COUNCIL CORRESPONDENCE UPDATE TO NOVEMBER 6, 2020 (8:30 a.m.)

Referred for Action (1) October 30, 2020, regarding “Fireworks on the Capilano Reserve” (Referred for consideration and response) (2) November 2, 2020, regarding “Re: FW: Collingwood - Noise Complaint” (Referred for consideration and response) (3) November 2, 2020, regarding “re: fireworks” (Referred for consideration and response) (4) Collingwood School, November 2, 2020, regarding “Response from Collingwood re: Noise Complaint” (Referred for consideration and response) (5) November 2, 2020, regarding “Horseshoe Bay construction causing power failures” (Referred for consideration and response) (6) November 3, 2020, regarding “CN vs West ” (Referred for consideration and response) (7) November 3, 2020, regarding “Unbelievable!” (Palm Trees in Dundarave) (Referred for consideration and response) (8) November 4, 2020, regarding Cell Phone Reception Complaint (Referred for consideration and response) Referred for Action from Other Governments and Government Agencies No items. Received for Information (9) Committee and Board Meeting Minutes – Board of Variance Hearing, June 17 and September 23, 2020; Arts & Culture Advisory Committee meeting September 8, 2020; Public Art Advisory Committee meetings, September 8 and 15, 2020 (10) 16 submissions, October 29 - November 5, 2020, regarding Feedback on Twitter Post (11) 5 submissions, October 30 - November 5, 2020, regarding Preliminary Development Proposal for Inglewood Campus of Care (12) 25 submissions, October 30 - November 3, 2020, regarding Tree Bylaw No. 4892, 2016 (13) November 1, 2020, regarding “Re: A Life Not Chosen” (The Story of Ethlyn Trapp and her Father) (14) 3 submissions, November 2-4, 2020, regarding Fireworks Ban Request (15) Chamber of Commerce (2 submissions), November 2 and 5, 2020, regarding Leader to Leader Series (November 5, 2020) (16) West Van Matters, November 2, 2020, regarding Council Meeting Update (17) November 3, 2020, regarding “Nora’s comments are end of meeting re: responses”

4137754v2 (18) November 3, 2020, regarding “Use of district email for Councillors” (19) November 3, 2020, regarding “The Global Spread of the "Virus of Fear" -” (20) November 3, 2020, regarding Council Code of Conduct (21) November 4, 2020, regarding “Green city initiative!” (22) HUB Cycling, November 5, 2020, regarding “November Bike Bulletin” (23) November 6, 2020, regarding “Cameron - Translink etc” (Patio Pilot Program - Temporary Lane Closure in Dundarave) (24) November 6, 2020, regarding “Unbeleiveable” (Poppy-Wearing Ban for Whole Foods Staff) Received for Information from Other Governments and Government Agencies (25) P. Weiler, M.P. (West Vancouver-Sunshine Coast-Sea to Sky Country), November 5, 2020, regarding “November 2020 - MP Update” Responses to Correspondence (26) Acting Manager of Bylaw & Licensing Services, November 2, 2020, response regarding “Re: FW: Collingwood - Noise Complaint” (27) Manager of Current Planning & Urban Design, November 2, 2020, response regarding “Cannabis licensing” (28) Manager of Environmental Protection, November 3, 2020, response regarding Tree Preservation (29) Acting Manager of Bylaw & Licensing Services, November 3, 2020, response to Collingwood School regarding “Response from Collingwood re: Noise Complaint” (30) Director of Engineering & Transportation Services, November 4, 2020, response regarding “Horseshoe Bay construction causing power failures”

4137754v2 (1)

Mahssa Beattie

s. 22(1) From: Sent: Friday, October 30, 2020 8:40 PM To: MayorandCouncil Subject: Fireworks on the Capilano Reserve

I live at s. 22(1) , West Vancouver and I am perplexed why so many community members are allowed to sell Fireworks this time of year. I'm more perplexed, and distressed, by how many fireworks are set off so close to our home, at all hours of the night. It literally sounds like we are living in a war‐torn country with bombs going off right outside our door. The last explosion shook our windows and when I looked outside, I could see smoke coming from our front lawn. This scares the shit out of my dogs and all of the other dogs in the neighborhood and I'm sure that the young children and elders don't appreciate it either. My landlord said that a couple years ago, the siding on her house had to be replaced because some fireworks melted it.

I'm sure I'm not the first to complain, but I'm curious to know if there is any plan to stop this distressing activity moving forward.

s. 22(1) (2)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 8:43 AM To: MayorandCouncil Cc: Sheryl LeBlanc; [email protected]; Robert Bartlett Subject: Re: FW: Collingwood - Noise Complaint

All,

Contrary to what your Sheryl LeBlanc wrote (see below), contacting directly the so called By Law Enforcement, once again turned to be the least efficient way of communications!

I presume that she is still investigating the matter from June 17, 2020(see below) ... and to date, after over one year (see below again) the district at large accomplished absolutely NOTHING!

In the mean time Collingwood's garbage truck often (almost regularly) arrives before 7:30 am. Most recently; on October 19, 2020 it was as early as 7:05 am and today it was at 6:38 am (six thirty eight in the morning)!

As you know, many months ago Collingwood made a commitment to padlock the garbage shed for the night. Evidently, once again it was nothing more than another promise that they never intended to keep for more than a couple of days, sometimes a couple of weeks at the very best.

Furthermore. Please confirm or deny, if I am wrong; in my understanding noisy football practices on Collingwood field, which start at 7:00 am, actually at 6:55 am to be exact, are also in violation of the municipal bylaw. Sadly it seems that this is not part of the school operation, but rather Collingwood School's commercial activity i.e. the football field rental. It is definitely the case during lawful hours.

s. 22(1)

On Thu, Jun 18, 2020 at 11:07 AM Sheryl LeBlanc wrote:

Good Afternoon, s. 22(1) , Thank you for your email. I will follow up with Collingwood School and the contractor today.

In future, please copy [email protected] or contact 604‐925‐7152 to file reports of concern, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Wednesday, June 17, 2020 7:04 AM To: Sheryl LeBlanc Subject: Re: FW: Collingwood ‐ Noise Complaint

Hi,

Evidently tickets are not enough.

Today truck for Collingwood garbage arrived again at 6:55 am

s. 22(1)

On Fri, Nov 29, 2019 at 10:26 AM Sheryl LeBlanc wrote: Good Morning s. 22(1)

Thank you for your email, which has been forwarded to me for response.

Staff have confirmed that Collingwood School has directed the service provider to attend within the allowable hours. Staff have issued 3 tickets to date directly to the service provider, and we will look into the incident this morning which will likely result in an additional ticket.

From here, our Licence Inspector will follow-up with the business, as they are not operating in compliance with municipal bylaws.

In future, please copy [email protected] on reports of concerns, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

------Original message ------From: s. 22(1)

Date: 2019-11-29 6:59 a.m. (GMT-08:00)

To: Sarah Almas

Cc: Nina Leemhuis , Mary-Ann Booth , Nora Gambioli , Peter Lambur , Sharon Thompson , Marcus Wong , Bill Soprovich , Craig Cameron

Subject: Re: FW: Draft Response re: Collingwood - Mayor and Council

Be inform that today Colingwood truck arrived at 6;45 am. It is 6:57. The truck is just leaving

Have a great day.

s. 22(1)

On Mon, Nov 25, 2019 at 10:06 AM s. 22(1) wrote:

Mrs. Almas,

As you requested I am reporting that today Collingwood's garbage truck arrived at 7:14am.

I categorically demand nothing more and nothing less than strict enforcement of the law of the land; something that has chronically not been delivered and before one problem is even tackled at the "Round Table", Collingwood step by step starts to deprive its neighbours from other statutory rights. Most recently you wrote:

... "Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps".

Why must the district before taking any action, first seek approval from Collingwood ?

Sincerely,

s. 22(1) On Sat, Nov 23, 2019 at 5:00 PM s. 22(1) wrote:

Mrs. Almas,

Your response is puzzling. Unlike Collingwood's garbage, regarding more important issues, instead of enforcement, after four weeks of deliberations you talk about negotiations with "the School Traffic Advisory Round Table group", as if these matters were never before discussed and concluded upon. In addition, I am alarmed that this process would involve the majority (four of seven) of the same "elected officials" who created these absurdities. In a nut shell:

The elected official, Bill Soprovich offered his assistance and participated in meetings of the Glenmore Neighbourhood Committee (the Committee) to the very last moment before the voting ceremony, when he excused himself, because voting would elevate the common understanding of breach of ethics to legally breaching the code of ethics.

The elected official, Pamela Goldsmith-Jones, collaborated the covenant, which instead of providing guarantees for the implementation of the agreement between the Committee and Collingwood that she initiated and endorsed, could be easily manipulated to serve interests of Collingwood... and indeed, "elected officials" Nora Gambioli, Craig Cameron and Mary-Ann Booth led by the acclimated mayor Michael Smith did exactly that. They reversed the resolution back to the problem and the manner in which they achieved this was disgraceful.

Mrs. Goldsmith-Jones admitted that ..."it does not make sense"... because it would be completely disconnected from the spirit of the agreement and it would be contrary to" the intent of the covenant. She, promised to talk about that with "Mike", but refused to repeat the same publically. After all, she was already focused on the federal election... and Collingwood got more than they were dreaming of. Now your response sounds as if in that rush "to be done with it", the district omitted even those conditions that Collingwood offered upfront, asking for the redevelopment permit.

Of course Collingwood quickly took every advantage of that favour and moved their garbage bins to the limit of their property; s. 22(1) The district refused to even talk about that and Collingwood further tested the boundary. They converted their parking into the bus hub servicing both of their campuses. The district again refused to intervene, so Collingwood pushed their traffic havoc from their property back on to our streets, while their circular drive way is half empty.

Sadly, it seems this madness still continues and will continue. Therefore by the copy of this email I am asking each of the four "elected officials, if they realized how much value s. 22(1) lost because of it and if they would do the same if it was their property? Nobody wants to s. 22(1) from the garbage shed and a bus lot. That wasa repeated sticking point for buyers.

Sincerely,

s. 22(1)

On Mon, Nov 18, 2019 at 2:33 PM Sarah Almas wrote:

Good afternoon s. 22(1) ,

The traffic and parking concerns raised have been brought forward to the School Traffic Advisory Round Table group, consisting of representatives from various groups with expertise in school traffic including Engineering Services, Bylaw Services, West Vancouver Police, ICBC, School District, and elected officials. A site visit and assessment took place last week involving members of the committee representing Bylaw Services, Engineering and Transportation, West Vancouver Police, and Collingwood School. Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps.

Further to my previous email, a call for service was created in response to reports of early garbage collection, and staff have followed up with Collingwood School. If collection occurs prior to 7:30 a.m., please report directly to the Bylaw Services Department at 604‐925‐7152 or [email protected] so that we can ensure the most efficient response.

Sincerely,

Sarah Almas

Manager, Bylaw & Licensing Services | District of West Vancouver

t: 604-925-7153 | westvancouver.ca This email and any fi les transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Tuesday, November 12, 2019 8:04 AM To: Sarah Almas Cc: Nina Leemhuis ; MayorandCouncil ; [email protected] Subject: Re: Colingwood traffic

Ms. Almas,

s. 22(1) presumption was right on the money. There was no meaningful response from the school nor from the municipality... Collingwood stated that first they must review "historical understanding" of this, you said that "staff are looking into this", announced an update "next week"... and three (3) weeks already went by.

The district is the master of how to look into this and do NOTHING about it.

On parking issues, directly related to the traffic, your department is also looking into it since we staged the parking protest on Morven Drive during the construction of the new school. Then the bylaw enforcement was here within an hour with a measuring tape... to conclude upon measurments that our cars were parked 100% legally, but to date regarding Collingwood's notorious illegal parking on Morven Drive you did ABSOLUTELY NOTHING and that street is still used for Collingwood's unlawful day parking, because their above ground parking is used as a bus hub (see attached last week photos).

In fact to date you did not even bother to clarify what "School Days" legally means (see third photo), so, a resident or Glenmore resident's guest(s) always risk a parking ticket, especially, that the school has started to operate all year round, during the summer traffic controllers were absent, and fewer cars generated the same degree of havoc.

Similarly for years, Collingwood has been addressing unlawful hours of their garbage pickup and I am sure that your staff will look into it for more years to come, take no action and receive for it full appreciation from the same four councillors who recklessly created that mess.

Sincerely,

s. 22(1)

On Wed, Nov 6, 2019 at 5:30 PM s. 22(1) s. 22(1) wrote:

Good Evening Neighbours,

s. 22(1) , sent an email (forwarded here) to Collingwood School describing the mayhem causes by the school related traffic. The traffic is particularly bad in the afternoon when hundreds of cars are blocking Stevens Drive and Glengarry Crescent.

It doesn't appear that there was any response so far from the school or from our municipality, which received copy of s. 22(1) email.

If this traffic chaos continues I suggest that our neighbourhood should contact both the school and our municipality and demand a corrective action to be taken without delay.

s. 22(1) thank you for taking the initiative.

Regards to all,

s. 22(1) ------Forwarded message ------From: s. 22(1) Date: Mon, 21 Oct 2019 at 15:17 Subject: Fwd: Colingwood trafic To: s. 22(1)

Hi s. 22(1)

Please distribute at your discussion.

Regards, s. 22(1)

------Forwarded message ------From: s. 22(1) Date: Mon, Oct 21, 2019 at 3:13 PM Subject: Colingwood trafic To: Cc: ,

Dear Beverley von Zielonka,

Like s. 22(1) , last week I received the letter from a couple of Collingwood parents apologizing in advance for any inconvenience the Collingwood Gala special event may cause.

Special events are not the problem. The major problem is the daily nuisance caused by Collingwood traffic during student pick up hours.

Only for a very short period, immediately after the construction, still under Mr. Wright, Collingwood played by the rules, proving that indeed it has the capacity to accommodate it's traffic on it's own property. Since then, step by step, the situation has worsened. This year that trend accelerated exponentially. During student pick up hours Collingwood traffic jams often lengthen up to Stevens Drive. In fact several times back to Deep Dene, and students are picked up all along that stretch causing even greater havoc. Most importantly. It happens regularly, I mean every day, that some parents are loosing patience waiting in the queue, jump the line, and "speed" down on the wrong side of the road against oncoming traffic, cutting corners at the intersection of Glenmore and Glengarry, around the tennis courts and at the intersection of Glengarry and Morven. There were already several close calls.

It is only a matter of time that a serious accident will happen!

To get us faster to the point. Collingwood must utilize to the maximum, the full length of the circular drive way, including the second half of the circular drive way from the entrance to the building, up to the exit from the school property and cars should park parallel, if necessary, AND frankly, we do not care that it might be inconvenient for your clients! As long as there is one single free spot on Collingwood property, not a single Collingwood car should jam the neighbourhood streets. You must do that not as favour. This is your obligation. This is the commitment Collingwood made. This was the condition, under which the construction of that nonsense proceeded.

By the copy of this email I request the district of West Vancouver to confirm or deny whether or not the district ever released Collingwood from that obligation.

In any case, It is absolutely ridiculous that while Collingwood students are picked up at their convenience along the streets of our neighbourhood, our kids must cross these streets in dangerous situations caused by Collingwood School, which does not play by rules proposed itself.

Sincerely,

s. 22(1) (3)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 11:12 AM To: MayorandCouncil Subject: re: fireworks

Is West Vancouver going to ban fireworks as Vancouver has? it was a terrible display of loud noises etc..not anything else for over an hour from 9 p;m. on Saturday. They are a fire hazard and can harm people and children. I think with people out of work and suffering with COVID it is time to get rid of this ! The animals hate it and the kids only want a great night out out to get candy!

s. 22(1) (4)

Mahssa Beattie

From: Lisa Evans Sent: Monday, November 2, 2020 1:48 PM To: MayorandCouncil; Sheryl LeBlanc; Robert Bartlett Cc: Angela Nielsen Subject: Response from Collingwood re: Noise Complaint

Good afternoon, Mayor Booth, Council Members, Robert and Sheryl.

I want to update you on the complaint that we all received today from a neighbour, s. 22(1) , about the garbage truck arriving to our Morven Campus School. We have checked our security footage and can confirm that the truck was here earlier than our stated pick‐up time this morning. Unfortunately, we did not know that something similar had occurred a couple of weeks ago. Whenever we hear that this has happened, we are in immediate contact with the company. This is completely unacceptable from the School’s point of view and we have demanded changes from the garbage company provider.

Collingwood School continues to work closely with West Vancouver District staff to send screenshots of when the garbage truck is not abiding by stated rules to By‐Law Officers. We are in full support that the company deserves to be fined. We have told the garbage company that we are partnering with District officials and sending visual proof of infractions to ensure that the company abides by the municipality’s Noise Control Bylaw.

We have also told the garbage truck provider that we expect them to abide by District of West Vancouver By‐Laws or else we will be looking for a different company to provide our pick‐up service.

I also wish to clarify that the field use that s. 22(1) mentioned in his e‐mail is not a turf field rental. Our own Collingwood students and staff have been out on our Morven field for morning practice some mornings during the fall. We have continued to provide opportunities for students to be physically active by training with their learning groups and coaches. We have not had any scheduled games or competitions because this is not permitted by BC School Sports during the Covid‐19 pandemic. We have just transitioned from fall sports to winter sports this past week, and so there will no longer be any morning practices outside until the spring time.

If there are any By‐Laws which refer to student athletes being active in the morning on their own school’s property, I would appreciate knowing this. I am leading the School with the assumption that we can use our facilities for our student activities during the school day.

Sincerely,

Lisa

From: s. 22(1) Sent: Monday, November 2, 2020 8:43 AM To: [email protected] Cc: [email protected]; Lisa Evans ; [email protected] Subject: Re: FW: Collingwood ‐ Noise Complaint

All,

Contrary to what your Sheryl LeBlanc wrote (see below), contacting directly the so called By Law Enforcement, once again turned to be the least efficient way of communications!

I presume that she is still investigating the matter from June 17, 2020(see below) ... and to date, after over one year (see below again) the district at large accomplished absolutely NOTHING!

In the mean time Collingwood's garbage truck often (almost regularly) arrives before 7:30 am. Most recently; on October 19, 2020 it was as early as 7:05 am and today it was at 6:38 am (six thirty eight in the morning)!

As you know, many months ago Collingwood made a commitment to padlock the garbage shed for the night. Evidently, once again it was nothing more than another promise that they never intended to keep for more than a couple of days, sometimes a couple of weeks at the very best.

Furthermore. Please confirm or deny, if I am wrong; in my understanding noisy football practices on Collingwood field, which start at 7:00 am, actually at 6:55 am to be exact, are also in violation of the municipal bylaw. Sadly it seems that this is not part of the school operation, but rather Collingwood School's commercial activity i.e. the football field rental. It is definitely the case during lawful hours.

s. 22(1)

On Thu, Jun 18, 2020 at 11:07 AM Sheryl LeBlanc wrote:

Good Afternoon, s. 22(1) ,

Thank you for your email. I will follow up with Collingwood School and the contractor today. In future, please copy [email protected] or contact 604‐925‐7152 to file reports of concern, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Wednesday, June 17, 2020 7:04 AM To: Sheryl LeBlanc Subject: Re: FW: Collingwood ‐ Noise Complaint

Hi,

Evidently tickets are not enough.

Today truck for Collingwood garbage arrived again at 6:55 am

s. 22(1)

On Fri, Nov 29, 2019 at 10:26 AM Sheryl LeBlanc wrote:

Good Morning s. 22(1) , Thank you for your email, which has been forwarded to me for response.

Staff have confirmed that Collingwood School has directed the service provider to attend within the allowable hours. Staff have issued 3 tickets to date directly to the service provider, and we will look into the incident this morning which will likely result in an additional ticket.

From here, our Licence Inspector will follow-up with the business, as they are not operating in compliance with municipal bylaws.

In future, please copy [email protected] on reports of concerns, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

------Original message ------

From: s. 22(1)

Date: 2019-11-29 6:59 a.m. (GMT-08:00) To: Sarah Almas

Cc: Nina Leemhuis , Mary-Ann Booth , Nora Gambioli , Peter Lambur , Sharon Thompson , Marcus Wong , Bill Soprovich , Craig Cameron

Subject: Re: FW: Draft Response re: Collingwood - Mayor and Council

Be inform that today Colingwood truck arrived at 6;45 am. It is 6:57. The truck is just leaving

Have a great day.

s. 22(1)

On Mon, Nov 25, 2019 at 10:06 AM s. 22(1) wrote:

Mrs. Almas,

As you requested I am reporting that today Collingwood's garbage truck arrived at 7:14am.

I categorically demand nothing more and nothing less than strict enforcement of the law of the land; something that has chronically not been delivered and before one problem is even tackled at the "Round Table", Collingwood step by step starts to deprive its neighbours from other statutory rights. Most recently you wrote:

... "Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps".

Why must the district before taking any action, first seek approval from Collingwood ?

Sincerely,

s. 22(1)

On Sat, Nov 23, 2019 at 5:00 PM s. 22(1) wrote:

Mrs. Almas, Your response is puzzling. Unlike Collingwood's garbage, regarding more important issues, instead of enforcement, after four weeks of deliberations you talk about negotiations with "the School Traffic Advisory Round Table group", as if these matters were never before discussed and concluded upon. In addition, I am alarmed that this process would involve the majority (four of seven) of the same "elected officials" who created these absurdities. In a nut shell:

The elected official, Bill Soprovich offered his assistance and participated in meetings of the Glenmore Neighbourhood Committee (the Committee) to the very last moment before the voting ceremony, when he excused himself, because voting would elevate the common understanding of breach of ethics to legally breaching the code of ethics.

