COMMITTEE of the WHOLE MEETING Monday, November 4, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC

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CITY OF COLWOOD NOTICE OF COMMITTEE OF THE WHOLE MEETING Monday, November 4, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC

Colwood City Council is a safe place where every person is to be treated with respect. Verbal abuse, bullying, or threats of any kind will result in removal from City Hall.

Approved By: Director of Corporate Services A G E N D A as Amended "We acknowledge we are meeting on the shared traditional lands of the Coast Salish People"

Page

1. CALL TO ORDER

2. APPROVAL OF THE AGENDA

2.1. Committee-of-the-Whole Agenda - November 4, 2019

3. ADOPTION OF THE MINUTES

3.1. Committee-of-the-Whole - October 21, 2019 5 - 7

4. PUBLIC PARTICIPATION Comments pertaining to a matter that has been the subject of a Public Hearing are prohibited where the bylaws have not been presented for adoption. The Public will also be provided an opportunity to speak to each item of business on the Agenda as it is introduced.

5. NEW BUSINESS

5.1. Deanna Eden, Intermediate Engineering Technologist 9 - 21 3159 Antrobus Crescent - License of Occupation Agreement

RECOMMENDATION THAT the report titled "3159 Antrobus Crescent - License of Occupation Agreement" be received;

Page 1 of 38 Monday, November 4, 2019 - Committee of the Whole - Agenda Page

THAT it be recommended to Council:

THAT a "License of Occupation" Agreement be approved for the owners of 3159 Antrobus Crescent for landscape improvements within the City boulevard.

5.2. Richard Buchan, Planning Technician 23 - 38 Business License Bylaw

RECOMMENDATION THAT it be recommended to Council:

THAT staff prepare a new business license bylaw to replace the existing Colwood Business Licence Bylaw No. 1617 to; • Include wording in the draft business license bylaw to exempt "Taxis" and "Ride Hailing Services" from requiring a municipal business license on the basis that these services are already licensed and heavily regulated by the Passenger Transportation Board. • Include fees in the Business License Bylaw for License Transfers and License Updates; and, • Include licensing options for business enabled under a temporary use permit.

AND THAT staff prepare an inter-community business license bylaw to provide a licensing option for Colwood residents to qualify for and Inter-Community (Vancouver Island Wide) mobile business license;

AND FURTHER THAT staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to license refusals, suspensions, and cancellations.

Council may also wish to consider the following directions:

THAT all or some of the license fees be updated to improve cost recovery.

6. FINAL PUBLIC PARTICIPATION Comments pertaining to a matter that has been the subject of a Public

Page 2 of 38 Monday, November 4, 2019 - Committee of the Whole - Agenda Page Hearing are prohibited where the bylaws have not been presented for adoption.

7. NEXT MEETING

7.1. The next meeting of the Committee-of-the-Whole is scheduled to be held Monday, November 18, 2019.

8. ADJOURNMENT

This Notice is posted in accordance with "Council/Committee Procedure Bylaw No. 754, 2004" and the Community Charter.

Page 3 of 38 Page 4 of 38 CITY OF COLWOOD MINUTES OF COMMITTEE OF THE WHOLE MEETING Monday, October 21, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC

Colwood City Council is a safe place where every person is to be treated with respect. Verbal abuse, bullying, or threats of any kind will result in removal from City Hall.

PRESENT Chair Acting Mayor Dean Jantzen Councillors Cynthia Day Gordie Logan Michael Baxter Stewart Parkinson REGRETS Mayor Rob Martin Councillor Doug Kobayashi

ATTENDING Director of Corporate Services Selina Williams Director of Finance Christopher Paine Recording Secretary Amanda Irving

CALL TO ORDER

Acting Mayor Jantzen called the meeting to order at 6:01 pm and acknowledged that we are meeting on the shared traditional lands of the Coast Salish People.

APPROVAL OF THE AGENDA

Committee-of-the-Whole Agenda - October 21, 2019

MOVED BY: COUNCILLOR LOGAN

THAT the Agenda of the October 21, 2019 Committee-of-the-Whole be adopted as presented.

CARRIED

3.1. Page 5 of 38 Minutes of Committee of the Whole Meeting - Monday, October 21, 2019 Page 2 of 3

ADOPTION OF THE MINUTES

Committee-of-the-Whole - September 16, 2019

MOVED BY: COUNCILLOR DAY

THAT the minutes of the Committee-of-the-Whole meeting held September 16, 2019 be adopted.

CARRIED

PUBLIC PARTICIPATION

No members of the public came forward to speak.

NEW BUSINESS

Third Quarter Budget Report 2019

Christopher Paine, Director of Finance, provided an overview of the Third Quarter Budget Report 2019 regarding year-to-date financial information and full year financial forecasts.

MOVED BY: COUNCILLOR DAY

That the Third Quarter Budget Report 2019 dated October 21, 2019 be received.

CARRIED

MOVED BY: COUNCILLOR LOGAN

THAT it be recommended to Council:

THAT an additional $35,000 be allocated to the Bus Stop Improvement Capital Project and be funded from the Gas Tax Reserve.

CARRIED

Committee asked that staff bring forward a briefing to Council regarding Bus Stop Improvement Project cost overruns.

3.1. Page 6 of 38 Minutes of Committee of the Whole Meeting - Monday, October 21, 2019 Page 3 of 3

2020 Budget Approach

Christopher Paine, Director of Finance, provided an overview of the 2020 Budget Approach report regarding details of a recommended approach to financial planning for the City and new spending requests that were not anticipated in the 2019 financial plan.

MOVED BY: COUNCILLOR LOGAN

THAT the Committee recommend to Council:

THAT the 2020 budget approach be endorsed.

CARRIED

FINAL PUBLIC PARTICIPATION

No members of the public came forward to speak.

NEXT MEETING

The next meeting of the Committee-of-the-Whole is scheduled to be held Monday, November 4, 2019.

