MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, February 22, 2021

3:00 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 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;
(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or other employee relations;
(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;
(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;
(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under Section 21 of the Freedom of Information and Protection of Privacy Act;
(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;
(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under Section 98 [annual municipal report];
(m) a matter that, under another enactment, is such that the public body may be excluded from the meeting; and,

Section 90(2):

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2021-JAN-21,  at 7:00 p.m.

b.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2021-FEB-01, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Environment Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2020-NOV-04, at 5:00 p.m.

b.

Minutes

Minutes of the Governance and Priorities Committee held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Monday, 2021-JAN-11, at 1:00 p.m.

c.

Minutes

Minutes of the Environment Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2021-JAN-27, at 5:01 p.m.

d.

Minutes

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2021-FEB-08, at 1:00 p.m.

e.

Minutes 

Minutes of the Special Health and Housing Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2021-FEB-10, at 3:03 p.m.

10.

CONSENT ITEMS:

a.

Environment Committee 2021-JAN-27

[Note:  A link to the Agenda for the 2021-JAN-27 Environment Committee Meeting is attached for information.]

1.

2021 Environment Committee Workplan

That Council endorse the 2021 Environment Committee Workplan as outlined in the report titled “2021 Environment Committee Workplan”, dated 2021-JAN-27.

2.

City Portrait Environmental Indicators

That Council direct Staff to schedule a charrette to help refine indicators for use in developing the City Portrait for Nanaimo as part of the REIMAGINE NANAIMO process.

b.

Governance and Priorities Committee Meeting 2021-FEB-08

[Note:  A link to the Agenda for the 2021-FEB-08 Governance and Priorities Committee Meeting is attached for information.]

[Note:  Updated Council resolutions and backgrounders are attached.]

1.

Right to Repair

That Council submit the following resolution and backgrounder to the Association of Vancouver Island and Coastal Communities for consideration at the 2021 Annual General Meeting and Convention:

Right to Repair

Whereas the longevity of items is decreasing because manufacturers are deliberately designing products to be disposable and;

Whereas citizens and businesses are deterred from repairing their belongings by companies that claim ownership over the intellectual property in their products, fail to provide parts or other aspects that make it hard to repair items;

Therefore be it resolved that UBCM ask the Province of BC to draft and enact Right to Repair legislation.

2.

BC Government's Commitment to a Province Wide Strategy to Manage Construction and Demolition Waste

That Council submit the following resolution and backgrounder to the Association of Vancouver Island and Coastal Communities for consideration at the 2021 Annual General Meeting and Convention:

BC Government’s commitment to a Province Wide Strategy to Manage Construction and Demolition waste

Whereas construction and demolition (“C&D”) waste comprises approximately 2.8 million metric tonnes of materials annually in British Columbia (“BC”), and about one-third of municipal solid waste disposed in the province; and,

Whereas the materials disposed could have been resold, reused or recycled, they represent sources of embodied carbon, and deconstruction provides six times more job opportunities; and,

Whereas recent research in just Metro Vancouver suggests the value of salvageable wood at $343 million annually, and the addition of other materials and other regions would radically increase this number of value;

Therefore be it resolved that UBCM request the Ministry of Environment and Climate Change Strategy develop a plan, including changes to regulations, provincial procurement policy, and economic and industrial policy, to significantly reduce Construction and Demolition waste.

3.

BC Circular Economy Strategy

That Council submit the following resolution and backgrounder to the Association of Vancouver Island and Coastal Communities for consideration at the 2021 Annual General Meeting and Convention:

BC Circular Economy Strategy

Whereas the provisioning and management of goods and food consumed by BC communities produces excessive and unnecessary quantities of waste, pollution and carbon emissions that threatens environmental health; and,

Whereas the concept of a Circular Economy provides a vision and framework to design out waste and pollution, keep products and materials in use and regenerate natural systems to help BC communities move towards Zero Waste; and,

Whereas, the province has yet to develop a comprehensive strategy to transition BC’s economy to a circular one;

Therefore, be it resolved that UBCM request that the province of BC develop a provincial Circular Economy strategy.

4.

To Reinstate Three-Year Local Government Terms of Office

That Council submit the following resolution and backgrounder to the Association of Vancouver Island and Coastal Communities for consideration at the 2021 Annual General Meeting and Convention:

To Reinstate Three-Year Local Government Terms of Office

WHEREAS:  Three-year terms allow greater accountability to voters, who are able to show, through, elections, their regard for the directions their local governments are taking, and;

WHEREAS:  Four-year terms are an onerous commitment for many, and more likely to make potential candidates willing to stand for election hesitant to do so; and

THEREFORE:  Be it resolved that the provincial government reinstate three-year local government terms of office.

c.

Special Health and Housing Task Force Meeting 2021-FEB-10

[Note:  A link to the Agenda for the 2021-FEB-10 Special Health and Housing Task Force Meeting is attached for information.]

1.

Health and Housing Action Plan Implementation

That Council endorse the draft Health and Housing Action Plan.

2.