The elected official, Pamela Goldsmith-Jones, collaborated the covenant, which instead of providing guarantees for the implementation of the agreement between the Committee and Collingwood that she initiated and endorsed, could be easily manipulated to serve interests of Collingwood... and indeed, "elected officials" Nora Gambioli, Craig Cameron and Mary-Ann Booth led by the acclimated mayor Michael Smith did exactly that. They reversed the resolution back to the problem and the manner in which they achieved this was disgraceful.

Mrs. Goldsmith-Jones admitted that ..."it does not make sense"... because it would be completely disconnected from the spirit of the agreement and it would be contrary to" the intent of the covenant. She, promised to talk about that with "Mike", but refused to repeat the same publically. After all, she was already focused on the federal election... and Collingwood got more than they were dreaming of. Now your response sounds as if in that rush "to be done with it", the district omitted even those conditions that Collingwood offered upfront, asking for the redevelopment permit.

Of course Collingwood quickly took every advantage of that favour and moved their garbage bins to the limit of their property; s. 22(1) . The district refused to even talk about that and Collingwood further tested the boundary. They converted their parking into the bus hub servicing both of their campuses. The district again refused to intervene, so Collingwood pushed their traffic havoc from their property back on to our streets, while their circular drive way is half empty.

Sadly, it seems this madness still continues and will continue. Therefore by the copy of this email I am asking each of the four "elected officials, if they realized how much value s. 22(1) lost because of it and if they would do the same if it was their property? Nobody wants to s. 22(1) from the garbage shed and a bus lot. That wasa repeated sticking point for buyers.

Sincerely,

s. 22(1) On Mon, Nov 18, 2019 at 2:33 PM Sarah Almas wrote:

Good afternoon s. 22(1) ,

The traffic and parking concerns raised have been brought forward to the School Traffic Advisory Round Table group, consisting of representatives from various groups with expertise in school traffic including Engineering Services, Bylaw Services, West Vancouver Police, ICBC, School District, and elected officials. A site visit and assessment took place last week involving members of the committee representing Bylaw Services, Engineering and Transportation, West Vancouver Police, and Collingwood School. Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps.

Further to my previous email, a call for service was created in response to reports of early garbage collection, and staff have followed up with Collingwood School. If collection occurs prior to 7:30 a.m., please report directly to the Bylaw Services Department at 604‐925‐7152 or [email protected] so that we can ensure the most efficient response.

Sincerely,

Sarah Almas

Manager, Bylaw & Licensing Services | District of West Vancouver

t: 604-925-7153 | westvancouver.ca

This email and any fi les transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you. From: s. 22(1) Sent: Tuesday, November 12, 2019 8:04 AM To: Sarah Almas Cc: Nina Leemhuis ; MayorandCouncil ; [email protected] Subject: Re: Colingwood traffic

Ms. Almas,

s. 22(1) presumption was right on the money. There was no meaningful response from the school nor from the municipality... Collingwood stated that first they must review "historical understanding" of this, you said that "staff are looking into this", announced an update "next week"... and three (3) weeks already went by.

The district is the master of how to look into this and do NOTHING about it.

On parking issues, directly related to the traffic, your department is also looking into it since we staged the parking protest on Morven Drive during the construction of the new school. Then the bylaw enforcement was here within an hour with a measuring tape... to conclude upon measurments that our cars were parked 100% legally, but to date regarding Collingwood's notorious illegal parking on Morven Drive you did ABSOLUTELY NOTHING and that street is still used for Collingwood's unlawful day parking, because their above ground parking is used as a bus hub (see attached last week photos).

In fact to date you did not even bother to clarify what "School Days" legally means (see third photo), so, a resident or Glenmore resident's guest(s) always risk a parking ticket, especially, that the school has started to operate all year round, during the summer traffic controllers were absent, and fewer cars generated the same degree of havoc.

Similarly for years, Collingwood has been addressing unlawful hours of their garbage pickup and I am sure that your staff will look into it for more years to come, take no action and receive for it full appreciation from the same four councillors who recklessly created that mess.

Sincerely,

s. 22(1) On Wed, Nov 6, 2019 at 5:30 PM s. 22(1) s. 22(1) wrote:

Good Evening Neighbours,

s. 22(1) , sent an email (forwarded here) to Collingwood School describing the mayhem causes by the school related traffic. The traffic is particularly bad in the afternoon when hundreds of cars are blocking Stevens Drive and Glengarry Crescent.

It doesn't appear that there was any response so far from the school or from our municipality, which received copy of s. 22(1) email.

If this traffic chaos continues I suggest that our neighbourhood should contact both the school and our municipality and demand a corrective action to be taken without delay. s. 22(1) thank you for taking the initiative.

Regards to all,

s. 22(1)

------Forwarded message ------From: s. 22(1) > Date: Mon, 21 Oct 2019 at 15:17 Subject: Fwd: Colingwood trafic To: s. 22(1) Hi s. 22(1)

Please distribute at your discussion.

Regards, s. 22(1)

------Forwarded message ------From: s. 22(1) Date: Mon, Oct 21, 2019 at 3:13 PM Subject: Colingwood trafic To: Cc: ,

Dear Beverley von Zielonka,

Like s. 22(1) , last week I received the letter from a couple of Collingwood parents apologizing in advance for any inconvenience the Collingwood Gala special event may cause.

Special events are not the problem. The major problem is the daily nuisance caused by Collingwood traffic during student pick up hours.

Only for a very short period, immediately after the construction, still under Mr. Wright, Collingwood played by the rules, proving that indeed it has the capacity to accommodate it's traffic on it's own property. Since then, step by step, the situation has worsened. This year that trend accelerated exponentially. During student pick up hours Collingwood traffic jams often lengthen up to Stevens Drive. In fact several times back to Deep Dene, and students are picked up all along that stretch causing even greater havoc.

Most importantly. It happens regularly, I mean every day, that some parents are loosing patience waiting in the queue, jump the line, and "speed" down on the wrong side of the road against oncoming traffic, cutting corners at the intersection of Glenmore and Glengarry, around the tennis courts and at the intersection of Glengarry and Morven. There were already several close calls.

It is only a matter of time that a serious accident will happen!

To get us faster to the point. Collingwood must utilize to the maximum, the full length of the circular drive way, including the second half of the circular drive way from the entrance to the building, up to the exit from the school property and cars should park parallel, if necessary, AND frankly, we do not care that it might be inconvenient for your clients! As long as there is one single free spot on Collingwood property, not a single Collingwood car should jam the neighbourhood streets. You must do that not as favour. This is your obligation. This is the commitment Collingwood made. This was the condition, under which the construction of that nonsense proceeded.

By the copy of this email I request the district of West Vancouver to confirm or deny whether or not the district ever released Collingwood from that obligation.

In any case, It is absolutely ridiculous that while Collingwood students are picked up at their convenience along the streets of our neighbourhood, our kids must cross these streets in dangerous situations caused by Collingwood School, which does not play by rules proposed itself.

Sincerely,

s. 22(1) (5)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 11:01 PM To: MayorandCouncil Subject: Horseshoe Bay construction causing power failures

Madam mayor and councillors, Horseshoe Bay faced today its 3rd (or was it 4th?) power failure for 10 hours or so due, again, to a large truck related to village construction taking down the power pole at the roundabout at the top of Nelson Ave. While I can understand that such an accident can happen once, I question why it would happen 3 (or 4?) times within a month or less. Isn’t it obvious by now that the corner is too tight for large trucks to access the village this way? Does the replacement power pole really have to be placed in the exact same location? Does anyone care that each time, the power failure affects all residents for an extended period — this is especially difficult for people trying to work from home at a critical time for Covid, without internet, and in some cases phone (internet phone)? The previous time we were without power overnight... Doesn’t this all seem unreal that we just keep going through the exact same scenario again and again? Please help address this issue before it happens again. I also hope that someone is paying attention that the proposed LAP plans or rebuilding much of HB Village will require a rethink of the road infrastructure and traffic flow… A quaint village isn’t equipped to accommodate oversized construction traffic.

Regards s. 22(1) (6)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 10:33 AM To: MayorandCouncil Subject: CN vs West Vancouver

I have tried to find what the final resolution was between CN and West van regarding the Centennial seawall. I was told moths ago that you were very close to solving the issue and the information would be available on the district website. I checked today and can’t find anything. Please let me know where the details can be found or who at municipal hall I could speak with. Thank you, s. 22(1) (7)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 5:05 PM To: MayorandCouncil Subject: Unbelievable!

Madam Mayor and Council Members

I could not believe my eyes on Sunday morning when I noticed these Palm Trees planted at Dundarave Park. I can only hope they have been placed there temporarily for a movie set or something. If not my questions are: 1. Why did we need trees planted there? 2. If tress are needed, why not indigenous trees that would have a better chance of surviving? 3. Are they planted far enough back form the water in case of rising tides? 4. What was the total cost of the trees and the planting of them...... as a tax payer I think this is a total waste of money especially during these COVID times...... actually at any time.

To me, they take away from the lovely vistas of the water as you walk towards the park and look west as you approach from the east.

In my opinion, another area where the views have been totally spoiled is coming down Taylor Way and along Marine Drive because of the development at Park Royal. Travelling North over the Lions Gate Bridge the views of the mountains have been diminished and similarily going East to the bottom of Capilano Road with the huge developments going in there. Also moving further West to the Grosvenor Buildings which have taken the light away from Marine Drive, making that corridor very dark. Both of these developments (Park Royal and The Grosvenor) are examples of spot zoning. I really wish the Municipality would stop and smell the roses for a while. Get all the Community plans in place before going ahead with projects that need rezoning. It would save money at the end of the day if all the local area plans dealing with zoning were in place- special information meetings would not need to be held (where staff have to be paid overtime to attend) around every single small development.

West Vancouver has totally missed the mark in making an attractive and welcoming entrance to the Municipality. This would be an opportunity for an iconic architecture development with a wow factor- instead we get two ugly boxes!!!

I hope you all feel proud of the concrete jungle you are developing in West Vancouver. I definitely do not think this is what West Vancouver residents want!!!

I would appreciate an update on the Palm Trees and the total cost of installing them.

Sincerely. s. 22(1)

West Vancouver BC, s. 22(1) s. 22(1) (8)

Mahssa Beattie

s. 22(1) From: Sent: Wednesday, November 4, 2020 4:57 PM To: MayorandCouncil s. 22(1) Subject: pedestrian crosswalk

Hello Mayor and Council,

s. 22(1) I witnessed a car hit a pedestrian at the pedestrian crosswalk at s. 22(1) Another witness and myself exited our vehicles to come to the assistance of the driver who stopped to render assistance to the s. 22(1) he had struck. He waved us both away. She was trying to call emergency services and was unable to make herself heard due to poor cell reception. She asked me to try and call. I tried to call and was connected to ambulance services but to make myself understood, I had to walk up the hill, almost in line with the traffic lights. At that point the driver had moved his car up the on ramp and the victim was standing (she looked shaken and as if she had a head injury). When the ambulance service asked me to ask the driver if an ambulance was required he shook his head and then escorted the victim to his car to drive her to the hospital. I was too far away to get his licence plate number and I really hope he did take her to the hospital and she is ok now.

Why is cell reception so bad there? It is a dangerous crosswalk, with lots of teenagers heading up/down to Sentinel and WVSS and if someone is hurt and needed advice by phone from emergency services, they would not be able to do so from the crosswalk area. Can this be looked into?

Thanks s. 22(1)

West Vancouver, BC s. 22(1) s. 22(1)

Sent from Mail for Windows 10 (9)(a) THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER BOARD OF VARIANCEHEARING MINUTES MUNICIPALHALLCOUNCIL CHAMBER WEDNESDAY, JUNE 17, 2020

BOARD MEMBERS: Chair L. Radage and Members I. Davis, S. Sanguineffi, D. Simmons, and R. Yaworsky, attended the hearing via electronic communication facilities.

STAFF: M. Panneton, Director, Legislative ServiceslCorporate Officer. P. Cuk, Board Secretary; and T. Yee, Building Inspector, attended the hearing via electronic communication facilities.

1. Call to Order

The hearing was called to order at 5 p.m.

2. Introduction

Staff introduced the Board Members and described the hearing procedure.

3. Confirmation of the Agenda

Itwas Moved and Seconded: THATthe June 17, 2020 Board of Variance hearing agenda be approved as circulated. CARRIED

4. Adoption of the March 18, 2020 Minutes

Chair Radage referred to the minutes of the Board of Variance hearing held on March 18, 2020.

Itwas Moved and Seconded: THATthe March 18, 2020 Board of Variance hearing minutes be adopted as circulated. CARRIED

5. Time Limit of Board of Variance Orders

Chair Radage read out the followingstatement regarding Time Limitof Order Approving a Variance and noted that the time limitapplied to each application approved by the Board:

JUNE 17, 2020 BOARD OF VARIANCEHEARINGMINUTES M-1 4093791 vi “Pursuant to section 542 of the Local Government Act, ifa Board of Variance orders that a minor variance be permitted from the requirements of the bylaw, and the Order sets a time limitwithin which the construction of the building or structure must be completed, and the construction is not completed within that time, the permission of the Board terminates and the bylaw applies. Orders of this Board of Variance that permit a variance specify that: ifconstruction is not substantially started within 6 months of the issuance of the BuildingPermit, the permission terminates and the Zoning Bylaw applies; AND FURTHER THATin the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner.”

6. Application 20-011 (8055 Pasco Road)

Staff confirmed the followingrequested variances regarding a proposed addition and alteration: a) 0.49 m to BuildingHeight b) 56.4% to Permitted Highest BuildingFace Exemption c) 1 Storey to Number of Storeys.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

K. DhaIiwaI June 16, 2020 1

K. DhaliwaI June 17, 2020 2

Staff provided permit history of the subject property.

G. Hu (Director, MyHouse Design BuildTeam Ltd., representing the owner of 8055 Pasco Road) and I. Lara-Faure (Design Manager, My House Design Build Team Ltd., representing the owner of 8055 Pasco Road) referred to written submissions of support, described the variance application for a proposed addition and alteration, and responded to Board members’ questions.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application and there was no response.

Staff responded to a Board members questions.

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-2 4093791v1 Members of the Board considered: • Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated February 21, 2020, including the applicant’s letter plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions of G. Hu and I. Lara-Faure:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-011 regarding a proposed addition and alteration at 8055 Pasco Road with the following variances: • 0.49 m to Building Height • 56.4% to Permitted Highest Building Face Exemption

• 1 Storey to Number of Storeys BE ALLOWEDpursuant to the plans dated February 27, 2020 submitted with the application; AND THE BOARDFURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the BuildingPermit, the permissionterminates and the Zoning Bylaw applies: AND FURTHER THATin the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner. CARRIED Member Yaworsky voted in the negative

7. Application 20-013 (4495 Ross Lane)

Staff confirmed the followingrequested variances regarding a proposed addition: a) 4.6 m to Front Yard Setback b) 0.87 m to MinimumSide Yard Setback.

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-3 409379 lvi 409379

JUNE lvi

17,

2020

Written Staff application question. Staff Chair address to alternative commented P. Chair Designs Board D. Members

of

compliance Hearing Having THAT plans R. It regarding

Redacted

was

address

the

Li

Smith

Van

• • •

(4495

informed provided

Radage Radage

and

subject

of

All

the - - -

Moved - Whether - Whether hardship.

submissions

der

read

the

for

Ltd.,

Variance

(4468

of

of

vary adversely result substantially defeat

a

all

Board

locations

the

for

Ross

Eerden:

the

with

regarding:

proposed the Board the

the

BOARD

SUBMISSION

other

representing

and site,

permit queried queried

of

a

Board

permitted

Marine

subject

the

compliance

submissions;

in Board

proposed

application

the written

the

finds

Lane)

Seconded: hearing.

inappropriate

and regarding

related

application

for

affect

Zoning received:

intent

history

regarding

OF

addition

whether

that whether

considered:

side Drive)

affect

having

application,

and

the

submissions

uses

AUTHOR VARIANCE

addition

the

the

documents,

of undue

proposed

yard

R. with

dated

Bylaw

of

the

the

the

spoke

natural

and

owner

heard Van

at

the was

there there

the

development

the

setbacks; application.

use

4495

bylaw;

hardship

April

subject

and

densities and

application der and

for

in

bylaw

was

the was

of received

and

addition.

environment

HEARING

support

and a

Ross

orders

Eerden responded

8,

4495

having

and

submissions

minor

anyone

anyone

enjoyment

2020,

property.

would

would construction

having

under

Lane

Ross

of

that

for

and of

variance inspected

(Architect,

SUBMISSION

including

the

MINUTES

cause

the

in this else

be

with

Application

to

read

the

there

Lane)

June

the

site

caused of

a requested

application

of

in

applicable

variances

Board

adjacent

gallery the of

the

that

10, P.

the

was

and/or

described

the

Pacific

a

Li,

2020

statutory

applicant

firewall;

gallery to

DATED did

applicant’s

no

member’s

D.

20-013

who

the

variances

not viewed

land

response.

Smith,

prior

of: Image

bylaw;

Applicant

wished

who

the

and

Notice

undue

to

variance

and

images

Home

or

wished

the

letter,

and

to

of

by

M4 4093791v1

JUNE

17,

8.

2020

weather

owner, duration viewed the a) application; permission substantially Application provided • • Written Staff Permit Staff BE Board Staff described commented. Chair address E.

Members Staff

Redacted

Reisen

4.6

0.87 5.29

ALLOWED

event • •

confirmed

informed

provided

responded

Radage

of

All

Whether

- - by -

- m

the

as

submissions

m

m

conditions

of

the

Variance

that

to

the

reason

of

of

vary the adversely substantially result a (5874

to to

time

the

terminates

AND

Front

cause

the

Board

the

20-014

started

BOARD

Minimum Front

SUBMISSION commercial Owner

variance

of queried permit

contingency

pursuant

permitted

the

for

the

submissions;

Board

in

to

Eagle

written

THE

of

Yard

hearing.

inappropriate

beyond Yard obtaining

or regarding

a

following

application any

within

(5874

affect

is received

Board

history

any

OF

BOARD and

whether

delayed Side

considered:

Setback

application Island)

affect

Act

submissions

to

Setback.

uses

or VARIANCE

AUTHOR

similar

six

the Eagle the

the the

that

members

Yard

of

financial

of

requested a

the

the

months

Zoning

referred natural

God, and control Permit plans

the FURTHER was

there

or

occasioned

development

application

cause

use

Island) Setback

interrupted

for

subject

densities

for

labour

dated

was

consideration

received

and

shall

a HEARING environment of

of

question. Bylaw

to

a

variance

reasonably

proposed

the

the

minor

written

anyone

enjoyment

ORDERS

property.

unrest

March be

the

and issuance Owner.

under

applies;

or

of extended

for

variance

delay,

prevented

SUBMISSION

regarding

the

there

submissions

MINUTES

this

in

addition. (including 5,

the

of

beyond

the

June6, 2020

site

THAT

of

AND

the

of application

interruption

was

applicable

adjacent

gallery

for

that the

Owner

submitted

FURTHER

a

from

A

2020

if

no

a

the

strike

Building

proposed DATED

did

construction

Board

period

of

response.

who

control

obtaining

support

not

land shall

prior

bylaw;

and or

wished member

equal

with

prevention, Permit,

THAT

not

to

addition: lockouts),

of

#

CARRIED

1

or and

the

the

the

a is be

to

to

not

the in

the

M-5 - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated April25, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submission of E. Reisen:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-0 14 regarding a proposed addition at 5874 Eagle Island with a variance of: • 5.29 m to Front Yard Setback BE ALLOWEDpursuant to the plans dated April21, 2020 submitted with the application; AND THE BOARD FURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the Building Permit, the permission terminates and the Zoning Bylaw applies; AND FURTHER THAT in the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner. CARRIED

9. Application 20-015 (3704 McKechnie Avenue)

Staff confirmed the following requested variance regarding an upper floor deck guardrail: a) 0.37 m to Combined Side Yard Setback.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

Redacted May 14, 2020 1

Staff provided permit history of the subject property.

G. Nielsen (Owner, GD Nielsen Homes, representing the owner of 3704 McKechnie Avenue) and D. Cheung (Architect, GD Nielsen Homes, representing the owner of 3704 McKechnie Avenue) described the variance

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-6 4093791vi application for an upper floor deck guardrail and responded to a Board member’s question.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application and there was no response. Members of the Board considered:

• Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated May 20, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions of D. Cheung and G. Nielsen;

Itwas Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-015 regarding an upper floor deck guardrail at 3704 McKechnie Avenue with a variance of: • 0.37 m to Combined Side Yard Setback BE ALLOWEDpursuant to the plans dated May 7, 2020 submitted with the application; AND THE BOARD FURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the Building Permit, the permission terminates and the Zoning Bylaw applies; AND FURTHER THAT in the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner. CARRIED

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-7 409379 lvi 10. Application 20-016 (4135 Ripple Road)

Staff confirmed the following requested variances regarding a pool mechanical accessory building: a) 8.49 m to Front Yard Setback for Almondel Road b) 0.12 m to MinimumSide Yard Setback.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

D. White June 14, 2020 1

Staff provided permit history of the subject property and responded to a Board member’s question.

D. Baron (4135 Ripple Road) and D. White (4135 Ripple Road) referred to a written submission of support and described the variance application for a pool mechanical accessory building.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application and there was no response.

Members of the Board considered:

• Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated May 19, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions of D. Baron and D. White:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-016 regarding a pool mechanical accessory building at 4135 Ripple Road with variances oil • 8.49 m to Front Yard Setback for Almondel Road

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-8 4093791v1 • 0.12 m to MinimumSide Yard Setback BE ALLOWEDpursuant to the plans dated May 4, 2020 submitted with the application; AND THE BOARD FURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the BuildingPermit, the permission terminates and the Zoning Bylawapplies; AND FURTHER THATin the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner. CARRIED

11. Application 20-017 (2418 Nelson Avenue)

Staff confirmed the followingrequested variances regarding a proposed detached accessory garage with the followingvariances: a) 0.47 m to Combined Side Yard Setback b) 7.03 m to Front Yard Setback for Nelson Avenue c) 0.61 m to MinimumSide Yard Setback d) 8 % to Impermeable Surfaces in Front Yards for Nelson Avenue.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

Redacted June 8, 2020 1 Redacted June8, 2020 2 BoutHouse Design Group Inc. June 10, 2020 3 ,_Redacted June 10, 2020 4 Redacted June 11,2020 1 Redacted June 12, 2020 6 Redacted June 14, 2020 7 Redacted June 15, 2020 8 Redacted June 16, 2020 9

Staff provided permit history of the subject property.