ADJOURNMENT

MOVED BY: COUNCILLOR LOGAN

THAT the meeting be adjourned at 7:10 PM.

CARRIED

APPROVED and CONFIRMED CERTIFIED CORRECT

3.1. Page 7 of 38 Page 8 of 38 STAFF REPORT

To: Committee-of-the-Whole Date: November 4, 2019 From: Intermediate Engineering Technologist RE: 3159 Antrobus Crescent-License of Occupation Agreement File: 4560-20

RECOMMENDATION THAT the report titled "3159 Antrobus Crescent-License of Occupation Agreement" be received;

THAT it be recommended to Council :

THAT a " License of Occupation" Agreement be approved for the owners of 3159 Antrobus Crescent for landscape improvements within the City boulevard.

SUMMARY AND PURPOSE In June 2019 the City approved and issued a right of way permit to residents at 3159 Antrobus Crescent for landscape improvements within City boulevard fronting their property. Direction to staff and the residents was that a License of Occupation Agreement would need to be prepared and approved for these improvements as they encroach onto the City right of way and will require the owner to continue to maintain and be responsible for the encroachment over time. The purpose of this report is to seek Councils approval for a License of Occupation Agreement.

BACKGROUND On June 13, 2019 staff were made aware that residents at 3159 Antrobus Crescent were working within the City boulevard without approval by the City. Residents were notified that they require approval via right of way permit to work within and alter the City boulevard. Residents complied immediately and made application and paid the fees for a right of way permit to complete their proposed works which included landscape blocks to retain the existing garden from several years ago, some new plants and river rock within the remainder of the boulevard between the concrete curb and landscape blocks. Photos attached as Appendix 1.

On June 17, 2019 the City approved and issued a right of way permit for these works on the basis that a License of Occupation Agreement would be prepared and considered by Council which includes clauses regarding maintenance responsibility and liability protection against all claims to the City. Copy of the License of Occupation Agreement is attached for information as Appendix 2.

OPTIONS 1. Council could deny the approval of a License of Occupation Agreement and direct staff to contact the residents to remove all works within the City boulevard and reinstate with soil/seed at the owner's expense. 2. Council could approve the License of Occupation Agreement.

COMMUNICATIONS The owner of 3159 Antrobus Crescent will be notified of the Committee and Council meeting dates and times and will be informed of the final decision by Council via email.

5.1. City of Colwood 3300 W ishart Road Victoria, BC V9C lRl P: 250 478 5999 F: 250 478 7516 Web: www.co lwoodPage.ca 9 of 38 3159 Antrobus Crescent-License of Occupation Agreement Page 2of2

FINANCIAL CONSIDERATION There are no immediate costs to the City of Colwood as all costs would have been or would be borne by the property owners of 3159 Antrobus Crescent. If/when the City is required to install infrastructure at this location then all costs to remove would be at the City's expense which would be approximately $800.00.

On October 21, 2019 all Managers and Directors of the City were provided an opportunity to review and provide feedback.

Intermediate Engineering Technologist

ADMINISTRATORS COMMENTS:

I have read the report and endorse the recommendation // RobertbL(_ I/ Chief Admir:i1strative Officer

Attachments:

APPENDIX 1: photos APPENDIX 2: License of Occupation Agreement

5.1. Page 10 of 38 Page 2 of2 Complete boulevard improvements at 3159 Antrobus Crescent

DSCF9736.JPG

5.1. Page 11 of 38 DSCF9737.JPG Complete boulevard improvements at 3159 Antrobus Crescent

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5.1. Page 12 of 38 DSCF9738.JPG LICENCE OF OCCUPATION

THIS AGREEMENT made the day of 2019.

BETWEEN: THE CITY OF COLWOOD

3300 Wishart Road Colwood, BC V9C 1R1 (the "City")

OF THE FIRST PART

AND: Lawrence Charles Surges Hilary Anne Michelle Mackey 3159 Antrobus Crescent Colwood, BC V9B 5M6

(the "Owner")

OF THE SECOND PART

WHEREAS:

A. The Owner owns property at 3159 Antrobus Crescent, in the City of Colwood, legally known as:

PIO 008-556-504 Lot 82, Section 76, Esquimalt District, Plan VIP45661

(the "Owner's Property");

B. The City owns a highway known as Antrobus Crescent that lies adjacent to the Owner's Property (the "Highway");

C. The City has authority under section 35(11) of the Community Charter to permit encroachments upon and/or to grant a licence of occupation or easement in respect of the Highway;

D. The Owner has requested that the City grant a licence to encroach upon, use and occupy a portion of the Highway for the purpose of constructing, using and maintaining landscape block walls, landscaping and irrigation systems (the "Works"), which Works are generally as shown on the attached Schedule "A";

E. The City has agreed to grant the Owner a licence of occupation over a portion of the Highway on the terms hereinafter set forth.

5.1. Page 13 of 38 -2-

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the fee paid by the Owner to the City and in consideration of the premises and covenants and Agreements contained in this Agreement, the City and the Owner covenants and agrees with each other as follows:

1.0 LICENCE OF OCCUPATION

1.1 The City, subject to the performance by the Owner of the terms, conditions, covenants, and agreements contained in this Agreement and to earlier termination as provided in this Agreement, grants to the Owner a non-exclusive licence to occupy that portion of the Highway shown as lying within the footprint of the area shown the plan attached hereto as Schedule "A" (the "Licence Area") for the purpose of their construction and use of the Works.

2.0 TERM AND FEE

2.1 The Term of the licence granted under this Agreement shall be twenty-five (25) years, subject to earlier termination as provided herein.

2.2 The Owner shall pay to the City a licence fee of ten ($10.00) dollars concurrent with the execution of this agreement.

