the City of Nanaimo to enter into a revised NG911 Local Government Service Agreement (LGA) with TELUS Communications Inc. (the agreement is attached as Appendix A) for a five-year term, with automatic renewals for successive five-year terms; and
2. Authorize the execution of the NG911 Local Government Service Agreement with TELUS Communications Inc., including all subsidiary agreements required, for the provision of NG911 emergency calling services to the residents of the City of Nanaimo.

c.

Mutual Aid Agreement

To be introduced by Tim Doyle, Fire Chief. 

Purpose:  The purpose of this report is to obtain Council’s approval for the City of Nanaimo to enter into a new Mutual Aid Agreement (MAA) with the Cranberry Improvement District, Mountain Improvement District, District of Lantzville, North Cedar Improvement District, and, Extension and District Volunteer Fire Department Society.

Recommendation:  That Council authorize the execution of a new Mutual Aid Agreement with the Cranberry Improvement District, Mountain Improvement District, District of Lantzville, North Cedar Improvement District, and Extension and District Volunteer Fire Department Society, for a five year term.

d.

RDN Mandatory Source Separation Bylaw Implementation Compliance - Parks and Facilities

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

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

1.

Add - report titled "RDN Mandatory Source Separation Bylaw Implementation Compliance - Parks and Facilities"

Purpose:  To summarize the Regional District of Nanaimo’s (RDN) Mandatory Waste Source Separation (MWSS) Bylaw and introduce a phased implementation plan to bring City Parks and Facilities into compliance.

e.

2024 Annual Report for the Advisory Committee on Accessibility and Inclusiveness

To be introduced by Darcie Osborne, Director, Parks, Recreation and Culture. 

Purpose:  To provide the 2024 Advisory Committee on Accessibility and Inclusiveness Annual Report to Mayor and Council for review. 

Recommendation:  That Council review and accept the Advisory Committee on Accessibility and Inclusiveness 2024 Annual Report.

f.

2025-2029 Financial Plan Bylaw 2024, No. 7389 

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

Purpose:  To introduce “Financial Plan Bylaw 2024, No. 7389 for first, second and third readings.

Recommendation:  That:

1. “Financial Plan Bylaw 2024, No. 7389” (To confirm and adopt the 2025 – 2029 Financial Plan) pass first reading;
2. “Financial Plan Bylaw 2024, No. 7389” pass second reading; and,
3. “Financial Plan Bylaw 2024, No. 7389” pass third reading. 

g.

Fees and Charges Amendment Bylaw 2024, No. 7336.13

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

Purpose:  To introduce “Fees and Charges Amendment Bylaw 2024, No. 7336.13” for first, second and third readings.

Recommendation:  That:

1. “Fees and Charges Amendment Bylaw 2024, No. 7336.13” (a bylaw to add fees and charges for the Finance Department) pass first reading;
2. “Fees and Charges Amendment Bylaw 2024, No. 7336.13” pass second reading; and,
3. “Fees and Charges Amendment Bylaw 2024, No. 7336.13” pass third reading. 

h.

Development Permit Application No. DP1334 - 1740 Dufferin Crescent

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 1740 Dufferin Crescent.  

Recommendation:  That Council issue Development Permit No. DP1334 for a multi-family residential development at 1740 Dufferin Crescent with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2024-DEC-16.

i.

Development Permit Application No. DP1349 - 1935 Island Diesel Way

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

Purpose:  To present for Council's consideration a development permit application for a light industrial development with an accessory dwelling unit at 1935 Island Diesel Way.

Recommendation:  That Council issue Development Permit No. DP1349 for a light industrial development at 1935 Island Diesel Way with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2024-DEC-16.

j.

Development Permit Application No. DP1350 - 77 Chapel Street

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 77 Chapel Street.   

Recommendation:  That Council issue Development Permit No. DP1350 for a multi-family residential development at 77 Chapel Street. 

1.

Add - delegation from Greg Mitchell, Primex Investments Ltd. 

k.