I. Zhang (Architect, BoutHouse Design Group Inc., representing the owner of 2418 Nelson Avenue) described the variance application for a proposed detached accessory garage.

JUNE 17, 2020 BOARD OF VARIANCEHEARINGMINUTES M-9 4093791 vi Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application.

T. Craig (2425 Nelson Avenue) referred to a written submission, expressed opposition to the requested variances, and commented regarding: front yard garages; neighbourhood character; constructing within the building envelope; and sightlines.

Chair Radage queried whether there was anyone else in the gallery who wished to address the Board regarding the application and there was no response.

Members of the Board considered: • Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated May 22, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions ofT. Craig and I. Zhang:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would not be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-017 regarding a proposed detached accessory garage at 2418 Nelson Avenue with variances of: • 0.47 m to Combined Side Yard Setback • 7.03 m to Front Yard Setback for Nelson Avenue • 0.81 m to MinimumSide Yard Setback • 8 % to Impermeable Surfaces in Front Yards for Nelson Avenue BE NOT ALLOWEDpursuant to the plans dated May 4, 2020 submitted with the application. CARRIED

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-1O 4093791 vi 12. Application 20-018 (1015 Greenwood Road)

Staff confirmed the following requested variances regarding a proposed power pole (accessory structure): a) 3.46 m to Combined Side Yard Setback for Power Pole & Dwelling b) 1.17 m to MinimumSide Yard Setback for Power Pole c) 2.09 m to Accessory Building Height for Power Pole.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

Redacted June 17, 2020 1

Staff provided permit history of the subject property.

P. Fraser (Site Supervisor, Bradner Homes Ltd., representing the owner of 1015 Greenwood Road) and C. Bradner (Contractor, Bradner Homes Ltd., representing the owner of 1015 Greenwood Road) described the variance application for a proposed power pole (accessory structure) and responded to Board members’ questions.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application.

T. Gill(1025 Greenwood Place) requested that the Board defer consideration of Application 20-018 and commented regarding: neighbourhood opposition to the requested variances; Board of Variance hearing notification; location of the existing home; alternative locations for the proposed power pole; and working with BC Hydro to determine alternative locations for the proposed power pole. R. Gill(1025 Greenwood Place) requested that the Board defer consideration of Application 20-018 and commented regarding: Board of Variance hearing notification and the height of the proposed power pole. Staff provided information regarding the height of the proposed power pole. T. Piovesan (1055 Greenwood Place) expressed opposition to the requested variances and commented regarding the height and location of the proposed power pole.

Chair Radage queried whether there was anyone else in the gallery who wished to address the Board regarding the application and there was no response.

Staff responded to a Board member’s question.

Members of the Board considered: . Allof the submissions;

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-11 4093791vi • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated May 22, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions of C. Bradner, P. Fraser, R. Gill,T. Gill,and T. Piosevan:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-0 18 regarding a proposed power pole (accessory structure) at 1015 Greenwood Road with variances of: • 3.46 m to Combined Side Yard Setback for Power Pole & Dwelling • 1.17 m to MinimumSide Yard Setback for Power Pole • 2.09 m to Accessory BuildingHeight for Power Pole BE ALLOWEDpursuant to the plans dated May 19, 2020 submitted with the application; AND THE BOARDFURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the Building Permit, the permission terminates and the Zoning Bylaw applies; AND FURTHER THAT in the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts), weather conditions or any similar cause reasonably beyond the control of the owner, the time for obtaining a Permit shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention, provided that commercial or financial consideration of the Owner shall not be viewed as a cause beyond the control of the Owner. CARRIED Chair Radage and Member Yaworsky voted in the negative

13. Application 20-019 (370 MacBeth Crescent)

Staff confirmed the following requested variances regarding proposed retaining walls: a) 0.06 m to Maximum Exposed Retaining Wall Height b) 0.96 m at 45 degrees to Retaining Wall Grade Line.

Staff informed of written submissions received for this application prior to the Board of Variance hearing.

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-12 4093791v1 Written submissions received:

SUBMISSIONAUTHOR SUBMISSIONDATED #

BatistaPropertiesInc. June 15,2020 1

Staff provided permit history of the subject property.

N. Batista (Director, Batista Properties Inc., representing the owner of 370 MacBeth Crescent) read from a written submission from the owner, described the variance application for proposed retaining walls, and responded to a Board member’s question. Staff responded Board members’ questions.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application and there was no response.

Members of the Board considered:

• Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated May 20, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submission of N. Batista:

Itwas Moved and Seconded: THATthe Board finds that undue hardship would not be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-019 regarding proposed retaining walls at 370 MacBeth Crescent with variances ot • 0.06 m to Maximum Exposed Retaining Wall Height • 0.96 m at 45 degrees to Retaining Wall Grade Line BE NOTALLOWEDpursuant to the plans dated March 10, 2020 submitted with the application. CARRIED Chair Radage and Member Yaworsky voted in the negative

JUNE 17, 2020 BOARD OF VARIANCEHEARING MINUTES M-13 4093791vi 4093791v1

JUNE

17,

14.

at

Member

6:53

2020

Application Architecture, Written

a) variance b) questions. Staff Staff Staff Y. address N. expressed actions Chair Board opposition developers 4051

to proposed B. N. Chair Crescent; property

Members

OpenSpace Redacted

p.m. Redacted

Sanguineffi

address

Girard Boffo Peters

Boffo

2.57

8.03

confirmed

informed

provided

and

via

Radage

Radage

of

All

submissions

of

m m

the

(4051

and

Variance damage;

application

electronic

(4045

(4075

4045 of location

of

developers

and

to to

to

opposition

the Architecture

on

Board

the

the 20-020

BOARD

representing

Front Minimum

E. SUBMISSION

the

left

permit of queried

queried

adhering the

Rose

Board

the

Rose

Pettit Rose

Rose submissions;

Board

written

requested

the

construction

of

hearing. subject

regarding

Yard

following

communication

for (4051

received:

Crescent) the

history

hearing

Crescent.

commented regarding

OF to

on Crescent)

Crescent)

whether

whether

Side

considered:

an

to

submissions

the

Setback

electrical

the

VARIANCE AUTHOR

the

property;

bylaws. electrical Rose

variances,

Yard

requested

of

subject requested

the

at

owner

the

of

there

and

there

the

6:44

referred

referred

application. Crescent)

Setback.

a

regarding:

meter;

subject

facilities.

fence

application

E.

property

meter

property;

of

was

was p.m. received

HEARING

Pettit

and

variances,

4051

variances

to

to

and

anyone

between

anyone

and

property. and

commented

a

written

(Associate,

damage;

neighbourhood Rose

written

construction

and

for

returned

and

responded

SUBMISSION

MINUTES

this

in

and regarding

else

adhering

4051

submissions

Crescent)

there

June

June

the

June

submission,

application

commented

adhering

in

regarding: to

gallery

OpenSpace

15,

13,

and

4,

the

was

the

to

of

2020

2020

2020

to an

consultation; DATED

gallery

4045

Board a

described

no hearing

bylaws.

fence

electrical

who

to

of

expressed response.

prior

bylaws;

actions

opposition,

Rose regarding:

members’

wished

who

between

to

#

2 3

1

the

meter:

wished

the

of

to

the

M-14 JUNE 4093791 vi

17,

15.

2020

THAT of the the compliance an plans Hearing • B. Having weather not • It duration in BE viewed owner, provided Permit Applications:

THAT Receipt It

was

was

the the

Peters,

electrical

• • 2.57 8.03

ALLOWED

• • • application; • •

substantially permission

and

event

subject

the

Moved

Whether - -

Whether - - -

hardship.

Moved all

Application Application Application Application Application

by

the

read

as

for m m

conditions

of

of

that

written

vary adversely substantially defeat result

reason

all Board

and

a to to

time

the

Written the

with

the

the

cause

meter

BOARD other

Minimum

Front

commercial

and

site,

and

E.

permitted

contingency

terminates

pursuant

subject

AND the

compliance

for Owner

in

application

the

finds started the

and

of Pettit:

Seconded:

Seconded: inappropriate

and

20-011 20-013 20-0 20-014 20-016

at related

Yard

beyond obtaining

or application

and any

Zoning affect

intent

THE

oral

4051

OF

any that

affect having

Side

application,

is

15

within

Act

to

Setback

Oral

uses

delayed

VARIANCE

submissions

or

similar the (8055 and (4495 (5874 BOARD documents, (3704 (4135

undue

of

the

Rose

the

that with

dated

Bylaw

Yard

of

financial

the

a

the

Submissions

natural and

heard

six

the was

God,

plans

control

Permit

occasioned

development

the

Ross Pasco Eagle McKechnie Ripple

use Crescent

bylaw;

cause hardship

Setback

or

May months

Zoning and

densities

FURTHER

and

for

bylaw

labour

the

interrupted

dated

and

consideration

environment

HEARING

shall

of

Lane);

and a

regarding

orders 21,

Island);

having

Road); Member

Road);

and

reasonably

submissions

minor

the

enjoyment

of

Bylaw

would

with would 2020,

having May

unrest

be

the under

Avenue);

the

Owner.

of

that

ORDERS

extended

variance

inspected

variances

delay,

or

13 the

issuance

Sanguinetti

applies;

the

including

cause

MINUTES

be

(including Application

read

the

prevented

and

of

beyond

site

caused

following

of

of

the

applicable

interruption

adjacent

the

the

14,

that

N.

for

THAT

AND

and/or

ot

Owner

of

the

Boffo,

statutory

2020

applicant

a

the

to

the

strike

voted did

from

period

20-020

Board

applicant’s

FURTHER

the

if

control

viewed not

Building

land

construction submitted

shall

bylaw;

Y.

and

or Applicant

obtaining

in

Girard,

equal

Notice

of

the

undue

prevention,

regarding

not

lockouts),

of

Variance

CARRIED

images

or

negative

Permit,

the

letter,

THAT

be

to

with

of

a

by

the

is

M-15 4093791vt

JUNE

17,

16.

17. 18.

Certified

L.

Radage,

2020

There Public Adjournment July Next Staff up THAT

The

It

was

Correct:

to

• • •

Board 15,

Chair

confirmed

Hearing

and

were

the Application Application Moved Application Application

Question .22(1) s.

2020

including

June

of

no

BOARD

Variance

and

at

questions.

that

17,

5

Period

20-020 Seconded: 20-0 20-0 20-0

p.m.

June

2020

the

OF

17 19 18

hearing

in

next

17,

Board

the VARIANCE

(2418 (4051

(370 (1015

2020,

hearing

Municipal

MacBeth

adjourned

of

Greenwood Rose

Nelson

Variance

be

of

received. HEARING Crescent);

the

Hall

Avenue);

Crescent);

P.

at

Board

Cuk,

hearing

Council

6:57

Road); .22(1) s. Secretary

MINUTES

p.m.

of

and

be

Variance Chamber

adjourned.

is

scheduled

CARRIED

CARRIED

for

M-16

411

SEPTEMBER

3970v1

5.

4.

3.

2.

attended

facilities.

1.

STAFF:

Legislative

BOARD

D.

Simmons,

Approving

approved

Time

Chair

THAT

circulated.

23, Chair

June Adoption

It

as

THAT

It

Confirmation

Staff

Introduction

The

Call

was

was

MEMBERS:

the

circulated. M.

2020

THE

Services

Hearing

to

17,

introduced

Limit

Radage

Radage

Panneton,

the

Moved

the

Moved

hearing

and

Order

CORPORATION

2020.

by

June

a

September

of

of

R.

Variance

the

the was

and

and

read Clerk.

referred

Yaworsky

Board

BOARD

via

of

17,

Chair

Board:

the

BOARD

MUNICIPAL

Director,

June

the

WEDNESDAY,

called

Seconded:

Seconded: electronic

out

2020

Board

P.

Agenda

of

and

23,

L.

to

the

17,

OF

Cuk,

Variance

to

Radage

attended

Board

the

OF

2020

Legislative

noted

OF

following

2020

order

Members

VARIANCE

communication

Board

VARIANCE Minutes

HALL

THE

Board

of

that

Minutes

at

and

SEPTEMBER

Variance

the

Orders

Secretary;

5

DISTRICT

statement

COUNCIL

the

and

p.m.

Services/Corporate

Members

of

of

hearing

HEARING

the

Variance

time

described

HEARING

hearing

Board

facilities.

limit

via

and

OF

regarding

CHAMBER

I.

23,

Davis,

electronic

applied

WEST

hearing

of

T.

MINUTES

the

minutes

2020

MINUTES

Variance

Yee,

Hearing

S.

Time

VANCOUVER

Officer;

to

agenda

Building

Sanguinetti,

communication

be

each

Limit

Hearing

adopted

procedure.

and

application

be

Inspector,

of

approved

C.

Order

CARRIED

CARRIED

held

as

Grundy, on

(9)(b) M-1

411 SEPTEMBER

3970v1

6.

23,

Staff

Written

Staff

garage:

Board

Application

a)

Staff viewed

duration

owner, weather

provided the

substantially

this time,

Permit structure

permission and orders

“Pursuant

NI.

M.

M.

Redacted

Redacted Redacted

Redacted Redacted

Redacted

Redacted

Redacted

Redacted

2020

Menghi

Menghi

Menghi

2.06

event

Board

the

provided

informed

confirmed

the

of

that

by

the

as

submissions

Order

m

conditions

of

Variance

that

permission

must

the

reason

to

a

to

of

time

the

a terminates

cause

20-021

section

started

Accessory

Variance

SUBMISSION

minor

commercial

Owner

permit

of

sets

BOARD

be

contingency

the

for

written

of

completed,

hearing.

beyond

obtaining

following

a

or

variance

any

(2966

within

received:

542

of

history is

time

any

and

that

delayed

the

OF

submissions

Act

Building

of

AUTHOR

or

limit

similar

Mathers

6

the

the

Board

VARIANCE

permit

that

the

of

financial

of

be

requested

months

a

and

the

within

Zoning

control

God,

Permit

Local

or

permitted

occasioned

Height.

cause

terminates

the

a

interrupted

subject

variance

Avenue)

labour

of

which

received consideration

Government

construction

shall

of

Bylaw

the

variance

HEARING

reasonably

the

from

property.

issuance

unrest

be

the

the

Owner.”

and

applies;

specify

or

for

extended

the

construction

delay,

SUBMISSION

prevented

regarding

September

September16,

September

September

the

this

(including

Act,

is

MINUTES

requirements

of

June

beyond

July

July

July

June June

June

June

of

that:

not

bylaw

AND

the

application

interruption

if

the

28,

24,

23,

10,

for

completed

9,

9,

9,

9,

a

Owner

if

22,

22,

12,

Board

2020 a

2020

2020

2020

2020

2020 2020

FURTHER

from

Building

2020

applies.

a

construction

the

of

strike

DATED

proposed

period

2020

2020

2020

2020

the

control

obtaining

of

shall

prior

of

and

or building

the

within

Permit,

Variance

Orders

equal

prevention,

11

12

10

not THAT

to

6

9

8

7 2

5

4 #

3

1 accessory

lockouts),

bylaw,

of

is

the

the

be a

that

to

not

or

the

of

in

the M-2 M. Menghi (2966 Mathers Avenue) referred to written submissions of support and described the variance application for a proposed accessory garage. M. Menghi, U. Menghi (2966 Mathers Avenue), S. Rasmussen (Principal, SRA Architects Inc.), A. Devery (Architectural Intern, SRA Architects Inc.) and G. Gallie (Project Builder) responded to Board members’ questions.

Chair Radage queried whether there was anyone in the gallery who wished to address the Board regarding the application.

C. Koo (2965 Mathers Avenue) queried regarding the final height of the proposed accessory garage and commented regarding hedge height, views, and sightlines. M. Menghi provided a response and commented relative to a land title covenant regarding hedges on the subject property.

Chair Radage queried whether there was anyone else in the gallery who wished to address the Board regarding the application and there was no response.

Members of the Board considered: • Allof the submissions; • Whether the application was for a minor variance that did not - result in inappropriate development of the site - adversely affect the natural environment - substantially affect the use and enjoyment of adjacent land - vary permitted uses and densities under the applicable bylaw; or - defeat the intent of the bylaw; and • Whether compliance with the bylaw would cause the applicant undue hardship.

Having read the application dated August 12, 2020, including the applicant’s letter, plans and all other related documents, and having read the statutory Notice of Hearing for the subject application, and having inspected and/or viewed images of the subject site, and having heard the submissions of A. Devery, G. GalIie, C. Koo, M. Menghi, U. Menghi, and S. Rasmussen:

It was Moved and Seconded: THATthe Board finds that undue hardship would be caused to the Applicant by compliance with the Zoning Bylaw and orders that Application 20-021 regarding a proposed accessory garage at 2966 Mathers Avenue with a variance of: 2.06 m to Accessory Building Height BE ALLOWEDpursuant to the plans dated August 5, 2020 submitted with the application; AND THE BOARD FURTHER ORDERS THAT ifconstruction is not substantially started within six months of the issuance of the BuildingPermit, the permission terminates and the Zoning Bylaw applies; AND FURTHER THATin the event the Owner is delayed or interrupted or prevented from obtaining a Permit by reason of any Act of God, labour unrest (including strike and lockouts),

SEPTEMBER23, 2020 BOARD OF VARIANCEHEARING MINUTES M-3 4113970v1

411

SEPTEMBER

3970v1

7.

23,

letter

Having

address

Members

structure).

Chair described

Staff

D.

Board

Staff

Staff

power Application

viewed weather

duration

provided

owner,

0. b)

a)

2020

Fan

Fan

2.7

5.83

provided

informed

confirmed

plans Radage -

-

hardship. -

Whether -

- All

Whether

of

pole

read

(749

the

as

m

the

conditions

of

Variance

m

that

of

defeat

vary

substantially

adversely

of

result

the

to

Staff

a

time

the

and

to

(accessory

the

the the

Anderson

Board

cause

Accessory

20-022

SUBMISSION

commercial

variance

queried

Front

BOARD history permit

permitted

of

contingency

compliance

the

submissions; the

in and

application

all

Board

for

the

written

inappropriate

hearing.

regarding

other

application

beyond

obtaining

following

or

affect

Yard

intent D.

(749

any

whether

considered: Crescent)

affect

application

Fan

structure):

OF

Structure

submissions

uses

related

AUTHOR Setback

Anderson

or

the

of

similar

VARIANCE

the

dated with

responded

that

of

financial

the

the

the

requested

a

natural

and

was

the

there

control

Permit

development

the

documents,

occasioned

application

use

bylaw;

referred

August

cause

Height.

densities

for

subject

for

bylaw

was

and

Crescent)

environment

received

consideration

a

shall

of

a

to

HEARING

and variances

proposed

Member

reasonably

minor

the

enjoyment

20,

Board

anyone to

would

property.

be

under

written

and

the

and

Owner.

2020,

of

for

variance

extended

the

members’

delay,

there

SUBMISSION

Sanguinetti

cause

having

September19,

in

private

this

regarding

the

MINUTES

submissions

including

of

site

the

beyond

of

applicable application

the

was

interruption

adjacent

the

gallery

that

read

for

power

Owner

questions.

no

applicant

a

the

a

did

voted

DATED

the

the

period

response. 2020 proposed

who

control

pole

not

land

of

applicant’s

bylaw:

statutory

shall

prior

or

in

support

wished

equal

(accessory

undue

the

prevention,

not

to

#

1

of

CARRIED

or

private

negative

the

the

be

to

and

to

the M4

4113970v1

SEPTEMBER

B.

23,

address Chair

r

S.

proposed

S.

Staff

to

Staff a)

b)

generator

Application

Staff

the

the

period from

interruption strike with

construction

with

FURTHER

Building

BE compliance

THAT

proposed

images

It

Notice

None.

2020

the

was

Norman

Norman

0.7

6.71

2.7

5.63

Owner

ALLOWED

control

the

variances

provided

informed

confirmed

obtaining

Radage

Board

and

the

equal

Moved

m

m

of

the

m

of

application;

m

Permit,

to

generator

to

Hearing

and

private

lockouts),

to

Board

the

responded

(6560

shall

to

of

THAT

or

Board

Minimum

Accessory

with

of

20-023

to

is

SUBMISSION

Front

the

Front

queried

permit

and

that

BOARD

outdoor

prevention, subject

Variance a

of:

not

the

the

pursuant

not

the

the

Permit

finds

Nelson

owner,

power

in

for

regarding

Seconded:

no

substantially

Yard

foHowing duration

Yard

and

be

the

permission

AND

(6560

Zoning

weather

history

Side

the

written

whether

to

site,

that

air

viewed

OF

Structure

by

outdoor

event

Setback pole

hearing.