3.0 RESERVATION OF RIGHTS

3.1 The Owner covenants and agrees that this Agreement shall not in any way restrict the right of the City or require the City at any time to:

(a) alter any road, curb, gutter, sidewalk or boulevard abutting or adjoining the Licence Area and notwithstanding that the effect of such alteration may be to render the Works useless or of less value for the purposes of the Owner;

(b) inspect, construct or maintain any form of structure, service or utility on, over or under any portion of the Highway including the Licence Area and, for such purpose, the City may require that the Works be removed in part or in whole where such removal is necessary for the City's performance of its legal obligations or statutory duties or functions; and

3.2 In the event of the City effecting any such alteration of or construction on the Highway, or requiring removal of all or part of the Works, or permitting other encroachments or uses of the Licence Area and Highway, the Owner will release and forever discharge, and hereby release and forever discharge, the City from all manner of claims of any nature whatsoever, which may arise by reason of such alterations, or requirement for removal of the Works, or other encroachments or uses of the Licence Area and Highway.

5.1. Page 14 of 38 - 3 -

4.0 CONSTRUCTION AND MAINTENANCE

4.1 The Owner will carry out the Works in a proper and workmanlike manner and in compliance with all applicable legal requirements.

4.2 The Owner will maintain the Licence Area for the Term of this Agreement in good and sufficient repair, including:

(a) prompt removal of all rubbish and construction material placed thereon so that the Licence Area is in a neat and clean condition, and

(b) prompt removal of ice and snow so that the Licence Area is safe for vehicles, pedestrians and other persons,

all to the satisfaction of the City's Director of Engineering & Development Services.

4.3 Should the Owner fail to satisfy the requirements of paragraph 4.2, the City may, upon twenty-four (24) hours notice to the Owner, do any work necessary to fulfill the requirement as determined in the sole discretion of the City's Director of Engineering & Development Services.

4.4 The Owner will make good at their own expense, all damage or disturbance which may be caused to the surface of the Highway and Licence Area in the exercise of their rights hereunder.

4.5 The Owner will upon the expiration of this Agreement, or in the event of the termination of this Agreement, remove the Works from the Licence Area and, at their own expense, restore the Licence Area.

4.6 Should the Owner:

(a) fail to keep the Works in good and sufficient repair to the satisfaction of the City's Director of Engineering & Development Services, or

(b) fail to restore the Licence Area upon expiry or termination of this Agreement as required under section 4.5, or

then the City's Director of Engineering & Development Services, upon thirty (30) days' written notification of such failure and provided that the Owners has not resolved the failure within that period of time, may:

(d) make such repairs including structural changes, when deemed necessary by him, or

5.1. Page 15 of 38 -4-

(e) do any work necessary to fulfill any condition of this Agreement,

as the case may require, in the sole discretion of the City's Director of Engineering & Development Services.

4. 7 The Owner shall pay the costs of work performed by the City under paragraphs 4.3 and 4.6 to the City forthwith, and the Owner covenants and agrees that in default of payment, the amount of such cost together with interest at the prime lending rate of the Royal Bank of Canada plus 2% may be recovered in any Court of competent jurisdiction.

4.8 In making the repairs or performing the maintenance, the City may bring and leave upon the Highway and the Licence Area, the necessary materials, tools and equipment and the City shall not be liable to the Owner for any inconvenience, annoyance or other injuries suffered by the Owner by reason of the City effecting the repairs or maintenance or doing any work under paragraph 3.0, 4.3 or 4.6 of this Agreement.

5.0 INDEMNIFICATION

5.1 The Owner hereby agrees to release, indemnify and save harmless the City from any and all claims , actions, causes of actions, fines, fees, costs, expenses and liability including to third parties whatsoever arising out of:

(a) the Works encroaching upon, under or over the Highway and Licence Area,

(b) the Owner's installation or construction of anything upon, under or over the Licence Area,

(c) the Owner's maintenance or lack of maintenance of the Licence Area and of anything upon, under or over the Licence Area, including failure to remove rubbish, snow, ice and other material as required under paragraph 4.2, and

(d) the Owner's occupation or use of the Highway and Licence Area or the ground below or the air above for the purpose of the Works,

and without limiting the generality of the foregoing, the Owner agree to release, indemnify and save harmless the City from all injuries, including death, to any person including members of the general public sustained while present on the Licence Area.

In the event that the construction, maintenance, use or removal of the Works necessitates any alteration or change to any meter, water service, sewer or other public works or utility in the vicinity of the Works, the Owner will reimburse the City for whatever sums may be incurred by the City in making such alterations or changes as may be deemed necessary by the City's Director of Engineering & Development Services.

5.1. Page 16 of 38 -5-

5.2 The Owner will indemnify the City from and against any liens for wages or materials, for damage to persons or property caused during the making of or in connection with any excavation, construction, repairs, alterations, installations and additions which the City may make or cause to be made on, in or to the Highway and Licence Area.

6.0 REGULATIONS

6.1 The Owner will at all times observe and perform the provisions of the Bylaws of the City and the British Columbia Building Code in relation to the construction, occupation, maintenance and use of the Works, and this Agreement shall be at all times subject thereto. If the Owner fails to comply with the provisions of the said Bylaws or the British Columbia Building Code, or any of them, or of this Agreement, all rights of the Owner hereunder shall thereupon lapse and be absolutely forfeited.

6.2 The City, nevertheless, shall be entitled to proceed with the enforcement of any security or indemnity herein provided, or upon any bond or otherwise in satisfaction of any claim, loss or expenses of whatsoever kind arising under this Agreement, or from the permission hereby granted.

7.0 INSURANCE

7.1 The Owner agrees to maintain throughout the Term, and to deposit with the City evidence of liability insurance with limits of no less than $2,000,000 per occurrence (inclusive of bodily injury and/or property damage). This coverage must insure the Owner with respect to liability arising out of the Owner's use and occupation of the Licence Area.

8.0 TERMINATION

8.1 In addition to any other prov1s1ons in this Agreement, this Agreement shall automatically terminate upon the sale or other transfer of title of the Owner's Property to a new owner, or upon the destruction, demolition or removal of the Works.

9.0 FORFEITURE

9.1 The City, by waiving or neglecting to enforce the right to forfeiture of this Agreement or the right of re-entry upon breach of this Agreement, does not waive the City's rights upon any subsequent breach of the same or any other provision of this Agreement. 10.0 NO COMPENSATION

10.1 The Owner shall not be entitled to compensation for any loss or injurious affection or disturbance resulting in any way from the termination of the Agreement or the loss of the Owner's interest in any building, structure or improvement built or placed

5.1. Page 17 of 38 -6-

on the Highway or the Licence Area.

11.0 ASSIGNMENT

11.1 This Agreement may not be assigned by the Owner without the written consent of the City, which may be withheld for any reason.

11.2 The Owner covenants and agrees not to sell or transfer title to the Owner's Property, or any portion thereof, without advising the purchaser or transferee of this Agreement, and that this Agreement shall automatically terminate upon such sale or transfer.

12.0 NOTICES

12.1 It is hereby mutually agreed that any notice required to be given under this Agreement shall be deemed to be sufficiently given:

(a) to be delivered at the time of delivery and

(b) if mailed from any government post office in the Province of British Columbia by prepaid registered mail addressed as follows:

(i) if to the Owner:

3159 Antrobus Crescent Colwood, BC V9B 5M6

Attention: Lawrence Charles Surges & Hilary Anne Michelle Mackey

(ii) if to the City:

3300 Wishart Road Colwood, BC V9C 1R1 Attention: Chief Administrative Officer Fax Number: 250-478-7516

or at the address a party may from time to time designate, then the notice shall be deemed to have been received forty-eight hours after the time and date of mailing. If, at the time of mailing the notice, the delivery of mail in the Province of British Columbia has been interrupted in whole or in part by reason of a strike, slow-down, lock-out or other labour dispute, then the notice may only be given by actual delivery.

13.0 INTERPRETATION

13.1 (a) When the singular or neuter is used in this Agreement they include the plural or the feminine or the masculine or the body politic where the context or the

5.1. Page 18 of 38 -7-

parties require.

(b) The headings to the clauses in this Agreement have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision of it.

(c) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, successors, administrators and permitted assignees. (d) This Agreement shall be construed in accordance with and governed by the laws applicable in the Province of British Columbia.

(e) All provisions of this Agreement are to be construed as covenants and agreements as though the word importing covenants and agreements were used in each separate paragraph.

(f) This Agreement is the entire agreement between the parties and the City has made no representations, warranties, guarantees, promises, covenants or agreements (oral or otherwise) to or with the Owner other than those expressed in this Agreement.

IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written.

THE CITY OF COLWOOD by its authorized ) signatories: ) ) ) SIGNED, SEALED AND DELIVERED ) in the presence of: Mayor: Rob Martin ) ) ) Witness ) Corporate Officer: Selina Williams ) Address ) ) ) ) Occupation

5.1. Page 19 of 38 - 8 -

) SIGNED, SEALED AND DELIVERED ) in the presence of: ) ) ) Witness Owner: Lawrence Charles Surges ) ) Address ) ) Owner: Hilary Anne Michelle Mackey ) ) Occupation

5.1. Page 20 of 38 5.1.

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PROJECT: DATE: DESIGN Ocotber 2019 3159 Antrobus Crescent COLWOOD FILE NO. I SCALE:

TITLE: I I 1:250 Licence of Occupation DRAWING NO. REV: Page 22 of 38 ColWOOd STAFF REPORT

To: Committee of the Whole

Date: November 4, 2019

From: Richard Buchan, Planning Technician & Business Licence Inspector. RE: Repeai and Repiacement of the Colwood Business Licence Bylaw (No. 1617) and a Scheme for Inter-Community Licencing

File: 3900-20-BUS-1811

RECOMMENDATION:

The following recommendation is offered for consideration:

That it be recommended to Council: a) That staff prepare a new business licence bylaw to replace the existing Colwood Business Licence Bylaw No. 1617 to; • Include wording in the draft business licence bylaw to exempt "Taxis" and "Ride Hailing Services" from requiring a municipal business licence on the basis that these services are already licensed and heavily regulated by the Passenger Transportation Board. • Include fees in the Business Licence Bylaw for Licence Transfers and Licence Updates; and, • include licensing options for business enabled under a temporary use permit. b) That staff prepare an inter-community business licence bylaw to provide a licencing option for Colwood residents to qualify for and inter-Community (Vancouver island Wide) mobile business licence; and, c) That staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to licence refusals, suspensions, and cancellations (as outlined in Section 3.7). Council may also wish to consider the following directions: a) That all or some of the licence fees be updated to improve cost recovery (See Table 6, Section 6).

1. SUMMARY Staff are seeking Council direction to update the Colwood Business Licence Bylaw (2016)to bring greater clarity to the licencing processes, ensure greater consistency with the B.C. Community Charter, and to help streamline the business licencing process.

City of Colwood 3300 WIshart Road Victoria, BC V9C IRl P; 250 478-5053 ext. 160 F: 250 478 7516 E: rbuchan(a)colwood.ca Web: www.coiwood.ca 5.2. Page 23 of 38 RE: Business Licence Bylaw No. 1617- Updates & Inter-Community Licencing Page 2 of 11

Updating the business licence bylaw provides an opportunity for Council to consider recent requests from the Provincial Government: a) The Community Policy and Legislation Branch of the Ministry of Municipal Affairs and Housing has encouraged the City to consider how it will be addressing ride hailing services now that the Passenger Transportation Board has released its policy decisions on boundaries, supply and rates for ride hailing. b) The Small Business Branch of the Ministry of Jobs, Trade and Technology has asked the City to consider opting into the Vancouver Island Inter-Community Business Licencing Scheme, to provide a mobile business licencee option for communities throughout Vancouver Island. Updating the business licence bylaw also provides and opportunity for the City to clarify licensing requirements and procedures surrounding temporary use permits: a) Council gave final reading to Bylaw No. 1700-01 (Official Community Plan Amendment) on August 26*^ 2019 to enable temporary use permits (TUP) throughout the City. Since all business licences issued by the City are perpetual, staff recommend that the City establish a separate process for the issuance of a license for a business enabled by a TUP (See Section 3.4).

