THE CORPORATION OF THE DISTRICT OF CENTRAL SAANICH REGULAR COUNCIL - 7:00 PM Tuesday, September 4, 2018 Council Chambers The Open Regular Council meeting will continue at 7:00 p.m., following the closed session. (Please note that all proceedings of Open Council Meetings are video recorded) AGENDA 1. CALL TO ORDER 2. CLOSED MEETING 2.1. Motion to Close: Recommendation: That Council convene a closed meeting pursuant to the following subsections of the Community Charter: Section 90 (1): (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; And subsection 90 (2): (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; Following adoption of the above motion, the meeting will be closed to the public. RECONVENE TO OPEN MEETING AT 7:00 P.M. 3. ACKNOWLEDGEMENT We respectfully acknowledge that the land on which we gather is the traditional territory of the W̱ SÁNEĆ people which includes W̱ JOȽEȽP (Tsartlip) and SȾÁUTW̱ (Tsawout) First Nations. 4. APPROVAL OF AGENDA 4.1. Agenda of the September 4, 2018 Regular Council Meeting Recommendation: That the agenda of the September 4, 2018 Regular Council Meeting be approved as circulated. 5. ADOPTION OF MINUTES 5.1. Minutes of the August 20, 2018 Regular Council Meeting Pg. 7 - 21 Recommendation: That the minutes of the Regular Council Meeting held on August 20, 2018 be adopted as circulated. 6. BUSINESS ARISING FROM THE MINUTES (including motions and resolutions) 7. RISE AND REPORT No items. 8. PUBLIC QUESTIONS 9. PRESENTATIONS/PETITIONS AND DELEGATIONS No items. 10. CORRESPONDENCE (Action Required or Recommended) 11. REPORTS OF COMMITTEES/MAYOR'S REPORT 11.1. COTW (Committee of the Whole) No items. 11.2. Select Committees of Council No items. 11.3. All Other Committees Regular Council Agenda September 4, 2018 Page 2 of 55 11.3.1. Advisory Planning Commission Pg. 22 - 26 Minutes of the August 1, 2018 Meeting. For information. 11.4. Council Members Reports - External Bodies 12. STAFF REPORTS No items. 13. BYLAWS 13.1. Other than Development Application Bylaws 13.1.1. Road Closer (Tixen) Bylaw No. 1961, 2018 Pg. 27 - 31 Recommendation: That Central Saanich Road Closure (Tixen) Bylaw No. 1961, 2018 be adopted. 13.2. Development Application Bylaws No items. 14. UNFINISHED BUSINESS 14.1. Notice of Motion: Central Saanich Response to ALC Regulation Changes Pg. 32 - 37 Re Growing Cannabis on Farmland (Councillor Thompson and Councillor Paltiel) Previously introduced at the August 20, 2018 Regular Council Meeting. Staff Comments: The Agriculture Land Commission, on August 15, released an Information Bulletin regarding regulatory changes which apply Cannabis Production in the ALR (See attached Bulletin). The changes are associated with the type of facility/structure that Cannabis production can occur within in order to be considered a “Farm Use”. To summarize: • Cannabis production is a legal farm use, where it produced outdoors in a field, or inside a structure that has a base consisting entirely of soil. Regular Council Agenda September 4, 2018 Page 3 of 55 o Structures that do not have a base consisting entirely of soil are structures that have a base consisting partly or entirely of other materials, such as structures with cement footings or a cement floor. o Structures that do not have a base consisting entirely of soil that are used for cannabis production are considered a non- farm use. These structures require a non-farm use application to the Agriculture Land Commission, which must first be considered by the Local Government. • Cannabis production is a legal farm use, where it is produced in an existing structure, constructed prior to July 13, 2018, which was constructed for the purpose of growing crops inside it. A structure that was constructed for another purpose, such as a livestock barn, cannot be converted to a cannabis production facility, since the original purpose was not crops. The existing structure does not have to have a base made entirely of soil. • Cannabis production is a legal farm use, where it is produced in a structure that was legally under construction prior to July 13, 2018, for the purpose of growing crops inside it. The structure under construction does not have to have a base made entirely of soil. Background: • ALC Information Bulletin Recommendation: Whereas: The Province of BC and Agricultural Land Commission made a regulatory change effective immediately, giving authority to local and Indiginous governments to prohibit cement-based, industrial-style cannabis-production bunkers on ALR land in their communities; And Whereas: According to a media release from the Ministry of Agriculture, the new framework allows local governments and First Nations to make decisions regarding cannabis production that align with local planning priorities in their community. Therefore be it resolved: That Central Saanich Council ask staff to bring an amendment to the Agricultural zone that is consistent with the updated Provincial directive with respect to Cannabis production 15. NEW BUSINESS (Including Motions and Resolutions) No items. 16. CORRESPONDENCE (Receive for General Information) Regular Council Agenda September 4, 2018 Page 4 of 55 16.1. Green Communities Committee - August 15, 2018 Pg. 38 - 41 Re: Corporate Carbon Neutrality for the 2017 Reporting Year 16.2. Victoria Regional Transit Commission - August 20, 2018 Pg. 42 - 48 Re: Transit Future Plan Update 16.3. James Island Public Dock Pg. 49 - 54 Background: • Van Iersel, A - August 20, 2018 • Van Iersel, A - Follow up remarks • Cameron, J & Robertson, S - August 28, 2018 Staff Comments: A rare phenomenon has been taking place for approximately two weeks in which a large number of squid have conglomerated along the eastern shores of the Saanich Peninsula. A large number of people are fishing for the squid, particularly at night, from the James Island Dock. Residents have expressed concern about the number of vehicles and noise from the people fishing or simply coming down to the dock to view the phenomenon. In response to concerns raised by residents adjacent to the James Island Dock, staff have responded as follows: • Staff met with residents and had several phone calls regarding their concerns • Additional garbage cans were deployed to site to address garbage concerns. Staff worked overtime and on weekends to ensure the garbage cans did not overflow • Additional portable washrooms were deployed to site and the frequency of servicing the washrooms was increased • Central Saanich Police prioritized the James Island Dock area for patrols. The Police addressed parking violations and made their presence known on the dock to check on noise levels. Council is advised that the people on James Island Dock are not rowdy and there is no loud music. The noise is simply due to people talking while they observe the squid, or while fishing. Residents have also asked that the District consider closing James Island Dock from 11 PM – 6 AM. Should Council wish to pursue the residents' request to close the dock, staff should be directed to seek legal advice regarding implications of such closure. Regular Council Agenda September 4, 2018 Page 5 of 55 16.4. Syme, T & S - August 27, 2018 Pg. 55 Re: Traffic concerns on Hagan Road Staff Comments: This correspondence has been forwarded to the Traffic Safety Committee for consideration and follow up. 17. ADJOURNMENT Regular Council Agenda September 4, 2018 Page 6 of 55 THE CORPORATION OF THE DISTRICT OF CENTRAL SAANICH Minutes of the REGULAR COUNCIL Meeting Monday, August 20, 2018 Council Chambers PRESENT: Mayor Ryan Windsor Councillors Graham, Holman, Jensen, Paltiel and Thompson Liz Cornwell, Corporate Officer/Deputy CAO Paul Murray, Director of Financial Services Jarret Matanowitsch, Director of Planning & Building Services Brian Barnett, Director of Engineering and Public Works Chris Vrabel, Fire Chief Troy Zeigler, Manager of Finance Andrea Pickard, Planner ABSENT: Councillor King 1. CALL TO ORDER The Mayor called the meeting to order at 6:30 p.m. 2. CLOSED MEETING 2.1. Motion to Close: 655.18 MOVED AND SECONDED That Council convene a closed meeting pursuant to the following subsections of the Community Charter: Section 90(1): (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 90 (2) (b): the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government Page 7 of 55 or the federal government or both, or between a provincial government or the federal government or both and a third party. CARRIED UNANIMOUSLY Following adoption of the above motion, the meeting was closed to the public at 6:30 p.m. The open meeting reconvened at 7:00 p.m. 3. ACKNOWLEDGEMENT The Mayor stated that we respectfully acknowledge that the land on which we gather is the traditional territory of the W̱ SÁNEĆ people which includes W̱ JOȽEȽP (Tsartlip) and SȾÁUTW̱ (Tsawout) First Nations. 4. APPROVAL OF AGENDA 4.1. Agenda of the August 20, 2018 Regular Council Meeting 656.18 MOVED AND SECONDED That the agenda of the August 20, 2018 Regular Council meeting be approved as circulated. CARRIED UNANIMOUSLY 5. ADOPTION OF MINUTES 5.1. Minutes of the Public Hearing held on June 26, 2018 It was noted that the Public Hearing minutes should be amended in Section 3.4 to include the text on page 13 of the proponents presentation.