Board

Avenue)

the

to

Setback

AUTHOR

subject

conditioning

THE

provided

Yard

Nelson

undue

VARIANCE and

reason

the

of

of

Bylaw

the

time

requested

submissions

(accessory

conditions

the

the

there

the

as

BOARD

plans

members’

having

terminates

started

Setback

application

air

Height

application,

(Generator)

for

a

hardship

described

Owner

contingency

subject

of

and

Avenue)

conditioning

that

cause

was

obtaining

any

dated

unit

heard

orders

variances within

HEARING

FURTHER

commercial

or

structure)

(Air

anyone

Act

is

questions.

were

property.

beyond

(separate any

and

would

July

delayed

and

the

the

Conditioning

of and

six

that

a

that

similar

the

received

God,

variance

there SUBMISSION 7

unit

Permit

submission

in

months

having

regarding

be

and

the

MINUTES

Application

at

Zoning

ORDERS

the

occasioned

or

or

(separate

caused

units):

labour

749

was

control

cause

August

financial

interrupted

gallery

shall

for

inspected

application

of

Anderson

Unit).

no

Bylaw

the

a

this

unrest

DATED

to

of

be

reasonably

THAT

of

response.

proposed

10,

20-022

who

units).

the

D.

the

issuance

consideration

the

extended

application

applies;

2020

or

Fan:

Applicant

(including

wished

delay, and/or

Owner.

if

Crescent

for

prevented

Staff

regarding

CARRIED

submitted

a

beyond

of

AND

for

viewed

and

to

the

prior

by

a

of

a M-5

411

SEPTEMBER

3970v1

23,

viewed

weather

duration

owner, the

provided

application;

Permit substantially

permission

6560 THAT

BE

• compliance

proposed

images

It letter,

Notice

Having

Members

was

2020

6.71

0.7

ALLOWED

event

Nelson

plans

the

Moved Whether

-

by hardship. -

-

- All

the Whether

-

m of

as

read

of

m

conditions

of

that

to

the

Hearing

reason

generator

of

of

a

defeat

vary

Board the substantially

adversely

result

to

time

the

terminates

AND

with

Minimum

cause

and

the

the

the

started

Avenue

commercial

Front

Owner

and

subject

BOARD

contingency

pursuant

permitted

for

compliance

the

submissions;

the

in

application Board

all

finds

the

THE

of

for

Seconded:

beyond

inappropriate

obtaining

Yard

or

other

any

application

and

within Zoning

affect

is

intent

the

with

any

Side

site,

that

and

BOARD

delayed

considered:

affect

OF

Act

to

Setback

outdoor

subject

uses

related

or

variances

similar

undue and the

six

the the

Yard

the

of

VARIANCE

that

Bylaw with

dated

financial

of

a

the

the

months

control natural

Zoning

God,

and

Permit

plans

FURTHER having was

or

occasioned

Setback

the

development

application,

air documents,

cause

use

bylaw;

(Generator)

hardship

interrupted August

and

densities

for

conditioning

labour

of:

bylaw

dated

consideration

and

shall

environment

of

of

Bylaw

heard

orders

a

HEARING

reasonably

and

the

the

minor

(Air

enjoyment

19,

ORDERS

would

would

unrest

July

be

the

Owner.

issuance

under

the

applies;

and

and

Conditioning

or

2020,

that

of

extended

variance

delay,

30,

prevented

submission

the

unit

cause

having

be

having

(including

Application

MINUTES

the

of

2020

beyond

including

caused

site

THAT

of

AND

(separate

the

of

interruption

applicable

adjacent

the

for

the

that

inspected

read

submitted

Owner

Unit)

FURTHER

from

if

a

the

applicant

strike

to

Building

of

did

construction

period

the

the

20-023

the

S.

units)

control

obtaining

not

shall

land

applicant’s

bylaw;

statutory

Norman:

or and

Applicant

and/or

with

equal

prevention,

Permit,

at

undue

regarding

not

THAT

lockouts),

of

CARRIED

the

or

the

be

a

is

viewed

to

not

in

the

by

the

a M-6 9. Receipt of Written and Oral Submissions

Itwas Moved and Seconded: THATall written and oral submissions regarding the following Board of Variance Applications: • Application 20-021 (2966 Mathers Avenue); • Application 20-022 (749 Anderson Crescent); and • Application 20-023 (6560 Nelson Avenue); up to and including September 23, 2020, be received. CARRIED

10. Public Question Period

There were no questions.

11. Next Hearing

Staff confirmed that the next hearing of the Board of Variance is scheduled for October21, 2020 at 5 p.m. in the Municipal Hall Council Chamber.

12. Adjournment

Itwas Moved and Seconded: THATthe September 23, 2020 Board of Variance hearing be adjourned. CARRIED

The Board of Variance hearing adjourned at 5:49 p.m.

Certified Correct: s. 22(1) s. 22(1)

L. Radab, Chair P. Cuk, Secretary

SEPTEMBER23, 2020 BOARD OF VARIANCEHEARING MINUTES M-7 4113970v1 (9)(c) s. 22(1) s. 22(1) (9)(d) s. 22(1) s. 22(1) (9)(e) s. 22(1) s. 22(1) (10)(a)

Mahssa Beattie

s. 22(1) From: Sent: Thursday, October 29, 2020 5:23 PM To: MayorandCouncil Subject: Craig Cameron Twitter re chip Wilson

I guess a man who positions himself as a family man has a very interesting way to express himself. I am absolutely disgusted and appalled and embarrassed as a professional working woman to have this kind of representation and leadership You do not represent anyone I know and it would be important fir you to consider resigning, take some time to reflect and determine how the kind of leader, you as a family man, would like to represent.

Simply unacceptable.

s. 22(1)

West Vancouver s. 22(1) (10)(b)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Friday, October 30, 2020 9:25 AM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

30 Oct 2020 Unique Identifier: 1604074323_5f9c3b53d98f40.63681183

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 I feel this is extraordinarily offensive and deeply concerning. Mr Cameron should be requested to take training on appropriate communication and behaviour and District of West Vancouver employee guidelines on same.

 Irrespective of Councillor Cameron's motivations (like fighting homelessness), his words are unacceptable to me; he does not speak for me. And no Mr. Cameron you were not tweeting as a "private citizen" because as an elected official you are representing West Vancouver residents.

 Grossly, grossly, disturbing, offensive, comments for which Mr Cameron should unequivocally apologize. Mr Cameron's actions are an insult to every resident, taxpayer or voter in West Vancouver.

 I feel that Councillor Cameron's latest Twitter Rant has gone too far. I do not support that an elected representative of West Vancouver behaves in such an unprofessional and uncouth manner in his twitter attacks. It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour.

 Mayor Booth should remove Mr Cameron from being the District of West Vancouver ’s representative on the Mayors’ Translink Council and other Committees of the District of West Vancouver Council that he is currently on.  Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.

 Mayor Booth should request all Councillors put their cell phones away during Council Meetings. The Council are there to listen to presenters and residents and it is disrespectful for Councillors to be looking at their phones and messages while presenters are talking. It has been noted many times that during council meetings Councillor Cameron in particular spends more time on his phone than paying attention to council proceedings

 Mr Cameron seems addicted to his twitter exchanges. He would be better to spend his time focusing on the interests of the residents of West Vancouver and the health and economic challenges being faced by residents.

 District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt???

 Mr Cameron has embarrassed his fellow councillors by this tweet and he owes them a public apology and a commitment that he will spend less time on Twitter and more time on the concerns of District of West Vancouver residents

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

Thank you

s. 22(1) wv (10)(c)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Friday, October 30, 2020 10:04 AM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

30 Oct 2020 Unique Identifier: 1604077146_5f9c465aaddd59.60438818

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.

 Mayor Booth should request all Councillors put their cell phones away during Council Meetings. The Council are there to listen to presenters and residents and it is disrespectful for Councillors to be looking at their phones and messages while presenters are talking. It has been noted many times that during council meetings Councillor Cameron in particular spends more time on his phone than paying attention to council proceedings

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

Thank you s. 22(1)

West Vancouver. s. 22(1) (10)(d)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Friday, October 30, 2020 2:16 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

30 Oct 2020 Unique Identifier: 1604091491_5f9c7e63187491.42112360

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

I am offended that Mr. Cameron made derogatory comments regarding the staff at Mountain Co op re their salaries and then followed it up with an absurd and derogatory comment to Mr. Wilson on twitter. I have given up on the West Vancouver council so couldn't care how they "discipline" someone who has shown his true colours on twitter. As a lawyer, i would assume his English skills to be above the normal standard. Evidently not so.

Thank you

s. 22(1)

West Vancouver, BC. s. 22(1) (10)(e)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Saturday, October 31, 2020 8:54 AM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

31 Oct 2020 Unique Identifier: 1604158833_5f9d8571ee89b0.13522085

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 Irrespective of Councillor Cameron's motivations (like fighting homelessness), his words are unacceptable to me; he does not speak for me. And no Mr. Cameron you were not tweeting as a "private citizen" because as an elected official you are representing West Vancouver residents.

 Grossly, grossly, disturbing, offensive, comments for which Mr Cameron should unequivocally apologize. Mr Cameron's actions are an insult to every resident, taxpayer or voter in West Vancouver.

 I feel that Councillor Cameron's latest Twitter Rant has gone too far. I do not support that an elected representative of West Vancouver behaves in such an unprofessional and uncouth manner in his twitter attacks. It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour.

 Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.  Mr Cameron seems addicted to his twitter exchanges. He would be better to spend his time focusing on the interests of the residents of West Vancouver and the health and economic challenges being faced by residents.

 District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt???

 Mr Cameron has embarrassed his fellow councillors by this tweet and he owes them a public apology and a commitment that he will spend less time on Twitter and more time on the concerns of District of West Vancouver residents

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

I am s. 22(1) , but not a prude. I think the least we can expect is an apology for saying what he thought was funny, but was not.

Thank you

s. 22(1)

West Vancouver B.C. s. 22(1) s. 22(1) (10)(f)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Saturday, October 31, 2020 8:59 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

31 Oct 2020 Unique Identifier: 1604202333_5f9e2f5d264204.22554992

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 I feel that Councillor Cameron's latest Twitter Rant has gone too far. I do not support that an elected representative of West Vancouver behaves in such an unprofessional and uncouth manner in his twitter attacks. It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour.

 Mayor Booth should remove Mr Cameron from being the District of West Vancouver ’s representative on the Mayors’ Translink Council and other Committees of the District of West Vancouver Council that he is currently on.

 Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.

 District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt??? Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

Thank you s. 22(1)

West Vancouver, B.C s. 22(1) (10)(g)

Mahssa Beattie

s. 22(1) From: Claus Jensen Sent: Tuesday, November 3, 2020 11:59 AM To: MayorandCouncil Subject: [Possible Malware Fraud]Survey Results of Councillor Cameron’s use of Inappropriate Language in a Recent Twitter Exchange Attachments: wvcs letter to mayor councillors re cameron inappropriate twitter oct2020.doc

WARNING: Your email security system has determined the message below may be a potential threat.

It may trick victims into clicking a link and downloading malware. Do not open suspicious links.

If you do not know the sender or cannot verify the integrity of the message, please do not respond or click on links in the message. Depending on the security settings, clickable URLs may have been modified to provide additional security.

District of West Vancouver Mayor & Council

Please see the below letter in “email format” and the identical letter in a word document attached which was previously sent to “Mayor and Council” and now we wish to be on record and look forward to your response.

And in addition, We have a specific question and request an answer. In the letter created by WV residents- voters-taxpayers the following question was asked and no response has been received. Please respond to me and I will share the response received.

District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt???

Thank you.

West Vancouver Community Stakeholders per: Claus Jensen West Vancouver, BC

s. 22(1)

West Vancouver Community Stakeholders West Vancouver

1 November 2020

Mayor Booth, Councillors: Wong, Thompson, Soprovich, Lambur, Gambioli

re: Survey Results of Councillor Cameron’s use of Inappropriate Language in a Recent Twitter Exchange

To date 91% of WV residents who voted in WVCS sponsored survey concluded that Councillor Cameron's tweet was inappropriate. See Appendix A for more statistical detail and explanation and the link to the survey report. And also note what consequences residents felt were most appropriate (based on their votes).

As council considers what action to take with respect of the above we would ask you Madam Mayor and Councillors to consider the following:

1. Mr Cameron’s behaviour re twitter is not the sort of behaviour residents find acceptable from an elected representative of the District of West Vancouver. And it is not only this twitter but Mr. Cameron has a long term persistent pattern of bullying behaviour displayed during council meetings and exchanges with residents and fellow councillors.

2. His behaviour does not set a good example for staff of the District of West Vancouver (DWV).

3. Mr Cameron should likely seek some counselling re his behaviour in this and regarding previous instances of inappropriate behaviour.

4. In surveying residents at the very least Mr Cameron should issue an unreserved written apology to his fellow Councillors, Staff and Residents of DWV and: 5. You should consider replacing Mr Cameron on the Translink Mayors’ Council with yourself or another Councillor as his behaviour makes it unacceptable to have him representing DWV.

Thank you.

WEST VANCOUVER COMMUNITY STAKEHOLDERS

"signed on behalf of WVCS"

Nigel Malkin

Bob Charworth-Musters

Graham McIsaac

Claus Jensen Appendix A

My name is Claus Jensen and I administered the survey where WVCS made an open invitation to all WV Residents (who certified they were WV residents) and who wanted to give their opinion on a recent tweet made by Councillor Cameron. The core question:

"It is INAPPROPRIATE for WV councillor Craig Cameron to twitter: “Chip would be better off playing with his erection rather than meddling in the election." [ alternate options: Inappropriate or OK on twitter or None of above]. Link to survey result: https://dataca.surveygizmo.com/r/50008356_5f9f1447aec946.90500122

For the above survey question, I confirm that 90.1% of WV residents who voted felt that Mr. Cameron's twitter was inappropriate. 90.1% is an interesting and informative number, but not on its own. Based on statistical theory, what is more accurate and powerfull is the following statement:

Based on the number of WV residents answering the survey (sample size) and number of WV resident-voters, I am 99% confident that if every WV resident was polled AND if every WV resident responded then 99% of the time WV residents' whole community vote result would be in the range of 81% to 98% of WV that Mr. Cameron's tweet was inappropriate.

It then follows that we can say with 99% statistical confidence that at least 81% of all WV residents (community) feel that Mr. Cameron's tweet was inappropriate. And Council if you do not believe your resposnibility is to the whole WV community, then read no further because it will be a waste of your time.

More information from the survey results:

1. 60.5% of people made this statement about Councillor Cameron: ".... It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour" Hence it seems pretty clear that WV community is looking for Council to hold Mr. Cameron "accountable for his unacceptable behaviour".

2. 67.1% requested that council passed a formal resolution condemming the inappropriate language on Twitter used by Mr. Cameron ... If council can pass an environmental emergency resolution, council can certainly legally pass this type of resolution. This you can legally do. 3. 55% felt that you should "fire" Mr. Cameron from being on the Translink council and from being on DWV committees (like the Arts). This you can legally do.

4. 67% felt Mr Cameron should make a public written statement of apology ... this, of course you can not legally make Mr. Cameron do.

5. 59% felt that cell phone usage by by Mr. Cameron and councillors during council meetings should be forbidden. This can legally be done.

And every person who sent a letter to council, finished their letter with: "Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour." You can urge all you want. But legally Mr. Cameron can do whatever he choses to do (subject to the power of DWV code of conduct bylaw West Vancouver Community Stakeholders West Vancouver

1 November 2020

Mayor Booth, Councillors: Wong, Thompson, Soprovich, Lambur, Gambioli re: Survey Results of Councillor Cameron’s use of Inappropriate Language in a Recent Twitter Exchange

To date 91% of WV residents who voted in WVCS sponsored survey concluded that Councillor Cameron's tweet was inappropriate. See Appendix A for more statistical detail and explanation and the link to the survey report. And also note what consequences residents felt were most appropriate (based on their votes).

As council considers what action to take with respect of the above we would ask you Madam Mayor and Councillors to consider the following:

1. Mr Cameron’s behaviour re twitter is not the sort of behaviour residents find acceptable from an elected representative of the District of West Vancouver. And it is not only this twitter but Mr. Cameron has a long term persistent pattern of bullying behaviour displayed during council meetings and exchanges with residents and fellow councillors.

2. His behaviour does not set a good example for staff of the District of West Vancouver (DWV).

3. Mr Cameron should likely seek some counselling re his behaviour in this and regarding previous instances of inappropriate behaviour.

4. In surveying residents at the very least Mr Cameron should issue an unreserved written apology to his fellow Councillors, Staff and Residents of DWV and:

5. You should consider replacing Mr Cameron on the Translink Mayors’ Council with yourself or another Councillor as his behaviour makes it unacceptable to have him representing DWV.

Thank you.

WEST VANCOUVER COMMUNITY STAKEHOLDERS

"signed on behalf of WVCS"

Nigel Malkin Bob Charworth-Musters Graham McIsaac Claus Jensen Appendix A My name is Claus Jensen and I administered the survey where WVCS made an open invitation to all WV Residents (who certified they were WV residents) and who wanted to give their opinion on a recent tweet made by Councillor Cameron. The core question:

"It is INAPPROPRIATE for WV councillor Craig Cameron to twitter: “Chip would be better off playing with his erection rather than meddling in the election." [ alternate options: Inappropriate or OK on twitter or None of above]. Link to survey result: https://dataca.surveygizmo.com/r/50008356_5f9f1447aec946.90500122

For the above survey question, I confirm that 90.1% of WV residents who voted felt that Mr. Cameron's twitter was inappropriate. 90.1% is an interesting and informative number, but not on its own. Based on statistical theory, what is more accurate and powerfull is the following statement:

Based on the number of WV residents answering the survey (sample size) and number of WV resident-voters, I am 99% confident that if every WV resident was polled AND if every WV resident responded then 99% of the time WV residents' whole community vote result would be in the range of 81% to 98% of WV that Mr. Cameron's tweet was inappropriate.

It then follows that we can say with 99% statistical confidence that at least 81% of all WV residents (community) feel that Mr. Cameron's tweet was inappropriate. And Council if you do not believe your resposnibility is to the whole WV community, then read no further because it will be a waste of your time.

More information from the survey results:

1. 60.5% of people made this statement about Councillor Cameron: ".... It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour" Hence it seems pretty clear that WV community is looking for Council to hold Mr. Cameron "accountable for his unacceptable behaviour".

2. 67.1% requested that council passed a formal resolution condemming the inappropriate language on Twitter used by Mr. Cameron ... If council can pass an environmental emergency resolution, council can certainly legally pass this type of resolution. This you can legally do.

3. 55% felt that you should "fire" Mr. Cameron from being on the Translink council and from being on DWV committees (like the Arts). This you can legally do.

4. 67% felt Mr Cameron should make a public written statement of apology ... this, of course you can not legally make Mr. Cameron do.

5. 59% felt that cell phone usage by by Mr. Cameron and councillors during council meetings should be forbidden. This can legally be done.

And every person who sent a letter to council, finished their letter with: "Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour." You can urge all you want. But legally Mr. Cameron can do whatever he choses to do (subject to the power of DWV code of conduct bylaw). (10)(h)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Tuesday, November 3, 2020 6:27 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

03 Nov 2020 Unique Identifier: 1604455936_5fa20e00e15632.32636174

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 I feel this is extraordinarily offensive and deeply concerning. Mr Cameron should be requested to take training on appropriate communication and behaviour and District of West Vancouver employee guidelines on same.

 Irrespective of Councillor Cameron's motivations (like fighting homelessness), his words are unacceptable to me; he does not speak for me. And no Mr. Cameron you were not tweeting as a "private citizen" because as an elected official you are representing West Vancouver residents.

 Grossly, grossly, disturbing, offensive, comments for which Mr Cameron should unequivocally apologize. Mr Cameron's actions are an insult to every resident, taxpayer or voter in West Vancouver.

 Mayor Booth should remove Mr Cameron from being the District of West Vancouver ’s representative on the Mayors’ Translink Council and other Committees of the District of West Vancouver Council that he is currently on.

 Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.  Mayor Booth should request all Councillors put their cell phones away during Council Meetings. The Council are there to listen to presenters and residents and it is disrespectful for Councillors to be looking at their phones and messages while presenters are talking. It has been noted many times that during council meetings Councillor Cameron in particular spends more time on his phone than paying attention to council proceedings

 Mr Cameron seems addicted to his twitter exchanges. He would be better to spend his time focusing on the interests of the residents of West Vancouver and the health and economic challenges being faced by residents.

 District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt???

 Mr Cameron has embarrassed his fellow councillors by this tweet and he owes them a public apology and a commitment that he will spend less time on Twitter and more time on the concerns of District of West Vancouver residents

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

Cameron's ebullience is inappropriate in his elected position and in this instance he was just plain wrong.

Thank you

s. 22(1)

West Vancouver. s. 22(1) (10)(i)

Mahssa Beattie

From: Councillor Cameron Twitter Rant Sent: Wednesday, November 4, 2020 10:05 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Craig Cameron; s. 22(1) Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: Twitter Rant by Councillor Cameron Crosses the Line

05 Nov 2020 Unique Identifier: 1604555572_5fa39334f39c08.54482790

Dear Councillors:

Here is my understanding: Recently Mr Craig Cameron who is a lawyer, employee of the Canadian Justice Department, Councillor of the District of West Vancouver and represents West Vancouver on the Translink Mayors’ Council made highly inappropriate comments on Twitter in response to an article written in the Daily Hive by Mr Chip Wilson on the demise of Mountain Equipment Coop. These comments are unbecoming of an elected official in West Vancouver and reflect poorly on Mr Cameron and his judgement and are embarrassing to the Mayor, his fellow Councillors and the residents of West Vancouver.

The big question is what specific actions are our Mayor and Councillors going to take and when?

Below are my additional comments, observations or concerns about Mr. Cameron's twitter activities:

 I request that the Council of the District of West Vancouver pass a formal resolution condemning the inappropriate language on Twitter used by Mr Craig Cameron and remind him that as an elected representative of West Vancouver what he says on any media reflects on the Council and Residents of West Vancouver.

 I feel this is extraordinarily offensive and deeply concerning. Mr Cameron should be requested to take training on appropriate communication and behaviour and District of West Vancouver employee guidelines on same.

 Irrespective of Councillor Cameron's motivations (like fighting homelessness), his words are unacceptable to me; he does not speak for me. And no Mr. Cameron you were not tweeting as a "private citizen" because as an elected official you are representing West Vancouver residents.

 Grossly, grossly, disturbing, offensive, comments for which Mr Cameron should unequivocally apologize. Mr Cameron's actions are an insult to every resident, taxpayer or voter in West Vancouver.

 I feel that Councillor Cameron's latest Twitter Rant has gone too far. I do not support that an elected representative of West Vancouver behaves in such an unprofessional and uncouth manner in his twitter attacks. It seems to me he is being a bully, insensitive, ignorant, offensive, inappropriate and he needs to be accountable for his unacceptable behaviour.

 Mayor Booth should remove Mr Cameron from being the District of West Vancouver ’s representative on the Mayors’ Translink Council and other Committees of the District of West Vancouver Council that he is currently on.  Mr Cameron should make a public written statement of apology to the Mayor and his fellow Councillors and the residents of the District of West Vancouver for his offensive tweet. The letter should be included in Council correspondence and read out by him at an upcoming Council Meeting.

 Mayor Booth should request all Councillors put their cell phones away during Council Meetings. The Council are there to listen to presenters and residents and it is disrespectful for Councillors to be looking at their phones and messages while presenters are talking. It has been noted many times that during council meetings Councillor Cameron in particular spends more time on his phone than paying attention to council proceedings

 Mr Cameron seems addicted to his twitter exchanges. He would be better to spend his time focusing on the interests of the residents of West Vancouver and the health and economic challenges being faced by residents.

 District of West Vancouver has a “ respectful behaviour” by law that states in West Vancouver residents and employees must “ treat others with respect, courtesy, fairness and equality”. Does this by law not apply to our Councillors or are they exempt???

Please urge Mr. Cameron to take a leave of absence or resign from Council and take appropriate sensitivity training and training on District of West Vancouver Code of Conduct dealing with respectful behaviour.

Mr. Cameron's behaviour is beneath that of an elected representative. I have never voted for Mr. Cameron and his uncouth, unsavoury, and unbalanced behaviour and attitude towards his job and the residents of West Vancouver are two reasons why. He is an embarrassment to all of us whose taxes pay his salary. Other politicians have resigned for less. He should resign, but his self-righteousness and ego directs his faulty value system.

Thank you

s. 22(1)

West Vancouver s. 22(1) (10)(j)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 1:39 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604612238_5fa4708ed943b6.94254095

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you s. 22(1) (10)(k)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 1:48 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604612743_5fa472877aca63.53662547

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you s. 22(1)

West Van ps - surely the Code of Conduct for Councillors should be the same as for Staff (10)(l)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 2:45 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604614404_5fa4790424be57.20759494

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you

s. 22(1)

West Vancouver

PS The apology that Councilor Cameron delivered did not feel genuine or remorseful. I have watched a number of Council Meetings in the last year where he has been very nasty and overbearing in directing comments to Councilors Thompson and Lambur and the Public on discussion items. We should expect an environment that allows people to question, share and have them received respectfully. Councilor Cameron should step aside and demonstrate that he can modify his behavior that many West Van residents feel that he stepped over the line. There should be consequences. (10)(m)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 4:56 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604623671_5fa49d37e72663.54723561

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you

s. 22(1)

W. Van

PS. why doesn't Council save some W. Van. Taxpayer's money and follow this Official Code of Conduct from the Prov of BC re responsive conduct of locally elected officials. With three lawyers on Council, surely they would know that this already exists (10)(n)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 6:02 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604627868_5fa4ad9c0589e2.07499255

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you

s. 22(1)

West Vancouver BC s. 22(1) (10)(o)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 7:49 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

05 Nov 2020 Petition Unique Identifier: 1604634301_5fa4c6bd5d9599.31658735

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you

s. 22(1)

West Vancouver (10)(p)

Mahssa Beattie

From: Councillor Cameron's Apology Not Enough Sent: Thursday, November 5, 2020 11:17 PM To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; Nora Gambioli; s. 22(1) Marcus Wong; Mary-Ann Booth; Subject: Councillor Cameron's Apology insufficient. There must be consequences.

06 Nov 2020 Petition Unique Identifier: 1604645771_5fa4f38b43dd03.28128296

I certify that I am a resident of West Vancouver.

I am petitioning Mayor Booth to replace Councillor Cameron on two DWV positions that he currently holds:

1. As your representative at Translink Mayors' council; and 2. As a member of all DWV committees, including the Arts Facilities Committee

It is my understanding Mayor Booth that you have the legal capacity to execute my request.

I am aware that at the last council meeting you confirmed that Mr. Cameron's said tweet was inappropriate and asked him to apologize to our community.

I am aware that Mr. Cameron apologized to our community.

I am aware that at times Mr. Cameron has bullied fellow councillors and/or in interactions with West Vancouver residents at public meetings (some of which is documented in Council meeting videos).

I am aware that in a recent survey sponsored by West Vancouver Community Stakeholders group that 91% of people who certified they were WV residents felt that Mr. Cameron's tweet was inappropriate. I am aware that more than 60% of people felt that in addition to an apology, more substantial consequences should befall Mr. Cameron.

I petition you to replace Mr. Cameron on the above two functions.

Thank you

s. 22(1) West Van PS I could care less about Craig Cameron's comment on "erection!" It is an act of an obnoxious "boy" needing to show off! It is the first comment in his tweet that shows he does not have the compassion nor the depth to understand the vulnerable in our society. This is more problematic. How could he possibly serve and defend the public? (11)(a)

Mahssa Beattie

s. 22(1) From: Sent: Friday, October 30, 2020 9:51 AM s. 22(1) To: ; MayorandCouncil; Peter Lambur; Sharon Thompson; Bill s. 22(1) Soprovich; Craig Cameron; Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: I oppose the proposed Inglewood Care Centre Development

s. 22(1) West Vancouver, s. 22(1)

30 Oct 2020

Dear Councillors:

My name is s. 22(1) and I am a resident of West Vancouver. I am sending you this email to tell you that I do not support the expansion of Inglewood Care Centre as currently proposed. I could possibly support a much smaller and lower building height proposal.

There are other reasons why I oppose this spot re-zoning application:

 I feel outraged, despair and anger when I read that council is even contemplating moving this proposal forward. I am not opposed to senior care facilities, but the proposed development is far too large and not the right fit for our community; it is the equivalent of 2.6 Lions Gate Hospitals constructed at Taylor Way and Inglewood. This proposal is massive. The mass (4 buildings), height (up to 11 floors) and density (from 230 beds to 699 units – a 529% increase in Floor Area Ratio), is completely at odds with West Van’s small town, village character.

 This proposal is yet another example of spot-zoning and will set a precedent for the entire Taylor Way corridor. It should not be considered until a Local Area Plan has been completed. To do otherwise overrides a critical aspect of local community input as to the types of development residents want (or don’t want) in their neighbourhood.

 I am concerned about the impact this project will have on infrastructure (roads, sewer systems, drinking water, community facilities and parks).

 While the use of this site for housing and a graduated care facility is acceptable, the massive size of the project, particularly within a single-family residential neighbourhood, is not acceptable.

 The benefits to the community do not outweigh the drawbacks. The majority of the proposed development is rental apartments and private, for-profit units. There must be a significant increase in publicly funded long-term care to offer true community benefit.

 I am concerned about the traffic impact the proposed development will have. Additional residents, visitors and support workers such as medical staff (doctors, nurses, physiotherapists, etc.) and maintenance workers (cleaning and commercial laundry services, deliveries, etc.), plus users of the contemplated child day care facility and Seniors Wellness centre will put undue pressure on already congested roads. Please reject this proposal as currently presented to West Vancouver residents.

Thank you

s. 22(1) (11)(b)

Mahssa Beattie

s. 22(1) From: Sent: Friday, October 30, 2020 1:01 PM s. 22(1) To: ; MayorandCouncil; Peter Lambur; Sharon Thompson; Bill s. 22(1) Soprovich; Craig Cameron; Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: I oppose the proposed Inglewood Care Centre Development

s. 22(1)

West Vancouver BC s. 22(1)

30 Oct 2020

Dear Councillors:

My name is s. 22(1) and I am a resident of West Vancouver. I am sending you this email to tell you that I do not support the expansion of Inglewood Care Centre as currently proposed. I could possibly support a much smaller and lower building height proposal.

There are other reasons why I oppose this spot re-zoning application:

 Based on the proposed living areas, 67% of this development is for condos and 33% is for senior care (Long Term Care and Assisted Living). This just sounds like a condo development dressed up and marketed as a senior care facility.

 While the use of this site for housing and a graduated care facility is acceptable, the massive size of the project, particularly within a single-family residential neighbourhood, is not acceptable.

 I am concerned about the traffic impact the proposed development will have. Additional residents, visitors and support workers such as medical staff (doctors, nurses, physiotherapists, etc.) and maintenance workers (cleaning and commercial laundry services, deliveries, etc.), plus users of the contemplated child day care facility and Seniors Wellness centre will put undue pressure on already congested roads.

Please reject this proposal as currently presented to West Vancouver residents.

Thank you

s. 22(1) (11)(c)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 11:15 AM s. 22(1) To: ; MayorandCouncil; Peter Lambur; Sharon Thompson; Bill s. 22(1) Soprovich; Craig Cameron; Nora Gambioli; Marcus Wong; Mary-Ann Booth;

Subject: I oppose the proposed Inglewood Care Centre Development

s. 22(1)

West Vancouver BC. s. 22(1)

01 Nov 2020

Dear Councillors:

My name is s. 22(1) and I am a resident of West Vancouver. I am sending you this email to tell you that I do not support the expansion of Inglewood Care Centre as currently proposed. I could possibly support a much smaller and lower building height proposal.

There are other reasons why I oppose this spot re-zoning application:

 I feel outraged, despair and anger when I read that council is even contemplating moving this proposal forward. I am not opposed to senior care facilities, but the proposed development is far too large and not the right fit for our community; it is the equivalent of 2.6 Lions Gate Hospitals constructed at Taylor Way and Inglewood. This proposal is massive. The mass (4 buildings), height (up to 11 floors) and density (from 230 beds to 699 units – a 529% increase in Floor Area Ratio), is completely at odds with West Van’s small town, village character.

 I am concerned about the environmental impact this project. The carbon emissions from just the demolition, clearing of land the construction and furnishing of the facility will be significant. In addition the year after year operating (heating, lights, maintenance) carbon emissions from the facility itself plus the consequential increase in carbon emissions associated with increase population, traffic, utility operations, and etc.). Council has passed a "Climate Emergency Resolution" and yet there is NO analysis of the environmental impact of just building the proposed structure.

 Based on the proposed living areas, 67% of this development is for condos and 33% is for senior care (Long Term Care and Assisted Living). This just sounds like a condo development dressed up and marketed as a senior care facility.

 This proposal is yet another example of spot-zoning and will set a precedent for the entire Taylor Way corridor. It should not be considered until a Local Area Plan has been completed. To do otherwise overrides a critical aspect of local community input as to the types of development residents want (or don’t want) in their neighbourhood.

 I want a degree of predictability with zoning and development, yet this is another case of spot- zoning. I strongly object to spot-zoning. I despair that we are allowing developers to shape our community instead of residents. There is no point in having an Official Community Plan or Local Area Plans if Council continues to allow such significant exceptions.

 There are currently 230 publicly funded long-term care beds at this location. This proposal provides NO increase in public care beds. We need more publicly funded long-term care beds, not expensive, private-care facilities. The benefits to the community do not outweigh the drawbacks. If a significant increase in density is requested there needs to be a significant increase in publicly funded long-term care capacity.

 I am concerned about the impact this project will have on infrastructure (roads, sewer systems, drinking water, community facilities and parks).

 While the use of this site for housing and a graduated care facility is acceptable, the massive size of the project, particularly within a single-family residential neighbourhood, is not acceptable.

 We need more publicly funded long-term care beds, not expensive, private-care facilities. Yet this proposal provides NO increase in public care beds. I could possibly support a much smaller building if all beds were designated publicly funded long-term care.

 The benefits to the community do not outweigh the drawbacks. The majority of the proposed development is rental apartments and private, for-profit units. There must be a significant increase in publicly funded long-term care to offer true community benefit.

 I am concerned about the traffic impact the proposed development will have. Additional residents, visitors and support workers such as medical staff (doctors, nurses, physiotherapists, etc.) and maintenance workers (cleaning and commercial laundry services, deliveries, etc.), plus users of the contemplated child day care facility and Seniors Wellness centre will put undue pressure on already congested roads.

Please reject this proposal as currently presented to West Vancouver residents.

The developers push the envelope and council decides that those of us who voice our opinions are negative and not progressive. i would like West Vancouver viewed as a whole unit, not separate pieces cobbled together.

Thank you

s. 22(1) (11)(d)

Mahssa Beattie

s. 22(1) From: Sent: Thursday, November 5, 2020 1:05 PM s. 22(1) To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill Soprovich; s. 22(1) Craig Cameron; Nora Gambioli; Marcus Wong; Mary-Ann Booth; s. 22(1) Subject: I oppose the proposed Inglewood Care Centre Development

s. 22(1)

West Vancouver, BC s. 22(1)

05 Nov 2020

Dear Councillors:

My name is s. 22(1) and I am a resident of West Vancouver. I am sending you this email to tell you that I do not support the expansion of Inglewood Care Centre as currently proposed. I could possibly support a much smaller and lower building height proposal.

There are other reasons why I oppose this spot re-zoning application:

 I feel outraged, despair and anger when I read that council is even contemplating moving this proposal forward. I am not opposed to senior care facilities, but the proposed development is far too large and not the right fit for our community; it is the equivalent of 2.6 Lions Gate Hospitals constructed at Taylor Way and Inglewood. This proposal is massive. The mass (4 buildings), height (up to 11 floors) and density (from 230 beds to 699 units – a 529% increase in Floor Area Ratio), is completely at odds with West Van’s small town, village character.

 Based on the proposed living areas, 67% of this development is for condos and 33% is for senior care (Long Term Care and Assisted Living). This just sounds like a condo development dressed up and marketed as a senior care facility.

 This proposal is yet another example of spot-zoning and will set a precedent for the entire Taylor Way corridor. It should not be considered until a Local Area Plan has been completed. To do otherwise overrides a critical aspect of local community input as to the types of development residents want (or don’t want) in their neighbourhood.

 There are currently 230 publicly funded long-term care beds at this location. This proposal provides NO increase in public care beds. We need more publicly funded long-term care beds, not expensive, private-care facilities. The benefits to the community do not outweigh the drawbacks. If a significant increase in density is requested there needs to be a significant increase in publicly funded long-term care capacity.

 I am concerned about the impact this project will have on infrastructure (roads, sewer systems, drinking water, community facilities and parks).  While the use of this site for housing and a graduated care facility is acceptable, the massive size of the project, particularly within a single-family residential neighbourhood, is not acceptable.

 We need more publicly funded long-term care beds, not expensive, private-care facilities. Yet this proposal provides NO increase in public care beds. I could possibly support a much smaller building if all beds were designated publicly funded long-term care.

 The benefits to the community do not outweigh the drawbacks. The majority of the proposed development is rental apartments and private, for-profit units. There must be a significant increase in publicly funded long-term care to offer true community benefit.

 I am concerned about the traffic impact the proposed development will have. Additional residents, visitors and support workers such as medical staff (doctors, nurses, physiotherapists, etc.) and maintenance workers (cleaning and commercial laundry services, deliveries, etc.), plus users of the contemplated child day care facility and Seniors Wellness centre will put undue pressure on already congested roads.

Please reject this proposal as currently presented to West Vancouver residents.

Thank you

s. 22(1) (11)(e)

Mahssa Beattie

s. 22(1) From: Sent: Thursday, November 5, 2020 1:07 PM s. 22(1) To: MayorandCouncil; Peter Lambur; Sharon Thompson; Bill s. 22(1) Soprovich; Craig Cameron; Nora Gambioli; Marcus Wong; Mary-Ann Booth; s. 22(1) Subject: I oppose the proposed Inglewood Care Centre Development

s. 22(1)

West Vancouver

05 Nov 2020

Dear Councillors:

My name is s. 22(1) and I am a resident of West Vancouver. I am sending you this email to tell you that I do not support the expansion of Inglewood Care Centre as currently proposed. I could possibly support a much smaller and lower building height proposal.

There are other reasons why I oppose this spot re-zoning application:

 I feel outraged, despair and anger when I read that council is even contemplating moving this proposal forward. I am not opposed to senior care facilities, but the proposed development is far too large and not the right fit for our community; it is the equivalent of 2.6 Lions Gate Hospitals constructed at Taylor Way and Inglewood. This proposal is massive. The mass (4 buildings), height (up to 11 floors) and density (from 230 beds to 699 units – a 529% increase in Floor Area Ratio), is completely at odds with West Van’s small town, village character.

 Based on the proposed living areas, 67% of this development is for condos and 33% is for senior care (Long Term Care and Assisted Living). This just sounds like a condo development dressed up and marketed as a senior care facility.

 This proposal is yet another example of spot-zoning and will set a precedent for the entire Taylor Way corridor. It should not be considered until a Local Area Plan has been completed. To do otherwise overrides a critical aspect of local community input as to the types of development residents want (or don’t want) in their neighbourhood.

 I want a degree of predictability with zoning and development, yet this is another case of spot- zoning. I strongly object to spot-zoning. I despair that we are allowing developers to shape our community instead of residents. There is no point in having an Official Community Plan or Local Area Plans if Council continues to allow such significant exceptions.

 I am concerned about the impact this project will have on infrastructure (roads, sewer systems, drinking water, community facilities and parks).

 We need more publicly funded long-term care beds, not expensive, private-care facilities. Yet this proposal provides NO increase in public care beds. I could possibly support a much smaller building if all beds were designated publicly funded long-term care.  The benefits to the community do not outweigh the drawbacks. The majority of the proposed development is rental apartments and private, for-profit units. There must be a significant increase in publicly funded long-term care to offer true community benefit.

Please reject this proposal as currently presented to West Vancouver residents.

Yet another spot zoning that should not go ahead until LAP and traffic studies are complete

Thank you

s. 22(1) (12)(a)

Mahssa Beattie

s. 22(1) From: Lucinda Jones Sent: Friday, October 30, 2020 3:28 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: For Immediate Attention: Rescind Correction to Tree Bylaw Amendment No. 5089,2020 Attachments: Abstract incl. Address in Respect of Amendments to Interim Tree Bylaw 5089,2020.docx

Mayor&Council West Vancouver Jim Bailey, Heather Keith, Michelle McGuire, Matthew MacKinnon, David Hawkins

Dear Mayor and Council and staff,

In respect of Monday November 2nd, 2020 Council Agenda item for the adoption of Tree Bylaw Amendment 5089,2020, please make yourself available to the attached document in preparation for Monday evening.

Thank You in advance for your attention and good luck with the scaaaary Hallowe'en and All Souls Day which follows,

Lucinda Jones Urban Tree Alliance

Lucinda Jones s. 22(1) West Vancouver, BC s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bares no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. And 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formattings of other jurisdictions, including City of Vancouver, which may offer less costly administrative solutions.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more;

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasing vital role to play.

The equation of trees lost to various developments with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for them to protect and restore is, generally speaking, several decades.

Significantly diffusing the sense of imperative need for our maturing native trees is the issue of ‘clear-cut above’, along with other developments, which have been excluded from the LiDAR study. This is no small matter. Additionally, the drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified); This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1) Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design (12)(b)

Mahssa Beattie

s. 22(1) From: Lucinda Jones Sent: Saturday, October 31, 2020 2:01 PM To: Mary-Ann Booth; Marcus Wong; Peter Lambur; Nora Gambioli; Heather Keith; David Hawkins; MayorandCouncil; Bill Soprovich; Craig Cameron; Sharon Thompson; Jim Bailey; Michelle McGuire; Matthew MacKinnon Subject: Including Full List of References and Expanded Bibliography - Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020

Mayor and Council and staff, District of West Vancouver,

For Your Interest and additional in-depth examination of this imperative subject.

Please enjoy the depth and breadth and awesomeness of discovery!

Lucinda Jones Urban Tree Alliance

Lucinda Jones s. 22(1) West Vancouver, BC s. 22(1) (12)(c)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 2:23 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: tree bylaw Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1) s. 22(1) West Vancouver BC ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(d)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 4:59 PM To: MayorandCouncil; Michelle McGuire Subject: Tree Bylaw Amendment 5089,2020

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically‐based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, s. 22(1)

Vancouver, BC s. 22(1)

Sent from Mail for Windows 10 (12)(e)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 6:14 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx.pdf

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1)

Salt Spring Island, BC s. 22(1)

s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on-going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave.

______I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour).

At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; -Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions:

City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,-forestry-and- recreation/urban-forestry/permits-removing-or-injuring-trees-on-private- property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated---Tree- Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land-development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_Regulat ion_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree-Bylaw- 2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the- board rate for all infractions to be the only schedule used? At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw-4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree

https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land-development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi-family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing. At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio- geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit. 3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “

75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest.

https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan.

An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree-removal- permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and-greenways/plans- policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver- s-tree-canopy-study-is-deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2.

At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the

protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “

The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design

R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR- RESILIENCY-IN-TIMES-OF-CHANGE-FORESTS/ HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/ 01/OPINION/EARTH-DAY-50-OVER-SO-HOW-DO- WE-GET-EARTH-DAY-100 HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus-unemployment- youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester

Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(f)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 6:21 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, s. 22(1)

Lions Bay, BC s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour).

At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions:

City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “

75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(g)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 7:18 PM To: MayorandCouncil Cc: Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Request to Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically‐based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1)

West Vancouver, B.C. s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave.

______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(h)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 7:19 PM To: MayorandCouncil Cc: Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Amendment 5089,2020 Attachments: Request to Rescind and Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff, I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Kind Regards,

s. 22(1)

Vancouver, BC s. 22(1)

Residing with gratitude on unceded xʷmәθkwәy̓ әm (Musqueam), Skwxwú7mesh (Squamish), Sәl̓ ílwәtaʔ/Selilwitulh (Tsleil-Waututh) territories.

