Council – February 4, 2019

Another week, another long Council meeting, as we heard from the public about our efforts to address the renoviction issue. Again, there is much to say about the public delegation part of the evening, but I am going to hold that off for a follow-up post, while this one summarizes all of the other important stuff on the Agenda that you may have missed.

We started with Opportunities to be Heard on three issues:

Development Variance Permit for 381 Keary Street (DVP00659)
This property owner in Sapperton wishes to create a legal secondary suite, but their house has no back alley access, nor is there room beside their house for a driveway to a back parking lot. So they want to create a front yard parking pad, which is a violation our zoning. That said, Keary Street is one where almost every house already has a front driveway and many have front parking pads – actually, this house already has a parking pad over most of this area, so we are more permitting a non-conforming use that is common on the street.

We received three pieces of correspondence (two supporting the application, one against), and no-one came to speak on the Variance. Council moved to approve the variance.

Development Variance Permit for 341 Johnston Street (DVP00658)
This is one of those cases where a DVP is required because a proposed and reasonable subdivision of a lot will result in the frontage being less than 10% of the circumference of the property because of the unusual depth of the lot. This is one of those arbitrary rules that serves as a check on how lot lines are developed in the City, and one for which a variance is usually approved if the lot frontage is reasonable.

No-one wrote or appeared to address this variance, and Council moved to approve it. We also move that future parcels created from this property will be exempt from the same rule.

Business Regulations and Licensing (Rental Units) Amendment Bylaw No. 8085, 2019
This was the agenda item that got the most attention, and we had something like 30 delegations and even more correspondence on it, almost all in favour. I will write more about this in a follow-up post, but for now suffice to say we are taking some creative action to protect tenants from unnecessary renoviction in the City as part of our larger Rental Revitalization program.


The following items were Moved on Consent:

Investment Report to December 31, 2018
The City has $163 Million in the bank, which is $6.6 Million more than at the beginning of last year. Our savings are in a combination of commercial bank savings accounts and Municipal Finance Authority investment funds. We are expected to make a little more than the $2.3 Million we budgeted in interest for this fiscal year.

I need to point out, this is more than the amount of debt we have issued, and we are making more on our investments than we are paying interest on our debts.

It is also important to note that most of this “savings” is not money we can take out and spend at will or use to reduce your tax rates this year. Most of it is restricted to a specific use, such as the $15 Million or so we have saved up to spend on the Canada Games Pool replacement, or the money we have collected from DCCs to invest in sewer upgrades when they are required. I wrote a primer on this here.

Major Purchases September 1st to December 31st, 2018
This is out three-times-a-year report on our major purchases, for those interested in the results of our public procurement processes, be that sole-sourced or tenured.

Recruitment 2019: Appointment to the Intelligent City Advisory Committee
We have named a representative from the Ministry of Transportation in Infrastructure to the ICAC This position exists for a couple of reasons: MOTI owned conduit and right of way through which much optical fibre stretches, and because intelligent transportation systems is a major area of interest for both the MOTI and the City.

Phase I Infill Housing Program: One-Year Update and Zoning Amendment Bylaw No. 8067, 2019 – Bylaw for First and Second Readings
The City passed a new Official Community Plan in 2017 after more than three years of intensive community conversations. Once the plan was passed, staff moved onto creating policies that will see the vision of the OCP realized – the “implementation phase” in planner-speak.

Part of the OCP vision was to see more gentle infill density to increase housing choice in the majority of our City that is still designated for single family detached homes. This includes encouraging small townhouse (strata tenue) and rowhome (freehold tenure) developments around the periphery of the SFD zones, and Laneway and Carriage houses within the SFD zones. At the time, we asked Staff to track the success of this, and report back to us on how the guidelines and policies were going – recognizing the land use economics can shift quickly and best laid plans can age quickly.

Short version: we have had 22 formal applications for laneway and carriage houses after more than 100 inquiries. Some are being built today. The townhouse/rowhome side is not moving very quickly, with two applications in process (representing up to 59 homes), though both have local gradient situations that require some adaption from the guidelines.

At the same time, staff are proposing some modest changes in the bylaws and guidelines. A couple would follow under the category of “housekeeping”, the rest are subtle changes in how FSR is calculated in one of these developments to meet the massing-control and other goals of the original guidelines while providing more flexibility for the builder and designer to make a livable space. These changes would need to go to a Public Hearing, so watch this space.

Keary Street Sewer Installation (Royal Columbian Hospital Project): Request for Construction Noise Bylaw Exemption
Installing storm sewer upgrades on Keary Street below east Columbia as part of the RCH project will require some nighttime work during late February and early March, but not on weekends. They need a Noise Bylaw exemption to make this happen.

Building Bylaw Amendment Bylaw No. 8084, 2019: Rescind Second and Third Readings and Amend Bylaw – Consideration of Readings
We are getting sloppy. Once again we read the wrong version of a bylaw at first and second reading. So we need to rescind second and third, replace it with the right one, and do it again. We’re busy, stuff happens. Good to know we got it right the second time!

Development Services Fees and Rates Housekeeping Amendment Bylaw No. 8094, 2019: Bylaw for Three Readings
This is a follow-up to Bylaw 8084 where we do some housekeeping to assure the language is clear and the new requirements mesh well with existing regulations. Unless you are deeply engrained in the details of “Occupancy Certificates” and “Building Officials”, this may no impact your life.

