July 7 Council In Focus

kc dyer
Jul 13
7 min read

Zoning and Development Bylaw Paused

In the second of two events on Tuesday last week, Council members gathered for the regular meeting at 7:30 p.m. All members were present at the table except Councillor Jaime Cunliffe, who attended online. The agenda can be found HERE. Twenty residents attended in person and online.

Mayor Ken Berry opened proceedings by thanking donors Victoria Rogers and Kim Mailey and the LB Arts Committee for their hard work on the new art installation at Lions Bay Beach.

Berry called the installation, coupled with the newly-dedicated Erin Moore Playground, the highlights of the Canada Day event at the beach. On behalf of Council, he thanked all those involved in the long-awaited and "wildly successful" outcome.

Residents Revisit Zoning Letter Concerns

Long-time resident Michael Goldstein, said he wanted to ask on the record if all members of Council had read the document signed by 66 community residents asking Council to pause any zoning changes until after the OCP (Official Community Plan). All Councillors said they had indeed read the document.

Goldstein was followed by former Councillor Marcus Reuter, who also spoke to his concerns about the proposed zoning amendments. He said that after the public hearing where residents spoke "unequivocally" against the amendments, they "have reasonably requested that this form part of a more comprehensive conversation during the impending OCP revisitation." He also referenced the letter mentioned by Goldstein as a reflection of the will of the community.

"In the aftermath of the Battani landslide, the need for careful consideration of how development occurs—especially in hazardous areas — is more important than ever," Reuter said, urging that the subject can be more comprehensively addressed during the upcoming OCP process.

Stewart Road resident Larissa Goldstein stepped forward and said that she'd heard the aforementioned letter was not being included on the record of the public hearing that was held with regard to amendments in the Zoning and Development bylaw, and asked why. Chief Administrative Officer Ross Blackwell said that the standard in a public hearing ensures that not just anyone can weigh in, and therefore residents are required to appear and give their name and address. He noted there were no addresses appended to the letter in question.

Goldstein pointed out that most signatories of the letter were long-time residents with their addresses on the record with the Village.

"I am left feeling like you don't really care," Goldstein said. "You get us on a technicality." She said she could understand such requirements in a larger municipality, but "in a little village like Lions Bay? I find that very hard to stomach."

Blackwell noted that the Local Government Act dictates procedure for communities whether they are the size of Burnaby or Lions Bay. "The law is the law, and we follow it regardless of our size. It is standard practice, not specific to Lions Bay."

Online, resident Tamara Leger said she was also going to speak up about not being heard at the public hearing. "Not only was I interrupted while speaking, but my statement was deleted and not included in the agenda package." She noted that at no time was she told she was required to give her civic address as part of her statement, and that as a known member of the community since 1999 who was greeted by name by the chair, her views should have been included. "You can't just discount people because you don't like what they say."

Porta-Potty question reconsidered

Councillor Neville Abbott asked for a reconsideration of last month's decision to locate porta-potties at the Village entrance, and wondered if they could be replaced with a sign directing people to the new facilities at the beach.

In the discussion that followed, Councillor Jaime Cunliffe pointed out that cafe may be in non-compliance for not providing washrooms for customers. Councillor Ron McLaughlin noted that there is a need for travellers who pull off the highway in search of relief, and said the temporary facilities can be removed for up to six months of the year. Blackwell suggested that some kind of screening can be erected to block the view of the porta-potties. The final decision was to table Abbott's motion until Director of Operations Eric Villeneuve can be present for the discussion.

Zoning Changes Bylaw Addressed

The controversial zoning and development bylaw amendments pertaining, among other things, to minimum lot size were presented for third reading. In addition to the concerns expressed by residents during the opening public participation segment, the Committee of the Whole (COW) meeting held earlier in the evening addressed correspondence from residents outlining their concerns about amending the bylaw before the upcoming Official Community Plan (OCP) updates that are planned to get underway this summer.

In the heated discussion that followed, McLaughlin said that he believed the community has spoken on the topic, and suggested that the "zoning bylaw amendment be paused until after the OCP is delivered".

Councillor Michael Broughton cautioned against becoming too informal in a process that requires formality, and expressed his disappointment over what he called "inaccurate, inflammatory and disturbing information" circulating in the community.

Cunliffe spoke in support of pausing the amendments, noting the bylaw has existed for years in its current form and a few more months to allow for the OCP review to satisfy residents' concerns will not have a significant effect on the outcome.

A motion put forward by Mayor Ken Berry that the CAO address resident via the Village Update regarding "misinformation that has been disseminated throughout the community" was defeated.

Blackwell noted the current bylaw is illegal, and the way to protect the community is to update the wording. "Waiting for the OCP will not correct these illegal provisions in the zoning bylaw." The camera feed was lost during a ten-minute segment of the discussion, although the audio feed continued to be available.

In the end, Council voted to support McLaughlin's suggestion of pausing the bylaw amendments until after the OCP is delivered.

Staff Reports

Bylaw Officer Bryce Fournier offered a summary of bylaw enforcement activities from April through June of this year (page 99) for Council's information. This included parking enforcement, payments and calls for service in other spheres including animal, noise, garbage and recycling and graffiti enforcement.
Financial Officer Joe Chirkoff presented the 2025 Statement of Financial Information (SOFI) for submission to the Ministry of Municipal Affairs (page 103). Council approved the SOFI. Abbott noted that the statement demonstrates that last year, expenditures exceeded the budget in a number of areas, but Council was never asked to revise the budget. "...and I think that's a process that needs to be corrected." Blackwell said he would review and return to Council with more information.

Emergency Services

Fire Rescue Dispatch Report (included with correspondence on page 161):

In June, Lions Bay Fire Rescue (LBFR) attended 12 incidents, with 18 uses of apparatus and 58 members attending. Average turn-out time for the month was 8:38, average travel time was 8:27 and the average time on scene was 37:24.

Correspondence

General correspondence (beginning on page 149) opened with a letter from Dany Rubbo of the Lifesaving Society - BC & Yukon Branch asking Council to proclaim July 19-25 as National Drowning Prevention Week.

Others included:

Kristin Pichoskie regarding increasing Pregnancy and Infant Loss Awareness Day (page 151).
President of the BC Nurse's Union Adriane Gear seeking local governments to champion health care (page 152).
Delta Mayor George Harvey seeking an independent review of the Fraser River Tunnel project (page 153).
CN Rail executive Patrick Lortie seeking a proclamation regarding Rail Safety Week in September (page 156). A motion for a formal proclamation was supported by Council.
District of Oak Bay Mayor Kevin Murdoch regarding Local Government Climate Action Program funding (page 159). Abbott noted that this has been a very welcome and necessary funding stream, and asked that Council support funding like this. It was agreed that Abbott would approach MLA Jeremy Valeriote on behalf of Council to discuss the importance of this funding stream.
Metro Vancouver Chair Mike Hurley looking for public comment on the recent Regional Growth Strategy Amendment bylaw (page 165).

There was no correspondence from local residents this month. McLaughlin asked how a decision has been made as to whether resident correspondence appears in the agenda. Blackwell said including every item of correspondence on the agenda is not common practice, and only those items that require addressing by Council should appear. Deputy Corporate Office Kristal Kenna clarified that there was no resident correspondence this month, and said that as a rule the only resident correspondence that doesn't appear is when there is a 'neighbour against neighbour' complaint or an operational request, both of which she answers directly.

Other Items of Note

Long-time Kelvin Grove resident Tracy Marsh asked if Council was aware of an unfinished Kelvin Grove house whose construction debris has been an eyesore. After clearing up some confusion about the house in question, Blackwell recommended reaching out to the office to make a complaint on such matters.
Council approved the minutes from regular meetings on June 2 and June 16, as well as the minutes for a Special meeting on June 26.
After discussion, the Indemnification Bylaw (No. 666) introduced in June which updates the existing bylaw (dating from 1988), passed first, second and third readings.
Climate Action Committee (CAC) meeting minutes for May 26, and draft minutes for June 23 were presented for Council's information. Abbott said that due to scheduling conflicts, the committee will not meet until September.
In the public comment session, Tamara Leger asked for a motion that all evacuation routes be unencumbered, with particular reference to the padlocked gate at Soundview Trail. She said that she will be following up with the province, and that the issue needs to be prioritized. In the following discussion, Blackwell said that changes to the current system are being assessed.