I pray for the strength, fortitude, wisdom, trust, and faith to cease acting out of fear and accept the responsibility to act out of love and truth. ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(i)

Mahssa Beattie

s. 22(1) From: Sent: Saturday, October 31, 2020 7:50 PM To: MayorandCouncil; Mary-Ann Booth; [email protected]; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; Michelle McGuire Subject: Tree Bylaw Amendment 5089, 2020

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance, West Vancouver, and support the Request for a Rescinding of the Third Reading of Tree Bylaw Amendment 5089, 2020. This will allow the necessary and additional ecologically based protection of trees, as requested in the document, to be written into the Tree Bylaw Amendment prior to its passing on November 2, 2020, and its adoption.

Sincerely, s. 22(1)

Vancouver BC s. 22(1) (12)(j)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 5:33 AM To: MayorandCouncil Cc: Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Tree Bylaw Amendment

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, s. 22(1) Vancouver, BC s. 22(1) (12)(k)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 9:40 AM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1) West Vancouver, s. 22(1)

Sent from my iPhone ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(l)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 12:19 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I have read through the attached document of the Urban Tree Alliance. It seems to raise a number of valid concerns and good points. I hope that you will carefully consider the points and recommendations made in the document.

I have also looked at the staff document itself and would like to see greater protection of trees by reducing the size of "any tree greater than 75 cm DBH ....." as specified in point "a)" of the following definition:

I am in full agreement with points "b)" through "h)" and especially with the list of individual species with their sizes greater than 20 cm DBH. I would like to see the size of "Any tree" reduced to "greater than 35 cm" as is one of the recommended alternatives in the attached document.

I wonder if any consideration was given to adding Cascara trees to the list of species in point "f)"? When I was growing up in West Van, my father would point out these trees on our outings up Hollyburn Ridge because he had heard of the medicinal qualities of the bark. Here is a description of the tree:

Sincerely, Peter

s. 22(1)

West Vancouver, British Columbia, Canada, s. 22(1) s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(m)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 1:06 PM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Do not support a request for a rescind of tree bylaw

Dear Mayor and Council of West Vancouver and District staff,

I am against the document produced by the Urban Tree Alliance West Vancouver, and do not support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020.

Yours sincerely,

s. 22(1)

West Vancouver s. 22(1) (12)(n)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 5:41 AM To: MayorandCouncil; Sharon Thompson; Mary-Ann Booth; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; Michelle McGuire; David Hawkins Subject: Vote NO and halt Tree Cutting by-law amendment until tree diameter is decreased and penalties are increased Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020 (1).docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Questions for Mayor and Council and Municipal Staff: I would urge you to discuss publicly and address before any further approvals are given:

1) How is it that West Vancouver is an outlier among other communities in Canada in its tree preservation guidelines and by-laws? Why are we accepting a 75cm diameter as our benchmark when all other jurisdictions have 20 / 30 diameter as the maximum allowable tree size for cutting?

2) Why is it, when there is such overwhelming evidence and urgent action called for protecting trees as a major leveler for climate change from scientist, governments at all levels, the UN, activists etc, does West Vancouver, one of the most heavily treed communities, not listen, take note and take serious and responsible action to save what we have and what all other communities can only wish for! Please Council – this by-law has immediate and serious impacts for generations to come and in its current form is NOT effective.

3) Why not place the real value for the loss of each tree cut including the externalities of the impacts of tree loss and the significant impact of the accruing piecemeal loss of trees lot by lot? $1,000 to a maximum of $10,000 does not even scratch the surface of the real cost of tree loss. And sadly, will NOT be a deterrent for any developer or land owner to consider not cutting a tree – in fact this by law and its penalties are a clear signal to developers and owners that West van is open for development and trees are far down the list of values to be considered. Until we get the real cost of tree cutting right and in line, this by-law is ineffective and lacking any ability to keep West Van treed and in its current highly valued and liveable form.

I have read the original reports and cannot understand how it can be said that the canopy is larger than it was two years ago. How is this measured and accounted for? We can all see, in every West Van neighbourhood, the clear cuts to every development property, including the massive developments above the highway. This has to stop and there must be better controls in place. This can only happen if the following amendments are considered and adopted.

Secondly, the fines for not adhering to these by-laws must be substantially increased, or perhaps made a criminal offense. $10,000 dollars is mere pittance in terms of the actual cost of the property and construction costs - there is absolutely NO INCENTIVE for a builder to adhere to the by-law. For the sake of our community, the environment, and the real issues of climate change, I urge Mayor, Council and Staff to consider very carefully if this tree by law can or will have the ability to effectively deter the further degradation of our trees. West Van is a jewel in the crown of Canadian cities, cities anywhere. It is because of our wonderful natural environment that people want to live here and move here. We can very quickly lose this if we are not honest with ourselves and act responsibly for the future. This by law can change the course of what West Van looks like for generations to come. It is our home, on the mountainside and within the trees that will always continue to set West Van apart from all other communities and one that maintains its roots in the shared value of that environment. We can quickly lose our trees and become like any other urban city in the world. Once gone, the trees will not come back.

Does this Council want to be responsible for the loss of our trees and all the benefits that come from them? Perhaps one day we will all see the trees as a part of the "million dollar view”, as a part of why we are West Van, a reason we can breathe fresh air and are protected from the hot summers of climate change, and live in relative balance with our natural environment, trees and animals – OR, we choose to effectively clear cut and lose it all and suffer the consequences of just another treeless, urban city.

Sincerely,

s. 22(1)

West Vancouver s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave.

______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “

The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(o)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 7:54 AM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Please Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request to Rescind the 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1) Vancouver, BC, s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour).

At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions:

City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(p)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 8:10 AM To: MayorandCouncil Subject: Tree By-Law

Mayor and Council

As a long time citizen of West Vancouver I ask you not to approve the 75 cm diameter and only approve 25 cm diameter as the diameter limit for felling trees without an official approval. Also anybody that brakes this law should be fined $10,000.00. I certainly hope you listen to this request before we destroy the nature of West Vancouver.

s. 22(1)

Sent from s. 22(1) iPhone (12)(q)

Mahssa Beattie

From: Penny Walter on behalf of Info Sent: Monday, November 2, 2020 8:14 AM To: MayorandCouncil Subject: FW: Preserving the West Vancouver Urban Forest

‐‐‐‐‐Original Message‐‐‐‐‐ From: s. 22(1) Sent: Saturday, October 31, 2020 12:01 PM To: Info Cc: s. 22(1) Subject: Preserving the West Vancouver Urban Forest

To the WVD Mayor and Council

I am writing to voice my support for the Urban Tree Alliance re their policy of preventing clear cutting by developers . By requiring trees of a smaller diameter to be left on properties we will maintain biodiversity and ultimately further support a reduction in climate change in our urban forest . The science supports this.

Respectively, s. 22(1)

West Vancouver B C s. 22(1)

Sent from my (12)(r)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 10:10 AM To: MayorandCouncil Subject: Tree Bylaw Amendment Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1)

s. 22(1) West Vancouver ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour).

At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions:

City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2:

https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree

https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(s)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 10:13 AM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Increase Protection of Urban Forest and Fight Climate Change by Protecting Key Sinks Attachments: Forest Carbon Narrative_FINAL.pdf dear Mayor and Council,

Re: Tree cutting Bylaws

I am writing Mayor and Council to encourage you to strengthen tree cutting bylaws in your municipality—not weaken them. One hectare of second growth temperate rainforest on the slope of West Vancouver stores between 800-1200 tonnes of carbon dioxide equivalent—some of the highest storage rates in the world. This make your decision not just a local decision but a decision for communities all over BC. Currently our forests and ocean plants are the only means on earth of removing carbon dioxide from the atmosphere. Protecting forest sinks is as important as removing emissions. When you cut down these trees you both release carbon emissions and reduce the global sink. In other words, the climate suffers twice with tree cutting. The down slope impacts are that the reduced waterflow and erosion impacts our marine environments and the capacity of eel grass, kelp forests and marine plants to capture carbon.

I am writing to encourage the municipality to build tree conservation into its climate action plan like many other progressive communities around the world. The protection of biodiversity starts with the protection of native trees and their understory. Trees are also key elements in flood control, soil moisture and water quality. When you remove too many trees, forest health and soil moisture decline and the risk of fire goes up, not down. The worst fires in this province are in clearcuts, new plantations and where forest moisture has declined. West Van would be acting irresponsibly by making it easier to remove the urban forest. I would recommend Council look to some of the initiatives being explored in the Gulf Islands to ensure that native trees, larger diameter trees and soil moisture are protected. Having regulations as well as incentives is essential in the plans.

I attach a simple case study of an equivalent forest to show what kind of impact treecutting has on our emissions and the failure of tree planting to mitigate these emissions in the short term.

s. 22(1)

Salt Spring Island, BC s. 22(1) The Carbon Cost of Clear-cutting Beddis Road s. 22(1)

‘There are two things we have to do to fight climate change—save sinks and reduce emissions.’ Past UN Secretary-General Kofi Annan, 1997

This report was prepared for Pierre Mineau, (in his capacity as one of the researchers for the Climate Action Plan (CAP) for Salt Spring Island) to answer a simple question: What were the impacts to climate—both in terms of carbon emissions and loss of sinks—as a result of the 2019/2020 10-hectare Beddis Road clear-cut and conversion to residential? The question was intended to generate some understanding about the relative emissions from forestry and land development activities on Salt Spring Island that are currently unaccounted for in any of the inventories for greenhouse gas emissions, i.e., local government, provincial or federal. The reason for no data on emissions caused by forestry and land-use change is that Canada opted out of the accounting for this sector of emissions in 1997 for the Kyoto protocol, and this has remained the case until 2020. This January, with the release of Canada’s 4th Biennial Report on Climate Change, Canada announced its change in approach to accounting for emissions from the forestry sector (included in the category Land Use, Land Use Change and Forestry) towards its 2030 emission reduction target. In order for the CAP to be consistent with federal targets, it will be necessary to determine emissions from this sector, but little data exists.

The importance of understanding forest and land use emissions is that provincially they constitute, on average, more than half of all emissions1 and surpass any other sector, especially when emissions from fires are factored in (which typically are exacerbated by poor forest management and clear-cutting forest practices). Based on a spatial analysis by the CAP research committee of satellite imagery in the last 9 years, somewhere around 10-11 hectares of commercial clear-cut logging occurs on average every year on the island, so this case study provides a rough estimation of annual emissions from this industry. Clear-cutting forests has a double impact on climate; it reduces the sink and increases emissions and the carbon budget loses on both sides of the equation. Additional data on the carbon sequestration and costs of a local tree planting project are also included to compare relative climate benefits, costs and mitigation potential.

1 https://www2.gov.bc.ca/gov/content/environment/climate-change/data/provincial-inventory ; Greig M., and Bull G. 2008. Carbon management in British Columbia’s forests: Opportunities and challenges. Forrex Forum for Research & Extension in Natural Resources, Kamloops, BC. Forrex Series 24. http://www.forrex.org/publications/forrexseries/fs24.pdf

1 Figure 1: Beddis Road western redcedar and Douglas-fir lowland 90-year old forest prior to clear- cutting. Courtesy Bernadette Mertens

2 Figure 2: Beddis Road parcel locator and forest polygons (red and green). Source: Vegetation Resource Inventory.

3 Figure 3: Beddis Road during clear-cutting, March, 2020. Courtesy of Alex Harris

Case Study Summary

Emissions: In the winter of 2019-2020, a roughly ten-hectare mature (90-year old) Douglas- fir/western redcedar forest was clear-cut (Figure 3) resulting in carbon emissions of 322 tonnes2 of carbon/hectare (from above ground carbon pools) through slash burning and decomposition. Based on comparable sites, for the next 13-15 years, this site will continue to emit six tonnes of carbon per annum from the below ground carbon pools, resulting in additional emissions of 75 tonnes of carbon/hectare. For the ten hectares, the carbon emissions released immediately from the 10-hectare clear-cut were 3,220 tonnes from above ground, with another 750 tonnes below ground over the next 15 years. With the loss of that forest sink, an additional 60 tonnes of carbon will remain in the atmosphere and not be sequestered for that same period. In total, the clear-cut will have resulted in 4,000 tonnes of carbon emissions.

Sink: This once mature forest carbon sink has lost its annual carbon sequestration capability of 4 tonnes of carbon per hectare3 4 which means forty tonnes of carbon a year will not be captured annually in the future.

2 One metric tonne of ‘elemental’ carbon, i.e., wood lignin, cellulose etc. is the equivalent of 3.667 tonnes of carbon dioxide equivalent (CO2e) 3 Humphreys E.R., Black T.A., Morgenstern K., Cai T., Drewitt G.B., Nesic, Z., Trofymow, J.A. 2006. Carbon dioxide fluxes in coastal Douglas-fir stands at different stages of development after clear-cut harvesting. Agricultural and Forest Meteorology 140, 6-22. 4 Jassal, R.S., Black, T.A., Chen, B., Real, R., Nesic, Z., Spittlehouse, D., Trofymow, A.J. 2008b. N2O emissions and carbon sequestration in a nitrogen-fertilized Douglas-fir stand. Journal of Geophysical Research-Biogeosciences, doi:10.1029/2008JG000764. 4 Methodology

Above ground carbon pools

A map (Figure 4) generated by BC Habitat Wizard was used with three data layers: 1) Vegetation Resource Inventory (VRI) 2015 http://maps.gov.bc.ca/ess/hm/habwiz/ that contains an incomplete data set of provincial estimates on four above-ground carbon pools (stems, tree bark, foliage and branches (Vegetated Land Cover Layer); there are no data on below ground carbon pools in the VRI); 2) cadastral and; 3) topographic layers. The map below shows one layer of data for tonnes of carbon/hectare for stems in polygons within the clear-cut area. The two blue dots indicate two fixed radius (1/20 ha) sample plots which were randomly selected as a proxy for the logged area and to ground truth provincial data. The plots were measured for tree species, diameter at breast height and coarse woody debris. Data in Figure 5 below.5

Beddis Rd Carbon Polygon/Ownership Legend Integrated Cadastral Fabric - Private Ownership Vegetated Land Cover - Outlined tilecache tilecache

0 0.20 0.41 km

1: 10,000

Copyright/Disclaimer The material contained in this web site is owned by the Government of British Columbia and protected by copyright law. It may not be reproduced or redistributed without the prior written permission of the Province of British Columbia. To request permission to reproduce all or part of the material on this web site please complete the Copyright Permission Request Form which can be accessed through the Copyright Information Page. CAUTION: Maps obtained using this site are not designed to assist in navigation. These maps may be generalized and may not reflect current conditions. Uncharted hazards may exist. DO NOT USE THESE MAPS FOR NAVIGATIONAL PURPOSES.

Datum: NAD83 Projection: WGS_1984_Web_Mercator_Auxiliary _Sphere

Key Map of British Columbia

Figure 4: Tonnes of carbon/hectare for stems in polygon #82960651 within the clear-cut area and the two ground truth plot locations (blue dots). Source: Vegetation Resource Inventory

5 ParÈ D., Bernier, Y., Lafleur, B., Titus, B.D., Thiffault, E., Maynard, D.G., Guo, X. 2013. Estimating stand-scale biomass, nutrient contents and associated uncertainties for tree species of Canadian forests. Can. J. For. Res. 43: 599-608

5 Results from Vegetation Resource Inventory (VRI)2015.

Polygon #82960651 [western redcedar/bigleaf maple second growth forest lower elevation] 163.1 tonnes/hectare for stems 30 tonnes/hectare for tree bark 7.6 tonnes/hectare for foliage 34.9 tonnes/hectare for branches TOTAL 235.6 tonnes/hectare [soil/root/detrital carbon pools not included] 99 years old projected age 25 metres projected height (our heights were higher) 65% crown closure

Polygon #84470344 [Douglas-fir/western redcedar bigleaf maple second growth forest lower elevation] 259.3 tonnes/hectare for stems 66.3 tonnes/hectare for tree bark 37.2 tonnes/hectare for foliage 46.5 tonnes/hectare for branches 409.3 TOTAL tonnes/hectare [soil/root/detrital carbon pools not included] 80 years old projected age 32.2 projected height 65% Crown closure

Averaging two polygons, we created an average for this forest cutblock.

211.2 tonnes/hectare for stems 38.5 tonnes/hectare for tree bark 22.4 tonnes/hectare for foliage 40.7 tonnes/hectare for branches TOTAL 322.5 tonnes/hectare [soil and detrital carbon pools not included] 90 years old projected age 28.5 metres projected height (our heights were higher) 65% crown closure

6 Ground-truthing of two proxy plots for cut block

Two 12.6 m radius plots were sampled adjacent to the cut over area near Beddis Rd all live trees greater than 12.5 cm dbh were recorded by species and size (dbh in cm) the basal area per hectare was calculated for each plot. Tree-level biomass estimated from diameter https://apps-scf-cfs.rncan.gc.ca/calc/en/biomass-calculator Vegetated land cover estimates determined from polygons identified in iMap BC and associated data attributes for biomass. 6 Our plots (Figure 5) generated higher values than the VRI data on all four carbon pools so the VRI data is conservative.

Avg Basal dbh Trees area Bark Branches Foliage Wood per cm ha m2/ha Tonnes/ha Tonnes/ha Tonnes/ha Tonnes/ha Proxy 1 34.5 600 68.5 39.7 55.9 34.0 199.3 Proxy 2 43.4 400 85.9 50.7 70.3 42.1 255.6 average 45.2 63.1 38.0 227.4 Vegetated Land Cover 47 66 37 259 30 34 7.7 163 VRI average 38.5 50 22.35 211

Figure 5: Estimate of basal area per ha for two forest plots adjacent to clear-cut compared to VRI.

Below ground carbon pools

Using a forest proxy of an eastern Vancouver Island site (of a mature forest 66-99 years) where additional carbon pools were measured, we can assume a forest of 300 tonnes/hectare of ‘above ground’ carbon had combined soil/root/detrital carbon pools of 75 tonnes/hectare.7 That same study found that a clear-cut site was a net source of carbon emitting 6 tonnes/hectare/year as the

6 ParÈ D., Bernier, Y., Lafleur, B., Titus, B.D., Thiffault, E., Maynard, D.G., Guo, X. 2013. Estimating stand-scale biomass, nutrient contents and associated uncertainties for tree species of Canadian forests. Can. J. For. Res. 43: 599-608 7 B.A. Blackwell and J.A. Trofymow, 1998 Changes in ecosystem nutrient concentration and content in coastal forest chronosequences, Northwest Science Vol. 72 Special Issue, 43-45 https://www.researchgate.net/profile/Bruce_Blackwell/publication/266741550_Changes_in_Ecosystem_Nutrient_Concen trations_and_Content_in_Coastal_Forest_Chronosequences/links/543b5ebf0cf2d6698be2fb9e/Changes-in-Ecosystem- Nutrient-Concentrations-and-Content-in-Coastal-Forest-Chronosequence 7 carbon leached out from the exposed soils.8 9 There was also the lost opportunity now of that forest sequestering carbon on an annual basis, i.e., no longer part of the global sink. As a mature forest it had had an annual sequestration rate of 4 tonnes/hectare/year. With a conversion to non- forested land uses this capacity was lost

In the east Vancouver study, it was found that it took a clear-cut seventeen years to shift from being a source of carbon emissions of 6 tonnes/hectare/year to a sink for carbon emissions. 10 That rate of sequestration would continue to rise until it regained its capacity as a mature forest 90 years later, but there would have been a net loss of storage of soil carbon of up to 75 tonnes/hectare. In Harmon and Franklin’s study of the conversion of a Coastal Douglas-fir /western hemlock forest to a plantation,11 they found that it took over 250 years for a new forest to capture the same amount of carbon as stored in the various pools of an old growth forest.

How are the carbon emissions immediate?

Trees are cut, transported, milled and processed all of which release carbon from the wood. Foliage, branches and bark are slash burned or left to decompose where they have a high risk of increasing severity of unintended fires. A report by Ministry of Forests, Land and Resource Operations (FLNRO)12 states that 47% of the logs (stem pool) are turned into lumber of which 25% store carbon in longer lasting single family homes but fully half of the stored carbon has returned to the atmosphere in 28 years. Gower (2003), who conducted a full life cycle analysis (LCA), goes further to track the carbon lost at each step of the processing chain, and states “scientists have yet to demonstrate that there is a net C storage in forest products if a complete LCA (Life Cycle analysis), from cradle to grave, is completed.”13 There is no data on full cost analysis of building materials, carbon footprints and substitutability with materials of a higher carbon footprint for

8 Humphreys ER, Black TA, Morgenstern K, Cai T, Drewitt GB, Nesic Z, Trofymow JA. 2006. Carbon dioxide fluxes in coastal Douglas-fir stands at different stages of development after clear-cut harvesting. Agricultural and Forest Meteorology 140, 6-22. 9 Jassal RS, Black TA, Chen B, Real R, Nesic Z, Spittlehouse D, Trofymow, AJ. 2008b. N2O emissions and carbon sequestration in a nitrogen-fertilized Douglas-fir stand. Journal of Geophysical Research-Biogeosciences, doi:10.1029/2008JG000764. Using Figure 1 of Jassal’s Effect of Stand Age on NEP for a Douglas-fir chrono-sequence we extrapolated that 136 tonnes of carbon/hectare was not pulled out the atmosphere over the following 60 years as a result of a clear-cut. 10 Ibid. “Net ecosystem productivity (NEP = GPP - R) (i.e., C sequestration) measurements in a chronosequence of coastal Douglas-fir stands since 1998 (Humphreys et al., 2006; Jassal et al., 2008b) using the eddy-covariance (EC) technique have shown that while a clear-cut-harvested stand was a net source of ~6 Mg C ha-1 y-1, a near-end-of- rotation stand (50-60 years-old) sequestered ~4 Mg C ha-1 y-1with the shift from a C source to C sink occurring at the age of ~17 years (Figure 1). P. 5 11 Harmon ME, Ferrell WK, Franklin JF. 1990. Effects on carbon storage of conversion of old-growth forests to young forests. Science 247: 699-702. They also found carbon storage in a 450-year old growth forest was more than twice that of second growth forest. 12 Dymond, C., McCullock, L. and Salazar J., 2016. A Carbon Calculator for Harvested Wood Products User’s Manual, FLNRO, https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/nrs-climate- change/mitigation/users_manual_july_19_2016.pdf 13 Gower, S. 2003. Patterns and mechanisms of the forest carbon cycle. Annual Review of Environmental Resources 28:169–204 http://arjournals.annualreviews.org 8 island homes. The greatest carbon benefits are leaving the forest to mature,141516 and small scale forestry methods that retain forest canopy and soil moisture, e.g., single tree natural selection combined with locally-milled woods, a few examples of which are practiced on the island.

