Minutes of the Special Council Meeting - July 24, 2023

1. TERRITORIAL ACKNOWLEDGEMENT

M. Watmough, Deputy Director of Corporate Services, read the City of Langford's Territorial Acknowledgment.

2. CALL TO ORDER

Mayor Goodmanson called the meeting to order at 7:10 pm.

3. APPROVAL OF THE AGENDA

MOVED BY: HARDER
SECONDED: GUIRY
THAT Council approve the agenda as presented.
MoƟon CARRIED.

4. PUBLIC PARTICIPATION

The Mayor opened the Public Participation period at 7:13 p.m.

• J. Cullington, Acemink Rd – re: item 6.6 – Speaker was in attendance representing the Juan de Fuca Performing Arts Centre Society. Speaker clarified that the accessibility study is already underway to create an inclusive environment.
• T. Sunshine, Langvista Dr – re: item 6.2 – Speaker noted the CMHC Accelerator Fund and thanked Council for their consideration of this item noting potential benefits to the community. Re: item 7.2 – Speaker expressed a need for decorum and focus during meetings of Council.
• R. McClure, Bellamy Rd – re: item 6.2 – Speaker expressed concern with allowing pre-zoning through the CMHC Accelerator Fund. Re: item 7.2 – Speaker expressed concern with the broadness of terms used noting that public participation may be shut down based on subjective interpretation.
• A. Rossander, Ravensview Dr – re: item 7.2 – Speaker expressed concern with the proposed bylaw amendments noting lack of public engagement. Speaker noted legal advice should be sought.
• S. Sifert, Walfred Rd – re: item 7.2 – Speaker expressed opposition to the proposed bylaw amendments noting the addition of sections 33-35.
• N. McNeilly, Lakehurst Dr – re: item 7.2 – Speaker noted Council should undertake a review of best practices and legislation. Speaker suggested a rearrangement of Chambers.
• L. Foxall, Players Dr – re: item 7.2 – Speaker expressed concern with the proposed bylaw amendments. Speaker expressed concern with disallowing photography, videography, and signage in Council Chambers.
• G. Haythornwaite – re: item 7.2 – Speaker expressed opposition to the proposed bylaw amendments noting changes to Public Participation are not aimed at enhancing public input or improving governance.
• R. Louie, Bellamy Rd – re: item 7.2 – Speaker expressed concern with the proposed bylaw amendments noting the restricting of political opposition is similar to the Indian Act of 1876.
• M. Wignall, Selwyn Rd - re: item 7.2 – Speaker noted the public has the right to question the City and its elected officials in a respectful way. Speaker noted a wish to continue speaking concerns without being shut down by the proposed bylaw amendments.
• M. Morton, Phelps Ave – re: item 7.2 – Speaker noted that the banning of photography and videography is unprecedented within the CRD. Speaker noted that this would not stop residents who disagree.
• E. Lawson, Happy Valley Rd – re: item 7.2 – Speaker expressed concern with the bylaw noting it is an overstep/unnecessary and restricts Council Chamber proceedings. Speaker encouraged Council to revise these proposed amendments and engage with the public on a broader scale.

The Public Participation period ended at 7:58 p.m.

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5. COMMITTEE RESOLUTIONS

5.1 Sustainable Development Advisory Committee Meeting - July 10, 2023

5.1.1 Minutes of the Sustainable Development Advisory Committee - July 10, 2023

MOVED BY: SZPAK
SECONDED: GUIRY
THAT Council receive the minutes of the Sustainable Development Advisory Committee meeting held on July 10, 2023.
MoƟon CARRIED.

5.1.2 Z22-0038/2139 - 2703, 2707, 2711 Claude and 726 Percy Pl

Councillor Harder left meeting at 7:59 pm and returned at 8:01 p.m.