2. BACKGROUND

2.1. Business Licencing

The Community Charter establishes Colwood's authority to regulate and maintain a business licencing program. There is no requirement for municipalities to require business licences; it is an enabling authority and municipalities can choose to (or not) enact bylaws and establish licensing requirements. Colwood has elected to enact requirements to issue business licenses. Business licence programs help to ensure that the City's land-use regulations, building and fire codes, and other community safety requirements are followed by local businesses. The business licence program also collects important statistics about local business activities to understand trends that impact policy decisions. The program also provides opportunities to the local business community as licences may be required by clients to bid on proposals or participate at events.

2.2. Repeal St Replace the Colwood Business Licence Bylaw No. 1617 On January 8*^ 2018 Council appointed the role of Business Licence Inspector to the City's Planning Technician. The role of Business Licence inspector is a delegated authority to issue, suspend, or cancel licences. The issuance of business license's currently falls under the framework of Development Services as the application of the land use bylaw is integral to development services and business licence matters fall into the "application of the Land-Use Bylaw". When the City receives an application for a business license it preforms a review of the request (involving multiple departments)for consideration against the local bylaws of enablement. This inter-departmental 'licensing team' has representatives from the Colwood Fire, Building,

City of Colwood 3300 WIshart Road Victoria, BC V9C1R1 P: 250 294-8153 F: 250 478 7516 E: [email protected] W: www.colwood.ca 5.2. Page 24 of 38 RE: Business Licence Bylaw No. 1617- Updates & Inter-Community Licencing Page 3 of 11

Engineering, Planning, and Bylaw departments. The licence inspector, in partnership with the business licencing team, have been working on licencing procedure to help expedite the licencing process. Though this endeavor, staff have identified opportunities to provide better service and efficiency through bylaw updates.

3. DISCUSSION 3.1. Vancouver Island Inter-Community Business Licencing(iCBL) Scheme

The Small Business Branch of the Ministry of Jobs, Trade and Technology has encouraged Vancouver Island Communities to adopt an Inter-Community Business Licence Bylaw. The purpose of the Inter-Community licencing scheme is to provide a mobile business licencee option for all Vancouver Island Communities. To date, eleven Vancouver Island Communities from Victoria to Parksville have adopted the Inter-Community Licencing Scheme. If Council wishes to take part in the Vancouver Island Inter-Community Business Licencing Scheme,the Colwood Business Licence Bylaw will also need to be amended. If Colwood chooses not to participate in the program, Colwood residents will still be eligible to receive an inter community licence from a participating municipality for the mobile portion of their business only, this will not supersede the requirement for local licencing in Colwood. The City of Colwood Currently participates in an intermunicipal business licencing (IMBL)scheme with all the member municipalities of the Capital Regional District. The Province of British Columbia has suggested that expanded ICBL partnerships will support a significant number of mobile businesses throughout Vancouver Island by reducing unnecessary administrative burden, fostering positive intercommunity partnerships, increasing compliance, and displaying business friendliness without substantial impact to municipal revenues. ICBLs allow mobile businesses (e.g. contractors, caterers, and other service providers) to operate across the participating government jurisdictions, without having to apply for multiple businesses licences. To assist municipalities, the Ministry of Jobs, Trade and Technology has created a Mobile Business Registry(MBR) that participating municipalities can use to confirm if a mobile business working within your community has a valid licence. The registry can also identify non-compliance business information (ie. businesses with an infraction to municipal bylaws, and a record of fines).

3.2. Ride Hailing

Local governments across the province have explored the viability of ride hailing services - like Uber, Lyft and Sidecar - in their communities. In 2018 the Province of British Columbia identified the need to modernize the Passenger Transportation Act to better address consumer needs and pressures to incorporate "ride-hailing" companies into the marketplace. Ride-hailing companies, or Transportation network Service (TNS) companies as they are known in BC, have been able to apply for a passenger transportation (PT) licence since September 3, 2019, and as of September 9*^ 2019 two TNS companies have applied for Provincial licences for the Greater Victoria Area.

City of Colwood 3300 Wishart Road Victoria, BC V9C1R1 P: 250 294-8153 F: 250 478 7516 E: Dlanning(g)colwood.ca W: www.colwood.ca 5.2. Page 25 of 38 RE: Business Licence Bylaw No. 1617- Updates & Inter-Community Licencing Page 4 of 11

The Capital Regional District's idling control bylaw will also apply to taxi and ride hailing service providers. This bylaw limits vehicle idling to a maximum of three consecutive minutes with some exceptions (i.e. Emergency services, armoured vehicles, engine powered refrigeration systems, etc.) and was approved by the Province in 2009. The bylaw is managed collaboratively between the CRD and the Vancouver Island Health Authority (Island Health). Island Health is responsible for receiving complaints from the public. If Colwood chooses to regulate ride-hailing and taxi services Council may set business licence requirements for taxi fleets and a different set of requirements for ride-hailing, including street and traffic rules. The Passenger Transportation Board maintains the sole authority to issue and suspend TNS licences.

3.3. Exemptions Ride hailing service providers are obligated to meet the City of Colwood's bylaws (i.e. Such as the Noise and Traffic & Highway Regulation Bylaw) and obtain a valid business licence should one be required. Colwood's business licence bylaw does not currently provide exemption opportunities for business activities of any sort; however, there is no requirement for municipalities to regulate with respect to TNS services; it is an enabling authority and municipalities can choose to (or not) enact bylaws and establish requirements for TNS services as provided for in local government legislation. Staff are recommending that the City only require a licence for a 'brick and mortar location' (i.e. Taxi Call Centre, Ride-Hailing Office, etc.), rather than licensing each driver associated with the company. In addition to a possible exemption for ride hailing, some activities are regularity accepted by the community as activities that do not require a licence. For example, the renting of a single-family home or secondary suite could be construed a business activity. Staff have not required licences for the renting of single-family dwellings or suites and recommend that this be clarified in an 'exemptions section' in a new business licence bylaw.

3.4. Temporary Use Permits Bylaw No. 1700-01, cited as "Official Community Plan Amendment Bylaw No. 1700-01, 2019 (Omnibus Amendments)", was given Final Reading on Monday August 26, 2019. This OCP amendment enables the City to issue Temporary Use Permits (TUP) throughout the City of Colwood. A Temporary Use Permit allows a use of land, on a temporary basis, not otherwise permitted in the City's Land Use Bylaw as considered and enabled through Council consideration. Temporary use permits may be issued for a period up to three years from the date the permit was approved by Council. Temporary use permits may be renewed once for a further three years, subject to Council approval. TUPs can be used to support entrepreneurism and stimulate the economy by enabling citizens and the business community to test business models on a temporary basis. For example, the on- site retail sale of goods manufactured within a home-based business is not currently permitted as a 'home-based business activity' within the City of Colwood. A TUP could enable a commercial

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'show room' for a three to six years trial period before Council considers rezoning to enable the use in perpetuity. For example, Colwood's business licence would allow for a hobby woodworker to obtain a licence that enables them to manufacture products in their home, and sell the products at markets or online; however, commercial sales from a residential home would not be permitted. A TUP could be used to test a commercial show room at a specific location. Since Colwood's Current Business Licence Bylaw notes that all licences are 'perpetual', if Council chooses not to renew a TUP the Business License will continue to be valid for an unpermitted use until the business owner allows it to expire. To prevent this from being abused, staff are recommending that business licences associated with a TUP only be valid for the period of the TUP.

3.5. Business Licence Fees Council may wish to maintain the current approach to fees which are consistent with surrounding municipalities: however, staff estimate that the City does not recover the costs associated with business licencing though licence fees. Staff have estimated the costs associated with business licensing by estimating the time involved in processing an average application. Cost recovery fluctuates depending on the type of licence being processed. Table 1 (below) contrasts the current licencing fees and average costs. If Council is interested in shifting to a cost recovery model for licencing fees the 100%, 75%, 50% and 25% targets have been provided in Table 2 (below)for consideration. While a 100% cost recovery target is ideal, staff note that current fees are consistent with adjacent municipalities (Table 3); therefore, staff are only recommending that fees established for Licence Transfers and Licence Updates at the 50% recovery targets.

TABLE 1: CURRENT COST RECOVERY

License Type Costs Fees Current Cost Recovery

Home Occupation $143 $50 35%

Commercial-Small $244 $100 41%

Commercial - Large $259 $200 77%

Intermunidpal (Home) $119 $100 84% Intermunicipal (Commercial Small) $161 $100 62%

Intermunidpal (Commercial Large) $259 $100 39%

Non-Resident $97 $100 103%

Daily $125 $50 40% Registered Society $143 $10 7%

License Transfer (Ownership) $43 $0 0% License Transfer (Location) $139 $0 0% License Update/Change $130 $0 0%

Annual Renewal $23 $0 0%

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TABLE 2: POTENTIAL COST RECOVERY TARGETS(ROUNDED TO THE NEAREST 5) 100% Cost 75% Cost 50% Cost 25% Cost License Type Recovery . Recovery Recovery Recovery Home Occupation $145 $110 $70 $35 Commercial - Small $245 $185 $120 $60 Commercial - Large $260 $195 $130 $65 Intermunicipal (Home) $120 $90 $60 $30 Intermunicipal (Commercial Small) $160 $120 $80 $40 Intermunicipal (Commercial Large) $260 $195 $130 $65 Non-Resident $100 $75 $50 $25 Daily $125 $100 $60 $30 Registered Society $140 $110 $70 $40 License Transfer (Ownership) $45 $30 $20 $10 License Transfer (Location) $140 $105 $70 $35 License Update/Change $130 $100 $65 $35

TABLE 3: COMPARABLE MUNICIPALITIES m n Langford Esquimalt Sooke View Cenlrai Metchosin NortI?' Sidney Saanich License Type Royal Saanich Saanich Home $50 $100 $50 $50 $50 $35-$65 $50 $50- $50 Occupation $100 Commercial - $125 $100 $100 $35-$85 $100 $100 $100 $100 $100 Small Commercial - $250 $200 $200 $35-$85 $200 $200 $200 $200 $200 Large Intermunicipal $100 $100 $100 $100 $100 $100 $100 $100 $100 Inter- N/A $170 $170 N/A $170 N/A $170 N/A N/A Community

Non-Resident $100 $100 $100 $100 $100 $35-85 $100 $100 $100 Daily N/A N/A $50 N/A $50 N/A $35 N/A $25

3.6. Cannabis Licensing Costs On Monday, September 30^^ 2019 Council directed staff to bring forward an analysis of business license fees for cannabis retail stores to determine if an amendment to the Business Licence Bylaw is necessary with respect to licensing fees for cannabis stores. The City of Colwood's Business License Bylaw includes a "Commercial- Small(Under 5,000 Sq. Ft)" and "Commercial- Large (Over 5,000 Sq. Ft)" license type. A Cannabis retail store would currently fall under one of these two licensing categories.