2025 Association of Vancouver Island and Coastal Communities Resolutions

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To seek Council direction on the proposed resolutions for the 2025 Association of Vancouver Island and Coastal Communities (AVICC) 2025 Annual General Meeting and Convention.

Recommendation:  That Council direct Staff to submit the following resolutions to the Association of Vancouver Island and Coastal Communities (AVICC) for consideration at their 2025 Annual General Meeting and Convention:

1. WHEREAS Section 506 and Section 506.03 of the Local Government Act enable a local government to regulate and require the provision of works and services in respect to the development of land;
   AND WHEREAS there is no mechanism currently in the Local Government Act to allow for local governments to accept payment of money in lieu of the provision of works and services, unlike in other circumstances in the Local Government Act;
   THEREFORE BE IT RESOLVED that AVICC advocate for the provincial government to amend the Local Government Act to allow for the payment of money in lieu of works and services in respect to the development of land being established through subdivisions and building permits, enabling local governments to pool funding for more impactful projects which could benefit a broader area and better assist in achieving community goals for safety, connectivity or transportation management.
2. WHEREAS the current funding model in Canada is outdated and unsustainable, as outlined in the Federation of Canadian Municipalities’ report Making Canada’s Growth a Success: The case for a municipal growth framework, leaving municipalities with limited options to pay for growth-related infrastructure which is critical for municipalities to meet their housing needs; 
   AND WHEREAS British Columbia is the only province in Canada requiring elector approval to allow local governments to borrow money for necessary infrastructure-related projects;
   THEREFORE BE IT RESOLVED that AVICC call on the provincial government to amend the Community Charter to expand the criteria for the type of infrastructure and capital projects that utilize borrowing without the requirement of electoral approval, to better assist local governments in securing adequate funding for projects that are necessary for the delivery of municipal services.

13.

BYLAWS:

a.

"Waterworks Rate and Regulation Amendment Bylaw 2024, No. 7004.22"

That "Waterworks Rate and Regulation Amendment Bylaw 2024, No. 7004.22" (a bylaw to set the water rates for 2025) be adopted.

b.

"South West Bulk Water Rate Amendment Bylaw 2024, No. 7099.13"

That "South West Bulk Water Rate Amendment Bylaw 2024, No. 7099.13" (a bylaw to set the 2025 bulk water rate for South West Extension) be adopted. 

c.

"Sewer Regulation and Charge Amendment Bylaw 2024, No. 2496.38"

That "Sewer Regulation and Charge Amendment Bylaw 2024, No. 2496.38" (a bylaw to set the 2025 rates for sanitary sewer) be adopted.

d.

"User Fee Subsidy Amendment Bylaw 2024, No. 7095.06"

That "User Fee Subsidy Amendment Bylaw 2024, No. 7095.06" (a bylaw to set the 2025 thresholds for User Fee Subsidies) be adopted.

e.

"Municipal Solid Waste Collection Amendment Bylaw 2024, No. 7128.16"

That "Municipal Solid Waste Collection Amendment Bylaw 2024, No. 7128.16" (a bylaw to set the solid waste collection rates for 2025) be adopted.

f.

"Zoning Amendment Bylaw 2024 No. 4500.230"

That "Zoning Amendment Bylaw 2024 No. 4500.230" (to rezone 5300 Tanya Drive from Urban Reserve [AR2] to Steep Slope Residential [R10] with site-specific density) be adopted. 

g.

Add - "Business Licence Bylaw Amendment Bylaw 2024, No. 7318.02"

That “Business Licence Bylaw Amendment Bylaw 2024, No. 7318.02” (a bylaw to clarify the licence terms of short-term rentals) be adopted. 

14.

CORRESPONDENCE:

a.

Add - Loaves and Fishes Community Food Bank Request for a Letter of Support re: Funding for a New Food Recovery and Distribution Facility

15.

NOTICE OF MOTION:

16.

OTHER BUSINESS:

17.

QUESTION PERIOD:

18.

ADJOURNMENT: