City of Campbell River Council Agenda

CITY OF CAMPBELL RIVER COUNCIL AGENDA

REGULAR COUNCIL MEETING, Tuesday, October 21, 2014 at 6:30 PM in the City Hall Council Chambers, 301 St. Ann's Road, Campbell River, BC.

The agenda presents the recommendations extracted from the reports that comprise the agenda background package. To request a copy of a specific report, please contact the appropriate department Page

1. APPROVAL OF THE AGENDA

1.1 Approval/modification of the Agenda.

THAT the Agenda be approved;

AND THAT Items 12.1, 12.2, 12.3, 12.4, 12.5 and 12.6 be adopted by consent.

2. DELEGATIONS/PRESENTATIONS

6 - 8 2.1 Pat Bell, Manager of Planning, Community Energy Association congratulating the City for being presented with the Climate and Energy Action Honourable Mention Award at this year's UBCM convention.

2.2 Councillor Adams to present Council with the 2014 Climate and Energy Action Honourable Mention Award and the 2014 UBCM Community Excellence Award in Leadership and Innovation received at this year's UBCM convention.

2.3 Mayor Jakeway to recognize Jessie Belcher for her leadership in the development of the Seniors' Charter.

9 - 12 2.4 Gary Thulin and Scott Kilby, applicants, regarding MJP 14-008 to permit a Hyndai dealership at 1853 Meredith Road (See Item 4.1).

3. COMMISSION/COMMITTEE REPORTS

13 - 15 3.1 Advisory Planning and Environment Commission's 2014 Annual Report.

THAT the Advisory Planning and Environment Commission's 2014 Annual Report dated October 10, 2014, be received.

16 - 17 3.2 Advisory Planning and Environment Commission's October 15, 2014 report regarding amendments to Zoning Bylaw No. 3250 with regards to temporary

Page 1 of 147 Regular Council Agenda - Tuesday, October 21, 2014 Page

dwellings (See Item 4.2).

THAT Council proceeds with the implementation of amendments to Zoning Bylaw No. 3250, 2006 for the provision of temporary dwellings as attached to APEC's October 15, 2014 report.

4. BYLAWS AND PERMITS

18 - 34 4.1 Deputy City Manager/ General Manager Operations' October 14, 2014 report regarding Major Development Permit application MJP 14-008 to permit a Hyundai dealership at 1853 Meredith Road.

THAT Major Development Permit Amendment application MJP 14-008 (1853 Meredith) be denied for the reasons set out in the General Manager of Operations' October 14, 2014 report;

AND THAT staff continue to work with the applicant to undertake additional architectural and/or landscape design development to bring forward a revised application that meets the OCP commercial/industrial Form & Character Development Permit guidelines as outlined in the General Manager, Operations' October 14, 2014 report.

35 - 43 4.2 Deputy City Manager/ General Manager, Operations' October 14, 2014 report regarding Zoning Amendment Bylaw No. 3573, 2014 (Temporary Dwellings).

THAT Zoning Amendment Bylaw No. 3573, 2014 (Temporary Dwellings) be given first and second reading and proceed to Public Hearing.

44 - 58 4.3 Environmental Protection Bylaw No. 3551, 2014.

THAT Environmental Protection Bylaw No. 3551, 2014 be given third reading.

59 - 75 4.4 Public Nuisance Bylaw No. 3543, 2014.

THAT Public Nuisance Bylaw No. 3543, 2014 be adopted.

76 - 83 4.5 Water Regulations Amendment Bylaw No. 3562, 2014.

THAT Water Regulations Amendment Bylaw No. 3562, 2014 be adopted.

84 - 95 4.6 City Clerk's October 15, 2014 report regarding Ticketing for Bylaw Offences Amendment Bylaw No. 3571, 2014.

THAT Ticketing for Bylaw Offences Bylaw No. 3571, 2014 be given first and second reading.

Page 2 of 147 Regular Council Agenda - Tuesday, October 21, 2014 Page

96 - 100 4.7 Permissive Exemption from Taxation Amendment Bylaw No. 3567, 2014 (General).

THAT Permissive Exemption from Taxation Amendment Bylaw No. 3567, 2014 (General) be adopted.

101 - 114 4.8 Deputy City Manager/ General Manager, Operations' October 10, 2014 report regarding Development Variance Permit application 14-021 to reduce the minimum rear yard setback from 7.0 metres to 2.12 metres.

THAT Council reconsiders the decision to issue a Development Variance Permit for a 2.12 metre rear yard setback at 2424 Galerno Road (Resolution 14-0387);

AND THAT Development Variance Permit 14-021 (2424 Galerno Road) as attached to the General Manager, Operations' October 10, 2014 report, be approved, subject to the registration of a subdivision and creation of a legal title for the proposed parcel to which this variance will apply.

5. STAFF REPORTS

5.1 CORPORATE SERVICES

115 - 116 5.1.1 General Manager, Corporate Services' October 15, 2014 report regarding downtown revitalization tax agreement for the Berwick Development.

THAT Council authorize staff to replace the existing downtown tax revitalization agreement between the City and the owners of the Berwick development located at 1353 16th Avenue with a new downtown tax revitalization agreement, commencing at time of occupancy.

5.2 FACILITIES AND SUPPLY MANAGEMENT

117 - 123 5.2.1 General Manager, Facilities and Supply Management and General Manager, Operations' October 8, 2014 report regarding Tender No. 789 - Highway #28 Raw Water Supply Main Construction.

THAT Council approve the award of Tender No. 789 - Highway #28 Raw Water Supply Main Construction to the lowest priced Tenderer, Upland Contracting Ltd. in the amount of $2,672,295 (GST excluded).

6. CORRESPONDENCE

Page 3 of 147 Regular Council Agenda - Tuesday, October 21, 2014 Page

7. MAYOR/COUNCIL REPORTS

8. UNFINISHED BUSINESS

9. NEW BUSINESS

10. ADDENDA ITEMS

11. NOTICE OF MOTION

12. CONSENT AGENDA

124 - 133 12.1 October 7, 2014 Regular Council minutes.

THAT the October 7, 2014 Regular Council minutes be adopted.

134 - 135 12.2 Graffiti Removal Agreement between BC Hydro and the City of Campbell River.

Background: At the October 7, 2014 meeting, Council gave Public Nuisance Bylaw No. 3543, 2014 third reading and directed staff to prepare an agreement with BC Hydro for graffiti removal for Council's consideration.

THAT the City of Campbell River enter into the Graffiti Removal Agreement with BC Hydro as included in the October 21, 2014 Council agenda.

136 - 141 12.3 October 6, 2014 correspondence from Keith Henry, President, BC Metis Federation, requesting a proclamation for Louis Riel Day or Metis Cultural Awareness Week and that the City fly the Metis Infinity Flag.

THAT the October 6, 2014 correspondence from Keith Henry, President, BC Metis Federation, requesting a proclamation for Louis Riel Day or Metis Cultural Awareness Week and that the City fly the Metis Infinity Flag, be received.

142 12.4 October 10, 2014 email from Catie Haggstrom, Community Services Department, District of Taylor requesting a special letter of congratulations for Mayor Jarvis who is retiring in December of 2014.

THAT the October 10, 2014 email from Catie Haggstrom, Community Services Department, District of Taylor requesting a special letter of congratulations for Mayor Jarvis who is retiring in December of 2014, be received.

143 - 145 12.5 October 15, 2014 email from Mayor John Ruttan, City of Nanaimo, requesting a letter of support for the proposed Island Ferries service between downtown Nanaimo and downtown Vancouver.

THAT the October 15, 2014 email from Mayor John Ruttan, City of

Page 4 of 147 Regular Council Agenda - Tuesday, October 21, 2014 Page

Nanaimo, requesting a letter of support for the proposed Island Ferries service between downtown Nanaimo and downtown Vancouver, be received.

146 - 147 12.6 September 18, 2014 Campbell River Access Awareness Committee minutes.

THAT the September 18, 2014 Campbell River Access Awareness Committee minutes, be received.

13. COUNCIL IN-CAMERA MEETING

13.1 Resolution to move In-Camera

THAT Council move In-Camera under the authority of the following sections of the Community Charter:

90 (1)(d) the security of the property of the municipality;

90 (1)(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality;

90 (1)(g) litigation or potential litigation affecting the municipality.

13.2 NOTE: Issues discussed In-Camera are not open to the public.

Page 5 of 147 DarrellMussatto Community Energy Mayor,Cityof North Vancouver [email protected] Association Tel: 604-998-3280

September 24, 2014

His Worship Mayor Jakeway and Council City of Campbell River 301 St. Ann’s Road Campbell River, BCV9W 4C7

Dear Mayor Jakeway and Council:

Re: 2014 Climate & Energy Action Honourable Mention- Community Planning & Development

On behalf of the Community Energy Association, the Province of British Columbia, the Union of BC Municipalities, BCHydro and FortisBC, I am pleased to present the City of Campbell River with a 2014 Climate & Energy Action Honourable Mention for Community Planning & Development in recognition of Power Down Campbell River.

From an array of compelling 2014 Climate & Energy Action Award applications, Campbell River’s application was selected by the judging panel for an Honourable Mention in the Community Planning & Development category because of:

• The innovation behind creating a reality-TV inspired Energy Challenge, the use of social media to promote the challenge and energy conservation, and the development of a professionally produced film to highlight each family’s journey. • The development and implementation of an Energy Rebate Program and free home energy audits, and the fact that approximately 75% of the 115 participants carried through with their energy pledges. • The City’s commitment to long term transformational community change around energy use and greenhouse gas emission reductions.

Power Down Campbell River will provide inspiration to other local governments in BC. I know that the Honourable Mary Polak, Minister of Environment, was pleased to present the award to you at the 2014 Union of BCMunicipalities Convention. This initiative will be showcased on the CEAwebsite and through the range of services we provide to BClocal governments.

The Community Energy Association would like to congratulate Council in person and is working with City staff to arrange a delegation. In the meantime, we have enclosed the 2014 Climate & Energy Action Awards news release for your information and use.

Once again, congratulations on the leadership you have shown, and we look forward to keeping in close contact as your energy planning and implementation efforts continue.

Yours sincerely,

Darrell Mussatto Co-Chair, Community Energy Association and Mayor, City of North Vancouver

End: 2014 Climate & Energy Action Awards news release cc: Honourable Mary Polak, Minister of Environment Page 6 of 147 City of Campbell News Release River September 26, 2014 City wins provincial climate and energy awards for Power Down energy and video challenge The City of Campbell River’s Power Down energy conservation and video challenge received a Union of BC Municipalities Community Excellence Award for leadership and innovation and an honourable mention from the Community Energy Association for the Climate & Energy Action Award.

“Iam proud of B.C.‘s local governments and their efforts to reduce GHG emissions through such a wide variety of innovative projects that are increasing local energy resiliency and reducing costs,” said Linda Reimer, Parliamentary Secretary to the Minister of Community, Sport and Cultural Development for Communities and Port Moody-Coquitlam MLA. “The communities being recognized here today have demonstrated outstanding leadership and innovation and their actions willinspire others.” In 2013, the City of Campbell River and funding partner BC Hydro launched a community outreach initiative designed to encourage home energy retrofits and residential home energy conservation. Power Down Campbell River featured a reality-TV inspired Energy Challenge, where five families competed head to head for 30 days to conserve energy and teach the community their tips and tricks. From April 6 to May 4, 2013, Campbell River’s Bellwood-Behan, Klein, Loeb, Millward and Seldon families competed in the City and BC Hydro’s first Home Energy Video Challenge. Through creative efforts like solar ovens and bike blenders, along with dedicated attention to a reduction in home energy consumption, every family lowered their hydro bill by at least $100 over the month. Judges from local media, BC Hydro, and City Green Solutions reviewed each family’s video footage based on: the amount of energy reduced, entertainment value of the video footage, and each family’s ability to inspire others to conserve energy. The Millwardfamily won the grand prize of $1 500 toward a home energy retrofit of their choice. Additional recognition included: the Bellwood-Behans for Best Rap Video, the Kleins for Best Educational Video, the Loebs for Best Actors and Actresses, the Millwards for Best Creative Director and the Seldons for Best Original Song. Project coordinator Amy van den Hooven, a former UBC co-op student working in the City’s Sustainability Department shared the stories of the Power Down Campbell River families through local media and social media. A professionally produced film by Green Coast Media that incorporates the families’ video footage premiered at the April 2014 Earth Week Film Festival at the Tidemark Theatre. View the film on the City of Campbell River’s YouTube channel. The program also included an Energy Rebate Program, and 115 residents received a free home energy audit in exchange for making an energy pledge to commit to a specific home retrofit or energy consumption reduction. Several businesses also undertook energy audits, and a BC Hydro program enabled people with low incomes to receive a free home energy audit and free energy saving products. More than one per cent of all Campbell River households participated in Power Down Campbell River and the rebate program, moving toward community climate action and energy conservation targets. “Power Down Campbell River builds upon the City’s Corporate Carbon Neutral Plan and corporate energy retro fits by extending energy conservation efforts in the community. Implementing the program was a top priority for the City’s Corporate Green Team, as 23 per cent of greenhouse gas emissions produced in Campbell River comes from buildings alone,” says Amber Zirnhelt, manager of long range planning and sustainability. “The awards recognize City-wide efforts to reduce greenhouse gas emissions and work toward meeting our commitment to the Province’s Climate Action Charter.”

Contact: Amber Zirnhelt, Manager Long Range Planning &Sustainability 250-286-5742 Please see Background Information, next page

For details on this and other City of Campbell River services, events and information, please visit our website at www.campbellriver.ca

. CUMATE ACTION CQMMIJNITY2OII Page 7 of 147 &1Cbe11 River

BACKGROUND INFORMA TION

Campbell River climate action and energy conservation goals: • The City’s overall goal is to reduce greenhouse gas emissions by 25 per cent by the year 2020. The City’s Community Energy and Emissions Plan (CEEP) was adopted in 2012 and aims to reduce residential energy consumption through both behaviour change and at least two per cent of existing buildings undergoing energy retrofits by 2020. • Community-wide energy conservation and greenhouse gas emissions reduction are also a key component for achieving the City’s climate action and sustainability priorities as documented in the Official Community Plan. • The City of Campbell River is also a signatory to the BC Climate Action Charter, committed to reducing corporate and community-wide greenhouse gas emissions, and a Level 3 community in the Federation for Canadian Municipalities Partners for Climate Protection Program.

File No.: 0000-00 XXXX Page 2 of 2

Page 8 of 147 L(c/4 2F 1 OCI 2I rlit-71ii 1 Introduction

Message from CEO

Hgundai Motor Company is trusted by consumers throughout the world, due to our continuing efforts to improve our products and enhance our reputation for high quality and workmanship. As a result, the status of the Hyundai brand has grown wherever our vehicles are sold.

In a bid to upgrade the value of our brand even further, we have developed a new brand direction called Modern Premium. According to the values of Modem Premium,the design of the new Global Dealership Space Identity (6051) is completed. Modern Premium is a totally different concept from”Traditional Premium,”which appeals to customers on the basis of high prices or luxury accoutrements. It reflects our promise to lead market trends based on our in—depthunderstanding of our customers and our sincere interest in their needs and wants, allowing us to exceed their expectations and offer values and experiences that they truly desire.

To do this, we must first understand the meaning of GDSI,and put it into practice effectively and efficiently. It is imperative that it be applied consistently, so that our customers can experience it at all our contact points—includingour designs, sales, products, and communications. r6DSI contains guidelines that will help you to understand and appreciate the value of the Hyundai brand, our most precious asset. They include information about our global vision, our mission, and our philosophy. If all of us take this material to heart and apply our knowledge every day and everywhere, we willenhance the value of the Hyundai brand in the global automotive market even more.

Our ultimate goal is to become a beloved, world—leadingbrand that will be in the vanguard of the global automobile market. We don’t just want to sell cars—wewant to become an integral part of our customers’ lives.

Thank you.

Page 9 of 147 Page 10 of 147 r 1iirrlr

Page 11 of 147 1. Introduction 3. ..‘- $ Doncrip4iol

6051 design elements Shaped Skg

This horizontal structure is reminiscent of floating cloud.

Asa iepsentaIion of skj, the ceilingtakes the form of liberatt,j The singlepanelsform a wavedpattern whichemphasizesthe lightnessand fluiditijof the designwhilethe elementsallowintenseexchangewith naturallightthrough integratedinfrastructure.

Page 12 of 147 recommended

File

APEC

The

APEC

meeting,

waterfront

the

THAT Public the

Outcome:

time.

were

considered Culture

The

Proposed

the

The

experience

3487

annual

Background/Discussion:

report

Purpose:

October

Recommendation:

SUBJECT: TO:

DATE:

FROM:

THAT ii

No.:

per

meeting

March

proposal,

Commission.

Commission

Advisory

Commission

considered:

and

Council

Recommendations:

Recommendation:

shall

Nuisance

the

Bylaw report

0000-00

Commission

10,

Cibe11

Council

development.

12,

section

Waterfront

Advisory

and

also

for

comprised

2014,

River

APEC

Planning

the to No.

2014

endorse,

changes

Advisory

X)(XX** October

Mayor

their

defeated

Council

present

reviewed

This

has

Bylaw area

3487,

has

had

APEC

requested

Planning

information.

(CSRCC)

met

and

received.

position

not

of:

been Development

and

10,

(April

prior

Planning

APEC

setting

No.

Planning

THAT

sustainability,

formed

Council

presented,

hosted

the

Council

2014

Environmental

total

Council

added

voting

3543,

9, and

will

proposed

that

invited

out

the November

2014).

Report

review

and

Environmental

staff

for

seven

and

2014

members.

joint

proposed

its

waterfront

filled

Task

the

Public

Environmental

the

activities

its

October

Environment

give

conservation

meeting

Public

approval,

bylaw

times

CSRCC,

proposal

Commission in

30 th

Force:

Nuisance

the

waterfront

task

Nuisance

and

overview in

July

new

with

Commission’s

Council

each

2014.

deal 2013.

force

work

who

accomplishments

Commission

one

and

year

the

form

Commission

Bylaw

year,

with

(APEC)

were

task

During

plan

Before

Bylaw

Community

member,

the

date.

documents

vacant

the

waterfront

force

No.

the

and

environment,

also

2014

was

this

making

Commission

incoming

3543,

budget

two

reviewing

not

Kira

buildings.

time,

established

2014

Annual

Services,

meetings.

that

task

2014

DeSorcy,

a the

Page 13 of 147

for

the

given

recommendation

Annual

Council.

stepped

presently

force

the

Report

following

subject

will

priority Recreation

following

proposal,

present

who

which Report

Page

Bylaw

the

down

dated

year.

regulate

had

issues

at second

was

an this

year.

from

No.

and

The on 3 AND period. APEC File AND Outcome: Evergreen APEC 3551, Outcome: as Request Award. APEC selected submissions CR Draft Outcome: Chamber APEC Recreation Rounds member Outcome: agreement as Guide Outcome: management Downtown process the

THAT Ei attached amended No.: Chamber City THAT THAT Environmental 2014 Recommendation: Award. Recommendation: recommendation: the Recommendation: 0000-00 to of and of as for Cjbe11 At Council The of Council new Since Road be Penticton’s APEC and with staff was staff the to Façade River were 4-way Council’s Council Commerce at of of on the City Public the recipient Culture Commerce BC given continue vacant implement APEC is the be passed Environmental reviewed endorsed included developed October Stop Hydro Improvement judging suggested chosen Nuisance Protection first (May on reviewed and Commission. of THAT 2014 at THAT to THAT Tuesday, THAT APEC’s for and the a 2014 7 t19 in derelict South by monitor 14, the committee. for public graffiti and the second first representatives Business Council the 2014). Bylaw staff Council some Council the Downtown the Business Coordinator’s Bylaw North recommendation. sponsored Alder City Program City-sponsored October buildings, judging education intersections removal confirm Public Chan changes include reading. meeting Sponsor adopt endorse Island and Awards Awards Nowosad Façade Nuisance committee. 7 th that for a including Evergreen. program a Environmental Hospital of to July meeting, ‘Community and more Council’s the the the the around it. of Community of Improvement 2014 The Council Chamber Downtown intersection Distinction APEC Boates, Bylaw, Distinction aggressive to a Commission Traffic Environmental revised the registry memo support consideration”. and Spirit’ directed it hospital Protection Chartered of has Plan; Spirit Façade Community to bylaw Commerce event. of Program of approach the award been APEC; South vacant members award. staff during bylaw. was Twenty-five Protection Improvement Accountants Bylaw through category Page 14 of 147 to Alder and V buildings to given the “prepare Community Services, enforcement chose No. asked construction Street a third within Bylaw public 3551, nomination Page similar was Rob an that Program reading and Spirit the No. input 2 2014 the one of and to 3 Cii>’of Campbell L River Financial / Operational Considerations:

The Commission reviewed the level of staff support and resources that has been available to it over the past year and concluded that no additional resources are required.

Proposed 2015 Work Plan

Items referred by City Council: • Exhibition Grounds Proposal • Subdivision and Development Servicing Bylaw No. 3419, 2010 Schedule A, Section 6.3 • OCP Amendment - Draft Downtown Waterfront DP Guidelines (June 24, 2014)

Items referred by staff: • Building Bylaw Amendment • Planning Procedures Bylaw Amendment • Board of Variance Bylaw Amendment • Zero Lot Line I Fee Simple Zone Designation

Topics requested by APEC (at July 9I APEC meeting): • Public and Private Forest Lands Policy • Industrial properties inventory review • more planning and development information brought to Commission • updates on upcoming environmentally sensitive permits • topics that are pro-active in nature instead of reactive • general community concerns instead of technical problem solving which staff is qualified to do • OCP check to see iftargets are being met • implementation of a uniform building code for BC • the changing dynamics of our community

gth Note: At the July APEC meeting, the City Manager suggested that as this Council’s term comes to an end in November, the Commission compile and submit recommended Council priorities for the new Council’s strategic planning session in February.

Respectfully submitted,

Councillor Claire Moglove Chair, Advisory Planning and Environmental Commission

File No.: 0000-00 XXXX Page 3 of 3 Page 15 of 147 City of Campbell L River REPORT TO COUNCIL

TO: Mayor& Council FROM: Advisory Planning and Environment Commission PREPARED BY: R. Neufeld, Deputy City Manager/General Manager of Operations DATE: October 15, 2014

SUBJECT: Zoning Amendment — Temporary Dwellings Recommendation: THAT Council proceeds with implementation of amendments to Zoning Bylaw No. 3250, 2006 for the provision of temporary dwellings as attached to APEC’s October 15, 2014 report. Background: Prompted by two recent and similar enquiries, staff has identified a small demand for provisions to allow habitation of an existing dwelling while a new dwelling is being constructed. While most lots within the urban area are not of sufficient size such that a replacement dwelling can be built in a different location from the existing one, there are stilla number of larger lots where this is possible. In these cases, it is sometimes a highly practical solution for the owner to continue to inhabit an existing dwelling while a replacement is being constructed. However, the Zoning Bylaw does not allow for the maximum number of dwellings on a lot to be exceeded, even for a temporary period of time. Staff has therefore proposed an amendment to the Zoning Bylaw to allow use of a temporary dwelling for a limited period of time on lots of sufficient size, subject to submission of financial security. Discussion: The Commission reviewed the issue of adding regulations to the Zoning Bylaw to allow ongoing occupancy of an existing dwelling while a new one is being constructed on the same lot and felt that such regulations would be useful. Members of the Commission asked that the issue of safety (in terms of fire separation) is also taken into consideration, and that a longer time period for compliance be allowed. Options: 1. Adopt the report’s recommendation as presented 2. Revise the recommendations 3. Choose not to progress the amendment to the Zoning Bylaw.

Respectfully submitted, /4 Claire Moglove Chair, Advisory Planning and Environment Commission

Attached: Draft text of proposed bylaw amendment as seen by APEC.

Page 16 of 147Page 1 of 2 Wording of proposed amendment as reviewed by APEC on October 8, 2014

i. In the case of a lot zoned for a maximum of one dwelling, the parcel must have an area of 2,2000m or greater. In all other cases, the parcel must have an area of 5,2000m or greater.

ii. The owner of the parcel enters into a written agreement with the City to the effect that the owner removes the existing dwelling or renders it uninhabitable to the satisfaction of the Building Inspector following the granting of the certificate of occupancy for the new principal dwelling. In the case of a lot containing more than one existing dwelling, the dwelling to be replaced must be identified.

iii. Submission of an irrevocable letter of credit or other security satisfactory to the City in the amount of $10,000 in the case of a Manufactured Home being demolished, or $15,000 in all other cases;

iv. That the actions set out in the agreement under section 4.8(c) (ii)must be completed within a maximum time period of 60 days from the date of issuance of the building permit to completion and occupancy of the new principal dwelling, and that this time period be specified in the agreement.

Page 17 of 147Page 2 of 2

Report To COUNCIL

TO: Mayor & Council FROM: R. Neufeld, Deputy City Manager/General Manager Operations AUTHOR: C. Osborne, Planner DATE: October 14, 2014 SUBJECT: Major Development Permit amendment application MJP-14-008: 1853 Meredith Road (Hyundai)

Recommendation: THAT Major Development Permit Amendment application MJP-14-008 for 1853 Meredith Road be denied for the reasons set out in the General Manager of Operations’ October 14, 2014 report; AND THAT staff continue to work with the applicant to undertake additional architectural and/or landscape design development to bring forward a revised application that meets the OCP commercial/industrial Form & Character Development Permit guidelines as outlined in the General Manager of Operations’ October 14, 2014 report.

Summary: On June 24th Council granted a Development Permit for Commercial Form & Character, with Variances, for a new Hyundai dealership located at the above address.

The applicant has subsequently applied to amend the permit to reflect a new corporate design program. While the General Manager of Operations has been authorized to approve “minor amendments consistent with the spirit and intent of the Official Community Plan Bylaw 3475, 2012”; the proposed amendments are considered to move further from, rather than closer to, the OCP’s design guidelines. The amendment application is therefore referred to Council for consideration.

Discussion: The changes sought include the removal of an important architectural aesthetic element that was included to break up the massing of the building, removal of a trim band and change in colour.

The previous design included a vertical tower “blade” element that intersected the roofline, responding to the specific OCP guideline Commercial/Industrial Development Permit Guidelines (“Massing and Orientation”), which states:

a) Siting, massing, shape, pattern, roof line and exterior finish of buildings should be sufficiently varied to provide visual interest.

This was pointed out in the original application where the architect’s design statement which accompanied the application stated the following:

File No.: MJP 14-008 Amendment Page 1 of 6 Page 18 of 147

“The building form and massing is intended to be simple with clean uniform, lines. This emphasizes the tower element that carries the dealership’s brand identifiers as the viewer’s eyes are drawn to the higher and articulating element.”

The proposed amendment seeks to remove this important feature as well as introducing a new corporate colour scheme. The change in colour is not considered significant, although the omission of the light band of trim between the glazing and fascia detracts from the overall design (shown in the comparison images below). Of greater significance is the omission of the tower - the “higher and articulating element” referred to in the original design statement. The removal of this feature results in a building that is a squat rectangular structure that lacks interest in terms of shape, pattern and roof line – essential elements within the OCP’s guideline. The general OCP guideline relating to roofs states: “Roofscapes should be punctuated by special features that enhance the skyline”. While the corporate design may have changed such that this “blade” is no longer a feature, and it would be unreasonable to insist on the retention of this feature specifically; the applicants have been encouraged to propose some other alternative solution that responds to the OCP’s design guidelines. The purpose of the guidelines relating to roof treatment is to reduce the negative impact of a large uninteresting building close to the highway. This solution could be architectural, or landscape-based, or some combination, such as a stepped parapet with intermittent trees at the site frontage to break up the mass of the building.

Sadly, no such alternative has been forthcoming and staff would advise that design amendments that move further from, rather than closer to, the OCP’s guidelines should not be encouraged. This backwards design “creep” serves to undermine much of the positive development that Campbell River has seen over the last year and which has been seen as “raising the bar” in terms of good design and landscaping. The figure below shows the approved design and the revised design:

File No.: MJP 14-008 Amendment Page 2 of 6 Page 19 of 147

The City’s OCP, developed with considerable community input, sets out the design guidelines for developing in our community. Design guidelines are intended to be flexible to accommodate a variety of possible design solutions and corporate desires, but do also set out certain fundamental expectations. If corporate preferences are always given precedence over locally- established design guidelines, it can result in bland, poorly-designed places that fail to promote a sense of local distinctiveness.

Council recently upheld the OCP commercial form & character guidelines with another car dealership in Campbellton, and required further design and landscape development to be undertaken (MIP-13-031). Staff therefore makes the same recommendation in regards to this application; where the architectural design is considered to fall short of the quality expected by the OCP.

Should Council however wish to grant this amendment application without requiring additional design work from the applicant, an amended permit is attached to this staff report. Options: 1. Approve the Development Permit amendment application as presented; 2. Defer consideration of the Development Permit application pending receipt of further information (to be identified); 3. Deny the Development Permit amendment application on the basis of inconsistency with General Multi-Family, Commercial and Industrial Form Character and Performance Guidelines (“Roofs” 1.) and Industrial Development Permit Guidelines (“Massing and Orientation a)).

Staff recommends Option 3: that Council denies the application and encourages the applicant undertake some additional design and/or landscaping development to add visual interest to the form and massing of the building.

Communications: No further communication is necessary.

Conclusion: The proposed amendment to Development Permit MJP-14-008 falls short of Form & Character Development Permit guidelines of the OCP relating to treatment of roof lines, both in the general guidelines and the specific commercial/industrial development guidelines. Accordingly, it is recommended that Council requests additional work from the applicant to improve the design and appearance of the building and landscaping before granting an amendment to this permit.

Report prepared by Report reviewed/approved by

Chris Osborne, MRTPI, MCIP, RPP Ronald G. Neufeld, P.Eng Planner Deputy City Manager/General Manager of Operations

File No.: MJP 14-008 Amendment Page 3 of 6 Page 20 of 147

Attachments: Location Map Site Photos Applicant’s Covering Letter Draft Amended Development Permit MJP 14-008

Site Location Plan

File No.: MJP 14-008 Amendment Page 4 of 6 Page 21 of 147

Site Photos

Photo 1: Existing building and use on the site

Photo 2: Looking up Meredith towards site entrance

File No.: MJP 14-008 Amendment Page 5 of 6 Page 22 of 147

File No.: MJP 14-008 Amendment Page 6 of 6 Page 23 of 147 Major Development Permit (amended)

MJP 14-008 _Amended

Issued To: Meredy Holdings Ltd. 2018 Sierra Drive Campbell River, BC V9H 1R6 (Permittee)

1. This Development Permit is issued subject to compliance with all of the Bylaws of the Municipality applicable thereto, except as specifically varied or supplemented by this Permit.

2. This Development Permit applies to and only to any and all buildings, structures and other development thereon to Lot 6, District Lot 132, Sayward District, Plan 2309 Except Plan 12002 &14752 and EPP38604 (1853 Meredith Road), PID #: 006-478-174; and, Lot A, District Lots 67 & 132, Sayward District, Plan EPP38604, PID #: 029-271-215.

3. In accordance with Section 925 of the Local Government Act, financial security shall be provided for the landscaping works shown in Schedule “C” (Landscaping) at 125% of the total estimated cost of those works, equivalent to $28,881.25. The security shall be returned to the applicant as soon as reasonably practicable upon satisfactory completion of the landscaping works, subject to Subsections (2), (2.1) & (3) of Section 925 of the Local Government Act.

4. The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this Permit and any plans and specifications attached to this Permit, which shall form a part hereof.

5. This Development Permit expires two years from the date of Council approval, unless otherwise constructed as approved herein.

6. Development shall be carried out in accordance with plans, elevations and information contained in Schedules “A”, “B”, “C” & “D”; attached and herein forming part of this permit.

7. Despite details as may be indicated on approved plans, nothing in this permit authorizes anything to be done, or caused to be done, in contravention of any City Bylaws, including the Zoning Bylaw, 3250, 2012 and Sign Bylaw 3309, 2007.

8. This is not a Building Permit.

Land Use Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Fax: 250.286.5761 www.campbellriver.ca Ref: MJP-14-008_amended Page 24 of 147 Major Development Permit MJP-14-008_amended Page 2 of 10

AUTHORIZING RESOLUTION NO. (14-0273) PASSED BY COUNCIL ON THIS (10th) DAY OF (June, 2014), EFFECTIVE THIS (11th) DAY OF (June, 2014).

______Deputy City Clerk

AMENDING RESOLUTION NO. ( ) PASSED BY COUNCIL ON THIS ( ) DAY OF ( , 2014).

______Deputy City Clerk

Please Note: It is the Applicant’s sole responsibility to ensure compliance with all relevant City permits and bylaws. Unless explicitly stated on this permit, issuance of the permit does not authorize the Applicant to proceed with any development, construction or activity that is in contravention of any other relevant permits or bylaws. In the case of a perceived conflict, the applicant should immediately contact the Land Use Services Department for clarification prior to undertaking any development, construction or activity.

Plans attached in schedules to this permit (full size copies available from issuing authority):

Plan [Revision] Date Notes A1.1 – Site Plan May 6, 2014 Re-Issue for Development Permit A1.7 – Pylon Sign Plan June 3, 2014 A1.2 – Main Floor Plan May 6, 2014 Re-Issue for Development Permit A3.1 – Building Elevations [Aug 21, 2014] Re-Issue for Development Permit A3.2 – Signage [Aug 21, 2014] Re-Issue for Development Permit Lighting Analysis May 20, 2014 Dwg No. 91202314A2 Landscape Plan May 1, 2014 For Development Permit Irrigation System Schematic June 4, 2014 Highland Engineering Dwg 3420, 2 of 4, (Servicing Plan) Issue C.

To Development Permit Resolution #14-0273

Land Use Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Fax: 250.286.5761 www.campbellriver.ca Ref: MJP-14-008_amended Major Development Permit MJP-14-008_amended Page 6 of 10 Page 27 of 147

Schedule “B”

To Development Permit Resolution #14-0273

Schedule “C” Page 29 of 147

To Development Permit Resolution #14-0273

Schedule “D” Page 32 of 147

Land Use Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Fax: 250.286.5761 www.campbellriver.ca Ref: MJP-14-008_amended Page 33 of 147 Major Development Permit MJP-14-008_amended Page 6 of 10

To Development Permit Resolution #14-0273

Land Use Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Fax: 250.286.5761 www.campbellriver.ca Ref: MJP-14-008_amended Page 34 of 147

Report To Council

TO: Mayor & Council FROM: R. Neufeld, Deputy City Manager/General Manager of Operations AUTHORED BY: C. Osborne, Planner DATE: 14 October, 2014 SUBJECT: Zoning Bylaw Text Amendment: Temporary Dwellings Recommendation:

THAT Council gives First and Second Readings to Zoning Amendment Bylaw 3573, 2014 and proceeds to Public Hearing.

Purpose: Recent enquiries to City staff have revealed an occasional demand within Campbell River for occupation of an existing dwelling while a new replacement dwelling is constructed on a lot. Currently, no provision for this exists within the City’s bylaws. A City-initiated Zoning Bylaw amendment is suggested to provide this option for homeowners.

Background: Section 4.8 of the City’s Zoning Bylaw provides for occupancy of an RV during construction of a dwelling on a residential lot. Each zone prescribes a maximum number of dwellings that can be permitted on a lot, either directly (e.g. one, two or three) or indirectly as a function of site area (e.g. 25 dwellings per hectare). As Campbell River grows and evolves, many older, poor-quality houses are being torn-down and replaced with new dwellings. This redevelopment occurs on lots of all sizes; however, on larger lots the new dwelling is sometimes constructed in an entirely different location within the lot. In a small number of these cases, the City has been approached by the owner asking if they can continue to reside in the old dwelling while the new one is being constructed. While this may seem a reasonable request, the current answer based on our existing bylaws is “no”. It is legally impermissible for anyone to exceed the maximum use/density set by a zone, either permanently or temporarily, even through a variance application. While the variance permit process can be used to relax other zoning matters such as setbacks or ancillary building size, it may not be used to vary use or density, even for a temporary period. Staff therefore proposes an amendment to the Zoning Bylaw itself to facilitate the temporary use of a second dwelling in specific cases and subject to safeguards, which are discussed below.

Discussion: While there is no provision for temporary dwellings within the Zoning Bylaw, staff investigated whether the Temporary Use Permit (TUP) process could instead be used, since TUPs can vary use for a limited period of time. TUPs are created in ss.920.2 & 921 of the Local Government Act.

File No.: 6700-30 ZB TD Page 1 of 5 Page 35 of 147

However, for a Local Government to use TUPs it must designate TUP areas within either its OCP or its Zoning Bylaw. Campbell River designates TUP areas in its OCP (s.4.11.4) but only for “…commercial and industrial uses”. Legal advice has confirmed that the City cannot accordingly issue TUPs for residential uses based on our OCP. Subject to consideration of the desirability or otherwise of facilitating this process, the options open to the City are: Option 1) Amend the Zoning Bylaw to make specific provision for this situation; Option 2) Amend the OCP to include residential use within the TUP process; Option 3) Take no action and do not allow temporary dwellings.

Temporary Dwellings: pros and cons Allowing temporary dwellings is not something that is necessary for the City to achieve its OCP’s aims and objectives and is in any case an infrequent issue. Facilitating this process would therefore be a service to the community to give greater flexibility for domestic construction projects. However, making provision is not without risk and without careful consideration as such a provision could be subject to abuse. Ensuring and enforcing the subsequent demolition of the old dwelling once occupancy of the new is granted may provide difficult. Anecdotal evidence from other jurisdictions that have tolerated this process (e.g. Cowichan Valley RD) confirms that this is so. Unlawful dwellings create nuisance and liability concerns, and may leave neighbours or others who have followed the correct procedures feeling aggrieved. There is also risk of increased nuisance to neighbouring properties during what can sometimes be a lengthy construction process if a site is crowded-out with activity, construction and equipment.

Other jurisdictions A number of other local governments’ approaches were informally surveyed and summarized below. Some are notable in that that they provide for temporary second dwellings in policies or bylaws other than their Zoning Bylaw. Staff do not consider either of these to be legally-sound approaches. Not allowed • Nanaimo

Explicitly allowed in Zoning Bylaw • Cowichan Valley RD. Have had past issues with enforcement. • Comox Valley RD

Explicitly allowed in other Bylaw (but not in Zoning) • Maple Ridge (building bylaw) • Surrey (building bylaw)

Allowed informally without any Bylaw provisions • Central Saanich • Courtenay

File No.: 6700-30 ZB TD Page 2 of 5 Page 36 of 147

Safeguards Should the City decide to make provision for temporary dwellings, it can manage the risks identified above. Principally, it may require a financial security prior to issuing a building permit for the new dwelling, covering the costs of demolition of the old dwelling. If the owner does not demolish the old dwelling within a prescribed time period following the grant of occupancy for the new dwelling, the City would be able to apply the security to cover the cost of taking the action necessary to secure the required works. Authority for this is provided for in section 19 of the Community Charter. The figures of $10,000/$15,000 are broadly consistent with the sums required by some other municipalities and reflect the maximum likely legal costs to the municipality in taking action to secure compliance. Furthermore, the City could also require registration of a restrictive covenant on title, preventing residential occupancy of a new dwelling unless the old dwelling is removed. This would give the City additional legal options to pursue civil court action in the case of non-compliance. With regards to nuisance such as noise, dust, contractor parking, etc., the City’s Nuisance Bylaw applies in all circumstances; however it is always preferable to avoid a nuisance being created in the first place, rather than have to take corrective action against an established nuisance. Staff would therefore recommend that this provision only apply to lots above a certain size threshold, where in most or all cases, two dwellings along with construction equipment and activity, can be comfortably accommodated without having an undue effect on neighbouring properties. A minimum lot area of 1,000m2 (circa 0.25 acres) is suggested as being appropriate for reasons discussed below.

Recommendation In the interests of providing a positive and proactive attitude towards development and the improvement of lots, staff recommends that the City introduces a limited provision to facilitate this process. Option 2 above is not recommended. Amending the OCP is a more cumbersome process than amending the Zoning Bylaw, although not by a significant margin. However amending the OCP would only enable the City to use a TUP process, which is analogous to a rezoning process. This is an expensive and somewhat bureaucratic process not well-suited to the issue at hand. Option 1 provides a far more nimble process that enables the City to deal with these cases in an expedient but robust manner. The Zoning Bylaw is a regulatory tool and writing additional provisions into it is a more efficient solution than invoking a cumbersome TUP process. Staff consider that using both financial security and requiring a covenant to be registered on title may represent “overkill”. A covenant is a document that is legally enforceable; however the process for so doing is not significantly different from that required to enforce compliance with the Zoning Bylaw. Covenants are more typically used to cover site-specific situations that are not adequately addressed by bylaws. The City is entitled to enforce its Zoning Bylaw through appropriate legal action, and requiring a financial security to cover the cost of this should constitute a sufficient safeguard to ensure that the public purse does not suffer in the unlikely event of non-compliance. Staff also recommends that a minimum lot size is prescribed, to reduce the likelihood of impacts spilling over to neighbouring properties and suggest that this should be set at the minimum lot size for a lot zoned for a single family dwelling with separate secondary residence (1,000m2 as per the R-1B zone).

File No.: 6700-30 ZB TD Page 3 of 5 Page 37 of 147

As every site is different, with its own characteristics, setting such a threshold offers no guarantee that every qualifying site will be appropriate, but introducing alternative triggers and requirements would become cumbersome and unduly complex and the above figure is expected to provide sufficient space for the majority of cases. Should Council consider this threshold to be too low, it can easily be revised upwards. The proposed Zoning Bylaw amendment would take the form of an additional paragraph 4.8(c) show below in draft form: 4.8(c) An owner of a parcel which already has one or more existing single family dwellings located on it in lawful and conforming use, while in the process of constructing a new principal single family dwelling on the same parcel, may continue to occupy the existing dwelling(s) during construction of the new principal dwelling, provided that the following conditions are first met: i. In the case of a lot zoned for a maximum of one dwelling, the parcel must have an area of 1,000m2 or greater. In all other cases, the parcel must have an area of 2,000m2 or greater;

ii. Submission of an irrevocable letter of credit or other security satisfactory to the City in the amount of $10,000 in the case of a Manufactured Home being removed, or $15,000 in all other cases;

iii. Any Development Permit(s) required under the Official Community Plan have been obtained and complied with;

iv. The owner of the parcel enters into a written agreement with the City to the effect that the owner removes the existing dwelling following the granting of the certificate of occupancy for the new principal dwelling. This agreement shall contain:

a. a date by which the existing dwelling must be removed; b. acknowledgement of the amount and date of the security submitted and provisions for the return or forfeiture of security; c. a requirement for a minimum separation distance between dwellings of 4m, or subject to appropriate calculations and conditions, such other distance as may be agreed by a City Building Inspector; d. in the case of a lot containing more than one existing dwelling, identification of the dwelling to be replaced; e. any other conditions or requirements deemed reasonably necessary by the City Building Inspector or Approving Officer.

v. That the actions set out in the agreement under section 4.8(c)(iv) must be completed within a maximum time period of twelve months from the date of issuance of the building permit to removal of the existing dwelling, and that this time period be specified in the agreement.

APEC Review The proposed amendment was reviewed by the City’s Advisory Planning and Environment Commission at its meeting on October 8, 2014. APEC voiced approval of the amendment but requested that a minimum fire separation distance was incorporated into the requirements, and this has been done, along with some further development of wording. The report from the Chair

File No.: 6700-30 ZB TD Page 4 of 5 Page 38 of 147

of APEC is contained within the Commission and Committee Reports section of this Council agenda. Financial / Operational Considerations: The proposed change is not expected to carry any significant impact on the City’s financial or operational programs.

Options: The three options are: 1. Give Zoning Amendment Bylaw 3573, 2014 First and Second Readings, and direct staff to arrange a Public Hearing (recommended); 2. Defer First and Second Readings and request additional information or changes; 3. Refuse to give First and Second Readings and abandon the proposal.

Staff recommends an amendment to the City’s Zoning Bylaw as per Option 1 identified above, to give greater flexibility to homeowners during “tear-down and rebuild” projects, subject to appropriate safeguards.

Conclusion The proposed bylaw amendment makes provision for occupancy of a temporary dwelling during construction of a new principal dwelling on certain sites. The proposed amendment incorporates a process and safeguards to minimize the identified risks of non-compliance and neighbour impact.

Report submitted by Report reviewed/approved by

Chris Osborne, MRTPI, MCIP, RPP Ronald G. Neufeld, PEng. Planner Deputy City Manager/General Manager Operations

Attachments: Draft Zoning Amendment Bylaw 3573, 2014

File No.: 6700-30 ZB TD Page 5 of 5 Page 39 of 147

Zoning Amendment Bylaw No. 3573, 2014

ADOPTED 20__

PURPOSE

This bylaw amends the Zoning Bylaw No. 3250, 2006

Page 40 of 147

The Council of the City of Campbell River enacts as follows:

Part 1 Title

1.0 This bylaw may be cited for all purposes as Zoning Amendment Bylaw No. 3573, 2014 (Temporary Dwellings). Part 2 Enactment

2.0 This bylaw comes into effect upon adoption.

2.1 The Mayor and City Clerk are hereby empowered to do all things necessary to give effect to this bylaw. Part 3 Amendments to Zoning Bylaw 3250, 2006

3.0 That Zoning Bylaw 3250, 2006 be amended as follows:

1) by adding the following subsection (c) to section 4.8 (Occupancy During Construction):

4.8(c) An owner of a parcel which already has one or more existing single family dwellings located on it in lawful and conforming use, while in the process of constructing a new principal single family dwelling on the same parcel, may continue to occupy the existing dwelling(s) during construction of the new principal dwelling, provided that the following conditions are first met: i. In the case of a lot zoned for a maximum of one dwelling, the parcel must have an area of 1,000m2 or greater. In all other cases, the parcel must have an area of 2,000m2 or greater;

ii. Submission of an irrevocable letter of credit or other security satisfactory to the City in the amount of $10,000 in the case of a Manufactured Home being removed, or $15,000 in all other cases;

iii. Any Development Permit(s) required under the Official Community Plan have been obtained and complied with;

City of Campbell River | Zoning Amendment Bylaw No. 3573, 2014 2 Page 41 of 147

e. any other conditions or requirements deemed reasonably necessary by the City Building Inspector or Approving Officer.

Part 4 Severability

4.0 If any section, subsection, paragraph, clause, phrase or word within this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw.

City of Campbell River | Zoning Amendment Bylaw No. 3573, 2014 3 Page 42 of 147

READ THE FIRST TIME this day of 20

READ THE SECOND TIME this day of 20

A Public Hearing was advertised in two issues of the Courier Islander and Campbell River Mirror

this day of 20

and was held this day of 20

READ THE THIRD TIME this day of 20

ADOPTED this day of 20

Signed by the Mayor and City Clerk this day of 20

MAYOR

CITY CLERK

City of Campbell River | Zoning Amendment Bylaw No. 3573, 2014 4 Page 43 of 147

ENVIRONMENTAL PROTECTION BYLAW BYLAW 3551, 2014

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014

Page 44 of 147 DISCLAIMER

Hyperlinks, internet addresses, QR codes and any material associated with, or accessed through such links, do not form part of the bylaw and are provided as supplementary material for convenience only. In the event of any query, dispute or legal challenge, a plain text-only version of the bylaw is available and maintained as being the authoritative copy.

Unless an image, photograph or diagram is explicitly referred to in the text of the bylaw as being part of the bylaw, any images, photographs and diagrams do not form part of this bylaw and are provided as supplementary material for convenience only.

Cover photo by Toni Falk

The “QR code” to the left provides quick access to the Campbell River website http://www.campbellriver.ca using a mobile QR code reader app.

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014

Page 45 of 147

Environmental Protection Bylaw No. 3551, 2014

ADOPTED______2014

PURPOSE

This bylaw sets out to regulate, impose requirements and restrict/prohibit activities in order to protect the natural environment and ecological systems related to watercourses, trees, soils, lands and outstanding natural features (visual assets) in the City of Campbell River.

In addition to the requirements set out in this bylaw, provincial and federal environmental regulations also regulate activities that have the potential to negatively affect the environment. Every person is advised to check with the relevant government agencies to ensure all of the environmental requirements by these agencies are fulfilled.

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014

Page 46 of 147 CONTENTS

PART 1: Title ...... 5 PART 2: Definitions ...... 5 PART 3: Watercourses and the Storm Drainage System ...... 8 Modifying Watercourses and Storm Drainage Systems ...... 8 Development Adjacent to Watercourses ...... 9 Dumping Adjacent to Watercourses ...... 9 Fouling Watercourses and Storm Drainage Systems ...... 10 Oil and Grit Interceptor Requirements ...... 10 PART 4: Bald Eagle Nest Trees and Nest Tree Habitat ...... 10 Cutting Down, Removal or Modification of Bald Eagle Nest Trees ...... 10 Damaging Bald Eagle Nest Trees ...... 11 Development Adjacent to Bald Eagle Nest Trees ...... 11 PART 5: General Exemptions ...... 12 PART 6: Severability ...... 13 PART 7: Enforcement, Cost Recovery and Penalties ...... 13 Reconsideration ...... 14 Penalties ...... 14

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014

Page 47 of 147

The Council of the City of Campbell River enacts as follows:

PART 1: Title

1.0 This bylaw may be cited for all purposes as Environmental Protection Bylaw No. 3551, 2014.

PART 2: Definitions

2.0 In this bylaw: unless the context otherwise requires:

Bald Eagle means any tree with a history of nest building by Bald Eagles including but Nest Tree not limited to: a. a tree with an existing nest, a tree with a nest under construction, or a tree with an incomplete nest in it, at any time of the year whether or not the nest is in use, whether Bald Eagles are present, or whether it is a registered tree in any type of City, provincial or federal government inventory; b. a registered nest tree without a nest that appears on any City, provincial or federal government inventory. Bald Eagle means the ground and vegetation within a buffer area of 60 metres measured Nest Tree as a radius from the base of a Bald Eagle Nest Tree or a designated buffer as Habitat identified by covenant or as determined by a Qualified Environmental Professional under an approved City Development Permit. Channelized means a structure that forms part of an historic natural drainage pattern with Stream larger intact headwaters or significant sources of Groundwater and in which water flows constantly, intermittently or at any time. Deleterious means any of the following that when introduced into a Storm Drainage Material System or Watercourse would Foul it, including but not limited to: a. Pesticides, fertilizers, soaps, detergents, household and commercial grade cleaning compounds, paints, solvents, chemicals, chlorinated water, waste oil, grease or any material or substance which is a Hazardous Material, contaminant, toxic substance, or reportable substance that is identified or described in or defined by any applicable statute, regulation or law, including any substance that violates the Fisheries Act or the Waste Management Act; and b. any sediment, rock, gravel, sand, clay, silt, earth, acid rock drainage, construction or excavation wastes, cement, concrete, exposed aggregate wash water or wood waste including wood chips or shavings. Development means any of the following: a. removal, alteration, disruption or destruction of vegetation; b. disturbance of soil, including the removal and deposition of soil; c. construction, erection or demolition of buildings and structures; d. flood protection works;

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 5 Page 48 of 147

e. construction of roads, trails, docks, wharves and bridges; f. provision and maintenance of sewer and water services; g. development of drainage systems; h. development of utility corridors; i. subdivision as defined under provincial enactment. Development means a permit granted under section 920 of the Local Government Act. Permit Discharge means to directly or indirectly introduce a substance by spilling, disposing of, dumping, placing, washing, abandoning, depositing, leaking, seeping, pouring, draining, emptying, or by any other means. Ditch means an entirely constructed structure or facility used or intended to be used to convey Stormwater flows, with seasonal flows and no significant headwaters or springs. Drip Line means a circle on the ground around the trunk of a tree, the radius of which is the distance between the outermost branches and the centre point of the trunk, or its vertical extension. Environmental means any person in the position of General Manager, Building Inspector, Protection Bylaw Enforcement Officer, Environmental Coordinator, Planner, Roads and Official Drainage Supervisor, Transportation Manager, Transportation Specialist and Subdivisions Engineer or Fire Chief, or their deputy or a person designated by Council to act in the place of any of these persons, and includes an RCMP Officer. Fouling means to Discharge a Deleterious Material into a Watercourse, Storm Drainage System or Groundwater. General means the person in the position of General Manager of Operations for the Manager City and includes the Deputy General Manager and any person designated by Council to act on their behalf for the purpose of this bylaw. Groundwater means the mass of gravity water that occupies the subsoil and upper bedrock zone; the water occupying the zone of saturation below the soil-water zone. Hazard Tree means a tree identified in writing by a Qualified Environmental Professional as having defect or other condition sufficient to significantly increase the risk that all or part of the tree will fall resulting in injury to persons or damage to property. Hazardous means PCB wastes, biomedical wastes, wastes containing dioxin, waste oil, Material waste asbestos, waste pest control product containers and wastes containing pest control products including wastes produced in the production of treated wood products using pest control products, leachable toxic waste, waste containing tetrachloroethylene, wastes listed in Schedule 7 of the Hazardous Waste Regulation (B.C. Reg. 63/88) , waste that is corrosive because it has a pH factor of less than 2.0 or greater than 12.5 measured directly when the waste is liquid or measured in a 50% distilled water mixture or solution by mass when the waste is solid, waste containing polycyclic aromatic hydrocarbon or matter defined or prescribed as dangerous goods under the Transport of Dangerous Goods Act (British Columbia).

6 City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 Page 49 of 147

High Water means the boundary of a Watercourse as ascertained and certified in writing Mark by a Qualified Environmental Professional. Motor Vehicle means an area for the parking of vehicles, other than an area for residential Parking Area use consisting of less than five (5) vehicle parking stalls. Official means the Official Community Plan for the City, as amended from time to Community time. Plan Owner means, in regard to real property, a. the registered owner of an estate in fee simple; b. the tenant for life under a registered life estate; c. the registered holder of the last registered agreement for sale; d. the holder or occupier of land held in the manner referred to in section 228 or 229 of the Community Charter; and is deemed to include any person who is in lawful possession or occupancy of any building situated on the land. Pesticide means any chemical-based material that is used to control pests, including herbicides, insecticides, rodenticides and fungicides. Qualified means a person who is registered or licensed as a Professional Engineer under Engineering the Engineers and Geoscientists Act. Professional Qualified means an applied scientist or technologist, acting alone or together with Environmental another qualified professional, if: Professional a. the individual is registered and in good standing in British Columbia with an appropriate professional organization constituted under Act, acting under the association’s code of ethics and subject to disciplinary action by that association; and b. the individual is acting within that individual’s area of expertise. Riparian Areas means B.C. Reg. 376/2004 enacted on July 27, 2004 under the authority of the Regulation Fish Protection Act. Storm means the system and network of pipes, conduits, waterworks, bioswales, Drainage swales, rain gardens, drains, reservoirs, canals, Stormwater Management System Facilities or other equipment or facilities in the City for the collection and transmission of Stormwater or uncontaminated water on public property. Stormwater means surface runoff in response to rainfall, snowmelt or both that moves over the land to a Watercourse or the Storm Drainage System; also means surface runoff or overland flow from Developed areas. Stormwater means a Stormwater impoundment and appurtenant structures, connections Management and controls for containment, detention or retention of Stormwater and its Facility delayed release at a controlled rate to a receiving Storm Drainage System or Watercourse.

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 7 Page 50 of 147

Subdivision means the Subdivision and Development Servicing Bylaw for the City, as and amended from time to time. Development Servicing Bylaw Watercourse means a stream, Channelized Stream, Ditch, pond, lake, river, creek, brook, spring or Wetland whether it provides fish habitat or not and in which water flows constantly, intermittently or at any time on private or public property. Watercourse means a streamside protection and enhancement area (SPEA) Buffer Zone a. as identified by covenant or established by a Qualified Environmental Professional under the Riparian Areas Regulation or other enactment or permit, including any Development Permit setback area required by the City; or b. as designated by a provincial or federal biologist under a provincial or federal enactment; and also includes a natural area around a Stormwater Management Facility designated under paragraph (a) or (b) in relation to Development. Wetland means land that is inundated or saturated by surface or Groundwater at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, estuaries and similar areas that are not part of a Watercourse or the active floodplain of a Watercourse. Yard Waste means plant debris, grass clippings, tree clippings, leaves, branches, tree and hedge pruning’s, plants, flowers, sod, soil and rocks.

PART 3: Watercourses and the Storm Drainage System

MODIFYING WATERCOURSES AND STORM DRAINAGE SYSTEMS 3.0 a. No person shall enclose any portion of a Watercourse within a drain or culvert without the prior written approval of an Environmental Protection Official. b. No person shall alter, repair, remove, fill in, reconstruct, divert or carry out any other Development on any Watercourse or Storm Drainage System without the prior written approval of an Environmental Protection Official. c. Without limiting paragraph (b), no person shall obstruct or impede the flow of any Watercourse or Storm Drainage System without the prior written approval of an Environmental Protection Official. d. No person shall alter the location or the quantity of Stormwater entering any Watercourse or Storm Drainage System from private land without prior written approval of an Environmental Protection Official.

8 City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 Page 51 of 147

e. Before granting approval under this section, the Environmental Protection Official shall apply the:

i) provisions of this bylaw and other applicable enactments:, ii) development permit requirements, iii) assessment of a Qualified Environmental Professional prepared under applicable enactments.

DEVELOPMENT ADJACENT TO WATERCOURSES 3.1 a. No person shall Develop within a Watercourse Buffer Zone without a Development Permit. b. Without limiting paragraph (a), no person shall Develop within thirty (3o) metres of the High Water Mark of a Watercourse without a Development Permit. c. No person shall Develop within the area that is between thirty (30) metres and fifty (50) metres from the High Water Mark of a Watercourse unless a Qualified Environmental Professional has determined that the proposed Development is outside the assessment area as defined in the Riparian Areas Regulation, (British Columbia). d. The requirement in paragraph (c) does not apply to a Ditch. e. For Development pursuant to Section 3.1(a) or (b), an Environmental Protection Official may require the Owner of real property, in which the Development is to occur, to provide to the City a report prepared by a Qualified Environmental Professional addressing assessments identified in the Official Community Plan, this bylaw and the Riparian Areas Regulation. f. The Owner of the real property on which the Development is to occur shall: i) comply with all Development Permit requirements in the manner and within the time frames identified in the Development Permit; ii) upon completion of the requirements, submit to an Environmental Protection Official a certified report prepared by a Qualified Environmental Professional notifying that the Development Permit requirements have been fully implemented; and iii) provide security to the City an amount equal to 125% of the cost estimated by a Qualified Environmental Professional of complying with the Development Permit requirements.

DUMPING ADJACENT TO WATERCOURSES 3.2 a. No person shall deliver, deposit, store, abandon, or allow to be delivered, deposited, stored or abandoned, any fill or other material, including Yard Waste, within a designated Watercourse Buffer Zone. b. Without limiting paragraph (a), no person shall deliver, deposit, store, abandon, or allow to be delivered, deposited, stored or abandoned, any fill or other material, including Yard Waste, within thirty (30) metres of a Watercourse if the area within thirty (30) metres is in an Undeveloped naturally vegetated state.

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 9 Page 52 of 147

FOULING WATERCOURSES AND STORM DRAINAGAE SYSTEMS 3.3 No person shall cause or permit any Deleterious Material, or water containing Deleterious Material, to be deposited or released, directly or indirectly, including through Groundwater contamination, into a Watercourse or Storm Drainage System that would Foul the Watercourse or Storm Drainage System.

OIL AND GRIT INTERCEPTOR REQUIREMENTS 3.4 The Owner of real property where there is a vehicle or equipment wash area constructed as part of a commercial or industrial business, or where a paved or impervious Motor Vehicle Parking Area is constructed, shall: a. construct and install an oil and grit interceptor designed by a Qualified Engineering Professional in accordance with specifications contained in the Subdivision and Development Servicing Bylaw to intercept the Stormwater runoff from the paved or impervious area before it reaches the Storm Drainage System or Stormwater Management Facility; b. ensure that the design of the oil and grit interceptor includes a maintenance schedule according to the manufacturer’s specifications or as specified by a Qualified Engineering Professional; c. maintain the oil and grit interceptor according to the maintenance schedule and manufacturer’s specifications; d. at the request of an Environmental Protection Official, provide proof of the maintenance required under this section; and e. without limiting paragraphs (c) and (d), an Environmental Protection Official may order the cleaning of the oil and grit interceptor if the facility is full.

PART 4: Bald Eagle Nest Trees and Nest Tree Habitat

CUTTING DOWN, REMOVAL OR MODIFICATION OF BALD EAGLE NEST TREES

4.0 No person shall cut down or remove a Bald Eagle Nest Tree or cause any such tree to be cut down, trimmed, root planed, topped, modified or removed unless:

a. any permit that may be required from the Province has been obtained; b. prior to cutting or removal, a copy of the Provincial permit is provided to an Environmental Protection Official with written notification of the intended date of cutting or removal. 4.1 If the Bald Eagle Nest Tree is to be cut down or removed for a reason other than being a Hazard Tree, the Owner of the real property from which the Bald Eagle Nest Tree is to be cut down, trimmed, root planed, topped, modified or removed or their agent authorized in writing shall submit to the City a habitat compensation plan prepared by a Qualified Environmental Professional, prior to the cutting or removal, that:

10 City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 Page 53 of 147

a. describes the measures required to ensure how no net loss of Bald Eagle Nest Tree Habitat will be achieved; and b. includes a time frame for implementation and completion of the measures with actions required, monitoring schedule and communications plan. 4.2 The Owner of real property from which a Bald Eagle Nest Tree has been cut down, trimmed, root planed, topped, modified or removed subject to Section 4.1 shall: a. implement the habitat compensation plan in the manner and within the time frames identified in the plan; and b. upon completion of the plan measures, submit to the City a certified report prepared by the Qualified Environmental Professional notifying that the habitat compensation plan measures have been fully implemented.

DAMAGING BALD EAGLE NEST TREES 4.3 Without limiting sections 4.0 through 4.2, no person shall, without prior issuance of a permit required by the Province and compliance with this Bylaw, carry out any of the following damaging activities to any Bald Eagle Nest Tree: a. Cutting or damaging of the roots within the Drip Line of the tree; b. Placing fill, building materials, asphalt or a building or structure upon land within the Drip Line of the tree; c. Operating trucks, backhoes, excavators or other heavy equipment over the roots within the Drip Line of the tree; d. Denting, gouging or damaging the trunk or removing bark from the tree; e. Depositing concrete washout, a chemical, or substances harmful to the health of the tree on land within the Drip Line of the tree; f. Removing soil from land within the Drip Line of the tree; g. Blasting inside the Drip Line of the tree or outside the Drip Line so as to disturb the soil within the Drip Line; and h. Undermining the roots of a tree growing inside the Drip Line; or altering the Groundwater or surface water level within the Drip Line of a tree.

DEVELOPMENT ADJACENT TO BALD EAGLE NEST TREES 4.4 a. No Person shall Develop within sixty (60) metres of a Bald Eagle Nest Tree without a Development Permit. b. The Owner of the real property in which Development is to occur adjacent to a Bald Eagle Nest Tree pursuant to a Development Permit shall: i) implement all Development Permit requirements in the manner and within the time frames identified in the Development Permit; and ii) upon completion of the Development Permit requirements, submit to an Environmental Protection Official a report prepared and certified by a Qualified Environmental Professional notifying that the Development Permit requirements have been fully implemented.

City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 11 Page 54 of 147

PART 5: General Exemptions

5.0 Emergency Procedures: a. for flood and erosion protection, and the clearing of obstructions; b. to prevent, repair or replace public utilities by the owner of the utilities; c. for clearing an obstruction from a bridge, culvert or drainage flow by a public authority as defined in the Community Charter; or d. to repair bridges retaining walls or safety fences; do not require a Development Permit provided that any person carrying out an emergency procedure action shall report such action to the City immediately prior to the emergency procedure action, or if this is not possible, immediately thereafter. An Environmental Protection Official may require the submission of a report that details the nature of the activity and impacts. 5.1 Cutting down, removal, pruning, topping or other modification of a Hazard Tree, situated in an area in which Development is regulated pursuant to this Bylaw, is exempt from the requirement of a Development Permit, provided that: a. the Owner of real property from which the Hazard Tree is to be cut down, removed or modified shall provide to the City a certified letter prepared by a Qualified Environmental Professional, prior to the cutting, removal or modification, specifying: i) the tree that presents the hazard; and ii) the condition of the Hazard Tree that give rise to the hazard. b. if the Hazard Tree is a Bald Eagle Nest Tree, the cutting down, removal, pruning, topping or other modification is further exempt from the requirement pursuant to Section 5.1 (a) if a permit has been approved by the Province for the cutting, removal, pruning, topping or other modification of the tree. 5.2 Removal of invasive non-native vegetation in an area in which Development is regulated under this Bylaw, does not require a Development Permit if the Owner of real property from which invasive non-native vegetation is to be removed provides to the City an environmental management plan prepared by a Qualified Environmental prior to the removal of the vegetation. 5.3 New recreational trails on public lands in an area in which Development is regulated under this Bylaw do not require a Development Permit if the developer of the trail provides to the City an environmental report prepared by a Qualified Environmental Professional detailing any environmental protection measures and habitat compensation requirements required prior to trail construction. 5.4 Habitat restoration of an area in which Development is regulated under this Bylaw does not require a Development Permit if the Owner of real property on which the restoration is to occur provides to the City a vegetation management plan prepared by a Qualified Environmental Professional prior to vegetation planting. 5.5 Construction, repair and maintenance of works by the City or its authorized agents and contractors are exempt from this Bylaw, but the works must be completed in accordance with the assessments and recommendations of a Qualified Environmental Professional and applicable environmental regulations and best management practices. 12 City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 Page 55 of 147

5.6 Agricultural uses on lands within the Agricultural Land Reserve or under the Farm Practice Protection (Right to Farm) Act or section 917(1) of the Local Government Act, do not require a Development Permit.

PART 6: Severability

6.0 If any section, subsection, paragraph, clause, phrase or word within this bylaw is for any reason held to be invalid by the decision of a court or competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw.

PART 7: Enforcement, Cost Recovery and Penalties

7.0 An Environmental Protection Official and any agent of the may, at all reasonable times, enter upon any property in the City in order to inspect and determine whether the regulations contained within this bylaw are being complied with.

7.1 If any Owner of property or other responsible person involved in Development or any other activity is in contravention of this bylaw, an Environmental Protection Official may by written notice delivered to the Owner: a. order an immediate suspension of all or any portion of Development or other activity; and b. order the Owner of the property in which Development occurred or other responsible person to mitigate damages to the environment at their expense and under the direction of a Qualified Environmental Professional and under any remedial action requirement provisions of the Community Charter. 7.2 If the Owner or other responsible person fails to take action outlined in Section 7.1 within 24 hours of the delivery of the notice, Council may make a declaration requiring that the Owner or other responsible person bring the property into compliance with the provisions of this Part within a specified time frame. An Environmental Protection Official may deliver to the Owner a notice in relation to Council’s declaration. 7.3 If the Owner or other responsible person fails to comply with the notice requirement within the time limit specified in the notice under section 7.2, the City by its workers, or others authorized by Council, may, at all reasonable times and in a reasonable manner, enter the property and affect such compliance at the cost of the defaulting Owner or other responsible person. Such cost shall consist of all costs and expenses incurred by the City in affecting compliance with this Part including, without limitation, administrative costs, costs of attendance at the property by City employees or its contractors and the costs of the work undertaken to mitigate damages to the environment. 7.4 If the Owner or other responsible person defaults in paying the cost referred to in Section 7.3 to the City within 30 days of a demand for payment from the City, the City may recover from the Owner or other responsible person, in any court of competent jurisdiction, the cost as a debt due to the City. If an Owner has not paid the debt by December 31 in the year in which the debt was incurred, the City may direct that the amount of the cost be added to the real property tax roll as a charge imposed in respect of work or service provided to the property of the Owner. City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 13 Page 56 of 147

Reconsideration 7.5 An Owner or other responsible person who has been issued a notice under Section 7.2 of this Part may make representations to Council to have the decision reconsidered by applying in writing for such reconsideration within 14 days of receipt of the notice, or lesser time if specified in the notice. Penalties 7.6 Every person who contravenes, violates or fails to comply with any provision of this bylaw, or who suffers or permits any act or thing to be done in contravention of this bylaw, or who fails to do anything required by this bylaw, commits an offence and shall be liable, upon conviction, to a fine of not more than $10,000 (and not less than the fines prescribed in the City’s Ticketing for Bylaw Offences Bylaw), the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter (British Columbia) or the Offence Act (British Columbia. Each violation against this bylaw shall be deemed to be a separate and distinct offence, and, where the offence is a continuing one, each day that the offence is continued constitutes a separate offence.

READ THE FIRST TIME this 7th day of October, 2014

READ THE SECOND TIME this 7th day of October, 2014

READ THE THIRD TIME this day of 2014

ADOPTED this day of 2014

Signed by the Mayor and City Clerk this day of 2014

MAYOR

CITY CLERK

14 City of Campbell River | ENVIRONMENTAL PROTECTION BYLAW NO. 3551, 2014 Page 57 of 147

Page 58 of 147

PUBLIC NUISANCE BYLAW 3543, 2014

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 1

Page 59 of 147

DISCLAIMER

Cover photo by Toni Falk

The “QR code” to the left provides quick access to the Campbell River website http://www.campbellriver.ca using a mobile QR code reader app.

2 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 60 of 147

Public Nuisance Bylaw 3543, 2014

ADOPTED 2014

PURPOSE

This bylaw is for the purpose of the protection and enhancement of the well- being of the community in relation to nuisances, disturbances and other objectionable situations and to the care, maintenance and regulation of property within the City of Campbell River.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 3

Page 61 of 147

C ONTENTS

PART 1: Title ...... 5 PART 2: Definitions ...... 5 PART 3: Interpretation ...... 8 PART 4: Street Nuisances ...... 8 PART 5: Littering ...... 9 PART 6: Noise Regulation ...... 9 PART 7: Property Maintenance ...... 11 PART 8: Enforcement and Penalty ...... 15 PART 9: Severability ...... 16 PART 10: Repeal ...... 16

4 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 62 of 147 The Council of the City of Campbell River enacts as follows:

PART 1: Title

1.0 This bylaw may be cited for all purposes as Public Nuisance Bylaw No. 3543, 2014.

PART 2: Definitions

2.0 In this bylaw unless the context otherwise requires:

Arterial Road means an arterial Highway as classified under the British Columbia Highway Act; Automated means a device linked to a financial institution’s account records which Teller Machine is able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments; Boulevard means the area of a Highway between the edge of the pavement or curb of the Roadway and the adjacent property line of the Highway; Bus Stop means a section of Street which is reserved for the loading and unloading of buses and where parking and stopping of all other vehicles is prohibited; Bylaw means a Peace Officer, as defined in the British Columbia Enforcement Interpretation Act and those Persons designated by Council as a Bylaw Officer Enforcement Officer to enforce the provisions of this Bylaw; City means the City of Campbell River; Continuous means any Noise or sound continuing for a period of five minutes or Noise more in any 15-minute period; Council means the Council of the City of Campbell River; Discarded includes but is not limited to all materials not in use for the Materials construction or maintenance of a building situated on that property, appliances, furniture, cans, containers, bottles, glass, circulars, pamphlets, handbills, paper or other litter or rubbish, unlicensed or inoperable motor vehicles or motor vehicle parts, machinery, animal carcasses, vegetation cuttings or debris, solid or liquid waste, firewood, unless it is neatly piled or stacked against a wall or fence, and all other chattels in a dismantled state or not in use for the purpose for which the manufacturer intended; Drainage includes Boulevard drainage inlet, catch basin grate, culvert headwall Facility or lawn basin inlet;

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 5

Page 63 of 147 Graffiti includes one or more letters, symbols, writing, pictures or marks, however made, posted, scratched, acid etched, painted or drawn on any structure or thing but does not include any of the following; a. a sign, public notice or traffic control mark authorized by the Transportation Manager, a City Bylaw or Provincial or Federal legislation; or b. in the case of private property, a letter, symbol or mark for which the owner of the property on which the letter, symbol or mark appears has given prior, written authorization Herbicide means any kind of material that is used to control Noxious Weeds; Highway Or includes every Street, road, Boulevard, sidewalk, Lane, square, parking Other Public lot, courtyard, bridge, viaduct and any other way open to public use Place and any land, park, greenspace, building, conveyance, private place or passageway to which the public has, or is permitted to have access or is invited; Independent means a professional engineer, licensed to practice in the Province of Sound British Columbia, with acoustical expertise; Consultant Intersection means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of the 2 highways which join one another at or approximately at right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; and, for the purpose of this definition “highway” does not include a lane or way less than 5 meters in width separating the rear property lines of parcels of land fronting on highways running more or less parallel to and on each side of the lane or way; Lane Means a Street with a right of way not exceeding 8 metres in width; Noise includes any loud outcry, clamour, shouting, disturbance or movement or any sound that is loud or harsh or undesirable; Noxious Weed means any weed designated as noxious pursuant to the Weed Control Act; Occupier means a Person who occupies Real Property but does not include the Occupier of a unit in an apartment, hotel or institution; Panhandle means to beg for, or, without consideration ask for, money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one’s self or for any other Person but does not include soliciting by the holder of a permit issued by the City of Campbell River; Peace Officer has the same meaning as in the British Columbia Interpretation Act and includes a Bylaw Enforcement Officer; Pedestrian means a structure for pedestrian use including a walkway, sidewalk, Facility stairs, ramp, and curb letdown;

6 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 64 of 147 Person includes a natural Person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a Person to whom the context can apply according to law; Pesticide means any kind of material that is used to control pests, fungi, and insects; Real Property means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the Real Property; Residential shall have the same meanings as in the Residential Tenancy Act of Premises, British Columbia; Residential Property And Tenancy Agreement Road Surface means gravel, asphalt, cement or material of any kind whatsoever placed upon any street, road, Highway, bridge, viaduct, lane, or any other way designed or intended for use by the general public for the passage of vehicles, and every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited; Roadway means a portion of a Highway improved for use for vehicular travel; Sight-Distance means a clear line of vision between conflicting motorists, cyclists and pedestrians that allows sufficient time for safe maneuvers to be made without significantly affecting the conflicting traffic; Special Event means a permit issued by the City authorizing the use of a Highway or Permit Other Public Place for the purposes of a special event; Street means any Highway, Roadway, sidewalk, boulevard, place or way which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas; Traffic Control means a Traffic Control Signal as defined in the British Columbia Signal Motor Vehicle Act; and Trust Company means an office or branch of a Trust Company to which The Trust and Loans Companies Act (Canada) applies and in which deposit accounts are held; Utility Company means any utility company that has structures, including but not limited to, postal boxes, lamp posts, telecommunication and power boxes and poles, situated on any Highway or Other Public Place within the City.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 7

Page 65 of 147 PART 3: Interpretation

3.0 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act or Community Charter (or any successor legislation), shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw or the context otherwise requires. 3.1 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 3.2 The headings contained in the Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 3.3 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder.

PART 4: Street Nuisances

Restrictions on Panhandling 4.0 No Person shall Panhandle within 10 meters of: a. an entrance to a bank, credit union or Trust Company; b. an Automated Teller Machine; c. a Bus Stop; d. a bus shelter; or e. the entrance to any liquor store. 4.1 No Person shall Panhandle from an occupant of a motor vehicle which is: a. parked; b. stopped at a Traffic Control Signal; or c. standing temporarily for the purpose of loading or unloading. 4.2 No Person shall Panhandle after sunset on any given day. 4.3 No Person shall sit or lie on a Street for the purpose of Panhandling. 4.4 No Person shall continue to Panhandle from a Person, or follow a Person, after that Person has made a negative response. Use of Highways 4.5 No Person shall: a. urinate or defecate on a Highway or Other Public Place; b. impede or obstruct any other Person on a Highway or Other Public Place, excluding lawful picketing as provided in the BC Labour Code; c. stand or congregate on a Highway or Other Public Place in such a manner as to impede or obstruct the free movement of other Persons or vehicular traffic; d. camp or erect a tent or other camping facilities on a Highway or Other Public Place; e. sleep in any vehicle located on a Highway or Other Public Place;

8 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 66 of 147 f. swear or use indecent, obscene, blasphemous or grossly insulting language on or about a Highway or Other Public Place; or g. carry on any obscene, lewd or indecent activity on a Highway or Other Public Place.

PART 5: Littering

5.0 No Person shall deliver circulars, pamphlets, handbills or papers to or within any Real Property or building located on the Real Property, unless such deliveries are deposited within a receptacle provided by the owners or occupiers of the Real Property or building. 5.1 No Person shall deposit or throw any Discarded Materials, in or on any Highway or Other Public Place.

PART 6: Noise Regulation

Exemptions 6.0 This Part shall not apply to: a. the operation of emergency vehicles; b. the emergency repair of a public Highway; c. operations of a public utility; d. Peace Officers acting in the course of their duties; e. lands within the boundaries of the Campbell River Airport; f. events held under authority of a Special Event Permit issued by the City Manager or their designate; g. the operation of farm vehicles during planting or harvesting; h. any person functioning within the limits imposed by a permit issued by the City Manager or their designate; and i. snow clearing. 6.1 An applicant for a permit referred to in Sections 6.0(f) and 6.0(h) of this bylaw may have a decision under this bylaw reconsidered by Council by applying in writing for such reconsideration, specifying the decision which the applicant wishes reconsidered and the reason supporting the request for reconsideration. 6.2 The permit referred to in Sections 6.0(f) and 6.0(h) will be in a form prescribed by the City Manager or their designate. Regulations 6.3 No person shall make or cause, or permit to be made or caused, any Noise, in or on any Highway or Other Public Place or private place which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the neighbourhood or vicinity. 6.4 No person, who is the owner or occupier of Real Property, shall allow or permit such Real Property to be used in such a manner that Noise emanating from the Real Property disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of an Person or Persons in the neighbourhood or vicinity.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 9

Page 67 of 147 6.5 No Person shall operate any radio, stereophonic equipment or other instrument, or any apparatus for the production or amplification of sound either in or on private premises or in any Highway or Other Public Place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of Persons in the vicinity. 6.6 No Person shall own, keep, or harbor any animal or bird which, by its cries, unduly disturbs the peace, quiet, rest, enjoyment, comfort, convenience or tranquility of the surrounding neighbourhood, Persons in the vicinity or the public at large. Construction and Garbage Collection Noise 6.7 No Person shall, before 7:00 am on any day from Monday to Saturday when such day is not a Statutory Holiday, or before 8:00 am on any Sunday or Statutory Holiday, and after 10:00 pm on any day, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land in any manner which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of Persons in the vicinity. 6.8 No Person shall, before 7:00 am on any day from Monday to Saturday, or before 8:00 am on any Sunday or Statutory Holiday and after 10:00pm on any day, operate a garbage truck which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of Persons in the vicinity. Power Tools and Model Airplanes 6.9 No Person shall, before 8:00 am and after 10:00 pm on any day, use or operate any power gardening tool or other power tool or machine or any model airplane, boat or car powered by an internal combustion, turbine or rocket engine. Public Address Systems 6.10 Except for sports announcements at the grounds where such sports are being played, no Person shall operate any outdoor public address system at any time from any vehicle, Real Property, place or premises without the permission of the Bylaw Enforcement/Legislative Services Manager. Commercial or Industrial Operations – Noise 6.11 Every owner or operator of an industrial or commercial business which generates a Continuous Noise of a level that disturbs the occupants of the neighbourhood or Persons in the vicinity shall, at the request of the City, supply the City with: a. a report prepared by an Independent Sound Consultant recommending methods to abate the Noise; and b. a letter of certification sealed by the Independent Sound Consultant that the methods approved by the Bylaw Enforcement/Legislative Services Manager for the abatement of Noise have been fully implemented. Motor Vehicle Noise 6.12 The following Noises are, in the opinion of the Council of the City of Campbell River, unnecessary, objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public: a. the squeal of a tire on a Road Surface made by a motor vehicle which is accelerating, stopping or changing direction;

10 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 68 of 147 b. a loud, roaring or explosive sound emitted by a motor vehicle; c. The amplified sound of a radio or other sound playback device or amplification equipment, or the sound of a musical instrument, that emanates from a motor vehicle and can easily be heard by someone outside the motor vehicle; d. the sound of the diesel engine of a bus, truck or other vehicle which has been idling or otherwise running continuously for more than five minutes at the same location, except that this clause shall not apply where the bus is located within a garage or depot intended for its long-term parking; e. the sound of an automobile security system which is made, either continuously or intermittently, for a period exceeding five (5) minutes or the sound of an automobile security system, but not including its activation status signal, which is made more than three (3) times in a 24-hour period; f. the sound of a horn or other warning device on a motor vehicle used for any purpose other than as an audible warning incidental to the safe operation of the motor vehicle; g. the sound of a brake or other type of engine brake on a motor vehicle used or operated for any purpose other than as an emergency braking device incidental to the safe operation of the motor vehicle. h. the sound of a vehicle for which the muffler has been cut out, disconnected, modified by the removal of baffle or other part or which has been opened or widened creating a greater noise than is standard. 6.13 No person shall make or cause or permit to be made or caused, any objectionable, unnecessary or disturbing Noise set forth in Section 6.12 or operate a motor vehicle so as to cause any objectionable, unnecessary or disturbing Noise set forth in Section 6.12 contrary to Division 7A of the Motor Vehicle Act Regulations, B.C. Reg. 26/58.

PART 7: Property Maintenance

Graffiti 7.0 No person shall place Graffiti, or cause Graffiti to be placed, on any wall, fence or other structure or thing in any Highway or Other Public Place. 7.1 No Person shall place Graffiti, or cause Graffiti to be placed, on any wall, fence, building or structure that is located on Real Property and adjacent to a Highway or Other Public Place. 7.2 Every owner of Real Property shall remove Graffiti that is located on the Real Property adjacent to a Highway or Other Public Place within five (5) working days of the placement of the Graffiti. 7.3 a. Every Utility Company shall remove Graffiti that is located on any Utility Company structure that is situated on any Highway or Other Public Place within five (5) wording days after receiving notification of the Graffiti from the City. b. A Utility Company is exempt from the requirement in Section 7.3(a) if the Utility Company has entered into an agreement with the City regarding the removal of Graffiti from the Utility Company structures.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 11

Page 69 of 147 Boulevard Maintenance 7.4 Every owner of Occupier of Real Property shall maintain in a clean, tidy and well-kept condition every Boulevard fronting on the Real Property and, without limiting the generality of the foregoing, shall: a. remove accumulations of filth, rubbish, Discarded Materials, hazardous objects and other materials which obstruct a Drainage Facility; b. keep grassed areas trimmed and free of Noxious Weeds; c. keep landscaping trimmed so that driveway and intersection vision clearances are unobstructed; d. keep landscaping from encroaching over paved Roadways or gravel shoulders; Except that where the Real Property is a through lot abutting both an Arterial Road and an internal street that runs approximately parallel to the Arterial Road, the owner or Occupier need not maintain the Boulevard fronting the Arterial Road unless the front of the house faces such Arterial Road. Sidewalks and Pedestrian Facilities 7.5 Every owner or Occupier of Real Property shall: a. remove rubbish from every Pedestrian Facility bordering the Real Property; b. keep landscaping from encroaching over a sidewalk, from ground level to a height of 2.4 metres. 7.6 No person shall: a. willfully injure or damage any Boulevard or any tree, shrub, plant, bush or hedge on any Boulevard; b. erect any sign, fence, wall or other structure on any Boulevard, except with written permission of the City; c. apply a Pesticide or Herbicide to any Boulevard; or d. dispose of any vegetation cuttings, rubbish, Discarded Materials or any liquid or solid waste on any Boulevard or in any Drainage Facility. Fences 7.7 a. In any zone, where an Owner or Occupier of property adjacent to a Highway has erected a fence adjacent to that Highway, the Owner or Occupier shall not allow that fence to fall into a state of disrepair. b. An Owner or occupier of Real Property whose fence erected adjacent to a Highway has fallen into a state of disrepair shall repair it forthwith upon receipt of notice given pursuant to this Bylaw.

12 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 70 of 147 c. In every zone where the keeping of livestock is permitted, every Owner or Occupier of Real Property abutting upon any Highway shall forthwith, upon receipt of notice given pursuant to this Bylaw, erect fences along the boundary of that property abutting on the Highway for the purpose of preventing livestock from straying upon said Highway. Intersection Vision Clearance 7.8 No person who owns or occupies Real Property located at any intersection, shall place or permit to be placed or grow a tree, shrub, plant, fence or other structure with horizontal dimension exceeding 0.46 metres (1.5 feet) within the triangular area formed by two intersecting lot lines and the line joining the points on such lot lines 2.4 metres (7.87 feet) from the point of intersection, between an elevation such that an eye 1.0 to 2.4 metres (3.28 feet to 7.87 feet) above the surface elevation of one road, cannot see an object 1.0 to 2.4 metres (3.28 feet to 7.87 feet) above the surface of the other road. Street Signs 7.9 No person shall remove, deface or damage any street name sign or any other sign or marker erected upon any highway by or at the direction of the City. Hazardous Trees and Shrubs 7.10 a. If in the opinion of the City, any trees, hedges, bushes, or shrubs growing or standing on any Real Property are: (i) a hazard to the safety of persons on any Highway or Other Public Place; (ii) likely to damage public property, or (iii) seriously inconveniencing persons on any Highway or Other Public Place the City may order the owners or occupiers of the Real Property on which they grow or stand to trim, remove or cut down such trees, hedges, bushes or shrubs. b. If the person so ordered does not take the required action referred to in Section 7.10(a), the City may proceed pursuant to Sections 7.20 to 7.22 of this Part. House Numbering 7.11 a. All owners and Occupiers of buildings shall display in a conspicuous place on the Real Property on which the building is located, the street number assigned by the City to such building so that the same is of contrasting colour to its background and readable from the Highway. b. Notwithstanding Section 7.11(a), for Real Property having City Lane access, all owners and occupiers of buildings shall display in a conspicuous place on the Real Property on which the building is located, the street number assigned by the City to such building so that the same is of contrasting colour to its background and readable from the Lane. Pigeons 7.12 No person other than the owner thereof shall feed pigeons on or about private property an no person shall keep pigeons so that the pigeons congregate in such numbers so as to constitute a nuisance or disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 13

Page 71 of 147 Demolition Sites 7.13 On any property where the demolition of any building or structure has taken place; a. all debris and material whether to be discarded or retained shall be removed forthwith; b. any basement or other excavation shall be filled in or covered over to lot grade level forthwith, upon receipt of notice served pursuant to the Bylaw. Unsightly Premises 7.14 No owner of Real Property shall permit the Real Property to become or remain unsightly or permit water, rubbish, Discarded Materials or noxious, offensive, or unwholesome matter to collect or accumulate around that Real Property. 7.15 Every owner of Real Property shall: a. keep the Real Property clear of Noxious Weeds and unsightly and unkempt brush, trees, or other growths; b. keep ground cover vegetation from exceeding 30 cm in height; and c. prevent infestation by caterpillars and other noxious or destructive insects and clear the Real Property of such insects. 7.16 Every owner of Real Property shall remove or cause to be removed from the property any unsightly accumulations of filth, Discarded Materials, brush, trees, vines, Noxious Weeds or other growths, of any kind on a regular basis, or when ordered to do so by the City. 7.17 Every owner of Real Property shall maintain the general appearance and repair of the Real Property to the standards of other similar properties in the neighbourhood. Rental Premises 7.18 Every owner of Residential Premises or Residential Property subject to a Tenancy Agreement shall: a. maintain the physical condition and structural repair of the Residential Premises or Residential Property to the health, life safety and fire protection standards of the British Columbia Building Code and the City of Campbell River Fire Prevention Bylaw; and b. maintain the general appearance and repair of the Real Property to the standards of other similar properties in the neighbourhood. Vacant Premises 7.19 No owner of Real Property shall cause or create a nuisance, or permit a nuisance to be caused or created by allowing a vacant building on the Real Property to fall into such a state of disrepair that it becomes unsightly or creates a hazard, danger, nuisance or inconvenience to the general public. Default and Remedial Action Notices 7.20 Where an owner of Real Property or other responsible Person fails to comply with the requirements of this Part, Council may make a declaration requiring that the owner or

14 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 72 of 147 other responsible Person bring the Real Property into compliance with the provisions of this Part within a specified time frame. A Bylaw Enforcement Officer may issue a notice in relation to Council’s declaration. 7.21 If the owner or other responsible Person fails to comply with the notice requirement within the time limit specified in the notice, the City by its workers, or others authorized by Council, may, at all reasonable times and in a reasonable manner, enter the Real Property and affect such compliance at the cost of the defaulting owner or other responsible Person. Such cost shall consist of all costs and expenses incurred by the City in affecting compliance with this Part including, without limitation, administrative costs, costs of attendance at the property by City employees or its contractors and the costs of removal, clean up and disposal. 7.22 If an owner or other responsible Person defaults in paying the cost referred to in Section 7.21 to the City within 30 days of a demand for payment from the City, the City may recover from the owner or other responsible Person, in any court of competent jurisdiction, the cost as a debt due to the City. If an owner has not paid the debt by December 31 in the year in which the debt was incurred, the City may direct that the amount of the cost be added to the Real Property tax roll as a charge imposed in respect of work or service provided to the Real Property of the owner. Reconsideration 7.23 An Owner or other responsible Person who has been issued a notice pursuant to Sections 7.20 and 7.21 of this Part may make representations to Council to have the decision reconsidered by applying in writing for such reconsideration within 14 days of receipt of the notice, or lesser time if specified in the notice.

PART 8: Enforcement and Penalty

Right of Entry 8.0 A Bylaw Enforcement Officer may, at all reasonable times, enter upon any Real Property in the City in order to ascertain whether the regulations contained within this Bylaw are being complied with. Enforcement 8.1 The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer. Offences and Penalties 8.2 Any person who contravenes, violates or fails to comply with any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or violation of this Bylaw, or who fails to do anything required by this Bylaw, commits an offence and shall be liable upon conviction to a fine of not more than ten thousand dollars ($10,000.00) and not less than seventy-five dollars ($75.00) and the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter, British Columbia, or the Offence Act, British Columbia, as amended from time to time. Each violation against the Bylaw shall be deemed to be a separate and distinct offence, and where the offence is a continuing one, each day that the offence is continued constitutes a separate offence.

City of Campbell River | Public Nuisance Bylaw No 3543, 2014 15

Page 73 of 147 PART 9: Severability

9.0 If any section, subsection, paragraph, clause, phrase or word within this Bylaw is for any reason held to be invalid by the decision of a court or competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.

PART 10: Repeal

10.0 Public Nuisance Bylaw No. 3310, 2007 as amended, is hereby repealed.

READ THE FIRST TIME this 4th day of March, 2014 READ THE SECOND TIME this 4th day of March, 2014 READ THE THIRD TIME this 7th day of October, 2014 ADOPTED this day of 2014 Signed by the Mayor and City Clerk this day of 2014

MAYOR

CITY CLERK

16 City of Campbell River | Public Nuisance Bylaw No 3543, 2014

Page 74 of 147

Page 75 of 147

Water Regulations Amendment Bylaw 3562, 2014

ADOPTED ,2014

PURPOSE

This bylaw sets out to amend the Water Regulations Bylaw No. 3216, 2006

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 1 of 8

Page 76 of 147 The Council of the City of Campbell River enacts as follows:

PART 1: Title

1.0 This bylaw may be cited for all purposes as Water Regulations Amendment Bylaw No. 3562, 2014.

PART 2: Amendments

2.0 Water Regulations Bylaw No. 3216, 2006 is hereby amended by: a. Replacing General Manager of Financial Services with General Manager of Corporate Services throughout the bylaw. b. Adding the following definitions under Section 2 Definitions:

All Weather includes a golf course, baseball field, soccer field, or grass Playing Field tennis court. Animal Care means a facility which is used to house or contain animals, Facility which is owner, operated or maintained by a licensed veterinarian. Automated means any irrigation system that has permanently installed Irrigation sprinkler heads and distribution pipes. System Community means a single piece of land used collectively by a group of Garden people through allotments or shared plots for the production of produce. Food And means an establishment with a licence under the City’s Beverage Business Licence Bylaw No. 3296, 2007, where food or liquor is Establishment prepared for consumption on the premises or as part of a take-out food service. Gray Water means wastewater generated by the discharge from laundry, dishwashers, and kitchen sinks recycled for the purpose of landscape irrigation. Health And means federal or provincial enactments that require a use of Safety water that violates a water use restriction in Schedule “A” to Regulations this Bylaw. Kennel means a business establishment in which dogs or domestic animals are housed, groomed, bred, boarded, trained or sold.