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TABLE 4: CANNABIS BUSINESS LICENSE FEES Vancouver Victoria Courtenay North Saanich Saanich

License Fees $33,097.00 $5,000.00 $2,500.00 $500.00 $100.00 - $200.00 Cannabis Cannabis Cannabis Cannabis General License Type Retail Retail Retail Retail Commercial

Municipalities that have chosen to establish a licensing category specific to cannabis with increased fees justify these increases on the basis of additional staff time to administer and enforce a cannabis regulatory scheme. This may involve routine inspections by Fire Department Staff, Business Licensing Staff, and Police Services. Colwood staff have noted that these fees vary substantially from municipality to municipality and have heard from some cities that these fees were established prior to the Province taking on more responsibility for enforcement. Saanich has very recently reviewed its Business License fees in relation to retail cannabis, and their staff did not anticipate additional business regulations costs arising as a result of this specific retail use. Colwood staff do not anticipate that there will be significant costs occurring as a result of licensing cannabis retail stores and are recommending that these businesses pay the same license fee as other businesses in the City, including liquor retail stores (See Table 6: "Commercial - Small" and "Commercial - Large").

3.7. Community Charter Alignment

Division 9, Section 60 of the B.C. Community Charter establishes the City's licencing authority and clarifies that such authority may be delegated to a municipal officer or employee. The Charter also states that licenses may not be unreasonably refused, suspended or cancelled. In the case of a suspension, rejection, or cancellation that is issued by a municipal officer or employee, the applicant or licence holder has the right to request that the reasons be provided in writing. If the applicant or licence holder disagrees with the decision, they are entitled to have Council reconsider the matter. There are two key models of delegated licencing authority: 1. Business Licence /nspector with broad authority 2. Business Licence Inspector \N\th limited authority The "broad authority" model provides Licence Inspectors with the power to issue, refuse, suspend or cancel a business licence, subject to the provisions of the Charter (ie. A decision to refuse, suspend or cancel a business licence must not be unreasonable). This model is widely used as it expedites the licencing process and does not create delays to enforcement. The "limited authority" model provides Licence Inspectors with the power to issue or refuse a business licence, subject to the provisions or the Charter, while Council maintains the authority to suspend and/or cancel a licence for reasonable cause. This model is used in limited cases, and forces enforcement issues to be dealt with at the Council table. While this model provides licence holders with an opportunity to appear before Council, it also delays a decision and bylaw violations may continue to occur before Council has the opportunity to meet.

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Colwood Council has delegated the licencing authority to the role of Business Licence Inspector, which is currently assigned to the City's Planning Technician. As Council's appointed Licence Inspector, the Planning Technician has broad discretion to issue, suspend, reject or cancel licenses subject to the provisions of the Charter, as amended from time to time. Staff are recommending that the current broad authority model be maintained, and that the appointment of the planning technician to the role of licence inspector be reaffirmed. To provide transparency and ensure greater consistency with the B.C. Community Charter Council may wish to direct the Business Licence Inspector to prepare a Licence Refusal, Suspension, and Cancellation Policy to accompany the new business licence bylaw. A Council Policy would help to provide guidance to the role, and clear expectations for enforcement procedures. For example. Council could establish the circumstances in which they feel that the License Inspector is warranted in suspending or cancelling a business license, and how this is to be communicated to the license holder.

4. OPTIONS In regard to the request for Council direction, the Committee of the Whole may: a) Recommend to Council that a new business licence bylaw be prepared to replace the existing Business Licence Bylaw No. 1617, subject to conditions; OR b) Defer the request for further information; OR c) Recommend to Council that no changes be made to the Business Licence Bylaw No. 1617. • Note: while 'no change' is technically an option, it may result in failure. The Province of British Columbia has decreed that municipalities may not prohibit taxi and ride hailing service providers from operating, and that any bylaw which refuses to issue a business licence to taxi and ride hailing service providers for the sole reason that the person already holds a business licence from another municipality is "no longer in effect". • Colwood's current business license bylaw is broad brushed, and would require that individuals who drive for taxi and ride hailing service providers obtain a licence to operate within Colwood's Jurisdiction, which staff would be obligated to refuse if the individual does not have an office location in Colwood and already holds a licence to operate by another municipality. This could be construed as "refusing to issue a business licence to taxi and ride hailing service providers for the sole reason that the person already holds a business licence from another municipality."

5. COMMUNICATION If Council directs that a new business licence bylaw be prepared,the draft bylaw will be published on a future Committee of the Whole and Council Agenda which is publicly available online.

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6. FINANCIAL CONSIDERATION The City does not recover the costs associated with business licencing though licence fees; however, this level of subsidization is generally consistent with surrounding municipalities. Council may wish to consider increasing some, or all licencing fees. At minimum, staff recommend establishing fees for licence transfers and updates. 63 new business licences have been issued for the 2019 period, as of September 12, 2019. The cumulative cost recovery is approximately 70% (See Table 4 below); however, this figure does not capture the licence transfers, updates, and inquiries. Since the type of licences may fluctuate in any given year.

TABLE 5:2019 LICENCE COSTS

License Type Total Costs Total Fees Difference Home Occupation X 5 $715 $250 -465 Commercial - Small X 10 $2,440 $1,000 -1,440 Intermunicipal X 39 $4,641 $3,900 -741 Non-ResidentX 9 $873 $900 +27 TOTAL X 63 $8,669 $6,050 -2,619

The decision on how much to subsidize licensing costs is inherently a political one. A low cost recovery means that Colwood taxpayers subsidize the lion's share of processing costs; but it also means that fees can be kept low to help remove barriers to businesses, while a high cost recovery means businesses pay for the full costs of licencing, or locate in neighbouring municipalities that have lowerfees. Since businesses pay a highertax rate (4:1 as of September 2019), more business may also help to subsidize a greater share of the collective goods and services that municipal tax dollars pay for. One could also argue that the licencing process itself is a service to residents as it acts as a check and balance when new business wish to operate in Colwood (ie. Is the business opening doors in an appropriate location, and does there need to be any conditions imposed on the licence to ensure that the activities are not out of character in the neighbourhood)? Staff have provided proposed fees (Table 5) for Council's consideration, and feel that this proposed fee structure will aid in cost recovery, while keeping fees competitive/comparable with neighbouring municipalities. These fees provide an average cost recovery of 58% (while true cost recovery will fluctuate between 17% to 103% depending on the types of licenses issued in any given year).