Health and Housing Action Plan Implementation

That Council direct Staff to convene a transition group to establish the overall governance requirements as well as guide the implementation of the System Planner Organization and report back to Council. 

11.

DELEGATIONS:

12.

REPORTS:

a.

Council Resolution to the Association of Vancouver Island and Coastal Communities Regarding Restorative Justice Programs

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To provide Council with background information on the use of Restorative Justice as a means of resolving bylaw contraventions. 

b.

2020 - 2024 Financial Plan Bylaw

To be introduced by Shelley Legin, General Manager, Corporate Services.

Purpose:  To introduce “Financial Plan Amendment Bylaw 2021 No. 7307.02” for first, second and third readings, for changes that have occurred since the bylaw was last amended on 2020-MAY-11.

Recommendation:

1. That “Financial Plan Amendment Bylaw 2021 No. 7307.02” (To amend the 2020 – 2024 Financial Plan), pass first reading;
2. That “Financial Plan Amendment Bylaw 2021 No. 7307.02” pass second reading; and,
3. That “Financial Plan Amendment Bylaw 2021 No. 7307.02” pass third reading.

c.

Public Hearing Policy

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

Purpose:  To introduce a revised Council policy to establish the process for holding public hearings and for receiving oral and written presentations.

Recommendation:  That Council endorse the Public Hearing Process policy as attached to the February 22, 2021 report by the Deputy City Clerk.   

d.

Development Permit Application No. DP1146 - 3201 Lauren Mary Place

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To present for Council’s consideration, a development permit application for a 13-unit multi-family development at 3201 Lauren Mary Place.

Recommendation:  That Council issue Development Permit No. DP1146 at 3201 Lauren Mary Place with the following variances:

• increase the maximum allowable building height for Block 1 from 9m to 10.71m;
• increase the maximum allowable building height for Block 2 from 9m to 11.32m;
• increase the maximum allowable building height for Block 3 from 9m to 11.77m; and,
• reduce the minimum required rear yard setback for Block 1 from 7.5m to 7.04m.

e.

Development Permit Application No. DP1196 - 1174 Island Highway South

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To present for Council’s consideration, a development permit application to replace an existing valve station within the required watercourse setback for the Chase River.

Recommendation:  That Council issue Development Permit No. DP1196 at 1174 Island Highway South with a variance to reduce the minimum required watercourse setback from 30m to 15.5m for the proposed valve station building at the Chase River Pump Station.

f.

Development Permit Application No. DP1209 - 702 Nicol Street

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To present for Council’s consideration, a development permit application and housing agreement for a personal care facility with 59 supportive housing units at 702 Nicol Street.

Recommendation:  That Council issue Development Permit No. DP1209 at 702 Nicol Street, subject to the City receiving a Freeze Release from the Ministry of Environment, with the following variances:

• increase the maximum permitted building height from 14m to 15.6m;
• increase the maximum permitted fence height from 1.8m to 3.3m in the rear yard;
• reduce the minimum required landscape buffer width from 1.8m to 0m on portions of the side property lines; and
• reduce the minimum required parking spaces from 12 spaces to 7 spaces.

And that:

1. “Housing Agreement Bylaw 2021 No. 7322” (to secure unit affordability) pass first reading;
2. “Housing Agreement Bylaw 2021 No. 7322” pass second reading;
3. “Housing Agreement Bylaw 2021 No. 7322” pass third reading; and,
4. Council direct Staff to register a covenant on the title of the land to reinforce the terms of the housing agreement. 

1.

Development Permit Application No. DP1209 - 702 Nicol Street - Add delegations from Sean Rorison, BC Housing; Chad Zyla, s2 Architecture; Mike Ryan, s2 Architecture.

g.

Development Variance Permit Application No. DVP411 - 1768 Rajeena Way

To be introduced by Dale Lindsay, General Manager, Development Services.

Purpose:  To present for Council’s consideration, a development variance permit application to allow a fence height variance at 1768 Rajeena Way for an existing retaining wall and fence.

Recommendation:  That Council issue Development Variance Permit No. DVP411 at 1768 Rajeena Way with the following variance:

• increase the maximum combined height for a retaining wall and fence permitted within the rear and side yard setbacks from 2.4m to 5.41m.

13.

BYLAWS:

a.

"Checkout Bag Regulation Bylaw 2020 No. 7283" 

That “Checkout Bag Regulation Bylaw 2020 No. 7283” (To regulate single use checkout bags) be adopted.

b.

Bylaw Status Sheet (For information)

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Correspondence dated 2021-JAN-27, from the Regional District of Nanaimo, re:  Letter to Minister Malcolmson Regarding Establishing Treatment Facilities and Complex Care Housing in the Regional District of Nanaimo

b.

Correspondence received 2021-FEB-03 from Councillor Hamilton, City of Courtenay re:  Help Cities Lead Campaign

c.

Correspondence dated 2021-JAN-18 from The PACE BC Steering Committee re:  Adoption of the Property Assessed Clean Energy (PACE) Financing in British Columbia

16.

ADJOURNMENT: