CITY COUNCIL MEETING
AGENDA

Monday, February 27, 2023 at 6:00 P.m. - 8:00 P.m.

Meeting held electronically and open to public attendance

Council Chamber, City Hall

We recognize and respect that New Westminster is on the unceded and unsurrendered land of the Halkomelem speaking peoples. We acknowledge that colonialism has made invisible their histories and connections to the land. As a City, we are learning and building relationships with the people whose lands we are on.

 

LIVE WEBCAST: Please note City Council Meetings, Public Hearings, Council Workshops and some Special City Council Meetings are streamed online and are accessible through the City’s website at http://www.newwestcity.ca/council  

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1.

CALL TO ORDER AND LAND ACKNOWLEDGEMENT

The Mayor will open the meeting and provide a land acknowledgement.

2.

CHANGES TO THE AGENDA

Urgent/time sensitive matters only

3.

ISSUANCE OF PERMITS

3.1

Development Variance Permit DVP00701 for 311 Ash Street

a.

Copy of Notice

b.

Director of Climate Action, Planning and Development's report dated February 13, 2023

c.

Statement concerning the number of written submissions received, including On Table submissions (City Clerk)

d.

Council Decision

THAT Council approve/reject issuance of Development Variance Permit DVP00701 subject to staff working with the proponent to mitigate and reduce the loss of trees.

4.

CONSENT AGENDA

If Council decides, all the recommendations in the reports on the Consent Agenda can be approved in one motion, without discussion. If Council wishes to discuss a report, that report is removed from the Consent Agenda. A report may be removed in order to discuss it, because someone wants to vote against the report’s recommendation, or because someone has a conflict of interest with the report. Any reports not removed from the Consent Agenda are passed without discussion.

• Recommendation:

  THAT Council adopt the recommendations for items # on consent.

4.1

Considerations Related to a Review of the Existing Council Code of Conduct

To provide Council with information on the new statutory requirements to consider a review of its Code of Conduct. A new Council Code of Conduct will be based on best practices.

• Recommendation:

  THAT Council direct the Solicitor to begin the statutory process of considering a review of the existing Council Code of Conduct and prepare a new Code of Conduct through workshops with City Council.

4.2

Construction Noise Bylaw Exemption Request: 2126 Seventh Avenue (22nd Street SkyTrain Station)

To request that Council grant an exemption to TransLink from Construction Noise Bylaw No. 6063, 1992 from 10 PM to 7 AM starting March 1st, 2023 to November 30th, 2023 including Saturdays, but excluding Sundays and Statutory Holidays to modify the 22nd Street SkyTrain infrastructure to increase egress from the station.

• Recommendation:

  THAT Council grant a noise exemption to TransLink from Construction Noise Bylaw No. 6063, 1992 from 10 PM to 7 AM starting March 1st, 2023, to November 30th, 2023 including Saturdays, but, excluding Sundays and Statutory Holidays, to modify the 22nd Street SkyTrain infrastructure to increase egress from the station.

4.3

Development Variance Permit: 231 Lawrence Street – Permit to Vary Lot Frontage

The purpose of this report is to request that Council issue notice that it will consider Development Variance Permit DVP00708 to reduce the minimum required lot frontage requirement in the RQ-1 zone for the property at 231 Lawrence Street from 10% to 8.75% (reduction of 1.25%).

• Recommendation:

  THAT Council issue notice that it will consider issuance of Development Variance Permit DVP00708 to vary the minimum permitted lot frontage for 231 Lawrence St.

  THAT Council resolve to exempt the new parcels created from 231 Lawrence Street from the statutory minimum frontage requirements set out in section 512 of the Local Government Act.

4.4

Exception to the CDSA exemption to address illicit drug use in spaces for children and youth (Circulated Separately)

The purpose of this report is to seek Council endorsement to send a resolution to LMLGA and UBCM with respect to a request to the Province and Health Canada to add an additional exception to the list of exemptions regarding Decriminalization.

• Recommendation:

  THAT Council approve the following resolution to LMLGA and UBCM:

  WHEREAS the BC Government has been granted an exemption by Health Canada from the Controlled Drugs and Substances Act to decriminalize the possession of certain illegal drugs.

  WHEREAS an omission to the exceptions for this exemption could result in nuisance illicit drug use in public park spaces designed for and used by children and youth.

  BE IT RESOLVED THAT LMLGA and UBCM request that the BC Government request Health Canada add “public park spaces designed for and used by children and youth” to the list of exceptions to the Controlled Drug and Substances Act exemption.

4.5

Heritage Revitalization Agreement and Heritage Designation: 802 & 806 Eighth Street and 809 Eighth Avenue – Bylaws for First and Second Readings

To request Council consider the bylaws, which would permit a townhouse development and facilitate protection and conservation of a heritage house.

• Recommendation:

  THAT Council consider Heritage Revitalization Agreement (802 & 806 Eighth Street and 809 Eighth Avenue) Bylaw No. 8379, 2023 and Heritage Designation Bylaw (802 & 806 Eighth Street and 809 Eighth Avenue) No. 8380, 2023 for First and Second Readings, and forward the Bylaws to a Public Hearing.

  THAT Council add the building currently located at 806 Eighth Street to the City’s Heritage Register following the adoption of Heritage Designation Bylaw No. 8380, 2023.

4.6

Housing Agreement Bylaw No. 8376, 2023 for 612 Seventh Avenue – Bylaw for Three Readings

To request that Council: 1) consider Housing Agreement Bylaw No. 8376, 2023 for First, Second and Third Readings, and 2) direct the Mayor and Corporate Officer to sign and execute the Housing Agreement, should it be adopted, to facilitate a secured market rental housing development inclusive of 10 below-market rental units.

• Recommendation:

  THAT Council consider Housing Agreement Bylaw No. 8376, 2023 to authorize the City to enter into a Housing Agreement with the property owner to require that all residential units at 612 Seventh Avenue be secured as rental housing, including 10 below-market rental units and 328 market rental units, for 60 years or the life of the building (whichever is longer)

  THAT Council consider Housing Agreement Bylaw No. 8376, 2023 for First, Second and Third Readings; and,

  THAT Council, should the Housing Agreement Bylaw No. 8376, 2023 be adopted, direct the Mayor and Corporate Officer to execute the Housing Agreement.

4.7

Project Update - təməsew̓txʷ Aquatic and Community Centre (TACC)

The purpose of the report is to provide an update on the current status of the construction, project delivery and proposed opening dates for the təməsew̓txʷ Aquatic and Community Centre (TACC).

• Recommendation:

  THAT Council receive this report for information and direct staff to provide on-going updates on project progress.

4.8

Request for Support for Family Place Relocation in Downtown New Westminster (Circulated Separately)

Due to space requirement at Qayqayt Elementary School, the School District has asked New Westminster Family Place to find new space for programming. Family Place has secured programming space at 960 Quayside Drive and is requesting a one-time emergency grant to offset the value of 2023 municipal taxes.

• Recommendation:

  THAT Council approve a one-time emergency grant in the value of $6,300 toward support for the relocation of New Westminster Family Place to 960 Quayside Drive.

5.

OPPORTUNITY FOR THE PUBLIC TO SPEAK TO COUNCIL – 7:00 PM

6.

BYLAWS

6.1

Bylaws for readings

a.

Heritage Revitalization Agreement (802 and 806 Eighth Street and 809 Eighth Avenue) Bylaw No. 8379, 2023

To relocate the 1929 Sincock House and construct 17 residential units in three new townhouse buildings.  This bylaw is on the agenda for TWO READINGS.

A public hearing will be held for this bylaw.

b.

Heritage Designation (802 and 806 Eighth Street and 809 Eighth Avenue) Bylaw No. 8380, 2023

To designate the 1929 house currently located at 806 Eighth Street as a protected heritage property.  This bylaw is on the agenda for TWO READINGS.

A public hearing will be held for this bylaw.

c.

Housing Agreement (612 Seventh Avenue) Bylaw No. 8376 2023

To secure 328 market rental units and 10 below-market rental units at 612 Seventh Avenue for 60 years or the life of the building (whichever is longer).  This bylaw is on the agenda for THREE READINGS.

6.2

Bylaws for adoption

a.

Housing Agreement (311 Ash Street) Bylaw No. 8382, 2023

To secure 29 existing and five new rental units as market rental units for 60 years or the life of the building, whichever is longer. This bylaw is on the agenda for ADOPTION.

b.

Zoning Amendment Bylaw (228 seventh Street) No. 8373, 2023

To change the property’s zoning to make it consistent with the current use, and enable construction of a detached accessory support building.  This bylaw is on the agenda for ADOPTION.

7.

MOTIONS FROM MEMBERS OF COUNCIL

7.1

Motions for Discussion and Decision

a.

Improving Our Economy by Better Connecting Douglas College Students, Faculty and Staff with our Business Districts (deferred from February 13, 2023)

Submitted by Councillor Fontaine and Councillor Minhas

Whereas New Westminster is home to Douglas College; and

Whereas students play an important role in helping to support a local economy; and

Whereas each year, close to 17,000 students (including 4,210 international students from over 92 countries) take for-credit courses at Douglas College; and

Whereas a targeted marketing campaign aimed at Douglas College students, faculty and staff could encourage them to more frequently visit our business districts: and

Whereas our  business districts have faced significant impacts due to the COVID-19 pandemic and the recent Metro Vancouver sewer construction on Columbia Street

BE IT RESOLVED that Council refer to the Economic Development Advisory Committee for discussion and action as appropriate, a collaborative “Study and Stay” campaign aimed at encouraging students, faculty and staff at Douglas College to more regularly frequent our city's various business districts

b.

Extension of Speed Zone Enforcement Hours

Submitted by Councillor Henderson

WHEREAS it is important to prioritize pedestrian, cyclist, and mobility users’ safety on our roads; and

WHEREAS school facilities are increasingly being used in the mornings and evenings for before- and after-school care and other community-based activities; and

WHEREAS other municipalities have extended the school zone speed limit beyond the current standard of 8am - 5pm in an effort to prioritize safety around schools;

BE IT RESOLVED

THAT Council direct that speed zone enforcement hours be extended and direct staff to bring a report back to Council for approval on how to implement this change including a discussion on:

• The length of the extension i.e. 24 hours, or 7am – 10pm;
• Potential impacts to:
  • Neighbourhoods;
  • Transit; and
  • Traffic Management;
• Any budget Implications; and
• Other concerns arising.

c.

Call to Action on Creating more Equitable Municipalities

Submitted by Councillor Nakagawa

Whereas the City of New Westminster has an equity policy as well as a Diversity, Equity, Inclusion, and Anti-Racism framework,  

Therefore be it resolved THAT

The City of New Westminster submit the following motion to the Lower Mainland Local Government Association for consideration for submission to UBCM:

Whereas systemic inequities are present in all municipalities and prevent all citizens from fully participating in civic life; 

Whereas numerous municipalities across British Columbia and Canada have made progress towards becoming more equitable by committing to embed equity in all government action through the use of analytical processes for the assessment of systemic inequities (e.g., Gender-Based Analysis Plus); 

Therefore be it resolved that the Union of BC Municipalities (UBCM) calls upon the Province of British Columbia and the Government of Canada to provide resources and policy direction to enable municipalities to implement said processes across municipal capital investments, operations and strategic initiatives and once created urge municipalities to use the resources to make measurable progress towards dismantling systemic inequality in our communities.

d.

Providing openness and transparency regarding the personal carbon footprint of elected officials

Submitted by Councillor Fontaine and Councillor Minhas

Whereas it is widely accepted and understood that we are facing critical challenges to our infrastructure and humanity as it pertains to climate change; and

Whereas it is important for all orders of government and their elected officials to demonstrate leadership and accountability when it comes to fighting climate change; and

Whereas members of New Westminster City Council are required by law to declare on an annual basis their financial holdings to the public; and

Whereas a similar disclosure form does not exist to help disclose the estimated carbon footprint of our elected officials on an annual basis; and

Whereas there would be very little administrative cost but significant public good in reporting each year the estimated carbon footprint of our elected officials; and

Whereas New Westminster City Council stands to be a leader in openness and transparency regarding public disclosure of the estimated carbon footprint of our elected officials; and

Whereas a new Carbon Emissions Declaration Form could serve as a template for elected officials in other orders of government; and

Whereas the previous Council approved a set of 'bold' action steps to protect the environment but did not include anything regarding personal disclosure or commitments

BE IT RESOLVED that Council request our Environment and Climate Advisory Committee (ECAC) be tasked with developing a new Carbon Emission Declaration and Pledge Form for consideration; and

BE IT FURTHER RESOLVED that once it is finalized, the Carbon Emission Declaration and Pledge Form be considered as a voluntary public annual disclosure for all members of Council and that it be completed at the same time as the financial disclosure; and

BE IT FURTHER RESOLVED that the Carbon Emission Declaration and Pledge Form capture the estimated carbon emissions pertaining a number of key items such as:

• Personal trips (planes, trains, automobiles, motorcycles)
• Business/Work trips (where no other low-carbon alternative option existed i.e. attendance via Zoom)
• Personal vehicle ownership and usage (electric, hybrid, fossil-fuel based)
• Home ownership types (single family home, townhome, condominium)

BE IT FURTHER RESOLVED that the Carbon Emission Declaration and Pledge Form allow for members of Council to make a pledge for the coming year to personally undertake up to three new environmental activities that will help to lower their own carbon emissions; and

BE IT FURTHER RESOLVED that the declaration portion of the Carbon Emission Declaration and Pledge Form be retroactive to the November 7, 2022 swearing-in of this current Council; and

BE IT FURTHER RESOLVED that Council forward a copy of this motion to the leaders of the recognized political parties in the BC Legislature and our Federal Parliament asking they immediately undertake the development of a similar declaration form to capture the personal carbon footprints of our Members of the Legislative Assembly and Member of Parliament

e.

Improving and strengthening open communication between all elected officials in New Westminster

Submitted by Councillor Fontaine and Councillor Minhas

Whereas it is important for City Council to keep an open dialogue and direct contact with all elected officials representing New Westminster; and

Whereas the City of Vancouver previously used the "Vancouver City Caucus" model with great success to help champion key issues such as the Four Pillars Drug Strategy; and

Whereas there is currently no organized forum for our MP, MLAs, Mayor and Council and School Board elected officials to gather, share ideas and coordinate efforts to build a better city; and

Whereas it is in the best interests of our city if all elected officials work collaboratively on issues of mutual interest  

BE IT RESOLVED that Council send an invitation to our local Member of Parliament, Members of the Legislative Assembly and the School Board to participate in a New West Caucus to take place in 2023; and

BE IT FURTHER RESOLVED that our staff work in partnership with the staff representing our MP, MLAs and School Board Trustees to develop a draft terms of reference for the New West Caucus; and

BE IT FURTHER RESOLVED that a joint secretariat be established through the Office of the Mayor to assist with the coordination of establishing agendas and selecting dates for the New West Caucus

f.

Temporarily eliminating block party street occupancy permit fees to encourage increased neighbourhood connectivity

Submitted by Councillor Fontaine and Councillor Minhas

Whereas residents are being charged $39 to obtain a block party street occupancy permit; and

Whereas the total fees collected by the City for the block party street occupancy permit is estimated to be only $1500 to $2000 per year; and

Whereas there is an unquantified administrative and operational cost associated with the collection and processing of the $39 fees; and

Whereas the COVID pandemic has proven challenging for many of our region’s mid to larger festivals which may be in jeopardy of halting their operations; and

Whereas Council has an interest in supporting an increased number of safe, healthy and active local community activities; and

Whereas the temporary removal of the street occupancy fee for block parties sends a positive message to our community that Council is encouraging more neighbourhoods to consider setting one up on their block; and

Whereas Council should also be encouraging and finding opportunities for more block parties in our high density neighbourhoods; and

Whereas the financial impact to the City of temporarily eliminating the block party street occupancy permit fee is negligible; and