Will tree planting help mitigate the loss?

Islanders have started on the task of restoring a Douglas-fir/western redcedar forest and wetland at Xwaaqw’um (Figure 6). This site has the soil conditions to grow a forest comparable to the Beddis Road bottomland of Douglas-fir and Western redcedar. The restoration project required a budget of approximately $15/square metre to plan, hire machinery, prepare the site, buy the trees and understory shrubs and fence the land. Volunteer labour was used to plant and monitor trees. It will take 15 years before any net carbon is sequestered and 60 years until the new forest is sequestering carbon at the same rate of 4 tonnes/hectare as the Beddis Road forest was already doing before it was cut down. It will take 90 years before the equivalent amount of carbon is stored in the standing forest. It will take another 15 years after that before the equivalent amount of carbon is stored in the soil and forest floor. The restoration project is also only one thirtieth the size of Beddis Road so 30 of these restoration projects would be required costing $1.5 million dollars, and 105-years just to make up for the loss of the 4,000 tonnes of carbon emitted. No real carbon benefits will flow for 15 years with the Xwaaqw’um project and, during that time, we will have lost the vast majority of these tonnes of carbon into the atmosphere right now when we can least afford it.

14 Köhl, M., Neupane PR, Lotfiomran, N. 2017 The impact of tree age on biomass growth and carbon accumulation capacity: A retrospective analysis using tree ring data of three tropical tree species grown in natural forests of Suriname. PLoS ONE 12(8): e0181187. https://doi.org/10.1371/journal.pone.0181187 15 Pojar, J. 2019 Forestry and Carbon in BC, 2019 https://sierraclub.bc.ca/wp-content/uploads/Pojar-7mythsfinal- 2019.pdf 16 Black, T.A. and Jassal, R.S. 2008 Carbon Sequestration in British Columbia’s Forests and Management Options, Faculty of Land and Food Systems, University of British Columbia Arthur L. Fredeen Natural Resources and Environmental Studies, University of Northern British Columbia, Pacific Institute for Climate Solutions https://pics.uvic.ca/sites/default/files/uploads/publications/WP_Forestry_November2008.pdf

9 Figure 6: Xwaaqw’um restoration project of lowland western redcedar forest/wetland, March 2020 in process. Note fencing, imported coarse woody debris. Volunteers planting trees and shrubs. Courtesy, John Millson.

Acknowledgements: Field and data assistance from Jeff Shatford, RPBio; review by Jim Pojar; drone photography Alex Harris; general assistance from Peter McAllister; information on restoration costs Robin Anschild; photograph of restoration project John Millson; photographs of trees Bernadette Mertens-McAllister.

10 (12)(t)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 10:33 AM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Tree bylaw amendment Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Importance: High

02 November 2020

Dear Mayor and Council of West Vancouver and District Staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020, and its subsequent adoption.

Yours faithfully,

s. 22(1)

West Vancouver s. 22(1)

s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave.

______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour).

At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions:

City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(u)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 12:02 PM To: MayorandCouncil; Marcus Wong; Peter Lambur; Craig Cameron; Jim Bailey; David Hawkins; Michelle McGuire Subject: Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, s. 22(1) Vancouver, s. 22(1) ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i.Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(v)

Mahssa Beattie

From: Carolanne Reynolds Sent: Monday, November 2, 2020 5:31 PM To: MayorandCouncil Subject: Fwd: ❤ 🇨🇦 2020 WVM - AUTM=32: Interim Tree Bylaw Adoption?

for Public Correspondence s. 22(1) West Vancouver ------Forwarded message ------From: Carolanne Reynolds Date: Mon, Nov 2, 2020 at 5:27 PM Subject: ❤ 🇨🇦 2020 WVM - AUTM=32: Interim Tree Bylaw Adoption? To: Carolanne Reynolds

Dear All, Just so you know... Didn't get all I wanted in the last West Van Matters, 31 Pt 2, however since I'd not warned there'd be a Pt 3, and since I didn't want to complicate the numbering (or put cont'd or PS), this is the next number -- had wanted all the tree bylaw issue be under one number. In any case there were things about the proposed tree bylaw in earlier numbers. The public are not permitted to speak at the ccl mtg before adoption, but can later, eg at PQP/C. 🌲FYI 🌳🌴 We applaud Ccl improving protection of our trees but there's one major measure that ought to be made asap, and we'll have a chance tonight. Contact Ccl (alas, before 6pm, yes some read their email, and Corresp is forwarded) -- here they are and in a new photo cuz they're physically distanced! https://westvancouver.ca/government/mayor-council

🌲 🌳🌴

OUR TREES (facts and input) and yes, WV has some palm trees! but someone stole the one we had in our front year, alas :-( Facts: Keep in mind that the LiDAR report did NOT count trees, so claiming the tree canopy as grown does not mean there are more trees. (Several speakers pointed that out at the Oct 19 mtg.) Other municipalities have DBHs lower than 75. Everyone I've spoken with, plus I myself, have noticed the loss of trees in our cmnty, one admired for its park-like setting. Loss of trees increase erosion and flooding -- we sometimes get a little stream through our property, and many residents in other places in WV hv complained about increased creeks so flooding -- let's promote responsibility to our nbrs, below and beside us..... Request/Suggest: o having a hydrology study -- trees keep our hillsides clothed, so soil not lost (their roots keep them close) thus preventing erosion and flooding; protection shd go further than just riparian. o lowering staff costs by letting groups, volunteers (perhaps by nbrhd area), keep an eye out re trees, hoping to prevent loss not just reporting loss. o rescinding Third Reading and change DBH from 75 to 35 (if not 20) o getting a report on trees not on a 'tree canopy' that does not count trees (since LiDAR didn't. Email tales: o Also, the City of Vancouver has established a 20 cm dbh for protected trees. Several other municipalities use 20 cm as well ... The irony in all of this is that some important, significant trees are not protected where others of less value and fewer in number are. A neighbour, biologist, points out that he has two very tall white pines in his front yard that are at least 60 years old and 24 m plus tall. Their dbh is around 60 cm. so they would not be protected under the bylaw. In the backyard, there is a hemlock maybe 7 m tall, which has been topped and is about 75 cm dbh. So, the two iconic, not topped pines are not protected but the topped and pruned hemlock which is of less significance is protected. He concludes by telling me that various species have different height to diameter ratios with some significant urban tree species seldom reaching 75 cm dbh. So, what nonsense is this bylaw? Allison is correct. Just who are they listening to? Letter to Mayor & Ccl: On DWV website, Oct 2: https://westvancouver.ca/sites/default/files/dwv/council-correspndence/2020/October/20oct02v2.pdf Item 6, dated Sept 27: https://westvancouver.ca/sites/default/files/dwv/council-correspndence/2020/October/20oct02v2.pdf

is from Dr Allison Kermode, an SFU prof (of biological sciences); Excerpts (edited, but recommend you read the whole letter!): I am vastly disappointed in the recommendations ... to: (1) Maintain the current status quo tree interim bylaw (75-cm dbh) and (2) Obtain more funds for a 2021 LiDAR study. ... not supported on any level – scientific or otherwise and it would be absolutely unacceptable to have yet another delay on what clearly needs to be done in a climate emergency - namely the implementation of meaningful bylaws to protect trees (20-cm dbh, and full protection for some species) and a scientifically conceived Urban Reforestation Strategy. I can send you a very well-thought-out strategy should you require assistance on this. ...based on their narrow and limited LiDAR study which does not provide any valuable science. I question the canopy height, some of the ways in which the data were generated, and in particular – the data’s reliability for truly assessing the 2013 –2020 loss of ecologically-critical canopy. Trees were indeed lost – and I witnessed this loss. These losses most certainly included trees that offer our community a vast range of ecological “services” and mitigate climate change. Trees were lost that would have normally served as barriers to noise, as mitigators of flooding, and as essential regulators of air and water quality. Trees were also lost that provided essential habitat for our valued wildlife...... The time has come for you to demonstrate intelligence and leadership on this issue. The science behind preserving trees is vast and irrefutable. The 20 cm dbh bylaw is a compromise. Communities bear the consequences of irresponsible “management” of urban forests. Drinking water, flood and fire mitigation, carbon storage, and climate adaptation are all life-giving services that trees – especially conifers – but also angiosperms give. 🌲🌳🌴 the view is through the trees and/or framed by the trees!

my maiku

but Adam and Eve just ate the apple -- we're chopping the whole tree down (12)(w)

Mahssa Beattie

From: Carolanne Reynolds Sent: Monday, November 2, 2020 5:32 PM To: MayorandCouncil Subject: Fwd: ❤ 🇨🇦 2020 WVM - AUTM=31 Pt 2: Nov 2 Tree Bylaw; SAC; Queen Marine; BCSPCA Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020.docx

for Public Correspondence s. 22(1) West Vancouver ------Forwarded message ------From: Carolanne Reynolds Date: Mon, Nov 2, 2020 at 4:33 AM Subject: ❤ 🇨🇦 2020 WVM - AUTM=31 Pt 2: Nov 2 Tree Bylaw; SAC; Queen Marine; BCSPCA To: Carolanne Reynolds

Oh dear! The Halloween Ghosts stole my weekend. Hope you all had a great one! Will send some info for the ccl mtg (mainly Tree Bylaw), and then some other news/info: Srs' Activity Ctr newsletter; Queen Marine's Trip (heritage home); BCSPCA .

🌲 COUNCIL MTG Mon Nov 2 🌲 🌳 AGENDA WVM 31 Pt 1 had the Nov 2nd agenda for the closed mtg at 3pm (Legal Matters) as well as the revised ccl mtg agenda AGENDA: https://westvancouver.ca/sites/default/files/dwv/council-agendas/2020/nov/02/20nov02-Agenda-Revised.pdf and info wrt the Interim Tree Bylaw for adoption (public input until 6pm b/c not allowed to speak about it during the mtg). Many hv written urging that the 75cm DBH be lowered -- to 20 or 35cm. Hv been sent some excellent researched recommendations. Have asked for a website/webpage or link fyi as well as permission to include. Not yet received so may hv to follow up -- hoping to be able to get valuable info to you before 3pm.

🌳 INTERIM TREE BYLAW at Oct 19 Ccl mtg (three readings passed) If you want to hear the presentation and discussion, go to the ccl mtg videos page: https://westvancouver.ca/government/mayor-council/council-videos To the right you'll see the items and the times for Item 7: = 18:35 to 19:57 Proposed Amendmts to Interim Tree Bylaw, Blvd Bylaw, Supporting Enforcement Bylaws The minutes for that item are on the Nov 2nd ccl mtg agenda for approval: https://westvancouver.ca/sites/default/files/dwv/council-agendas/2020/nov/02/3b.pdf

🌲FYI 🌳 -- rec'd this and forwarding fyi URBAN TREE ALLIANCE From: Lucinda Jones Date: Sat, Oct 31, 2020 at 3:42 PM Subject: Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Good afternoon! We are asking others to endorse the document, attached here, by writing a one-line statement in support, such as that offered below (and do feel free to simply use this one offered), signing with your address (which is necessary for it to be included into the District's correspondence), and at some point over the weekend or at the latest first thing Monday morning, forwarding that, including the attached document to: Mayor and Council, to those members individually, ... If you have the time you may enjoy reading the full document - alternately a full grasp of the issue can easily be understood in reading just the Abstract and from Section 5.5 on. SEND TO: , Dear Mayor and Council, I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing an amended third reading November 2nd, 2020 (and its subsequent adoption). Sincerely, full name and full address with postal code required here DOCUMENT ATTACHED

Welcome to the Scene Magazine!

Click here to view the November/December edition of the Scene Magazine.

The Garden Side Café is offering meals for take-out! Click here to see the take-out menu. Come on board!

Starting on November 1, 2020, we are accepting nominations for West Vancouver Seniors’ Activity Centre Advisory Board members for a three-year term.

To submit a nomination, download the Seniors’ Activity Centre Advisory Board Nomination Application Form at westvancouver.ca/seniors and email the completed form to [email protected] or deposit it in the box located at the Seniors’ Activity Centre front desk. All nominations must be received by 4 p.m. on Friday, November 20, 2020. Applicants will be contacted by December 1, 2020.

From: westvanrec Date: Sun, Nov 1, 2020 at 9:04 AM Subject: Seniors' Activity Centre E-News November 2020 More Info: https://click.mailsender05.com/web_files/2924/Scene-Magazine_Nov-Dec-2020_WEB.pdf https://westvancouver.ca/parks-recreation/community-centres/seniors-activity-centre

🏰🏯 QUEEN MARINE Good morning family and friends of Queen Marine, Nickel Brothers has worked tirelessly to prepare this stately ol’ lady for the most magnificent journey of her life! First, thank you to everyone who has become involved in saving this home, starting with the developer who has given her to be repurposed, ... A third generation Finnish Canadian family has bought both the queen and another 1925 (embattled but now saved) sister-to-the-queen heritage home out of Larch St, Vancouver. This Malcolm Island family is the perfect match for both these homes which were now saved in the nick of time! On Malcolm there is no wait for a building permit, and a direct barge sealed this successful relocation. ... However sad for West Vancouver to lose this beauty, she will soon be a greatly valued asset to her new family on Malcolm Island! Projected Journey at West Vancouver: 1. Monday Nov 2, 1159pm: rolling off site at 2367 Marine dr. 2. Tuesday Nov 3, Marine dr to 14st to entrance of Ambleside Park 3. Tuesday Nov 3, 5am she will be staged in waiting….. 4. Tues Nov 3, 2-5pm meet her sister house, and join her on the barge to Malcolm Island Thank you to the amazing crews at Nickel Brothers who make the near-impossible possible! Feel free to share with those you know care about environmental and historic stewardship! Enjoy the journey! Bon Voyage! Ronel Dreyer Home Recycling and Sales

All the news: http://support.spca.bc.ca/site/MessageViewer?em_id=29494.0&dlv_id=63666¤t=true&em_id=25922.0

Shop our new arrivals! Stay warm this winter with our new toques and scarves. Perfect for yourself on those chilly days or a great gift idea for the animal lover in your life!

SHOP NOW ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2:

https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree

https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(x)

Mahssa Beattie

From: Richard Warrington Sent: Monday, November 2, 2020 7:15 PM To: MayorandCouncil; Marcus Wong; Peter Lambur; Nora Gambioli; Heather Keith; Michelle McGuire; Mary-Ann Booth; Sharon Thompson; Bill Soprovich; Craig Cameron; Jim Bailey; David Hawkins Cc: Lucinda Jones Subject: Re: Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: 2020.11.02 Request to Rescind Tree Bylaw.docx

Hello Mayor and Council of West Vancouver and District staff,

I wish to endorse the attached document of the Urban Tree Alliance of West Vancouver, and express my support for the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020.

I believe this will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to its passing on November 2nd, 2020 and its subsequent adoption.

Yours sincerely,

Richard Warrington s. 22(1) West Vancouver, BC s. 22(1)

On Sat, Oct 31, 2020 at 5:40 PM Lucinda Jones s. 22(1) wrote:

Good afternoon!

I am writing to you as a member of a group, which we have named the Urban Tree Alliance, in my home district of West Vancouver. We are engaged in the protection of the urban forest within which we live. We are asking others to endorse the attached document by writing a one-line statement in support, such as that offered below (and do feel free to simply use it), signing with your address (which is necessary for it to be included in the District's correspondence), and at some point over the weekend or at the latest first thing Monday morning, forwarding that, including the attached document to: Mayor and Council, to those members individually, and the 5 staff members - all are included below ready to be cut & pasted into your address bar. If you have the time you may enjoy reading the full document - alternately a full grasp of the issue can easily be understood in reading just the Abstract and from Section 5.5 on.

Thank you in advance for your support at this critical moment in time!

Lucinda Jones s. 22(1)

SEND TO: , , , , , , , , , , ,

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance of West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to its passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, full name and full address with postal code required here

-- Richard Warrington Financial Agent West Vancouver, Sunshine Coast, Sea to Sky Country Electoral District Assoc. Green Party of Canada ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf “ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2: https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2. At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (12)(y)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 10:02 AM To: MayorandCouncil; Mary-Ann Booth; Sharon Thompson; Marcus Wong; Bill Soprovich; Peter Lambur; Craig Cameron; Nora Gambioli; Jim Bailey; Heather Keith; David Hawkins; Michelle McGuire Subject: Re: Request To Rescind 3rd Reading and correct Tree Bylaw Amendment 5089,2020 Attachments: Request to Rescind & Correct Tree Bylaw Amendment 5089,2020 (1).docx

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely,

s. 22(1) s. 22(1) s. 22(1) , Richmond, BC,

On Saturday, October 31, 2020, 04:36:53 p.m. PDT, Lucinda Jones s. 22(1) wrote:

Good afternoon!

I am writing to you as a member of a group, which we have named the Urban Tree Alliance, in my home district of West Vancouver. We are engaged in the protection of the urban forest within which we live. We are asking others to endorse the document, attached here, by writing a one-line statement in support, such as that offered below (and do feel free to simply use this one offered), signing with your address (which is necessary for it to be included into the District's correspondence), and at some point over the weekend or at the latest first thing Monday morning, forwarding that, including the attached document to: Mayor and Council, to those members individually, and the 5 staff members - all are included below ready to be cut & pasted into your address bar. If you have the time you may enjoy reading the full document - alternately a full grasp of the issue can easily be understood in reading just the Abstract and from Section 5.5 on.

Thank you in advance for your support at this critical moment in time!

Lucinda Jones s. 22(1)

SEND TO:

, , , , , , , , , , ,

Dear Mayor and Council of West Vancouver and District staff,

I endorse the attached document of the Urban Tree Alliance West Vancouver, and support the Request for a Rescind of 3rd Reading of Tree Bylaw Amendment 5089,2020. This will allow the necessary, additional, ecologically-based protection of trees, as requested therein, to be written into the Tree Bylaw Amendment, prior to passing on November 2nd, 2020 and its subsequent adoption.

Sincerely, full name and full address with postal code required here ______

REQUEST FOR RESCIND OF 3rd READING ON NOVEMBER 2, 2020

REGARDING

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS

IN THE CREATION OF: TREE BYLAW AMENDMENT 5089,2020

OCTOBER 28, 2020 ______

A B S T R A C T Particularly over the past two decades, municipal governments across the Lower Mainland have developed, along with their citizens and other governing bodies, progressive, ecologically astute, and mutually responsible policies which support the whole planet, while at the same time address particularities of their own jurisdiction.

Accordingly, local governments are ever-defining their systems of permitting, penalties, fines, and security measures to meet the demand for increased accountability and enforcement, to ensure both efficacy of protectionist measures and with which to afford staff.

What studies are conducted and how decisions are made to inform policy -written in civic jurisdictions as bylaws and up-dated bylaw amendments- are informed and enhanced through the collective known by academic disciplines as ‘Global Best Practices’.

Awareness of the biological functioning of trees and their extraordinary contribution to sustaining life on the planet, has given rise to a greater understanding and respect for trees whether in forest or neighbourhood.

Since the 1980’s the term Urban Forest has been applied to trees that live within enclaves of human habitation. At a civic level, West Vancouver now references its urban forest and its natural assets, its intention for greater care to be applied and education put in place to these critical low-tech solutions to environmental degradation.

In order for urban forests to provide lush habitat and the myriad ecological services they are known for, and to afford them their necessary state of on- going renewal, governing principles of conservation, protection, and diversity of species has been urged to be foremost in each jurisdiction’s bylaws, with particular support for native species which play a vital role in maintaining the integrity of a naturally functioning landscape.

Tree species native to the territory of Squamish First Nation, on which West Vancouver resides, are: the iconic provincial tree of British Columbia - Western redcedar; Grand fir; Douglas fir; that which the bio-geoclimatic zone is named after - Coastal Western hemlock; and Big Leaf maple.

As science has proven, whether of humans or trees, no one community on Earth exists in a silo but rather each contributes to the same one ecosphere.

______

The purpose of this discussion is to provide a pause, for reflection on the responsibility that West Vancouver is accountable to, in relationship to other Lower Mainland districts and cities and far beyond, where and when we have never been more heavily relied upon to support those who live within and those who live far away from this precious enclave. ______

I N T R O D U C T I O N

At each, of Sections: 2, 3, 4 and 5 of Tree Bylaw Amendment 5089,2020 discernable issues are presented which require immediate attention and adjustment, prior to adoption of Tree Bylaw Amendment 5089,2020. ______

M E T H O D S A N D D I S C U S S I O N

Specific excerpts are transcribed from:

AMENDMENTS TO: INTERIM TREE BYLAW NO, 4892,2016; BOULEVARD BYLAW NO. 4886,2014; and SUPPORTING ENFORCEMENT BYLAWS IN THE CREATION OF: AMENDMENT BYLAW 5089,2020

( PRESENTED IN THE SEPTEMBER 30, 2020 COUNCIL REPORT, READ A 1ST, 2ND & 3rd TIME AND PASSED OCTOBER 19, 2020 AT WEST VANCOUVER MUNICIPAL COUNCIL MEETING )

- wherein text is bolded as the subject point; and subsequent analysis is found directly below at each section (in colour). At: Section 2.0 Legislation/Bylaw/Policy

“ Under Section 8 of the Community Charter, a Council may, by bylaw, regulate, prohibit, and impose requirements relative to trees and the protection of the natural environment. ”

Jurisdictions, which have been researched as outlined below, have made admirable efforts with good result to provide concise bylaws with clear, user-friendly, educational websites and brochures.