Quayside Drive Speed Humps & Raised Crosswalks
Speed humps were installed by Metro Vancouver on Quayside Drive as a temporary measure in anticipation that the extended Front Street closure would result in heavier traffic and associated unsafe driving on Quayside Drive. Once they were installed, the City received both kudos and criticism from Quayside residents, as is to be expected. Some don’t like the rougher ride, some like the reduced speeds. Despite a few of them being installed in a way that actually made crosswalks less accessible (since fixed), the data indicated that the speed humps had a marginal effect on average and 85th percentile speeds, but did significantly reduce the number of excessive speeders. So in that sense, they work.

Given some mixed reaction from the neighbourhood, staff is going to go to the Quayside RA and to residents in general to decide whether the speed humps should stay or go.

European Chafer Management Program Update
The City is going to continue the subsidized nematode program to keep a few dozen private lawns tidy and unsustainably monocultural in the City for another year. Insert expressionless face emoji here.

New Westminster Urban Solar Garden – Installation of Second Array
We have reached the point where enough people have signed up for a second array for the Solar Garden project. This might be the coolest little community action thing I have ever had the pleasure to approve. It shows that people, when given the tools, want to take personal action to find local solutions to global issues. You can still buy a panel here, but act fast.


The following items were Removed from Consent for discussion:

Pier West Development, 660 Quayside Drive – Construction Update
This is an update on the construction project on the waterfront that has been causing some disruption, both to the physical space and to the peace and quiet of the neighbourhood. I will probably write a follow-up blog on this, but the short version is that we all realized this was going to be a big and disruptive piece of construction, but recognized that the end result was going to be a great addition to our Riverfront. The developer and their construction contractors have had some challenges with the alternative pile driving strategy, and there were two incidents where the contractor on site violated the agreement they had with the City around construction timing, and both times Bosa was fined. They have subsequently worked with city staff to resolve the scheduling conflicts that resulted in the fines, and have taken efforts to reach out to the Downtown business community and residents. Meanwhile they are adapting their construction plans to address challenges as they arise in what is an incredibly challenging project – both in its technical nature and in the jurisdictional challenges.

The current secant pile work will be going on until March, and it is possible that the impact drivers will be operating one or two days a week during regular construction hours during this time. Bosa are working with the City to maintain accessibility to the River Market and the Pier Park, and have set up a project website to communicate with the community, and are even holding a community meeting next week (follow that last link for details) to let the neighbourhood know what is going on.

Royal City Taxi Ltd./Queen City (Bonnie’s) Taxi Ltd: Commercial Vehicle Amendment Bylaw No. 8091, 2019 to Add Vehicles – Bylaw for Three Readings
Once again the local taxi companies are applying to the City and the Passenger Transportation Board of the province to add vehicles to their fleets so you won’t have to wait a half hour for one to show up. Royal City Taxi was permitted 9 new vehicles, none of which is required to be an accessible vehicle. Queen City Taxi was permitted 2 new vehicles (they applied for three). Neither of which is required to be an accessible taxi.
The justification of the Passenger Transportation Board for the lack of new accessible taxis was, essentially, that 17% of the local fleet is accessible, and both of these operators have 17% or more of their fleet accessible, which is perfect circular reasoning. Unfortunately, it did not address the concern raised by this Council last year (brought to our attention by the Access Ability Advisory Committee) that the local accessible fleet is inadequate. Council even wrote them a letter to the effect, asking them to increase the accessible fleet next time they g o through this exercise.

Clearly they were no compelled by our letter, so we are going to send them another one, asking them why not. Because that would be the polite thing to do.

Short Term Rental Regulation: Proposed Approach and Next Steps
The issue of Short Term Rentals (AirBnB, VRBO, and the such) has been bubbling along below the surface for a couple of years. I even hosted a Metro Conversation in New Westminster on the topic two years ago, where we talked frankly about the opportunities, and potential problems, related to this “disruptive” industry and the regulation of it.

Vancouver recently passed a set of regulations for STRs in their community, and a few other communities from Nelson to Victoria have taken somewhat different approaches to the regulation. The City of New West has decided to take the Vancouver model, and use that as a framework to be adapted through a public consultation process in order to make a modified set of regulations to fit our situation. This will be going out to the STR operator community and the public, so watch this space!

Restorative Justice Committee: Union of BC Municipalities (UBCM) Motion for Support of the Indigenous Court System
Council is taking a motion to the UBCM asking the federal government to invest in a restorative justice and community based court system for indigenous peoples, as part of a larger effort to address the systemic flaws in our existing justice system that sees indigenous people incarcerated at an unbelievably higher rate than the rest of the Canadian Population.


We read a bunch of Bylaws including adoption of the following:

Bylaw Notice Enforcement Housekeeping Amendment Bylaw No. 7960, 2019 and
Municipal Ticket Information Bylaw No. 8077, 2019
These Bylaws that clear up our ticketing bylaws and update our fines for a variety of offences, including some of the ones that make our pedestrian spaces less safe, as discussed at the January 28 meeting, were adopted by Council.

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