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TABLE 6: PROPOSED FEES t- License Type Fee Cost Recovery Summary , Home A $50 increase will aid in cost recovery while keeping fees Occupation $100 Approx. 70% competitive/comparable with neighbouring jurisdictions. Commercial - Small (464.5m^ A $25 increase will aid in cost recovery while keeping fees or less) $125 Approx. 51% competitive/comparable with neighbouring jurisdictions. Commercial - Large (Over Colwood has very few properties that would require a 464.5m2) $200 Approx. 77% "Commercial - Large" license, so no change is proposed. Neighbouring municipalities consistently charge $100 with Non-Resident $100 Approx. 103% some outliers. No change is proposed. Staff are proposing to eliminate this license type. Special Daily N/A N/A event permits have functionally replaced 'daily' licenses. Colwood's Bylaw currently subsidises registered societies. Staff surmise that this was an intentional subsidization for not-for-profit organizations in light of the Community Registered benefits they provide. A $15 increase still provides low costs Society $25 Approx. 17% to licensing while improving cost recovery. Since Colwood Business licenses are perpetual, there are no annual fees. This means that a license may be renewed or License Transfer transferred indefinitely. A $20 fee will aid in cost recovery (Ownership) $20 Approx. 47% without being overly burdensome. Since Colwood Business licenses are perpetual, there are no annual fees. This means that a license may be renewed or transferred indefinitely. Considering that some municipalities License Transfer require a new license for a new location, a $75 fee will aid in (Location) $75 Approx. 54% cost recovery without being overly burdensome. Since Colwood Business licenses are perpetual, there are no annual fees. This means that a license may be License amended/updated indefinitely. A $65 fee will aid in cost Update/Change $65 Approx. 50% recovery without being overly burdensome. Note: Rather than issuing a separate intermunicipal and inter-community iicence, staff are proposing that: • A home or commerciai iicense be granted an 'intermunicipal' designation at a $50 rate in addition to the base fee (Cost Recovery would rangefrom (19% -126%) • A home or commercial license be granted an 'inter-community' designation at a $70 rate in addition to the base fee. Cost Recovery is unknown as the City has not issued inter-community licenses.

7. OFFICIAL COMMUNITY PLAN Colwood's Official Community Plan (Bylaw No. 1700, 2018) envisions Colwood as being a highly desirable location for employees and for investing in existing and new businesses. The OCR includes supporting statements for new commercial, industrial and institutional growth, as well as continued support for neighbourhood businesses.

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8. ECONOMIC DEVELOPMENT STRATEGY The City's Economic Development Strategy (2014) includes the objective of fostering "an attractive economic climate, welcoming to new business opportunities" and "programming for business development expansion [to provide] greater support for small businesses and entrepreneurs." Licenses (or confirmation of an exemption) are sometimes required by financial institutions, or as a prerequisite to participate in an event/market; therefore, greater clarity on what activities are required to obtain a license and which ones are exempted will help to eliminate uncertainty for some small businesses. The strategy also identifies that weaknesses related to bureaucracy and city policy, whether real or perceived, need to be addressed to ensure that Colwood can continue to attract new investment and support and enable the development of existing businesses. Council responded to this in 2016 by eliminating annual business licence fees (the base fees remained in place, but as a one-time payment rather than an annual charge). Providing additional opportunities for exemptions and licencing options in a 2019 update will reduce red-tape for some local businesses by providing exemptions. This will also reduce the amount of administrative work required to process some business licenses.

Respectfully submitted.

Ri(ijaf^ Buchan Planning Technician & Business Licence Inspector

ADMt \RATORS COMMENTS I fiaie I the report and endorse the re mendation.

Robert Chief AdrhiVistrative Officer

City of Colwood 3300 Wishart Road Victoria, BC V9C1R1 P: 250 294-8153 F: 250 478 7516 E: [email protected] W: www.colwood.ca 5.2. Page 33 of 38 Page 34 of 38 11/5/2019

Repeal and Replacement of the Colwood Business Licence Bylaw (No. 1617) and a Scheme for Inter‐ Community Licencing

Recommendation

1) That staff prepare a new business licence bylaw to replace the existing Colwood Business Licence Bylaw No. 1617 to;  Include wording in the draft business licence bylaw to exempt “Taxis” and “Ride Hailing Services” from requiring a municipal business licence on the basis that these services are already licensed and heavily regulated by the Passenger Transportation Board.  Include fees in the Business Licence Bylaw for Licence Transfers and Licence Updates; and,  Include licensing options for business enabled under a temporary use permit.

2) That staff prepare an inter‐community business licence bylaw to provide a licencing option for Colwood residents to qualify for and Inter‐Community (Vancouver Island Wide) mobile business licence; and,

3) That staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to licence refusals, suspensions, and cancellations.

Optional: That Council Direct Staff to update some or all of the license fees to improve cost recovery.

5.2. Page 35 of 38 1 11/5/2019

Item 1 - Exemptions

Include wording in the draft business licence bylaw to exempt “Taxis” and “Ride Hailing Services” from requiring a municipal business licence on the basis that these services are already licensed and heavily regulated by the Passenger Transportation Board.

Item 2 – Cost Recovery

Include fees in the Business Licence Bylaw for Licence Transfers and Licence Updates

Optional: That Council Direct Staff to update license fees to improve cost recovery.

5.2. Page 36 of 38 2 11/5/2019

Item 3 – Temporary Use

Include licensing options for business enabled under a temporary use permit.

Item 4 – Inter-Community License

That staff prepare an inter‐community business licence bylaw to provide a licencing option for Colwood residents to qualify for and Inter‐Community (Vancouver Island Wide) mobile business licence

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Item 5 – Policy For Refusals/Cancellations

That staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to licence refusals, suspensions, and cancellations

Recommendation

3) That staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to licence refusals, suspensions, and cancellations.

Optional: That Council Direct Staff to update some or all of the license fees to improve cost recovery.

5.2. Page 38 of 38 4