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 2 of 8

Page 77 of 147 Non-Residential means use other than Residential Use. Use Nursery means the use of land for the display and sale of flowers, fruits, vegetables, plants, shrubs, or trees. Recycled Water means wastewater that is treated to remove solids and impurities, and used in sustainable landscaping irrigation. Residential Use means outdoor use at a person’s domicile. Sprinkler means any hose connected sprinkler system c. Deleting Section 61, 62, 63, 64, 65, 66 and 67 and replacing with the following: 61. When an outdoor water use restriction is in effect, no customer shall use or permit the use of water supplied through the Waterworks contrary to the provisions of this Bylaw in effect at the time of use. 62.(a) The City Manager may at any time declare an outdoor water use restriction. (b) When declaring an outdoor water use restriction, the City Manager may declare a stage 1, 2, or 3 restriction. The applicable restrictions for each stage shall be those stated in Schedule “A” to this Bylaw. (c) The City Manager may at any time terminate an outdoor water use restriction or bring into effect a different stage of restriction. A stage will remain in effect until the City Manager terminates the stage or declares the commencement of another stage. (d) If the City Manager has not declared an outdoor water use restriction by May 1 of any year, stage 1 restrictions come into force and take effect on that date without prior declaration or public announcement. (e) The City Manager shall make a determination to declare or terminate an outdoor water restriction under sub-sections (a), (b), and (c), base on: (i) the current and anticipated supply of water available for use through the Waterworks; (ii) current and anticipated water use in the City; (iii) the need to reduce peak demands on the Waterworks; and (iv) operational factors which limit the City’s ability to supply water. (f) After making a determination to declare or terminate a stage of outdoor water use restrictions under sections (a), (b), or (c), the City Manager shall cause a notice to be published (“Notice”) by one or more of the following methods: (i) City of Campbell River press release; (ii) Publication through: a. City of Campbell River website;

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 3 of 8

Page 78 of 147 b. radio broadcast; c. two local newspapers; or (iii) The placement of signage in the City advising of the restrictions. (g) The commencement or termination date of the stage of outdoor water restriction shall be the date stated in the Notice. (h) Notice shall be deemed to be given and to be served upon all Customers forty eight (48) hours after the Notice is first published or released. 63. Notwithstanding the restrictions contained in Schedule “A” on the watering of lawns, a Customer who has installed a new lawn may apply to the City for a permit allowing the sod or seed to be sprinkled with water outside of permitted days during stage 1 and 2. Permits may only be issued during Stage 1 restrictions. If issued a permit, the person may only water: (a) new sod within 21 days of planting; and (b) new seed within 45 days of planting; and may not water during stage 3. 64.(a) Notwithstanding section 62, in the event of a disaster, emergency, water contamination, severe water shortage, or Waterworks malfunction, the City Manager may impose any stage of water restriction or further restrictions not set out in Schedule “A”, for the use of water for any purpose. (b) The City Manager may exempt Customers performing essential services from any restriction implemented under this section. (c) The City Manager shall provide Notice of restrictions implemented under this section as soon as is reasonably practical. Notice shall be deemed to have occurred upon publication or release in accordance with section 62(f). 65. Watering restrictions under this bylaw do not apply to the use of rainwater, Gray Water, Recycled Water or other sources of water obtained from a source other than the Waterworks. d. Adding Schedule “A” attached to and forming part of this bylaw.

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 4 of 8

Page 79 of 147 READ THE FIRST TIME this 16th day of September, 2014

READ THE SECOND TIME this 16th day of September, 2014

READ THE THIRD TIME this 7th day of October, 2014

ADOPTED this day of 2014

Signed by the Mayor and City Clerk this day of 2014

MAYOR

CITY CLERK

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 5 of 8

Page 80 of 147 SCHEDULE “A”

Stage 1:

1.0 No Customer shall use a Sprinkler or Automated Irrigation System to water any lawn, garden, tree or shrub on a Residential property at any time except 5 a.m. to 9 a.m., and 7 p.m. to 10 p.m.:

a. on Monday, Wednesday and Saturday for even numbered addresses; and b. on Tuesday, Thursday and Sunday for odd numbered addresses.

2.0 No Customer shall use a Sprinkler or Automated Irrigation System to water a lawn, garden, tree or shrub on a Non-Residential property at any time except 1 a.m. to 8 a.m.:

a. on Monday, Wednesday and Friday for even numbered addresses; and b. on Tuesday, Thursday, and Friday for odd numbered addresses.

3.0 Exceptions to Sprinkling Restrictions

a. a Customer who has installed a new lawn may apply to the City for a permit allowing the Customer to use a sprinkler or automated irrigation system outside of the permitted days in accordance with section 63 of this Bylaw. b. a Customer may test an Automated Irrigation System outside the permitted hours. c. a Customer may use a Sprinkler or Automated Irrigation System to water an All Weather Playing Field outside of the permitted hours if failure to do so would result in permanent loss of plant material. d. a Customer may use a Sprinkler or Automated Irrigation System outside of the permitted hours at a Nursery or garden centre to water plants grown for the purpose of commercial sale, at a farm, or at a Community Garden. e. a Customer may use a hand watering and/or spring loaded type nozzles with automatic shut off connected to a hose outside the permitted hours to water gardens, trees and shrubs. Stage 2: 1.0 No customer shall use a Sprinkler or Automated Irrigation System to water a lawn, garden, tree or shrub on a Residential property at any time except 5 a.m. to 9 a.m. and 7 p.m. to 10 p.m.: a. on Monday for even numbered addresses; and b. on Thursday for odd numbered addresses.

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 6 of 8

Page 81 of 147 Schedule “A” Continued

2.0 No Customer shall use a Sprinkler or Automated Irrigation System to water a lawn, garden, tree or shrub on a Non-Residential property at any time except 1 a.m. to 5 a.m.: a. on Wednesday for even numbered addresses; and b. on Tuesday for odd numbered addresses. 3.0 Exceptions to Sprinkling Restrictions a. a Customer who has applied for and received a permit under section 63 of this Bylaw during or before the imposition of Stage 1 restrictions may use a Sprinkler or Automated Irrigation System in accordance with the restrictions in section 64. b. a Customer may use a Sprinkler or Automated Irrigation System to water an All Weather Playing Field outside the permitted hours, if failure to do so would result in permanent loss of plant material. c. (c) a Customer may use a Sprinkler or Automated Irrigation System outside of the permitted hours at a Nursery or garden centre to water plants grown for the purpose of commercial sale, at a farm, or at a Community Garden. d. a Customer may use a hand watering and/or spring loaded type nozzles with automatic shut off connected to a hose outside the permitted hours to water gardens, trees and shrubs. Other Restrictions 4.0 No Customer shall use water to wash any outdoor surface, including any sidewalk, walkway, driveway, or exterior building surface, through the use of a pressure washer or other mechanical device, unless: a. the use occurs at a Food and Beverage Establishment, Kennel, or Animal Care Facility, and is required by Health and Safety Regulations; or b. the water is used by the City to clean streets or bridges. 5.0 No Customer other than a person operating a window cleaning business licensed under the City’s Business Licence Bylaw No. 3296, 2007 shall use water to wash the exterior windows of any building or structure. 6.0 No Customer shall use water to wash a vehicle outdoors, unless the Customer is required to do so by Health and Safety Regulations and the Customer uses a hose with a spring-loaded nozzle and an automatic shut-off. 7.0 No Customer may use water to fill a fountain or other decorative feature. Stage 3: 1.0 No customer shall use a Sprinkler or Automated Irrigation System to water a lawn, garden, tree or shrub on a Residential property at any time

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 7 of 8

Page 82 of 147 Schedule “A” Continued

2.0 Exceptions a. A Customer may use a Sprinkler or Automated Irrigation System to water an All Weather Playing Field outside of the permitted hours, if failure to do so would result in permanent loss of plant material. b. A Customer may use a Sprinkler or Automated Irrigation System outside of the permitted hours at a Nursery or garden centre to water plants grown for the purpose of commercial sale, at a farm, or at a Community Garden. c. A Customer may use a hand watering and/or spring loaded type nozzles with automatic shut off connected to a hose to water gardens, trees and shrubs. 3.0 No Customer shall Hand Water any lawn. 4.0 No Customer shall use water to wash any outdoor surface, including any sidewalk, walkway, driveway, or exterior building surface, through the use of a pressure washer or other mechanical device, unless: a. the use occurs at a Food and Beverage Establishment, Kennel, or Animal Care Facility, and is required by Health and Safety Regulations; or b. the water is used by the City to clean streets or bridges. 5.0 No Customer other than a person operating a window cleaning business licensed under the City’s Business Licence Bylaw No. 3296, 2007 shall use water to wash the exterior windows of any building or structure. 6.0 No Customer shall use water to wash a vehicle outdoors, unless the customer is required to do so by Health and Safety Regulations and the Customer uses a hose with a spring-loaded nozzle and an automatic shut-off. 7.0 No Customer shall use water to fill a fountain or other decorative feature. 8.0 No Customer shall use water to apply any grass spray, hydro seeding, pesticide or fertilizer on any lawn, garden, tree or shrub. 9.0 No Customer shall use water to fill any hot tub, spa, swimming pool, or wading pool.

City of Campbell River | Water Regulations Amendment Bylaw No. 3562, 2014

Page 8 of 8

Page 83 of 147

REPORT TO COUNCIL

TO: A. Laidlaw, City Manager FROM: P. F. Wipper, City Clerk PREPARED BY: P. F. Wipper, City Clerk DATE: October 15, 2014 SUBJECT: Ticketing for Bylaw Offences Amendment Bylaw No. 3571, 2014

Recommendation:

THAT Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 be given first and second reading.

Background:

City’s Ticketing for Bylaw Offences Bylaw No. 3322, 2007 provides the authority for municipal ticket information fines to be issued for all the City’s regulatory bylaws. The bylaw is updated from time to time as regulations are amended or introduced.

Council recently gave first and second Reading to Environmental Protection Bylaw No. 3572, 2014, and has given first three readings to Public Nuisance Bylaw No. 3543, 2014 and Water Regulations Bylaw Amendment Bylaw No. 3562, 2014.

The Ticketing Bylaw will need to be amended so that appropriate enforcement action can be taken with respect to the new regulations contained in these three bylaws.

Discussion:

Schedule 1 of the Ticketing Bylaw is amended to include the Schedule for the new Environmental Protection Bylaw, and to bring up to date the titles of designated bylaw enforcement officers for the Water Regulations Bylaw.

Schedule 15 is amended to reflect the regulations contained in the revised Public Nuisance Bylaw.

Schedule 27 is amended to reflect the changes brought about by Water Regulations Amendment Bylaw.

Schedule 10 is inserted to reflect the new regulations contained in Environmental Protection Bylaw.

Respectfully submitted,

Peter F. Wipper City Clerk

Attachments: 1. Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

g:\legislative services\reports to council\2014\ticketing bylaw amendments oct 2014.doc Page 1 of 1 Page 84 of 147

Ticketing for Bylaw Offences Bylaw Amendment

Bylaw No. 3571, 2014

ADOPTED ,2014

PURPOSE

This bylaw sets out to amend the Ticketing for Bylaw Offences Bylaw No. 3322, 2007.

City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 1

Page 85 of 147 The Council of the City of Campbell River enacts as follows:

PART 1: Title

1.0 This bylaw may be cited for all purposes as Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014.

PART 2: Amendments

2.0 Ticketing for Bylaw Offences Bylaw No. 3322, 2014 is hereby amended by:

a. Deleting Schedule 1 in its entirety and replacing with Schedule 1 attached hereto and forming part of this bylaw. b. Deleting Schedule 15 in its entirety and replacing with Schedule 15 attached hereto and forming part of this bylaw. c. Deleting Schedule 27 in its entirety and replacing with Schedule 27 attached hereto and forming part of this bylaw. d. Adding a new Schedule 10 attached hereto and forming part of this bylaw and renumbering the remaining Schedules accordingly.

READ THE FIRST TIME this day of 20

READ THE SECOND TIME this day of 20

READ THE THIRD TIME this day of 20

ADOPTED this day of 20

Signed by the Mayor and City Clerk this day of 20

MAYOR

CITY CLERK

2 City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

Page 86 of 147 S C H E D U L E 1

Schedule Designated Bylaws Designated Bylaw Enforcement Officers 2 Animal Control Bylaw No. 3520, 2013 Animal Control Officer RCMP Officer Bylaw Enforcement Officer 3 Blasting Regulation Bylaw No. 1874, 1990 RCMP Officer Bylaw Enforcement Officer 4 Building Bylaw No. 3060, 2003 Building Inspector Bylaw Enforcement Officer 5 Business License Bylaw No. 3296, 2007 Business License Inspector Bylaw Enforcement Officer RCMP Officer 6 Campbell River Grow Operation, Health, RCMP Officer Nuisance and Safety Bylaw No. 3154, 2005 Bylaw Enforcement Officer 7 Chauffeur’s Licensing Bylaw No. 2742, 1999 RCMP Officer Bylaw Enforcement Officer 8 Clean Air Bylaw No. 3293, 2007 Fire Chief Deputy Fire Chief Assistant Fire Chief Fire Inspector Bylaw Enforcement Officer RCMP Officer 9 Commercial Vehicle Licensing Bylaw No. Bylaw Enforcement Officer 2886, 2001 RCMP Officer 10 Environmental Protection Bylaw No. 3551, Building Inspector 2014 Bylaw Enforcement Officer Environmental Coordinator Planner Transportation Manager Transportation Specialist Roads & Drainage Supervisor General Manager Operations RCMP Officer Fire Chief 11 Fetal Alcohol Syndrome Warning Sign Bylaw Bylaw Enforcement Officer No. 2056, 1992 RCMP Officer 12 Fire Services Bylaw No. 2612, 1997 Fire Chief Deputy Fire Chief Assistant Fire Chief Fire Inspector Bylaw Enforcement Officer RCMP Officer City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 3

Page 87 of 147 S C H E D U L E 1 C o n ’ t

Schedule Designated Bylaws Designated Bylaw Enforcement Officers 13 Firearms Regulation Bylaw No. 2279, 1994 Bylaw Enforcement Officer RCMP Officer 14 Fireworks Regulation Bylaw No. 3297, 2007 Fire Chief Deputy Fire Chief Assistant Fire Chief Fire Inspector Bylaw Enforcement Officer RCMP Officer 15 Parks Control Bylaw No. 2498, 1996 GM Parks, Recreation & Culture Bylaw Enforcement Officer RCMP Officer Animal Control Officer 16 Public Nuisances Bylaw No. 3543, 2014 RCMP Officer Bylaw Enforcement Officer Building Inspector 17 Public Boat Launch Regulation Bylaw RCMP Officer No. 736, 1976 Bylaw Enforcement Officer 18 Recycling and Garbage Regulations Bylaw GM Operations No. 3509, 2013 Bylaw Enforcement Officer 19 Sanitary Sewer System Connections Bylaw Bylaw Enforcement Officer No. 1507, 1985 GM Operations Building Inspector Utilities Manager 20 Sanitary Sewer Source Control Bylaw GM Operations No 2594, 1997 Building Inspector Bylaw Enforcement Officer 21 Secondhand Dealers and Pawnbrokers Bylaw RCMP Officer No. 2954, 2002 Bylaw Enforcement Officer Business Licence Inspector 22 Campbell River Sign Bylaw No. 3309, 2007 Building Inspector Bylaw Enforcement Officer 23 Smoking Regulation Bylaw No. 2206, 1994 Bylaw Enforcement Officer RCMP Officer 24 Soil Removal & Deposition Bylaw No. 1802, Building Inspector 1989 Bylaw Enforcement Officer City Engineer 25 Storm Drain System Connections Bylaw No. Bylaw Enforcement Officer 2926, 2001 RCMP Officer

4 City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

Page 88 of 147 SCHEDULE 1 C o n ’ t

Schedule Designated Bylaws Designated Bylaw Enforcement Officers 26 Street Entertainers Regulation Bylaw No. Bylaw Enforcement Officer 3515, 2013 R.C.M.P 27 Traffic and Highways Regulation Bylaw No. RCMP Officer 3043, 2003 Bylaw Enforcement Officer Building Inspector Conservation Officer Provincial Wildlife Officer 28 Water Regulations Bylaw No. 3216, 2006 General Manager Operations Bylaw Enforcement Officer Utilities Manager Utilities Supervisor RCMP Officer 29 Zoning Bylaw No. 3250, 2006 Planning Services Manager Building Inspector Bylaw Enforcement Officer RCMP Officer

City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 5

Page 89 of 147 SCHEDULE 15 Public Nuisance Bylaw N o . 3 5 4 3 , 2 0 1 4

Designated Offence Section Penalty ($) Panhandling within 10 metres of a bank, credit union or Trust 4.0(a) 100 Company Panhandling within 10 metres of an Automated teller machine 4.0(b) 100 Panhandling within 10 metres of a bus stop 4.0(c) 100 Panhandling within 10 metres of a bus shelter 4.0(d) 100 Panhandling within 10 metres of the entrance to any liquor 4.0(e) 100 store Panhandling from an occupant of a motor vehicle that is 4.1(a) 100 parked Panhandling from an occupant of a motor vehicle that is 4.1(b) 100 stopped at a traffic control signal Panhandling from an occupant of a motor vehicle that is in the 4.1(c) 100 process of loading or unloading Panhandling after sunset 4.2 100 Panhandling while sitting or lying down 4.3 100 Panhandling from a person who has made a negative response 4.4 100 Urinate or defecate on a highway or other public place 4.5(a) 200 Impede or obstruct person on a highway or other public place 4.5(b) 100 Stand or congregate on a highway or other public place to 4.5(c) 100 impede or obstruct free movement of persons or vehicles Camp on a highway or other public place 4.5(d) 100 Sleep in any vehicle located on a highway or other public place 4.5(e) 100 Use of profanity or indecent, obscene, blasphemous or grossly 4.5(f) 200 insulting language on or about a highway or public place Obscene, lewd or indecent activity on a highway or other 4.5(g) 200 public place Delivering circulars, pamphlets, handbills, or papers other than 5.0 75 within a receptacle provided by the owners or occupiers of the real property or building

Deposit or throw discarded materials 5.1 200 Noise which disturbs on a highway or other public place or 6.3 250 private place

6 City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

Page 90 of 147 S C H E D U L E 1 5 C o n ’ t Public Nuisance Bylaw No. 3 5 4 3 , 2 0 1 4

Designated Offence Section Penalty ($) Noise which disturbs allowed or permitted by owner or 6.4 250 occupier of real property Radio/stereophonic equipment/ instrument/ apparatus which 6.5 250 disturbs Animal/bird noise which disturbs 6.6 200 Construction or demolition noise outside of acceptable hours 6.7 250 Operate a garbage truck which disturbs, outside of permitted 6.8 250 hours Operate power tools, machines or any models powered by 6.9 250 internal combustion, turbine or rocket engine outside acceptable hours Operate public address system without permission 6.10 250 Commercial or industrial operation contravening requirements 6.11 250 regarding continuous noise

Objectionable, unnecessary or disturbing noise emanating from 6.13 250 a motor vehicle Placing graffiti on highway or other public place 7.0 500 Placing graffiti on real property adjacent to highway or other 7.1 500 public place Owner of real property failing to remove graffiti 7.2 250 Utility company failing to remove graffiti 7.3(a) 250 Unkempt boulevard fronting on real property 7.4(a-d) 75 Failure to remove rubbish from pedestrian facility 7.5(a) 75 Landscaping encroaching over sidewalk 7.5(b) 75 Damage boulevard/tree/shrub 7.6(a) 200 Erecting a sign, fence, wall or structure on boulevard without 7.6(b) 150 City permission Applying a pesticide or herbicide to boulevard 7.6(c) 75 Disposing of vegetation, clippings, rubbish or liquid or solid 7.6(d) 150 waste on boulevard or in drainage facility Fence adjacent to highway in disrepair 7.7(a) 75

City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 7

Page 91 of 147 S C H E D U L E 1 5 C o n ’ t Public Nuisance Bylaw No. 3 5 4 3 , 2 0 1 4

Designated Offence Section Penalty ($) Failure to repair fence adjacent to highway when required by 7.7(b) 75 City Failure to erect or maintain a fence on real property to keep 7.7(c) 75 livestock from straying upon an adjacent highway Failure to maintain vision clearance at intersection 7.8 150 Street Sign vandalized 7.9 200 Not displaying house number readable from highway 7.11(a) 75 Not displaying house number readable from lane 7.11(b) 75 Feed or keep pigeons that create a nuisance 7.12 75 Debris/material not removed after demolition 7.13(a) 200 Failure to cover basement or excavation when required 7.13(b) 200 Unsightly property or permit accumulations of water, rubbish, 7.14 200 Discarded Materials, noxious, offence or unwholesome matter Failure to keep property clear of unsightly, noxious vegetation 7.15(a) 150 Ground cover vegetation exceeds 30 cm 7.15(b) 150 Failure to prevent infestation of destructive insects on real 7.15(c) 150 property Failure to remove unsightly discarded materials or rubbish 7.16 150 from Real Property when required by City Failure to maintain or repair Real Property to neighbourhood 7.17 150 standards Failure to maintain physical condition of rental property to the 7.18(a) 250 BC Building Code and City of Campbell River Fire Prevention Bylaw Failure to maintain the appearance and repair of a rental 7.18(b) 150 property to neighbourhood standards Unsightly or hazardous vacant building on Real Property 7.19 250

8 City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

Page 92 of 147 SCHEDULE 27 Water Regulations Bylaw N o . 3 2 1 6 , 2 0 0 6

Designated Offence Section Penalty ($) Unauthorized alteration of the flow of water in the water 4 100 system Failure to obtain permit to connect or attach to waterworks 5(a) 100 Failure to obtain permit for repairs or alterations to service 5(b) 100 connection Failure to obtain permit to open or use a fire hydrant 5(c) 100 Failure to install pressure reducing valve 16 100 Failure to install stop cock 18 100 Impede access to waterworks 22 300 Connection resulting in wastewater or any other substance 24 300 entering waterworks Failure to install required backflow preventer 27 300 Failure to have backflow prevention assembly inspected and 35 300 tested Failure to obtain approval to connect auxiliary water system 36 100 Unnecessary or wasteful use of water 37(a) 100 Failure to repair or replace defective pipes or components 37(c) 150 Failure to install water meter 45 150 Failure to install water meter at time of construction/change of 46 100 use of premises or renovation Installation of water meter contrary to requirements 47 100 Failure to install water meter remote readout 49 150 Water use contrary to restrictions 61 75

City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 9

Page 93 of 147 S C H E D U L E 10 Environmental Protection Bylaw N o . 3 5 7 2 , 2 0 1 4

Designated Offence Section Penalty Enclosing a Watercourse without approval 3.0(a) 500.00

Altering a Watercourse or Storm Drainage System without 3.0(b) 500.00 approval

Obstruct or Impede flow of Watercourse or Storm Drainage 3.0(c) 500.00 System without approval

Altering location/quantity Stormwater entering Watercourse or 3.0(d) 500.00 Storm Drainage System without approval

Developing within a Watercourse Buffer Zone without a 3.1(a) 500.00 Development Permit

Developing within 30 metres of a Watercourse without a 3.1(b) 500.00 Development Permit

Developing between 30 metres and 50 metres of a Watercourse 3.1(c) 250.00 without a professional assessment

Failure to submit Qualified Environmental Professional report 3.1(e) 250.00 Failure to comply with Development Permit requirements 3.1(f)(i) 500.00

Failure to submit post Development report 3.1(f)(ii) 250.00 Failure to submit security 3.1(f)(iii) 500.00 Dumping material in a Watercourse Buffer Zone 3.2(a) 250.00

Dumping material within 30 metres of Watercourse 3.2(b) 250.00 Fouling a Watercourse or Storm Drainage System 3.3 500.00 Failure to construct and install an oil and grit interceptor 3.4(a) 500.00

No maintenance schedule for oil and grit interceptor 3.4(b) 200.00 Failing to maintain oil and grit interceptor 3.4(c) 200.00 Failure to provide proof of maintenance of oil and grit 3.4(d) 200.00 interceptor Failure to clean oil and grit interceptor when ordered to do so 3.4(e) 250.00 Removal or other works on a Bald Eagle Nest Tree without 4.01(a) 1000.00 Provincial approval

10 City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014

Page 94 of 147 SCHEDULE 10 C o n ’ t Environmental Protection Bylaw N o . 3 5 7 2 , 2 0 1 4

Designated Offence Section Penalty Removal of a Bald Eagle nest tree without notification to 4.0(b) 500.00 Environmental Protection Official Failure to submit habitat compensation plan 4.1(a)&(b) 250.00 Failure to implement habitat compensation plan 4.2(a) 500.00 Failure to submit post habitat compensation plan report 4.2(b) 250.00 Damaging Bald Eagle Nest Tree roots within Drip Line 4.3(a) 500.00 Placing material or building within Bald Eagle Nest Tree Drip 4.3(b) 500.00 Line Operating heavy equipment within Bald Eagle Nest Tree Drip 4.3(c) 500.00 Line Damaging trunk of a Bald Eagle Nest Tree 4.3(d) 500.00 Depositing harmful substance within Bald Eagle Nest Tree Drip 4.3(e) 500.00 Line Removing soil within Bald Eagle Nest Tree Drip Line 4.3(f) 500.00 Blasting within Bald Eagle Nest Tree Drip Line 4.3(g) 500.00 Undermining roots or changing water levels within Bald Eagle 4.3(h) 500.00 Nest Tree Drip Line Developing within 60 metres of a Bald Eagle Nest Tree without 4.4(a) 500.00 a Development Permit Failure to implement Bald Eagle Nest Tree Development 4.4(b)(i) 500.00 Permit requirements Failure to submit Bald Eagle Nest Tree post Development 4.4(b)(ii) 250.00 report Failure to comply with order to suspend Development or 7.1(a) 500.00 activity when required by an Environmental Protection Official Failure to mitigate damages as required by an Environmental 7.1(b) 500.00 Protection Official

City of Campbell River | Ticketing for Bylaw Offences Bylaw Amendment Bylaw No. 3571, 2014 11

Page 95 of 147

PERMISSIVE EXEMPTION FROM

TAXATION AMENDMENT BYLAW NO. 3567, 2014 (GENERAL)

ADOPTED ,2014

PURPOSE

This bylaw sets out to amend Permissive Exemption from Taxation Amendment Bylaw No. 3254, 2006

City of Campbell River | PERMISSIVE EXEMPTION FROM TAXATION AMENDMENT 1 BYLAW NO. 3567, 2014 (GENERAL) Page 96 of 147 The Council of the City of Campbell River enacts as follows:

PART 1: Title

1.0 This bylaw may be cited for all purposes as Permissive Exemption from Taxation Amendment Bylaw No. 3567, 2014 (General).

PART 2: Amendments

2.0 Permissive Exemption from Taxation Amendment Bylaw No. 3254, 2006 is hereby amended by: a. Adding the following items to Section A: (mm) The approximate 1,922 sq. ft. of Lot 5, Plan 19238, District Lot 69, Sayward District, PID 003-718-913, Roll No. 1453.000 (891 13th Avenue) occupied by the British Columbia Society for the Prevention of Cruelty to Animals shown on the attached Schedule I. (nn) Strata Lot 5, District Lot 218, Comox Land District, Plan VIS3134, PID 018- 673-082, Roll No. 05002.268 (Unit 8 – 142 Larwood Road) Willow Point Supportive Living Society. (oo) Lot 16, District Lot 69, Sayward Land District, Plan VIS2084, PID 017-643- 953, Roll No. 01226.040 (101 – 300 St. Ann’s Road) owned by Opportunities Career Services Society. b. Deleting Section B (h) in its entirety and replacing with the following: (h) The approximate 1,916 sq. ft. of Lot 5, Plan 19238, District Lot 69, Sayward District, PID 003-718-913, Roll No. 1453.000 (891 13th Avenue) owned by the Association Francophone De Campbell River as shown on the attached Schedule I. c. Adding the following items to Section C: (u) Lot 1, District Lot 87, Sayward Land District, Plan 27013, PID 002-526-565, Roll No. 08736.001 (McIvor Lake Park) owned by the City of Campbell River leased by The Campbell River Eagles Waterski Club. (v) Lot A, Plan 24419, District Lot 69 & 73, Sayward Land District, P.I.D. 003- 033-198, (900 Alder Street) Roll #3695.004 owned by the City of Campbell River and leased to Volunteer Campbell River as shown shaded on the attached Schedule “A” d. By deleting Schedules A-1, A-2, A-3 and A-4 and replacing with Schedule ‘A’ attached to and forming part of this bylaw.

City of Campbell River | PERMISSIVE EXEMPTION FROM TAXATION AMENDMENT 2 BYLAW NO. 3567, 2014 (GENERAL) Page 97 of 147

READ THE FIRST TIME this 16th day of September, 2014

READ THE SECOND TIME this 16th day of September, 2014

A Public Notice was advertised in two issues of the Campbell River Mirror and Courier Islander newspapers on the 19th day of September and the 26th day of September, 2014.

READ THE THIRD TIME this 7th day of October, 2014

ADOPTED this day of 2014

Signed by the Mayor and City Clerk this day of 2014

MAYOR

CITY CLERK

City of Campbell River | PERMISSIVE EXEMPTION FROM TAXATION AMENDMENT 3 BYLAW NO. 3567, 2014 (GENERAL) Page 98 of 147

SCHEDULE “A”

Page 99 of 147 SCHEDULE “I”

891 13th Avenue Association Francophone de Campbell River and BCSPCA

Page 100 of 147

Report To Council

TO: Mayor & Council FROM: R. Neufeld, Deputy City Manager/General Manager Operations AUTHOR: K. Wilker, Planner DATE: October 10, 2014 SUBJECT: DVP 14-021 - Development Variance Permit for 2424 Galerno Road

Recommendation: THAT Council reconsiders its decision to issue a Development Variance Permit for a 2.12m rear yard setback at 2424 Galerno Road (resolution #14-0387), and;

THAT Council approves Development Variance Permit DVP-14-021 at 2424 Galerno Road as attached to this staff report, subject to the registration of a subdivision and creation of a legal title for the proposed parcel to which this variance will apply.

Reason for Reconsideration Council initially considered this application at its regular meeting on Tuesday September 16th, 2014 and resolved to grant a variance (Resolution #14-0387). On Monday September 29th, 2014 it came to light that the 10 day statutory notification to the surrounding neighbours was missed. Legal/Procedural Context The Local Government Act within section 922(6) requires that for consideration of all development variance permits a notice must be sent out to all surrounding neighbours. This notice informs them that Council will be considering the particular variance at a regular meeting to which they are invited to express their support or concerns for the variance in writing prior to the meeting. Since this legal requirement was missed Council must reconsider the request for variance. To reconsider the application, a member of Council who voted on the prevailing side of the resolution must first bring forward a motion to reconsider Council’s decision to issue the Development Variance Permit (DVP 14-021). In this case, all members of Council voted in favour of the DVP so any member could bring forward a motion to reconsider. If the motion to reconsider passes, then the original motion to issue the DVP automatically comes back on the table for debate and consideration. For this particular variance request it is recommended that Council reconsider its decision to ensure that due process is followed. Staff’s recommendation on the application to vary the rear yard setback remains unchanged.

Purpose: The applicant is requesting a variance to the Zoning Bylaw 3250, 2006 to reduce the minimum rear yard setback from 7.0m to 2.12m within a Residential One (R-1) Zone on Proposed Remainder Lot 2 due to the irregular lot shape created within the concurrent subdivision

File No.: DVP 14-021 Page 1 of 12 Page 101 of 147

application (SUB 14-013) as shown below in Figure 1: Proposed Subdivision Configuration and location of Variance.

Figure 1: Proposed Subdivision Configuration and location of Variance

Background:

The property is located along Galerno Road at Alexander Drive, where the prevailing zone designation is Residential One (R-1). The proposed subdivision (being processed as application SUB 14-013) will create four (4) new lots. The configuration of the subdivision produces an irregularly shaped lot surrounding the existing house and brings up issues pertaining to the definition of lot lines, particularly in respect to establishing rear property lines. The Approving Officer was required to make a determination of which property line(s) were to be considered as the rear property lines. Figure 1 above shows which property lines were identified as the rear property lines by the Approving Officer.

During the review of the subdivision application it was determined that a variance was needed for one of the rear lots as the distance between the existing house and the proposed rear lot line did not meet the minimum 7.0m rear yard setback as required within the R-1 zone. The distance is only 2.12m as shown within Figure 2 below.

File No.: DVP 14-021 Page 2 of 12 Page 102 of 147

For subdivision approval the lot must be brought into conformity with the R-1 zone requirements or a variance must be approved. This application is requesting a variance of 4.88m to accommodate the existing house within the proposed subdivision. Although this variance is significant in size, given the irregular configuration of the new lot, the siting of existing house and current use of the yard area in the open space towards the west rear lot line as the ‘back yard’, the highlighted portion shown below in Figure 2 will function more like a side yard.

Figure 2: Determination of Rear Property Line

The applicant’s statement of intent is as follows: The purpose of this application is to consider the proposed property line, highlighted in bold, as a side yard rather than the rear yard thus having the existing house be conforming to the current Zoning Bylaw setback. The preference is to maintain a straight line in the property boundary for the newly created lots. The benefit of this method is that the proposed lot configuration maintains a suitable building envelope for the proposed houses and maintains the uniform lot configuration that is consistent with the surrounding neighbourhood.

IMPACT OF THE PROPOSED VARIANCE Neighbouring Properties The impact of the requested variance will be primarily on the proposed lot directly to the south, Proposed Lot 3 as the existing house will be close to the proposed shared property line (as shown in Figure 2: Determination of Rear Property Line). The impact for Proposed Lot 3 can be mitigated with screening fencing or landscaping material. The two residences (the existing and

File No.: DVP 14-021 Page 3 of 12 Page 103 of 147

future) will be at least 9.12m apart, an acceptable fire separation amount but with impacts on the outdoor space for each proposed lot.

CONSISTENCY WITH ZONING BYLAW 3250, 2006: The proposal complies with relevant zoning requirements as shown below: Figure 3: Zoning Bylaw comparisons Zoning Bylaw 3250, 2006 Sec 5.24 Required Proposed Residential One (R-1) Front yard Setback 4.5 m 7.39 Side yard Setback 1.5 m 5.96 m at the closest side Rear yard Setback (south side) 7.0 m 2.12 (Variance Required) Rear yard Setback (west side) 7.0m 8.67m Minimum Lot area 450m2 0.10ha

CONSISTENCY WITH OFFICIAL COMMUNITY PLAN (OCP): Consideration of applications to vary the Zoning Bylaw in such circumstances should focus on the consistency of the proposal with achieving the aims of the Official Community Plan (OCP), and the impact on adjoining properties, informed by input from neighbours, where given.

The OCP designation for this area is “Neighbourhood”; the designation which covers a large proportion of the City’s residential areas. The general aims are to maintain existing character while allowing for sensitive infill, particularly along transportation corridors. It is difficult to describe the effect of the relaxation of the rear yard setback as “sensitive.” Standard side yard separations generally create a similar situation as to what is being presented within this application.

The proposed variance would not have a significant adverse impact on neighbouring properties, beyond that which might otherwise occur from a standard side yard setback adjacent to a rear yard of a neighbouring property. The variance will not have a significant impact on the character and appearance of the neighbourhood.

Financial/Operational Considerations: None identified.

Options: 1. Approve the Development Variance Permit DVP 14-021 as presented (recommended); 2. Defer consideration of the Development Variance Permit pending receipt of further information (to be identified by Council); 3. Reject the application as presented.

Staff recommends Option 1 to vary the rear yard setback (south side)from 7.0m to 2.12m within the Residential One (R-1) Zone as the application is generally consistent with the OCP’s

File No.: DVP 14-021 Page 4 of 12 Page 104 of 147

policies, and reconsideration/reapproval will bring the previous Council resolution into compliance with the City’s legal notification requirements.

Communications: The applicant held a neighbourhood public meeting on August 27, 2014 as required by the City’s Procedures Bylaw, and reported that five neighbours attended with no concerns being expressed. A summary of the meeting has been attached to the report.

The City has given written notice to all properties within 100m radius of the site that the DVP application will be considered by Council on October 21, 2014, as required by the Local Government Act and the City’s Planning Procedures Bylaw No. 3266, 2006. Any responses received will be presented to Council.

Conclusion: The proposed variance will not have any significant adverse impacts on neighbouring properties or the character and appearance of the neighbourhood. Approval of Development Variance Permit DVP 14-021 as drafted is recommended.

Report prepared by Report reviewed/endorsed by

Kathleen Wilker MCIP, RPP Amber Zirnhelt, M.Sc., MCIP, RPP Planner Acting Development Services Manager

Report approved by

Ronald G. Neufeld, P.Eng Deputy City Manager/ General Manager of Operations

Attachments: Subject Property Map Site Photos Neighbourhood Public Meeting Notes Development Variance Permit DVP 14-021

File No.: DVP 14-021 Page 5 of 12 Page 105 of 147

SUBJECT PROPERTY MAP

File No.: DVP 14-021 Page 6 of 12 Page 106 of 147

Site Photos

Photo 1: 2424 Galerno Road.

Photo 2: Looking toward rear of 2424 Galerno Rd from Proposed Lot 3.

File No.: DVP 14-021 Page 7 of 12 Page 107 of 147

Approximate location of new property line

Photo 3: View of new property line location where rear yard variance is proposed.

File No.: DVP 14-021 Page 8 of 12 Page 108 of 147

File No.: DVP 14-021 Page 9 of 12 Page 109 of 147

File No.: DVP 14-021 Page 10 of 12 Page 110 of 147

File No.: DVP 14-021 Page 11 of 12 Page 111 of 147

File No.: DVP 14-021 Page 12 of 12 Page 112 of 147 Development Variance Permit

DVP 14-021 Issued To: Daryl Brian and Christine Mary Boag 2424 Galerno Rd. Campbell River, BC V9W 1K9 (Permittee)

1. This Development Variance Permit is issued subject to compliance with all Bylaws of the City of Campbell River, except as specifically varied or supplemented by this Permit. 2. This Development Variance Permit applies to and only to any and all buildings, structures and other development thereon to: 2424 Galerno Road, Campbell River, on the land shown as Proposed Remainder Lot 2 on the attached REVISED Sketch Plan of Proposed Subdivision of Lot 2, DL 218, Comox District Plan 39774, herein forming part of this permit.

3. The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this Permit and any plans and specifications attached to this Permit, which shall form a part hereof.

4. The rear yard setback as per the attached plan, shown as Schedule “A”, be no closer than 2.12m from the property line.

5. Schedules “A” is attached and herein forms part of this permit.

6. This Development Variance Permit expires two years from the date of Council approval, unless otherwise constructed as approved herein.

7. The General Manager of Operations may authorize minor amendments to this permit, provided such amendments are considered to be consistent with the spirit and intent of the City’s Official Community Plan.

7. This is not a Building Permit.

AUTHORIZING RESOLUTION NO. ______PASSED BY COUNCIL ON THIS ____ DAY OF ______, 2014.

______Deputy City Clerk Please Note: It is the Applicant’s sole responsibility to ensure compliance with all relevant City permits and bylaws. Unless explicitly stated on this permit, issuance of the permit does not authorize the Applicant to proceed with any development, construction or activity that is in contravention of any other relevant permits or bylaws. In the case of a perceived conflict, the applicant should immediately contact the Land Use Services Department for clarification prior to undertaking any development, construction or activity.

Development Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Email: [email protected]; www.campbellriver.ca Ref: DVP 14-021 Page 113 of 147 Page 114 of 147

Schedule “A” To Development Permit Resolution #

______Deputy City Clerk

Development Services Department 301 St. Ann’s Road, Campbell River, B.C. V9W 4C7 Telephone: 250.286.5726; Email: [email protected]; www.campbellriver.ca Ref: DVP 14-021

Report To Council

TO: City Manager FROM: Ron Bowles, GM Corporate Services AUTHORED BY: Dennis Brodie, Finance Operations Supervisor DATE: October 15, 2014 SUBJECT: Downtown Revitalization Tax Agreement – Berwick Development

Recommendation: THAT Council authorize staff to replace the existing downtown tax revitalization agreement between the City and the owners of the Berwick development located at 1353 16th Ave with a new downtown tax revitalization agreement, commencing at time of occupancy.

Background: Council approval is being sought to re-enter into a new Downtown Tax Revitalization Agreement with the owners of the Berwick development in order to provide the full benefit of the tax exemption. Under the current agreement, tax relief has been provided on the construction phase of the development which has used up one year’s worth of tax relief.

Discussion: The owners of the Berwick development downtown made their initial application for a tax exemption under Downtown Revitalization Tax Exemption Bylaw No. 3506, 2013 on September 27, 2013. A staff report was authored for the October 8, 2013 regular Council meeting where Council resolved to grant the tax exemption for the five-year period spanning 2014 through 2018. At that time it was not considered that for much of 2014 the building would be under construction, and the methodology employed by the BC Assessment Authority (BCAA) would grant the exemption for the construction value in place at October 31, 2013 – when the project was early in the construction phase. Following Council’s approval of the tax exemption agreement, staff forwarded the necessary documentation to BCAA and the exemption was processed accordingly. When property taxes were levied in 2014, an exemption was granted in the amount of the improvements that existed on the property as at the valuation date of October 31, 2013. Staff have recently been in contact with the owners of the Berwick development and are in agreement that the Bylaw can provide for the full benefit of the tax exemption on the completed development, and not include the construction phase. This report seeks Council’s support to enter into a new agreement with Berwick which provides that benefit. Should Council agree to the proposal, staff have confirmed with BC Assessment that a supplementary assessment would be issued against Berwick’s property. This supplementary assessment would undo the exemption that was granted against the construction value of the property for 2014 property taxes. A supplemental tax notice would then be generated by the

Page 1 of 2 Page 115 of 147

City at which time Berwick would pay the additional taxes levied on their property for the 2014 year.

Financial/Operational Considerations: A summary of the current and proposed tax revitalization exemption is presented below to demonstrate the financial considerations of the proposal:

2014 2015 2016 2017 2018 2019 Total Current Agreement $ 27,939 $ 134,108 $ 134,108 $ 134,108 $ 134,108 $ - $564,373 Proposed Agreement $ - $ 134,108 $ 134,108 $ 134,108 $ 134,108 $ 134,108 $670,542

Options: 1. Authorize staff to re-enter into a tax revitalization agreement with the owners of the Berwick development. The tax exemption granted to the Berwick development will span the years 2015-2019. 2. Do not re-enter into a tax revitalization agreement with the owners of the Berwick development. The tax exemption granted to the Berwick development will span the years 2014-2018, which includes the year of construction.

Conclusion: In an effort to ensure that Council’s downtown revitalization exemption program is being consistently applied to eligible developments, staff are seeking Council’s endorsement to waive the exemption originally granted to Berwick developments against the construction value of their building and provide the full benefit of a 5-year tax exemption from occupancy.

Report prepared by, Report reviewed by,

Dennis Brodie Sara Brodie P.Eng. Finance Operations Supervisor Development Services Supervisor

Report reviewed/endorsed by,

Ron Bowles GM, Corporate Services

Page 2 of 2 Page 116 of 147 Report To Council

File: TO: City Manager FROM: GM, Facilities and Supply Management GM, Operations DATE: October 08, 2014 SUBJECT: Tender No. 789 Highway #28 Raw Water Supply Main Construction

Recommendation: That Council approve the award of Tender No. 789 – Highway #28 Raw Water Supply Main Construction to the lowest priced Tenderer, Upland Contracting Ltd. in the amount of $2,672,295 GST excluded.

Council Policy: The City’s Purchasing Policy states that purchases for goods and services in excess of $100,000 require the approval of Council.

Background: The City presently draws the majority of its water from a single source at John Hart Lake which is delivered to the community via a gravity based water supply and distribution system. The lake source water is provided by way of connection to each of the three (3) existing BC Hydro penstocks serving the John Hart Generating Station, at the City’s water treatment facility located above the generating station and adjacent to the three (3) BC Hydro surge towers. As part of the John Hart Redevelopment Project, BC Hydro will be replacing the John Hart Generating Station and deleting the penstocks. BC Hydro has now entered the construction phase of this project with an anticipated completion date being the end of 2018. The BC Hydro penstocks are currently scheduled to be removed in 2018 requiring the City to have a new, fully functional water supply in place by the end of 2017. This will require the City develop and construct a new intake and connection from the City’s water source at John Hart Lake to the Elk Falls Water Quality Centre (EFWQC). To deliver the required water system infrastructure, The City and BC Hydro have worked together over the past 2 years to develop the City’s Water Supply Project Plan which has recently been finalized with the signing of the BC Hydro Municipal Water Supply Infrastructure Construction and Funding Agreement. This agreement sets forth the obligations of both parties in delivering a new water supply system for the City of Campbell River and defines the overall approach to be employed in delivering the new City water system infrastructure. The City’s Water Supply Project will be delivered jointly with BC Hydro responsible for provision of the section of new watermain to be installed within BC Hydro’s new Surge Tower Road ROW, defined as the BC Hydro Work, and the City being responsible for delivery of the balance, defined as the City Work. The City Work Project Delivery Plan has been established within the agreement and has the City Work broken into two distinct phases. The first phase includes a 1.2km section of shallow bury, large diameter, welded steel pipe to be installed within the MoTI Hwy 28 ROW from Surge Tower Road to a point approximately 400m east of the Brewster Lake Road turn off. The second phase includes approximately 1.4km of large diameter water pipe that will commence from this point on Hwy 28 and connect to a new, independent lake intake structure and associated control building.

Page 1 of 4 Page 117 of 147 With the signing of the BC Hydro Municipal Water Supply Infrastructure Construction and Funding Agreement and the further Council recommendation for the award of the Phase 1 Pipe Supply and Delivery Contract at the July 22, 2014 Regular Council Meeting as per below, Council has now approved the City Work Project Delivery Plan with the 2 distinct phases.

14-0335 Adams/Moglove THAT Council approve the award of Tender No. 784 – Supply and Delivery of Steel Pipe to the lowest priced Tenderer, Northwest Pipe Company in the amount of $908,544 (GST Excluded) CARRIED

Since the above Council approval was issued, the steel pipe supply and delivery contract has been awarded and the detailed design for installation and construction services of the Phase 1 City Work has been fully completed and tendered. Completion of the Phase 2 City Work continues in the design development phase with further geotechnical investigations ongoing in order to determine the most effective location for placing the lake intake structure. It is anticipated that this investigation and development of the requisite 50% complete Design Report will be complete by the end of this year. It is staff’s intention to bring forward a Report to Council in early 2015 providing an overview of these findings and a recommendation for the methodology to be employed in completion of the phase 2 works. At the time of this report, it is expected that the design completion and acquisition of necessary approvals and permitting for the Phase 2 City Work will see this phase being ready for construction service tendering no earlier than late 2015.

Discussion: Tender: In compliance with the provisions of all applicable trade agreements and our Purchasing Policy, Tender No. 789 was posted on BC Bid and the City’s web site with packages made available for pickup at City Hall on September 5, 2014. The Tender closed on October 3, 2014 with compliant submissions being received from the following with total tender values shown as: Tenderer Tender Price*

1. Upland Contracting Ltd. $2,672,295 2. Palladian Developments Inc. $3,174,916 3. Knappett Industries (2006) Ltd. $3,291,015 4. Pedre Contractors Ltd. $3,468,450 5. Jacob Bros Construction Ltd. $3,568,695 6.Windley Contracting (2010) Ltd. $3,604,176 7. Wacor Holdings Ltd. $3,816,636 8. Ketza Pacific Construction (1993) Ltd. $3,920,949 *all pricing excludes GST, is Net of any Contingencies and includes the value of the Supply and Delivery of Steel Pipe contract with Northwest Pipe Company as the Contractor will assume the obligations of this contract.

Page 2 of 4 Page 118 of 147 Tender results were reviewed by Capital Works, Supply Management and the project design engineers, Stantec Consulting Ltd., with the lowest Tenderer, Upland Contracting Ltd. having been found to have met all of the Tender requirements. As a result, it is the recommendation of this report that Tender No. 789 be awarded to Upland Contracting Ltd.

Budget: The current Class A estimate for the scope of work described in Tender No. 789, as developed by the project design engineers, per the City’s Capital Project Management Policy, is $4,424,409.90. The proposed Project Budget for all related tasks for this Phase 1 City Work is described as:

No Item Budget Description

1.0 Administration $ 563,853 Engineering, Legal, Departmental, Misc.

2.0 Construction .1 Upland Contracting Ltd. $2,672,295 General Contractor - Tender 789. .2 Tayco Paving $ 208,080 Paving under separate contract .3 Quality Assurance $ 20,000 Owner independent inspection and testing .4 Miscellaneous $ 45,000 Commissioning and Electrical service .5 Work Completed to date $ 29,025 Surge Tower Road drainage crossing

3.0 Contingency $ 353,825 10% of Project Value.

Total Project Budget $3,892,078

The Project Budget for this Phase 1 City Work is included in the Council approved 2014 Water Capital Plan with 100% funding to be provided by BC Hydro through the BC Hydro Municipal Water Supply Infrastructure Construction and Funding Agreement.

Schedule: The BC Hydro Municipal Water Supply Infrastructure Construction and Funding Agreement acknowledges that the first phase of the City Work will be complete by the end of 2014. The execution of the Northwest Pipe Supply contract has determined that pipe supply and manufacturing process will require a duration of 105 days prior to the steel pipe being delivered to site. In order to ensure that the most cost effective and best possible installation is achieved, it is required that the work be scheduled so as to be completed during favourable weather conditions. For this reason Tender 789 has been structured such that the Contractor is to commence work no later than March 15, 2015. This will allow the project team to continually monitor weather conditions and set the actual project start date when the weather conditions allow the installation specifications to be met. Once work has begun, the contractor has 90 working days to complete the scope contained in this Tender 789, which at this time will see the project complete on or before July 23, 2015.

Page 3 of 4 Page 119 of 147 Communications: Subject to Council’s direction, Staff will advise the Tenderers of the City’s decision and will arrange for the required contract documentation.

Conclusion: As the Tender 789 has been completed with compliant submissions and Council has approved the funding in the 2014 Capital Plan, the requirements of Contract A have been met. Accordingly, staff recommend award of Tender No. 789 – Highway #28 Raw Water Supply Main Construction to Upland Contracting Ltd.

Report prepared by: Reviewed and endorsed by: Reviewed and endorsed by:

Jason Hartley, P.Eng. Ronald G. Neufeld, P.Eng David G. Morris, SCMP, CPM, FBCIPMAC Capital Works Manager GM, Operations GM, Facilities & Supply Management

Page 4 of 4 Page 120 of 147

October 9, 2014 File: 1123 11316

Attention: Jason Hartley, Capital Works Manager 301 St Ann’s Road, Campbell River, BC V9W 4C7

Dear Mr Hartley,

Reference: City of Campbell River, Request for Tender 789, Hwy. #28 Raw Water Supply Main Construction

This letter reviews the tenders received by the City of Campbell River for the aforementioned project on September 26th, 2014.

1. Tenders Received 8 tenders in total were received for this project, only the lowest three bids were reviewed. All three low bids were properly signed, and the total price ( per Appendix 1 Schedule of Quantities and Prices of the Tenderers packages) are shown in the table below.

Total Value Excluding Taxes (GST Bidder 5%) Upland Contracting Ltd. $2,672,295.00 Palladian Developments Inc. $3,174,915.72 Knappet Industries (2006) Ltd. $3,291,015.00

2. Arithmetic Check of Appendix 1 Schedule of Quantities and Prices An arithmetic check was performed on the three low bidders Appendix 1 Schedule of Quantities and Prices; no errors were found. The correct bids are shown in the table above. The low bidder’s tender, Upland Contracting Ltd (Upland), did not contain any errors.

3. Appendix 2 Preliminary Construction Schedule All three low bidders reviewed provided an acceptable schedule that falls within the 18 week time period. The low bidder Upland’s proposed project start date is set for March 16th, 2015 with a completion date at the end of the 16th week construction period.

Page 121 of 147 October 9, 2014 Jason Hartley, Capital Works Manager Page 2 of 3

Reference: City of Campbell River, Request for Tender 789, Hwy. #28 Raw Water Supply Main Construction

4. Acknowledgement of Addenda All three low bidders have acknowledged their examination of Addendum #1, Addendum #2, and Addendum #3. Palladian however did not include in their price for an additional headwall (Item 19 of Tender Appendix 1) per question 85 of Addendum 3. This made for a difference in price of $2,948.71

5. Appendix 3 Superintendents Qualifications All three low bidders Superintendents have acceptable qualifications to undertake this project.

6. Appendix 4 Comparable Work Experience All three low bidders have sufficient work experience to undertake this project. Uplands provided the least amount of experience with only two projects listed and only one over 1 million dollar value.

7. Appendix 5 Subcontractors All three low bidders have provided a list of subcontractors to complete the project.

8. Appendix 6 Tenderers List of Projects Underway All three low bidders have provided a list of current projects that are underway.

9. Appendix 7 Schedule of Force Account Rates All three low bidders have signed the Schedule of Force Account Rates

10. Appendix 8 Safety Covenant All three low bidders have signed the Safety Covenant.

11. Appendix 9 Prime Contractor Agreement All three low bidders have signed the Prime Contractor Agreement.

12. Appendix 10 Acceptance of Base Course for Asphalt Paving Upland initialed but did not add either their company name or the City of Campbell Rivers name to the Acceptance of Base Course for Asphalt Paving. Knappet also initialed but did add names to the document. Palladian completed the document.

13. Appendix 11 Novation Agreement Acknowledgement All low bidders have signed the Novation Agreement Acknowledgement.

Page 122 of 147 October 9, 2014 Jason Hartley, Capital Works Manager Page 3 of 3

Reference: City of Campbell River, Request for Tender 789, Hwy. #28 Raw Water Supply Main Construction

14. Bid Bond and Consent of Surety All low bidders have provided bid bonds and consents of surety. The lowest bidder Uplands, provided a bid bond for 60 days.

15. Recommendation We recommend the City of Campbell River, Tender 789, Hwy #28 Raw Water Supply Main Construction be awarded to the low bidder, Upland Contracting Ltd. We believe the tender provides good value for money and therefore recommend that this tender be awarded to Upland Contracting Ltd. in the amount of $2,672,295.00 excluding GST.

Regards,

Stantec Consulting Ltd.

Shaun Swarbrick, P.Eng Alan Ghanam, P.Eng Civil Engineer Principal Tel: (250) 389-2545 Tel: (250) 389-2347 Fax: (250) 382-0514 Fax: (250) 382-0514 [email protected] [email protected]

Page 123 of 147

CITY OF CAMPBELL RIVER COUNCIL MINUTES

COUNCIL MEETING, TUESDAY, OCTOBER 7, 2014 at 6:30 PM in the City Hall Council Chambers, 301 St. Ann's Road, Campbell River, BC.

PRESENT: Chair - Mayor W. Jakeway, Councillors: A. Adams, R. Kerr, R. Mennie (via Skype), C. Moglove, L. Samson, M. Storry, A. Laidlaw - City Manager; L. Wark - Acting General Manager, Parks, Recreation & Culture; D. Morris -General Manager, Facilities and Supply Management; R. Neufeld - General Manager, Operations/Deputy CAO; R. Bowles - General Manager, Corporate Services; A. Zirnhelt - Long Range Planning/Sustainability Manager; J. Douglas - Communications Advisor; P. F. Wipper - City Clerk; T. Bate - Deputy City Clerk; T. Martin - Engineering Tech III

1. APPROVAL OF THE AGENDA 1.1 Approval/modification of the Agenda.

14-0401 Moglove/Adams

THAT the Agenda be approved with the addition of:

 Letter received October 3, 2014 from Glen & Linda Foster regarding Notice of Intent - Development Variance Permit - 1020 Alder Street South.

AND THAT Items 13.1, 13.4 and 13.5 be adopted by consent. CARRIED

14-0402 Adams/Samson

THAT the October 3, 2014 letter from Glen & Linda Foster regarding Notice of Intent - Development Variance Permit - 1020 Alder Street South, be received. CARRIED

Page 124 ofPage 147 1 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

2. DELEGATIONS/PRESENTATIONS 2.1 Paul Geoghegan, Chair and Leanne Wingert, Vice Chair, Community Homelessness Coalition, to provide an update from the Coalition and background information on the upcoming Homelessness Action Week, October 12 - October 18, 2014.

Mr. Geoghegan and Ms. Wingert provided an overview of the upcoming Homelessness Action week.

Mayor Jakeway proclaimed October 12 - October 18, 2014 Homelessness Action week and presented the proclamation to Mr. Geoghegan and Ms. Wingert.

2.2 Steve Lindsay, owner, Greg Damant, Cascadia Architects and Rich Stephens, agent regarding MJP 14-027 to permit a 14 unit patio home development at 1020 Alder Street South (See Item 4.2).

Mr. Lindsay & Mr. Damant provided a PowerPoint presentation showing views of the site including the variances in the application.

Mr. Lindsay, Mr. Damant and Mr. Stephens answered questions from Council.

2.3 Donna and Will Pakosz, owners regarding MJP 14-041 for development of commercial premises primarily accommodating a food store, yoga studio and ancillary offices at 1121/1171 Cedar Street & 460 11th Avenue (See Item 4.3).

Mr. & Mrs. Pakosz introduced themselves and answered questions from Council.

3. COMMISSION/COMMITTEE REPORTS 3.1 Advisory Planning and Environment Commission's October 1, 2014 report regarding Environmental Protection Bylaw (See Item 4.1)

14-0403 Moglove/Kerr

THAT Council proceed with the implementation of Environmental Protection Bylaw No. 3551, 2014;

AND THAT staff implement a public education program to support the bylaw. CARRIED

Page 125 ofPage 147 2 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

4. BYLAWS AND PERMITS 4.1 Deputy City Manager/ General Manager, Operations' September 29, 2014 report regarding Environmental Protection Bylaw No. 3551, 2014.

Terri Martin, the City's Environmental Coordinator provided a PowerPoint overview on the background and purpose of the bylaw.

14-0404 Moglove/Samson

THAT the Environmental Protection Bylaw No. 3551, 2014 be given first and second reading. CARRIED

4.2 Deputy City Manager/ General Manager Operations' September 29, 2014 report regarding Major Development Permit with Variances application MJP 14-027 (1020 Alder Street S) to permit a 14 unit patio home development.

The owner and applicant answered questions regarding the variances. The owner's engineering consultant Rich Stephens distributed photos and reviewed the request to vary the requirement to underground the electrical wires.

14-0405 Adams/Samson

THAT Council approves Major Development Permit application MJP-14- 027 for 1020 Alder Street S as attached to the Deputy City Manager/ General Manager, Operations' September 29, 2014 report, including the request for yard dimension variances, subject to receipt of security for landscaping at 125% of the estimated cost. CARRIED

14-0406 Adams/Kerr

THAT Council approves a variance to the Subdivision and Development Servicing Bylaw (No. 3419, 2010) requirement for undergrounding of overhead electrical wires for 1020 Alder Street South; CARRIED

Page 126 ofPage 147 3 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

14-0407 Adams/Kerr

THAT the Deputy City Manager/General Manager of Operations is authorized to approve minor amendments consistent with the spirit and intent of the Official Community Plan Bylaw 3475, 2012. CARRIED

4.3 Acting General Manager, Operations' September 29, 2014 report regarding Major Development Permit application MJP-14-041 (1121/1171 Cedar Street & 460 11th Avenue) for development of commercial premises primarily accommodating a food store, yoga studio and ancillary offices above.

14-0408 Moglove/Adams

THAT Council approves Major Development Permit application MJP-14- 041 for 1121/1171 Cedar Street & 460 11th Avenue as attached to the Acting General Manager, Operations' September 29, 2014 report, subject to receipt of security for landscaping at 125% of the estimated cost;

AND THAT the Deputy City Manager/General Manager Operations is authorized to approve minor amendments consistent with the spirit and intent of the Official Community Plan Bylaw 3475, 2012. CARRIED

4.4 City Clerk's September 23, 2014 report regarding Public Nuisance Bylaw Amendments - 2nd Report.

14-0409 Kerr/Moglove

THAT Council approve the recommended revisions to the City's Public Nuisance Bylaw as they appear in the attached marked-up copy of Bylaw 3310;

AND THAT Public Nuisance Bylaw No. 3543, 2014 be given third reading as amended;

AND THAT staff prepare an agreement with BC Hydro for graffiti removal for Council's consideration.

Page 127 ofPage 147 4 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

14-0410 Adams/Samson

THAT consideration of Item 4.4 be postponed until after Item 5.2.1 CARRIED Councillor Kerr Opposed.

14-0411 Samson/Kerr

THAT staff report back on the regulations concerning the manner in which garbage needs to be left at the curb.

P. Wipper explained that garbage needs to be placed into a container with a lid.

Question called on the motion. DEFEATED Mayor Jakeway, Councillors Adams, Kerr, Moglove and Storry Opposed.

14-0412 Samson/Storry

THAT staff report back on what can be done to deal with litter generated by convenience stores. CARRIED Mayor Jakeway, Councillors Adams and Kerr Opposed.

4.5 Permissive Exemption from Taxation Amendment Bylaw No. 3567, 2014 (General).

14-0413 Storry/Kerr

THAT Permissive Exemption from Taxation Amendment Bylaw No. 3567, 2014 (General) be given third reading. CARRIED

4.6 Water Regulations Amendment Bylaw No. 3562, 2014.

14-0414 Moglove/Samson

THAT Water Regulations Amendment Bylaw No. 3562, 2014 be given third reading. CARRIED

Page 128 ofPage 147 5 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

5. STAFF REPORTS 5.1 ADMINISTRATION 5.1.1 City Manager's September 29, 2014 report regarding Fortis Operating Agreement - New Operating Fees.

14-0415 Moglove/Samson

THAT Council adopt the Operating Agreement with Fortis BC as attached to the City Manager's September 29, 2014 report. CARRIED

5.2 LEGISLATIVE SERVICES 5.2.1 City Clerk's September 30, 2014 report regarding Vacant Building Regulations.

14-0416 Moglove/Kerr

THAT the decision to proceed with new vacant building regulations, similar to the City of Penticton, be referred to the 2015 Financial Plan/Budget deliberations to provide the opportunity to discuss operational considerations including the impact on financial and staffing resources.

14-0417 Adams/Moglove

THAT the motion be amended be replacing the word "referred" with "considered at a Committee of the Whole meeting prior". CARRIED Mayor Jakeway Opposed.

Question called on original motion as amended. CARRIED Mayor Jakeway Opposed.

5.2.2 Continuation of City Clerk's September 23, 2014 report regarding Public Nuisance Bylaw Amendments - 2nd Report.

Question called on the main motion. CARRIED

Page 129 ofPage 147 6 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

5.3 OPERATIONS 5.3.1 Deputy City Manager/ General Manager Operations' September 24, 2014 report regarding Downtown Parking - Increased Maintenance and Future Levels of Service.

14-0418 Adams/Storry

THAT the Deputy City Manager/ General Manager Operations' September 24, 2014 report regarding Downtown Parking - Increased Maintenance and Future Levels of Service, be received. CARRIED

6. CORRESPONDENCE 6.1 August 14, 2014 correspondence from Dave Petryk, President & CEO, Tourism Vancouver Island regarding Vancouver Island and the Sunshine Coast, Hiking Trails Strategy - Phase 1.

14-0419 Moglove/Kerr

THAT the August 14, 2014 correspondence from Dave Petryk, President & CEO, Tourism Vancouver Island regarding Vancouver Island and the Sunshine Coast, Hiking Trails Strategy - Phase 1, be received. CARRIED

14-0420 Adams/Moglove

THAT Council refer the request by Tourism Vancouver Island for $2,500 for Phase 1 of the Vancouver Island and Sunshine Coast Hiking Trails Strategy to the Rivercorp Board for consideration for funding from the Tourism Budget. CARRIED

6.2 September 29, 2014 correspondence from Iris Hesketh-Boles, Executive Coordinator, AVICC regarding Request for Presentation Proposals - 2015 AVICC AGM & Convention.

14-0421 Moglove/Storry

THAT the September 29, 2014 correspondence from Iris Hesketh-Boles, Executive Coordinator, AVICC regarding Request for Presentation Proposals - 2015 AVICC AGM & Convention, be received. CARRIED

Page 130 ofPage 147 7 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

7. MAYOR/COUNCIL REPORTS 8. COMMITTEE OF THE WHOLE RECOMMENDATIONS FOR COUNCIL'S CONSIDERATION 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. ADDENDA ITEMS 12. NOTICE OF MOTION 13. CONSENT AGENDA 13.1 September 16, 2014 Regular Council minutes.

THAT the September 16, 2014 Regular Council minutes be adopted. ADOPTED BY CONSENT

13.2 September 4, 2014 correspondence from Angus Stanfield, President, BC/Yukon Command The Royal Canadian Legion regarding Military Service Recognition Book.

14-0422 Adams/Moglove

THAT the September 4, 2014 correspondence from Angus Stanfield, President, BC/Yukon Command, The Royal Canadian Legion regarding Military Service Recognition Book be received. CARRIED

14-0423 Adams/Kerr

THAT Council support the BC/Yukon Command Royal Canadian Legion, "Military Service Recognition Book" by sponsoring a 1/10th colour ad in the amount of $310 with funding to come from Council Contingency. CARRIED

13.3 September 19, 2014 correspondence from Debbie Walters, Mayor, City of Pitt Meadows regarding Unified Building Code Effect on Local Governments Provision of Public Safety.

14-0424 Moglove/Samson

THAT the September 19, 2014 correspondence from Debbie Walters, Mayor, City of Pitt Meadows regarding Unified Building Code Effect on Local Governments Provision of Public Safety, be received. CARRIED

Page 131 ofPage 147 8 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

14-0425 Moglove/Samson

13.4 September 24, 2014 correspondence from George Hastings opposing the Campbell River Eagles Waterski Club's Permissive Tax Exemption application for 2015.

THAT the September 24, 2014 correspondence from George Hastings opposing the Campbell River Eagles Waterski Club's Permissive Tax Exemption application for 2015, be received. ADOPTED BY CONSENT

13.5 September 18, 2014 correspondence from Collette Slater, Secretary, Executive Board Member, Campbell River Alano Club regarding request for new Board members.

THAT the September 18, 2014 correspondence from Collette Slater, Secretary, Executive Board Member, Campbell River Alano Club regarding request for new Board members, be received. ADOPTED BY CONSENT

13.6 October 1, 2014 correspondence from Campbell River Environmental Committee regarding Upland Excavating's proposed bio-remediation facility.

14-0426 Samson/Kerr

THAT the October 1, 2014 correspondence from Campbell River Environmental Committee regarding Upland Excavating's proposed bio- remediation facility, be received. CARRIED

Page 132 ofPage 147 9 of 10 Regular Council Meeting Minutes - Tuesday, October 7, 2014

14. COUNCIL IN-CAMERA MEETING 14.1 Resolution to move In-Camera

14-0427 Moglove/Samson

THAT Council move In-Camera under the authority of the following sections of the Community Charter:

90 (1) (c) labour relations or other employee relations;

90 (1) (d) the security of the property of the municipality;

90 (1) (g) litigation or potential litigation affecting the municipality.

90 (1) (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public;

90 (1) (l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report]; CARRIED

14.2 NOTE: Issues discussed In-Camera are not open to the public.

The open portion of the meeting concluded at 8:16 p.m. at which time Council and staff moved into the Committee Room for the In-Camera portion of the meeting.

Certified Correct:

Mayor W. Jakeway, CHAIR T. Bate, DEPUTY CITY CLERK

Page 133Page of 147 10 of 10

MAINTENANCE

Graffiti Removal Agreement

Dated: October 21, 2014

Between: British Columbia Hydro and Power Authority (“BC Hydro”) 6911 Southpoint Drive, Burnaby, BC, V3N 4X8

And: The City of Campbell River (the “City”) 301 St. Ann’s Rd Campbell River, BC V9W 4C7

The parties agree as follows:

A. Background 1. BC Hydro removes graffiti from BC Hydro property, specifically BC Hydro distribution equipment, where the graffiti is socially offensive or located in high profile or sensitive areas. However, BC Hydro is willing to participate in community programs to remove all/other graffiti. 2. The City including its staff and volunteers wishes to remove graffiti on BC Hydro distribution equipment in the City of Campbell River.

B. Graffiti Removal 1. The City will remove graffiti from BC Hydro property, specifically BC Hydro distribution equipment, located in the City of Campbell River (“Graffiti Removal”). 2. BC Hydro will provide a safety awareness sheet outlining potential hazards of the equipment. The City will ensure the City’s staff and volunteer’s review this sheet prior to undertaking graffiti removal. 3. The City will ensure that all of its staff and volunteers performing the Graffiti Removal are aware of any instructions or safety guidelines provided by BC Hydro for the Graffiti Removal. 4. The City, its staff and volunteers will comply with all instructions or safety guidelines provided by BC Hydro for the Graffiti Removal and will undertake the Graffiti Removal in a safe and responsible manner. 5. The City will inform BC Hydro of any BC Hydro distribution equipment or property they encounter that may be damaged or in disrepair such that it, in the opinion of the City, creates a public safety hazard. 6. If any of the City’s staff or volunteers are under the age of 19, they will have a signed letter of permission from their parent or guardian to participate in the Graffiti Removal.

C. Materials and Contribution 1. The City will supply the following for the Graffiti Removal:  Labour of the City’s staff and volunteers  Miscellaneous materials including, but not limited to, graffiti wipes, paint brushes, and paper towels  Photo examples of the graffiti on BC Hydro distribution equipment before and after the Graffiti Removal 2. BC Hydro will supply the following (“BC Hydro Materials”) for the Graffiti Removal:  Paint in official BC Hydro colours  Any decals required to be affixed to the BC Hydro distribution equipment  General Safety awareness information  Instructions (if any) for the Graffiti Removal  An annual cash contribution of $3000 to support the Graffiti Removal within the City 3. At the termination of this Agreement, the City will return all unused BC Hydro Materials to BC Hydro. 4. The City will receive no financial compensation from BC Hydro for the Graffiti Removal.

D. No Employment 1. The City and it’s staff or volunteers are not employees of BC Hydro for any purpose whatsoever and the City acknowledges and agrees that this Agreement will not give or extend to it or its staff or volunteers any rights with respect to BC Hydro employment benefits, including but not limited to Workers’ Compensation Board coverage or any insurance coverage.

Page 1 of 2 Page 134 of 147

E. Limitation of Liability and Indemnity 1. The City acknowledges that the Graffiti Removal entails known and unanticipated risks, which could result in physical injury to the City’s staff and volunteers, to property, or to third parties. The City understands that such risks simply cannot be completely eliminated. THE CITY VOLUNTARILY AGREES TO ASSUME ALL SUCH RISKS AND DANGERS on behalf of itself and its staff and volunteers, including the risk of injury or death that may be associated with my participation in the Graffiti Removal. 2. The City agrees to fully and forever, discharge and release BC Hydro, and its officers, agents, employees, and independent contractors from any and all liability, all claims and demands, actions and causes of action arising out of any damages, costs, expenses and any and all claims, whether caused by their negligence or for any other reason, which may arise in any way from the City’s or its staff or volunteers’ preparation for or participation in the Graffiti Removal. 3. The City agrees not to sue BC Hydro, its officers, agents, employees, and independent contractors and not to initiate any claim, of any nature or kind, for damages or cause of action which the City, its staff, or volunteers may have by reason of personal injury or death or destruction to of the City’s property associated with the Graffiti Removal. 4. THE CITY WILL INDEMNIFY AND HOLD HARMLESS BC HYDRO, ITS OFFICERS, AGENTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS FROM ANY LOSS, CLAIMS, ACTION, CAUSES OF ACTION, OR PROCEEDINGS OF ANY KIND WHICH MAY BE INITIATED BY THE CITY, ITS STAFF OR VOLUNTEERS, OR ANY THIRD PARTIES INCLUDING DEMANDS, JUDGEMENT, COST, OR EXPENSES, INCURRED BY THE CITY OR THE HARMLESS BC HYDRO, ITS OFFICERS, AGENTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS ARISING FROM THE ACTIVITIES ASSOCIATED WITH GRAFFITI REMOVAL.

F. General 1. Either party may terminate this agreement with 7 days notice to the other party. 2. If any term of this Agreement is partially or wholly invalid or unenforceable, the remainder of this Agreement will not be affected, and each remaining term will be separately valid and enforceable. 3. This Agreement will be governed by and construed in accordance with British Columbia law. 4. This Agreement may be amended only by a written agreement signed by each party. 5. This Agreement is the entire agreement between the parties and supersedes any prior agreement. Neither party is bound by any warranty or agreement not included in this Agreement, and in particular, no warranty of a party not expressed in this Agreement is to be implied. 6. Nothing in this Agreement or the performance of this agreement will create any partnership between the parties. 7. Neither Party may assign this Agreement without the prior consent of the other Party.

TO EVIDENCE THEIR AGREEMENT each of the parties has executed this Agreement on the date appearing below.

BRITISH COLUMBIA HYDRO AND POWER THE CITY OF CAMPBELL RIVER, on behalf AUTHORITY, on behalf of itself and its of itself, City staff and volunteers affiliates By: By: Title: Title: Date: Date:

Page 2 of 2 Page 135 of 147

Monday, October 6th, 2014

Honourable Christy Clark Premier Province of British Columbia

Mayors of British Columbia Cities and Towns

Re: Métis Recognition on November 16th VIA EMAIL

Dear Sirs/Mesdames:

This letter is sent to you on behalf of the BC Métis Federation (BCMF), our Members and our associated Communities representing many thousands of Métis in various cities, towns and communities in British Columbia.

Our purpose is twofold:

1. To bring to your attention a landmark day in Métis history – November 16th – a commemorative day that is celebrated by Métis people in British Columbia and across Canada.

2. To request that you formally recognize November 16th, this year and annually, by: a. The issuance of a Proclamation declaring Louis Riel Day or Métis Cultural Awareness Week. The Proclamation would be similar to those issued in the past by cities of Surrey, Nanaimo, Penticton, the Province of British Columbia and others. b. Publicly flying the Métis Infinity Flag.

In conjunction therewith BCMF will invite local Métis people in your community to participate in the raising of the Métis Flag and any associated cultural events.

To provide information with respect to this Request we enclose copies of the following: i. A Proclamation previously issued by the BC Provincial Government. ii. Two informative articles on “Louis Riel – a Métis Icon” and on “Raising the Métis Flag on Louis Riel Day” by noted BC Métis Historians George and Terry Goulet of Sechelt, BC.

The Métis have a rich and fabulous history in British Columbia dating back over 200 years. There are some 70,000 self-identifying Métis in the Province. The Métis are officially recognized in section 35 of the Constitution Act of Canada, 1982 as one of the Aboriginal peoples of Canada.

The BCMF website is www.bcmetis.com and it contains numerous articles on Métis history, heritage, culture, and events and activities carried on by the BCMF. Its Facebook site is the most popular of all the Aboriginal Facebook sites in Canada.

If you require one, BCMF would be pleased to provide you with a complimentary Métis Infinity Flag.

1 | P a g e

Page 136 of 147

If you have any questions or comments, please contact the undersigned.

Keith Henry President BC Métis Federation #300 – 3665 Kingsway, Vancouver, BC V5R 5WT Telephone: (604) 638-7220

Encl. Métis Flag Raising George and Terry Goulet November 16th Louis Riel Article George and terry Goulet A Métis Icon OIC 0697 Mètis Recognition November 16th, 1993

2 | P a g e

Page 137 of 147

RAISING THE MÉTIS FLAG ON LOUIS RIEL DAY BY GEORGE & TERRY GOULET Many cities and municipalities in Canada annually honor the Métis people and their heroic leader Louis Riel by flying the Métis Infinity Flag at their city or municipal halls on November 16th, the day of Riel’s unjust execution in 1885. Riel was executed for high treason under an archaic and inapplicable 534 year old Statute of Treasons of Great Britain. In the past, cities and municipalities across Canada that have proudly displayed the Métis flag are Chilliwack, Prince George, Williams Lake, Grand Forks, Cranbrook, Dawson Creek, Calgary, Medicine Hat, Edmonton, St. Albert, Regina, Prince Albert, Toronto, St. Catherines, Welland, Guelph, Oshawa, and others. Riel, the Father of Manitoba and champion of democracy and human rights for his people and other Westerners, was put on trial and hanged in Regina, the capital of what is now Saskatchewan. It is fascinating to note that today (more than 125 years after his execution) the city of Regina flies the Métis flag at its City Hall 365 days a year every year. In various areas of Canada, Riel has been commemorated by statues, schools, buildings, streets, and a bridge. He has been memorialized in an opera, a stamp, documentaries, biographies, articles, songs, pop culture and in other areas. The Province of Manitoba has named its Statutory Family Holiday as Louis Riel Day. In 1992, the Parliament of Canada and the Legislative Assembly of Manitoba formally recognized the contribution of Louis Riel to the development of the Canadian Confederation and his role and that of the Métis as Founders of the Province of Manitoba. A monumental statue of Louis Riel stands adjacent to the Manitoba Legislative Buildings and is accompanied by a plaque outlining this achievement. Every year on November 16th there is a Provincial Louis Riel Day ceremony and the raising of the Métis flag at the Parliament Buildings of Ontario. On that date, there is a Louis Riel commemoration held in the rotunda of the Alberta Legislative Building. Some cities in British Columbia have issued proclamations relating to the Métis. For example, the city of Nanaimo designated November 12 to November 17, 2012 as “Métis Cultural Awareness Week”. One of the residences for students at Simon Fraser University is named “Louis Riel House”. The term “Métis” primarily indicates a person of mixed maternal North American Aboriginal and paternal European ancestry, mainly French and Scottish. The historical Métis were a unique indigenous people. Trailblazing Métis first arrived in British Columbia over 200 years ago. They have been called the “children of the fur trade”,

1 Page 138 of 147

who contributed to the exploration and development of British Columbia and to its history, heritage and culture. A few of many notable Métis in the history of British Columbia are: (i) the first Lady of British Columbia Amelia Connolly Douglas (wife of Sir James Douglas, “Father of British Columbia”); (ii) Joseph William McKay, the Founder of Nanaimo; (iii) Josette Legacé Work, pioneer Matriarch and grandmother of Métis Premier Simon Fraser Tolmie; and (iv) Jack Poole, Chairman of the Vancouver Organizing Committee and the Committee that was responsible for bringing the 2010 Winter Olympics to British Columbia. In recognition of the role that the Métis people played in the history of the Province, the British Columbia Government in its Order in Council No. 0697 dated May 26, 1993 recognized November 16, 1993 as “Louis Riel Day” and designated that day as “Métis Day” and perceptively stated in its Proclamation: “…. the Metis culture, rich in spiritual beliefs and colourful traditions, is an integral part of British Columbia’s multicultural character, and …. throughout history, Metis citizens have made significant contributions to the development and success of Our Province.” In light of the foregoing, it is time that more communities, cities, and the British Columbia Government honor the Métis annually by displaying the Métis Infinity Flag on November 16th. The British Columbia Métis Federation (BCMF) and its affiliate community leaders should petition the Provincial Government to designate that November 16th annually be recognized and designated as “Louis Riel Métis Day” and that the Métis Infinity Flag be raised in front of the Parliament Buildings on that day. In conjunction with this petition, BCMF and various Métis community leaders and affiliates should request that local city and municipal governments also provide for the same annual designation, recognition and raising of the Métis Infinity Flag on November 16th in their respective jurisdictions. By taking this type of action, the various levels of government in the Province of British Columbia will honour the notable contributions that the Métis have made to the history, heritage and culture of the great and beautiful Province of British Columbia.

2 Page 139 of 147

LOUIS RIEL A Métis Icon Louis Riel is the most remarkable person in Métis history. As their iconic leader, he represents all those valiant Métis who fought for basic human rights not only for the Métis but for First Nations and other Canadians. The dynamic Riel was a natural-born leader whose life profoundly influenced Canadian society and politics, the founding of Manitoba, and the rights of Western Canadians. His impact continues to this day and will continue into the future. Highly intelligent, well-educated and a compelling orator, he was elected to the Parliament of Canada on three separate occasions while he was still in his twenties although due to politics he was never able to take his seat. His fascinating life combined the heights of success and the depths of defeat, the sacred and the profane. To some he conjoined fame and infamy; to others he was an iconoclast who became an icon. To Riel himself he had a prophetic mission – to lead and champion his people, the Métis, in having their grievances remedied, their rights obtained, and their lives uplifted. Riel has been called the first prairie populist politician. A plaque accompanying the monumental statue of Louis Riel which stands adjacent to the magnificent Manitoba Legislative Buildings in Winnipeg reads in part as follows: In 1992, the Parliament of Canada and the Legislative Assembly of Manitoba formally recognized Riel’s contribution to the development of the Canadian Confederation and his role, and that of the Métis, as founders of Manitoba. Many of the demands in the Bill of Rights he championed for the Métis and for Westerners in 1885 came to pass after his unjust execution. Results of his leadership of the Métis include Manitoba becoming a Province of Canada in 1870; the people of what is now Saskatchewan and Alberta winning the right to vote and be elected Members of Parliament in 1886, and responsible government in 1887, and Provincial status in 1905. Other notable outcomes inspired by Riel’s life include the Métis people being specifically recognized in the Constitution Act of Canada, 1982 and his being looked upon by the Métis as a hero and their greatest symbol. Riel has been the subject of stage, radio, film, opera, television, documentaries, monuments, and a postage stamp. More books, biographies, and articles have been written about this charismatic Métis icon than any other Canadian in history. Riel is honored every year in a number of Canadian cities with flag raising ceremonies. These are held at city halls and other public places including his grave site in St. Boniface. Manitoba’s statutory Family Holiday in February has been named “Louis Riel Day”. Louis Riel is an inspiration to Métis people. It is as a result of his dedication, leadership, and legacy that the Métis today can be “PROUD TO BE MÉTIS”. His fight for basic human rights and democracy in Western Canada is truly memorable. Is Riel a hero? If a hero is one who forfeits his life as a result of fighting for the rights of his people and others in a just cause, then Louis Riel is a hero not only to the Métis but also to all Canadians who believe in and fight for basic human rights. LONG LIVE THE MEMORY OF LOUIS RIEL.

Prepared by: George and Terry Goulet November, 2012

Page 140 of 147 Page 141 of 147 From: Community Services Sent: Friday, October 10, 2014 9:21 AM To: Community Services Subject: Mayor Jarvis Retirement

His Worship, Mayor Jarvis, District of Taylor, is retiring after 35 years in public service. We are having a special retirement gala for him on December 10th in Taylor, B.C. A formal invite addressed to you will arrive shortly in the mail. In the meantime, we would like to request special letters of congratulations to him from the Mayors of British Columbia and the Peace Region on his service. These letters will be bound in a commemorative album that he can have as a keepsake from his peers.

The letters can be mailed to: Ms. Laura Prosko Director, Community Services and Economic Development PO Box 300 District of Taylor, B.C. V0C-2K0

Any questions, please call Ms. Prosko directly at 250-793-7321 on her cell.

Best regards, Catie Haggstrom

Community Services Department District of Taylor

10007 100A Street Box 300 Taylor BC V0C 2K0

Ph: 250-789-3392 Fax: 250-789-3543

www.districtoftaylor.com

Page 142 of 147 From: Mayor John Ruttan Sent: Wednesday, October 15, 2014 4:23 PM Subject: Request for a Letter of Support for Island Ferry Services

Good Afternoon,

I have attached a copy of my “Letter of Support” for the pending Island Ferries service between Downtown Nanaimo and Downtown Vancouver. We are at a very critical point in discussions with senior governments, and your support of this essential, passenger-only service would be extremely important.

Thank you for your consideration.

Sincerely,

Mayor John Ruttan City of Nanaimo

Page 143 of 147 o

O, October 15, 2014 oo

To: Mayors and Regional Chairs

I am writing to ask for your consideration by wayLetter of of a Support for Island Ferry Services Ltd., the proposed high-speed passenger-only ferry to operate between downtown Nanaimo and downtown Vancouver. The City of Nanaimo believes the establishment of this convenient harbour-to-harbour ferry service will provide Mid-Island and Vancouver residents a valuable transportation alternative. We have been in regular discussions with the Federal Government, and more recently, the Province, urging their financial involvement.

A high-speed, passenger-only ferry will provide considerable economic benefit for both Vancouver Island and the Lower Mainland. If we are to realize our full potential for growth, it is essential that we provide greater capacity, additional options and faster routes for moving passengers across the Strait of Georgia. As you are aware, the existing transportation link is limited to the slow, car-oriented BC Ferries service or the faster, but weather dependent and more expensive, seaplanes, the largest of which has a maximum capacity of approximately 15 passengers.

Island Ferry Services Ltd. offers a promising ferry alternative based on a sound business plan that both the Federal and Provincial Governments have acknowledged. Each of their two ferries has a capacity of 376 passengers and can operate in a wide range of weather, including night and fog conditions. With a targeted harbour-tp-harbour crossing time of 68 minutes, Island Ferry Services Ltd. vessels will allow passengers to travel quickly, conveniently and at a moderate cost. Better still, in Vancouver, this service is expected to operate from the Sea Bus Terminal, providing convenient and inexpensive access to the Vancouver Airport via the Sky Train.

To make this ferry service more of a reality, and to provide the residents and businesses across our communities better access to one another, please assist our efforts by forwarding your response to me expressing support for this service and the benefits it extends to everyone.

Thank you for your consideration.

Sincerely,

CITY HALL, 4 5 5 WALLACE STREET, NANAIMO, BRITISH COLUMBIA, CANADA V 9 R 5J6 TELEPHONE (250) 755-4400 WEBSITE www.nanaimo.ca Page 144 of FAX 147 (250) 754-8263 ^<3^ Lists of Recipients re email from Mayor Ruttan re Letter of Support for Island Ferry Services:

Alberni-Clayoquot District Chair, Cindy Sedola Central Saanich Mayor Alastair Bryson City of Campbell River Mayor Walter Jakeway City of Colwood Mayor Carol Hamilton City of Courtenay Mayor Larry Jangula City of Duncan Mayor Phil Kent City of Langford Mayor Stewart Young City of Parksville Mayor Chris Burger City of Port Alberni Mayor John Douglas City of Vancouver Mayor Gregor Robertson City of Victoria Mayor Dean Fortin District of Lantzville Mayor Jack De Jong District of Saanich Mayor Frank Leonard District of Tofino Mayor Josie Osborne District of Ucluelet Mayor Bill Irving District of North Cowichan Mayor Jon Lefebure Oak Bay, District Mayor Nils Jensen Port Hardy, District Deputy Mayor Debbie Huddlestan Regional District of Nanaimo Chair Joe Stanhope Town of Comox Mayor Paul Ives Town of Ladysmith Mayor Robert Hutchins Town of Lake Cowichan Mayor Ross Forrest Town of Port McNeill Mayor Gerry Furney Town of Qualicum Beach Mayor Teunis Westbroek Town of Sidney Mayor Larry Cross

Page 145 of 147 Advisingthe MayorandCouncilof CampbellRiver Minutes September 18, 2014

Members Present: Beverley Gill, Melanie Olsen, Ron Nicolaye, Richard Boehm, Judy Ridgway, Trisha Bro, Isabel and Jeremy

CORRESPONDENCE: None

OLD BUSINESS: -Benches at Hidden Harbour and at the top of Rockland and Alder hill: Ron said that he hadn’t heard back from the City on this issue. He would take pictures, and would forward them to Judy. This issue should be placed in the Diary of future Agendas.

-Legacy Landmarks program affecting picnic table at Foreshore Park Beverley had proposed originally that the picnic table that CRAAC had purchased and arranged to be placed in Foreshore Park should not be subject to the legacy landmarks program. Judy will contact Grant at public works with the City to clarify this matter.

-Curb cut in front of TD Bank It is very difficult for people using wheelchairs or scooters to reach the TD Bank at Timberline Mall at Hilchey and Dogwood. Ron will take pictures of the current situation there. It would be much handier if a curb cut existed in front of the bank.

-Nunns Creek clean up This was an item from last spring that Beverley had noticed in the newspaper. Beverley will try to contact the person heading up the project for more information.

-Making the Tidemark more accessible Several people from CRAAC had met last July to discuss ideas for improving accessibility at the Tidemark. A letter was sent to the manager of the Tidemark with suggestions, such as: increasing seating in the lobby; making it easier to use the ramp and the side door; improving lighting in the auditorium; making it possible to go on stage from inside the auditorium; and to go from the dressing room area to the auditorium. Nothing has been received in return from Tidemark management so far.

-New bus shelters, and improvements Members from CRAAC met with Counsellor Sampson to discuss the location of 6 new proposed bus shelters. CRAAC submitted a letter with 10 suggestions from which the City could make its selections. There were several suggestions made for making the shelters more attractive and welcoming to users: weeds, grass and trees could be removed; lighting could be improved; sidewalks could be widened in front of shelters; tactile strips could be placed in front of shelters like they are at the Community Centre;

City of Campbell River • 301 St. Ann’s Road, Campbell River, BC, V9W 4C7 Phone: (250) 286.1161 + Fax: (250) 830-0164 • E-mail:judy.ridgwaycampbellriver.ca Page 146 of 147 If’

Advisingthe Mayorand Councilof CampbellRiver

garbage cans should be placed at all shelters; and shelters should be built to hold at least 2 wheelchairs. These meetings were very positive and productive.

NEW BUSINESS: -Improving housing affordability for disabled persons A discussion of this issue was delayed to the next meeting.

-Emergency preparedness Beverley raised the topic of emergency preparedness which CRAAC had tried to raise with the City several years ago. At that time, the emergency preparedness group had wanted us to document all persons with disabilities residing in the City. The Disability Alliance of B. C., formerly known as the B. C. Coalition of Persons With Disabilities, (BCCPD), has produced a handbook of requirements which all cities need to be aware of. CRAAC needs to print off a copy of these requirements and submit them to the city for future construction projects.

-Increasing accessibility Melanie informed us about the Increasing Accessibility program which the B. C. government has been conducting. The goal of this program is to improve employment and accessibility to all residents of the province, and to make conditions more accessible than anywhere else in the country. Meetings were held throughout the province in the last several months, and the suggestions from those meetings went into the writing of this project.

-Beach mats Judy was very excited to tell us about these beach mats that make it possible for persons in wheelchairs, strollers or scooters to access beach areas. These mats are located at Goose Spit in Comox. Judy went on a field trip to inspect the beach mats, and found them very sturdy and supportive. She showed pictures of these mats. These beach mats could be useful in this area too. Judy will write a letter recommending that the City invest in these mats, and install them in particular spots along the shoreline in town. We discussed Ken Forde beach as being the most like Goose Spit beach in Comox where the mats are located.

Next meeting: October 16th, 3:30pm Community Centre

City of Campbell River • 301 St. Ann’s Road, Campbell River, BC, V9W 4C7 Phone: (250) 286-1161 • Fax: (250) 830-0164 • E-mail: judy.ridgwaycampbellriver.ca Page 147 of 147