MOVED BY: SZPAK
SECONDED: GUIRY
That Council:

1. Proceed with consideration of First Reading of Bylaw No. 2139 to amend the zoning designation of the properties located at 2703, 2707, and 2711 Claude Road and 726 Percy Place from One- and Two-Family Residential (R2) to City Centre (CC1) subject to the following terms and conditions:

   a. That the applicant provides, as a bonus for increased density, the following contributions per dwelling unit, prior to the issuance of a building permit:

   i. $750 towards the Affordable Housing Reserve Fund; and
   ii. $2,850 towards the General Amenity Reserve Fund;

   Subject to reductions in accordance with the Affordable Housing and Amenity Contribution Policy and the Atainable Housing Policy depending on use and height.

   b. That the applicant registers, prior to Bylaw Adoption, a road dedication plan for the connection of Percy Place to Claude Road, to the satisfaction of the Director of Engineering;

   c. That the applicant provides, prior to Bylaw Adoption, a Section 219 covenant, registered in priority of all other charges on title, that agrees to the following:

   i. That the following will be provided and implemented to Bylaw No. 1000 standards to the satisfaction of the Director of Engineering prior to the issuance of a building permit:

     1. Full frontage improvements, inclusive of a 1.8 m wide concrete sidewalk, scallop parallel parking, boulevard with grass and street trees, streetlights, and a 1.5 m wide bike lane on Claude Road;  
     2. A storm water management plan; and  
     3. A construction parking and delivery management plan.
   

   ii. That the properties be consolidated prior to issuance of a Development Permit for Form and Character;

   iii. That a separate covenant be registered prior to issuance of a building permit for the proposed development that ensures residential parking is not provided in exchange for compensation separate from that of a residential unit;

   iv. That all concrete used on-site will utilize ready-mix concrete that meets or exceeds the weighted average Global Warming Potential targets based on Concrete BC Baseline (average) mix data, and that prior to the issuance of a Building Permit the applicant shall provide a Type III Environmental Product Declaration that is 3rd party verified specifying the total Global Warming Potential value;

   v. That the building will, at a minimum, be designed to and meet the performance standards of Step 3 of the BC Energy Step Code;

   vi. That, prior to the issuance of a Building Permit, the developer enters into a Housing Agreement with the City that requires either a minimum 10% of units constructed be rented for at least 10% below the benchmark rent for the unit type for a term not less than 25 years or that a minimum of 5% of the units constructed be directed to and sold in accordance with the terms of the Atainable Home Ownership Program Policy (POL-0166-PLAN). The developer shall identify the Atainable Units on the plans submitted for the required Development Permit application;

   vii. That legal public access be provided to the on-site carshare vehicles, prior to the issuance of a building permit, to the satisfaction of the Director of Planning and Subdivision.

AND

1. Direct staff to proceed with a road closure bylaw for a portion of the Percy Place cul de sac abutting 726 Percy Place, subject to the dedication of a 7.5 m width half road connecting Percy Place to Claude Road.

AND

1. Authorize the Director of Planning and Subdivision to grant the following variances within the future development permit:

   a. That Section 6.57.07(1)(b) be varied to reduce the interior side lot line setback from the required 3 m to 2.23 m;

   b. That Section 6.57.07(2)(a) be varied to reduce the front lot line setback on the third storey and higher from the required 4 m to 3.02 m;

   c. That Section 6.57.07(2)(b) be varied to reduce the exterior side lot line setback on the third storey and higher from the required 4 m to 2.19 m; and

   d. That Section 4.01.01 be varied to reduce the required parking from the required 1.25 spaces per residential unit to 1.07 spaces per residential unit, subject to the following:

   i. Providing at least 2 bike parking stalls per residential unit;
   ii. Providing a bike repair area and wash station;
   iii. That at least 5 bike parking stalls can accommodate cargo-bikes;
   iv. That 110v e-bike charging is available in bike storage rooms.

MoƟon CARRIED.

5.1.3 DVP23-0004 - 2621 and 2617 Sooke Road

MOVED BY: SZPAK
SECONDED: GUIRY
THAT Council:

1. Direct staff to provide notice that Council will consider issuing a Development Variance Permit for the property at 2621 Sooke Road with the following variance:

   a. That Section 3.21.03(4)(a) of Zoning Bylaw No. 300 be varied to increase the height of a fence along those interior side lot lines adjoining 2617 Sooke Road from 1.8 m (5.9 Ō) to 2.7 m (9 Ō).
   MoƟon CARRIED.

5.1.4 Z23-0014/2135 - Omnibus No. 63 - Parking and 3-Bedroom Units

MOVED BY: SZPAK
SECONDED: GUIRY
THAT Council proceed with consideration of First Reading of Bylaw No. 2135.
MoƟon CARRIED.