Whereas on January 25, 2023 Council unanimously supported a motion requesting staff provide information regarding the financial and operational issues relating to eliminating the block party street occupancy permit fees

BE IT RESOLVED that to encourage more community engagement as we emerge from out of the COVID pandemic, Council amend the Engineering Fees and Rates Bylaw, 7553, 2013 to provide to eligible residents a no-charge street occupancy permit to host a 'block party' in their neighbourhood; and

BE IT FURTHER RESOLVED that applicants are able to host up to one no-fee block party per calendar year in 2023 and 2024 and that standard fees will apply for any additional permits; and

BE IT FURTHER RESOLVED that staff provide an update to Council regarding how the no-fee permits have impacted the number of community and street events after the first 12 months of implementation

g.

Bringing Equity to Traffic Enforcement

Submitted by Mayor Johnstone

Be it resolved that The City of New Westminster submit the following resolution to the Lower Mainland Local Government Association for consideration for submission to UBCM:

Whereas the primary deterrent from exceeding speed limits or violating other road safety regulations on municipal roads in British Columbia are fines administered under the Violation Ticket Administration and Fines Regulation; and

Whereas fixed rate fines are inequitable, disproportionately impacting people with lower incomes while applying lower deterrent value to people with higher incomes, creating a structural inequity in the application of justice;

Therefore be it resolved that the Union of British Columbia Municipalities calls upon the Provincial Government to implement a means-tested traffic fine system, similar to Finland, Switzerland, Sweden or the UK, where fines may be calculated on the basis of the offender’s income.

h.

Vacant Property Tax on Commercial Properties

Submitted by Councillor Campbell

Be it resolved that Council support the following resolution go to the Lower Mainland LGA conference for consideration at the UBCM meeting:

Whereas the Province has adopted vacancy taxes on vacant residential properties as one tool to assure land speculation does not result in property standing fallow to the detriment of community livability and other goals; and

Whereas commercial property values are inflating province-wide, and increasingly face investment speculation resulting in similar underutilization of commercial property in many municipalities across British Columbia; 

Therefore be it resolved that the Province of BC provide local governments with an option to introduce a vacant property tax applicable to commercial properties

8.

NEW BUSINESS 

8.1

ON TABLE Appointment of Acting Corporate Officer

The purpose of this report is to provide for the efficient operation of the Legislative Services Department and the City in the absence of the Corporate Officer by designating the Chief Administrative Officer as the Acting Corporate Officer.

• Recommendation:

  THAT Council designate the Chief Administrative Officer to be the Acting Corporate Officer during the one year re-assignment of the Corporate Officer.

8.2

ON TABLE Development Variance Permit – 311 Ash Street – Update on Tree Removal and Replacement

To provide Council with an update on trees that would be removed and replaced through the proposed development.

• Recommendation:

  THAT Council receive this report for information

9.

ANNOUNCEMENTS FROM MEMBERS OF COUNCIL

10.

END OF THE MEETING

 

 

*Some personal information is collected and archived by the City of New Westminster under Section 26(g)(ii) of the Freedom of Information and Protection of Privacy Act and for the purpose of the City’s ongoing commitment to open and transparent government. If you have any questions about the collection of personal information please contact Legislative Services, 511 Royal Avenue, New Westminster, V3L 1H9, 604-527-4523.

11.

INFORMATION REPORTS - February 27, 2023

11.1

Extending School Zone Speed Limit Hours

To provide Council with initial information relating to the impacts that extending the school zone speed limit hours could have on road safety and City resources.

• Recommendation:

  THAT Council receive this report for information.

11.2

Outdoor Pool Extended Season Aquatics Plan

The purpose of this report is to: present key findings from the 2022 outdoor pool season and 2023 outdoor pool public engagement survey results; and present the preliminary 2023 outdoor pools operating schedules.

• Recommendation:

  THAT this report be received for information.

11.3

Transition to Provision of Recycling Services by Recycle BC

To provide Council with information regarding some of the implications of transferring the City’s recycling program to Recycle BC.

• Recommendation:

  THAT Council receive this report for information.