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6. REPORTS

6.1 TUP20-0003 - 890 Goldstream Ave - Code Ninjas Computer Programming School - Extension

MOVED BY: GUIRY
SECONDED: YACUCHA
THAT Council renew TUP20-0003 to allow for a computer programing training and educational facility for children at 890 Goldstream Avenue for a period of three years subject to the following conditions:
a. That the Temporary Use Permit be issued only to Jesse Bowness, doing business as Code Ninjas Westshore and not be transferred to any subsequent business or business owner should Code Ninja Westshore cease to operate.
MoƟon CARRIED.

6.2 CMHC Housing Accelerator Fund

L. Stohmann, Deputy Director of Planning, provided an overview of the report and responded to questions from Council.

MOVED BY: YACUCHA
SECONDED: SZPAK
THAT Council endorse the list of Action Plan initiatives as presented by staff for the Housing Accelerator Fund application.

Prior to consideration of the Main Motion:
Amendment:
MOVED BY: HARDER
SECONDED: GUIRY
THAT the Main Motion be amended by including the following: "with the inclusion of a housing needs report to beter quanƟfy and understand gaps in the housing conƟnuum across Langford."
MoƟon CARRIED.

The vote was taken on the Main Motion as amended and declared CARRIED.

6.3 Award of Construction Contract Irwin Road Upgrades

K. Balzer, Director of Engineering and Public Works provided an overview of the report and responded to questions from Council.

MOVED BY: SZPAK
SECONDED: YACUCHA
THAT Council authorize West Shore Environmental Services to construct the extension of sewer on Irwin Road, to be completed by June 30, 2024, on the basis that only typical sewer connection fees will be charged to those connecting and with no contribution in aid of construction from the City;
AND

THAT Council approve the award the construction contract for Irwin Road Upgrades project (2023) at an amount of $4,269,600.00 plus GST to G&E Contracting LP and fund the City’s portions from Road DCCs and surplus;
AND

THAT Council approve the additional funding for the waterworks, electrical, and landscaping from surplus at an amount of $1,412,410 plus GST (of which $70,000 is recoverable);
AND

THAT Council approve the Irwin Road Improvements capital project 2023 budget increase from $1,300,000 to $2,001,528 plus GST to be funded from Road DCCs;
AND

THAT Council direct staff to work with West Shore Environmental Services to issue a cost-savings change order post-award for open cut installation of the sewer which includes the removal of the Coast Redwood (Sequoia Sempervirens; tag no. 117);
AND

THAT Council direct staff direct that seven (7) new Sequoias be planted throughout the City, in accordance with the Tree Replacement Policy, to be completed to the satisfaction of the Director of Parks, Recreation and Facilities by December 31, 2024.

Prior to consideration of the Main Motion:
Amendment:
MOVED BY: HARDER
SECONDED: SZPAK
THAT seven (7) be replaced with fourteen (14) and "Sequoias" be replaced with "trees that will have the best chance of survival once a location has been determined."
MoƟon CARRIED.

Prior to consideration of the Main Motion:
Amendment:
MOVED BY: SZPAK
SECONDED: HARDER
THAT "fourteen (14) Sequoias" be replaced with "seven (7) Sequoias and seven (7) mixed trees"
OPPOSED: Councillor Guiry, Councillor Morley
MoƟon CARRIED.

The vote was taken on the Main Motion as amended and declared CARRIED with Mayor Goodmanson opposed.

6.4 Greater Victoria Public Library, Goudy Branch – Lease Agreement

MOVED BY: SZPAK
SECONDED: YACUCHA
THAT Council approve the Lease Agreement and authorize it to be signed by the Mayor and Corporate Officer or Chief Administrative Officer on the terms substantially as presented, although minor amendments may be made prior to signing.
MoƟon CARRIED.

6.5 Mutual Aid Contract Renewal with City of Colwood

C. Aubrey, Fire Chief, provided an overview of the report and responded to questions from Council.

MOVED BY: HARDER
SECONDED: YACUCHA
THAT Council approve the mutual aid agreement as atached for fire rescue services between the Cities of Langford and Colwood, subject to minor amendments as may be necessary and authorize the Mayor and Chief Administrative Officer or Corporate Officer to execute the agreement;
MoƟon CARRIED.

6.6 Juan de Fuca Performing Arts Centre Society (PACS) Request for Funding

MOVED BY: YACUCHA
SECONDED: HARDER
THAT Council approve the $3100 as part of the 2023 Funding Request process.
OPPOSED: Councillor Morley
MoƟon CARRIED.

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7. BYLAWS

7.1 BYLAW NO. 2135

"Langford Zoning Bylaw, Amendment No. 701, (Omnibus No. 63 - Text Amendment to Remove Clause Requiring Second Parking Stall for Three-Bedroom Units), Bylaw No. 2135, 2023" (FIRST READING)

MOVED BY: SZPAK
SECONDED: GUIRY
THAT Council give Bylaw No. 2135 first reading.
MoƟon CARRIED.

7.2 BYLAW NO. 2138

(Background report attached)
"Council Procedure Bylaw, Amendment No. 2, Bylaw No. 2138, 2023". (FIRST, SECOND AND THIRD READING)

M. Watmough, Corporate Officer provided an overview of the report and responded to questions from Council.

MOVED BY: HARDER
SECONDED: YACUCHA
THAT Council
Give first second and third readings to Bylaw No. 2138 with the following changes:

1. Part 2 - Council Meetings, Time and Location of Meetings (9) "Council meetings will begin at 7:00 pm, and must be adjourned by 10:00 pm the same day unless Council resolves by a 2/3 vote to extend the meeting to 11 pm, with any further extension requiring a unanimous vote".
2. Part 4 - Council Proceedings, Attendance of Public Meetings (33) and (34) be removed.

Prior to consideration of the Main Motion:
Amendment:
MOVED BY: WAGNER
SECONDED: SZPAK
THAT the following amendments be made to the Main Motion:
3. Part 4 - Council Proceedings, Attendance of Public Meetings (36) replace "unanimous" with "two-thirds."
4. Part 4 - Council Proceedings, Attendance of Public Meetings (39) strike out items (a) - (d) and "including but not limited to"
MoƟon CARRIED.

The vote was taken on the Main Motion as amended and declared CARRIED.

Prior to consideration of the Main Motion:
Amendment:
MOVED BY: YACUCHA
SECONDED: WAGNER
THAT the following amendment be made to the Main Motion:
5. Part 4 - Council Proceedings, Attendance of Public at Meetings (35) be replaced with the following: " Members of the public are not permited to use a sign or banner in such a manner that causes obstruction of view or disturbance for other members of the public in the gallery."
MoƟon DEFEATED.

MOVED BY: SZPAK
SECONDED: HARDER
THAT the Council meeting extend until 11:00 p.m. or until the business is concluded.
MoƟon CARRIED.

MOVED BY: MORLEY
SECONDED: WAGNER
THAT Council defer the first, second, and third reading of this bylaw for at least 30 days to reflect on the content of the proposed changes.
This Motion died on the floor.

7.3 BYLAW NO. 2139

"Langford Zoning Bylaw, Amendment No. 703, (2707 and 2711 Claude Rd and 726 Percy Place), Bylaw No. 2139, 2023". (FIRST READING)

MOVED BY: HARDER
SECONDED: GUIRY
THAT Council give Bylaw No. 2139 first reading.
MoƟon CARRIED.

7.4 BYLAW NO. 2140

"City of Langford Bylaw Notice Enforcement Bylaw Amendment No. 2, Bylaw No. 2140, 2023”. (ADOPTION)

MOVED BY: SZPAK
SECONDED: YACUCHA
THAT Council adopt Bylaw No. 2140.
MoƟon CARRIED.

7.5 BYLAW NO. 2141

"City of Langford Ticket Information Authorization Bylaw, Amendment No. 21, Bylaw No. 2141, 2023”. (FIRST, SECOND AND THIRD READINGS)

MOVED BY: HARDER
SECONDED: YACUCHA
THAT Council give first, second and third readings to City of Langford Ticket Information Authorization Bylaw, Amendment No. 21, Bylaw No. 2141, 2023.
MoƟon CARRIED.

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8. ADJOURNMENT

MOVED BY: YACUCHA
SECONDED: GUIRY
THAT Council adjourn the meeting at 10:20 p.m.
MoƟon CARRIED.

Presiding Council Member

Certified Correct - Corporate Officer