Of 13 Lower Mainland Districts, the City of Vancouver and the City of Toronto: - 6 regulate cutting down of a tree to require a permit at 20cmDBH; - 2 require a permit at 30cmDBH with further list of ‘protected trees’; - Toronto requires a permit at 10cmDBH; - Port Moody, Port Coquitlam and the City of Vancouver do not allow the cutting or significant alteration of any tree without a permit - the regulation is not by way of DBH but case by case - specifically mentioned trees are 10cmDBH – specimen trees are 60cmDBH and greater; - District of North Vancouver -positioned on the steep foothills of the north shore mountains- include on their ‘protected tree’ list those which are growing on steep slopes, and qualifies ‘large diameter tree’ as requirement for permit, rather than quantifying DBH of any tree; - City of North Vancouver cares for their urban forest by way of an extensive Urban Forest Management Plan with no defined DBH. - District of West Vancouver -also positioned significantly on steep slopes- does not acknowledge trees integral to steep slopes, and requires a permit for the cutting down of trees at 75cmDBH, with a list of ‘protected trees’ that require permit at 20cmDBH.

In brief, no other jurisdiction permits the magnitude of tree to be cut down without permit as what the District of West Vancouver allows.

For referral: Tree Bylaws of these same jurisdictions: City of North Vancouver Urban Forest Management Plan Technical Report: https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.dnv.org/sites/default/files/bylaws/Bylaw%207671.pdf https://www.portmoody.ca/en/business-and-development/tree-removal- permits.aspx https://bylaws.vancouver.ca/Tree/sec04.pdf

https://www.toronto.ca/311/knowledgebase/kb/docs/articles/parks,- forestry-and-recreation/urban-forestry/permits-removing-or-injuring- trees-on-private-property-private-tree-bylaw.html https://www.whiterockcity.ca/DocumentCenter/View/282/Consolidated-- -Tree-Management-Bylaw-2008-Number-1831-PDF?bidId= https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development https://www.newwestcity.ca/database/files/library/Tree_Protection_and_ Regulation_Bylaw_No_7799_2016_Amended_2018.pdf https://delta.civicweb.net/document/135321 https://mapleridge.ca/DocumentCenter/View/581/Tree-Protection-and- Management?bidId= https://www.richmond.ca/sustainability/environment/treeremoval.htm https://bylaws.burnaby.ca/media/Consolidated/10482C.pdf https://www.coquitlam.ca/557/Tree-Management https://www.portcoquitlam.ca/wp-content/uploads/2017/01/4108-Tree- Bylaw-2019.pdf

“ The “Bylaw Notice Enforcement Bylaw No. 4368,2004” is a bylaw that implements the enforcement of bylaw notices in conjunction with North Shore Bylaw Adjudication Registry. “

“ The “Municipal Ticket Information System Implementation Bylaw No. 4383, 2004” is a bylaw that implements the Municipal Ticket Information System pursuant to the Community Charter. “

These 2 Bylaws each have attached to them a schedule for fees and penalties, with same descriptor and same Section reference number (5.1, 5.2, 5.3, 5.3.4, 6.1, 8.7, 10.4.3) - however fee and penalty dollar amounts are significantly inconsistent. Is the simpler schedule of a $1000 across-the-board rate for all infractions to be the only schedule used?

At: “Part 8 Amends Replacement Trees Interim Tree Bylaw No, 4892,2016 Part 7 Replacement Trees is Amended by: 8.3 Replacing subsection 7.1.3 “ “(which text reads: provide a security to the District in the amount of $5000 per replacement tree, which security shall forfeit to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, and shall otherwise be returned to the owner not later than two years after the planting of the replacement tree.) “ “ with the following: Provide a security to the District in the amount of $1000 per replacement tree to a maximum of $10,000, which shall be forfeited to the District if the replacement tree in respect of which the security is provided is not planted or fails to survive transplantation, or shall otherwise be returned to the owner not later than one year after the planting of the replacement tree. “

The question which must be addressed is why has this amount been lowered so – from $5000 to $1000 and with a new maximum of $10,000, which did not previously exist? Have West Vancouver District Mayor & Council been specifically apprised of this amendment? Common discourse amongst District citizens regarding the prevalence of clear-cut lots and large trees cut down without those permits posted on display, has resulted in on-going requests from residents for District staff to take greater control. This status of failing tree protection requiring improvement notably appears unsupported by this bylaw amendment.

It is expected that West Vancouver District will strictly enforce the posting of bonds and Irrevocable Letters of Credit as forms of security in order to substantiate affective protection of trees on lots where activity could bring them harm.

The appropriate Tree Bylaw Amendment Bylaw must clearly define in its text the associated contraventions that will trigger and cause the drawing down on these forms of security by the District. This function of security is able to provide a hundred times the $1000 limit provided for in Bylaws No. 4368,2004 and Bylaw No. 4383,2004.

Bylaws of other jurisdictions where disciplined and clearly enforceable courses of action are outlined in detail, are found at each of those individual links, listed at Section 2 above. Here are 2:

https://www.oakbay.ca/sites/default/files/Tree-Protection-Bylaw- 4742_0.pdf

Schedule A to Oak Bay Tree Protection Bylaw, 2020 – passed March9, 2020

SECURITY Activity 1. Planting, Care and Maintenance of Replacement Trees for a Period of Three (3) Years (sections 10.1, 10.2) DEPOSIT $500 2. Planting, Care and Maintenance of Replacement Trees for a Period of One (1) Year (section 10.1) DEPOSIT $500 3. Protection During Construction (section 11.2 - Maximum of $50,000 per Lot): (a) Protected Trees Under 30 cm dbh (per tree) DEPOSIT $1000 per tree (b) Protected Trees 30 cm to 60 cm dbh (per tree) DEPOSIT $2500 per tree (c) Protected Trees Greater Than 60 cm dbh (per tree) DEPOSIT $5000 per tree (d) Significant Trees (per tree) DEPOSIT $10,000 per tree

https://www.surrey.ca/renovating-building-development/trees-yard- garden/building-site-tree-requirements/fees-and-securities-for-land- development

Bonding Trees to be included in the security/fee calculations: 1. The City collects a bond for the protection of all on-site/off- site/shared trees ($3,000/tree to a maximum of $10,000 per lot for single family subdivisions, or $100,000/project for multi- family, industrial, commercial, and institutional projects). Tree bonding securities are not collected for boulevard trees, or trees within dedicated park or riparian areas unless directed otherwise by Parks. 2. The City collects a bond of $10,000 for all Significant Trees (as defined by the Tree Protection Bylaw), regardless of their location. We may also collect a security of $5,000 for Specimen Quality Trees (as defined by the Tree Protection Bylaw) regardless of their location. 3. How to Pay Your Fees and Securities 4. Fees and monies that are not to be returned (ie. permit fees, cash-in- lieu, amendment fees, etc) can be paid by cash, cheque or debit. Refundable securities may be paid by cash, cheque, debit or letter of credit. Letters of credit must follow the City of Surrey’s Letter of Credit guidelines in terms of format and content.

If retained trees die, or have declined to the point that they will never fully recover, the $3,000 per tree bond is forfeited and deposited into the Green City Fund. If possible, a replacement tree has to be planted back into the same location as the dead/dying tree was growing.

At: Section 3.0 Council Strategic Objective(s)/Official Community Plan “ The OCP (Official Community Plan Bylaw No. 4985,2018) recognizes:

1. the value of the natural environment and provides high-level policies regarding strengthening existing environmental regulation and facilitating environmental restoration and enhancement actions, protection and enhancement of the community’s natural assets and responding to climate change impacts;

The services provided by individual members of the urban forest and by the urban forest as a whole are acknowledged and endorsed by jurisdictions throughout the world, including what is presented in the numerous tree bylaws of the Lower Mainland (found above) and by the District of West Vancouver in its varied publications and undertakings to its citizens. However, a much lesser value than this is being attributed to trees through the District tree cutting permit commencing at 75cmDBH.

A DBH of 75cm is in sharp contrast to a pro-active and positive response to climate change, particularly in relation to the ‘heavy lifters’ of this bio-geoclimatic region – the native species of Western redcedar, Grand and Douglas firs, Western hemlock and Big Leaf maple – who as species have worked cooperatively together for hundreds upon hundreds, if not thousands of years.

The best action is to protect far more fulsomely.

2. the importance of tree retention for the community, specifically Policy 2.6.5 which is to “Balance tree retention, replacement or compensation for their ecological value with consideration to access to sunlight and significant public views;

A DBH of 75cm is not compatible with this statement.

The removal of trees, particularly native species, of 20cm - 75cmDBH, endorsed by a permit requirement, set by the Tree Bylaw, at 75cmDBH.

The intention of the words “compensation for their ecological value” is unclear. If it is a fiscal exchange, the evidence provided at the schedule(s) of fines and penalties does not translate to the natural asset valuation. A property with 3 mature trees standing, with a view THROUGH the trees, provides multiples of $3000 in services, both to an ecological base and to spirit.

3. the impact that trees have on the form and character of the built environment with Development Permit Area guidelines promoting preservation of existing healthy trees, retention of mature trees and vegetation and planting of trees. “ 75cmDBH does not adequately protect the generations of trees to follow. As a consequence, what is put at risk are the familiar and already maturing landmarks and landscapes of neighbourhoods, the definition of space, the cooling of air and natural hydrology, the character of West Vancouver as a mightily forested region of readily accessible nature.

Global best practice has adopted the valuation of trees as the priority, with views offered through them and structures built upwards and around them.

At the rate at which trees are planted in the District, combined with the decades they will take to mature to match a healthy stand of redcedars or a mixed community of Douglas fir, hemlock and maple, ranging in dimension from 20 – 55cmDBH, adopting the installation of a 75cmDBH as the leading principle in a Tree Bylaw is shocking, folly at best, and does not meet stewardship standards for the urban forest. https://www.for.gov.bc.ca/hfd/library/documents/treebook/treebook.pdf https://vancouver.ca/files/cov/First-Peoples-A-Guide-for-Newcomers.pdf https://www.bcunbound.com/flora-british-columbia https://www.centralcoastbiodiversity.org/western-hemlock-bull-tsuga- heterophylla.html https://www.treesaregood.org/portals/0/docs/treecare/TreeValues.pdf https://www.newwestcity.ca/services/trees/urban-forest-management- strategy#policy-and-regulation Sec3

In addition, objective 3.3 of Council’s 2020-2021 Strategic Plan is to “Develop an Urban Forest Management Plan and decide whether to amend the Interim Tree Bylaw”. “

Absolutely develop an Urban Forest Management Plan. An energy efficient correction for all, which bears no further expense or foreseeable revisiting, is to remedy now the DBH stated in Tree Bylaw Amendment 5089,2020, as outlined at Section 5.5, 6. and 7. below.

At: Section 4 Financial Implications

“ It is noted that current staff resources are limited to effectively administer the existing Interim Tree Bylaw*. The District has one dedicated arborist that reviews and processes private and boulevard tree permits and who works with Bylaw Officers to respond to enquiries and complaints. * Interim Tree Bylaw No. 4892,2016

Simpler guidelines and regulations are found at the tree bylaw formatting of other jurisdictions, including City of Vancouver. Closer examination of these may offer less costly administrative solutions. Additional permitting transactions offer additional revenues to afford additional staff, whilst retaining urban forest, which is the goal. Inadequate protection of the urban forest cannot be reasoned by way of a current fiscal concept at the root of what needs amendment.

The proposed amendments to the Interim Tree Bylaw are expected to provide better clarity on permitting requirements; thereby possibly reducing the number of inquiries to the District Arborist and allow the bylaw to be administered effectively using existing staff resources. “ https://www.newwestcity.ca/services/trees/tree-removal-permits#tree- removal-permits/fees-and-securities

At: Section 5 Background

5.1 2. THAT staff:

a) use Lidar data to establish a tree canopy baseline and prepare an Urban Forest Management Plan;

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan. b) (as amended) report back to Council regarding the efficacy of the Interim Tree Bylaw in maintaining tree canopy and propose policy recommendations for a new bylaw as required to maintain canopy cover.

LiDAR alone does not have the capacity, nor is it intended to provide broad enough information on which to base tree-cutting policy in this district. Such application puts at risk the ongoing renewal of the urban forest where it may be required throughout. Tree canopy cover measured through the LiDAR modality is compromised in its specificity.

This website directly below will clarify the need for other measurement modalities to compliment LiDAR: https://www.fs.fed.us/nrs/pubs/jrnl/2016/nrs_2016_alonzo_001.pdf https://www.cnv.org/parks-recreation-and-culture/parks-and- greenways/plans-policies-and-bylaws/street-trees https://www.nsnews.com/opinion/letter-west-vancouver-s-tree-canopy-study-is- deceiving-1.24224283

5.2 “ An application fee for a private property tree permit was added to Fees and Charges Bylaw No. 5025,2019, and was implemented on January 1, 2020. The fee is $300, which is now consistent with the fee for a municipal property tree permit and an environmental development permit for tree work. “

Fees charged at a higher rate could reflect much more accurately and respectfully the natural asset value of the trees and actually cover in a fiscally responsible manner the costs of administration and environment departments related staff.

Rates charged within other jurisdictions are higher and are listed at those respective websites found above at Section 2.

At: Section 5.5 Adding the following definitions to section 4.3:

“Protected tree” means any of the following: a) Any tree greater than 75cm DBH, or in the case of a tree with multiple stems, a combined stem DBH of 75cm or more; “

There are 3 recommended alternatives in order to correct: 1) to the categorization of “ Protected Trees:” add ‘native trees’ and list them as so: i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple

and reduce the DBH at top line “a)” which reads “Any tree greater than 75cmDBH…” to a reduced DBH of either: 35cmDBH, or 20cmDBH;

or,

2) At the top line where 75cmDBH reads currently, to amend to “Any tree greater than 20cmDBH ….. “;

or,

3) native trees are designated separately rather than within the protected tree categorization, and so the categories would read

a) Any tree greater than 35cmDBH ….. b) Any native tree, greater than 20cm DBH …. and listed as i. Western redcedar; ii Coastal Western hemlock; iii. Douglas fir iv. Grand fir v. Big Leaf maple c) Any replacement tree; etc. At: Interim Tree Bylaw

6. “ Addition of heritage trees, replacement trees, and retained trees to the Protected Tree List; “

There are approximately 6 single trees listed at the West Vancouver District website as heritage trees; the protected tree list includes 6 species including Garry oak of which it has been estimated there may be 6 specimens in the district. There is abundance of the other 5 species which together contribute loveliness, balance, biodiversity and ecological services.

The critical interwoven structure of this landscape is predominantly held together by way of the native tree species, which provide preferred natural habitat for many terrestrial and winged species.

“ Furthermore Council’s decision at the September 28,2020 meeting directed staff to seek funding for future collection of LiDAR data and development of an Urban Forest Management Plan, which could inform future policy and bylaw decisions. “

In and of itself LiDAR is but one information base, which can certainly play a part in an Urban Forest Management Plan.

At: Section 6.0 Analysis

6.1 Discussion

“ The tree canopy study showed an increase in tree canopy cover on private property from 2013 to 2018; therefore, staff are not recommending any changes to the protected tree size under the Interim Tree Bylaw as the data do not support the need to increase regulations on tree removals. That being said, if the tree canopy cover in 2018 is used as a baseline to maintain moving forward, then staff are also not proposing any additional means to allow greater flexibility for tree removals, which may result in a decrease in canopy cover over time. The proposed amendments are to strengthen the existing tree bylaw to ensure continued tree protection in the District. “ The existing neighbourhoods of West Vancouver, built upon the sloped foothills of the north shore mountains, lie below a significant area of further on-going development above the highway, wherein every standing tree has an increasingly vital role to play.

The equation of trees lost to various developments, with the impact of that on natural hydrology, together with the die-off of Western redcedar, must not be overlooked or under-estimated, for whatever reason, as once trees are cut down the wait time for others to mature in order to protect and restore is, generally speaking, several decades.

Significantly, large areas of clear-cut, for developments above existing neighbourhoods have been excluded from the LiDAR study. The first step in management of a bio-diverse urban forest in this region is to recognize the imperative buffering from such affects that native trees offer, fully mature as well as maturing. This is no small matter.

Additionally, drastic cedar die-off has occurred since the May of 2018 LiDAR study fly-by data collection, and so that loss has not been recorded either.

A LiDAR study was conducted in 2013 with results used as the comparative for the 2018 study. Is there reason to dismiss the 2013 and supplant that with 2018 as the new starting point? Why is this?

At: Section 7.0 Options

7.2 Considered Options

a) Defer readings of the proposed bylaw amendments pending receipt of additional information (to be specified);

This alternative option was proposed by staff, which was not chosen by Mayor and Council on October 19, 2020 - to consider longer the weight and significance of citizen input, before 3 readings and passing of Bylaw Amendments 5089,2020, 5098,2020 and 5099,2020 – and so our request is for Mayor and Council to rescind the 3rd reading of these above in order to make the necessary change of either: - to lower the DBH in the District to 20cmDBH for all trees; or - to protect in particular the five native species of tree to 20cmDBH with title categorization of ‘native trees’ and reduce the generalized category of trees currently mentioned at 75cmDBH to either 35cmDBH or 20cmDBH.

______

S U M M A R Y A N D C O N C L U S I O N

Found at Section 7.2 Considered Options

October 29, 2020

author Lucinda Jones Urban Tree Alliance West Vancouver

s. 22(1) West Vancouver, BC s. 22(1)

Forwarded by email on October 29, 2020 to: Mayor & Council, West Vancouver Heather Keith, Environmental Lead Jim Bailey, Director Planning David Hawkins, Manager, Community Planning and Sustainability Matthew MacKinnon, Environmental Manager Michelle McGuire, Manager of Current Planning and Urban Design R E F E R E N C E S & E X P A N D E D B I B L I O G R A P H Y

Urban Forests – A Natural History Of Trees and People in the American Cityscape, by Jill Jonnes - Viking-Penguin Random House

Red Alder-Conifer Stands in Alaska: An Example of Mixed Species Management to Enhance Structural and Biological Complexity https://www.mdpi.com/1999-4907/8/4/131/htm

HTTPS://SIERRACLUB.BC.CA/WEBINAR-RESILIENCY-IN-TIMES-OF-CHANGE- FORESTS/

HTTPS://WWW.NATIONALOBSERVER.COM/2020/05/01/OPINION/EARTH- DAY-50-OVER-SO-HOW-DO-WE-GET-EARTH-DAY-100

HTTPS://SIERRACLUB.BC.CA/CLEARCUTCARBON/ https://sierraclub.bc.ca/vancouver-islands-ancient-rainforests-destroyed- three-times-faster-than-brazils-amazon-rainforest/ http://worldriversday.com/resources/ http://worldriversday.com/sponsors/ https://www.nytimes.com/2020/05/18/opinion/coronavirus- unemployment-youth.html https://www.nanaimo.ca/docs/property-development/development- applications/steep-slope-development-permit-area-guidelines.pdf

Protecting West Vancouver’s trees: https://westvancouver.ca/sites/default/files/dwv/assets/home-building- property/docs/Planning/Tree-Bylaw/200429InterimTreeBylaw.pdf

MOVIES (on Netflix): A Life on Our Planet by David Attenborough Biggest Little Farm Director John Chester Kiss the Ground with Woody Harrelson, Directors / Writers Joshua Tickell Rebecca Harrell Tickell, Writer Johnny O’Hara (13)

Mahssa Beattie

s. 22(1) From: Sent: Sunday, November 1, 2020 5:25 PM To: MayorandCouncil Subject: Re: A Life Not Chosen

Good morning Mayor and Council

I understand that copies of this book have been delivered. Could you please confirm that you have received your copy?

Thanks ever so much.

s. 22(1)

Winnipeg, Manitoba. s. 22(1)

On Oct 7, 2020, at 6:17 AM, s. 22(1) wrote:

On Oct 6, 2020, at 8:39 PM, s. 22(1) wrote:

Dear Mayor Booth, and Councillors Cameron, Gambioli, Lambur, Soprovitch, Thompson, and Wong:

s. 22(1) s. My name is . Dr. Ethlyn Trapp, Order of Canada, 22(1)

s. 22(1) I have arranged for each of you to each receive a copy of the book A Life Not Chosen, The Story of Ethlyn Trapp and her father, by Stewart Jackson, originally published in 2009. The Synopsis from the publisher:

"This book is the story of an extraordinary woman and her remarkable family.

Dr Ethlyn Trapp was that woman, a Canadian medical pioneer in cancer care. She was the first radiotherapist in British Columbia and instrumental in the opening of the British Columbia Cancer Institute. This is the story of her life and not a medical treatise. A world traveller, she gained the respect and friendship of intellectuals, colleagues and children. A friend of Emily Carr, she named her home on the Capilano River in West Vancouver, Klee Wyck, in honour of her famous friend. The subsequent gift of the property to the municipality is just one example of her generosity. Never married, a youthful wartime love only revealed in correspondence half a century later with the words, "my life has been fortunate in so many ways - though not as I would have chosen."

Within seven years of leaving his native England, Thomas Trapp, Ethlyn's father, had crossed an ocean and a continent, sailed from California to Alaska, trekked to the interior of British Columbia and crossed the Rockies in winter. He worked as a ditch digger, prospected for gold, ranched and finally settled into a prosperous business career in New Westminster. In ten years from the age of 45 he fathered four sons and four daughters, one of whom died in infancy. Three boys, all pilots, were killed in the Great War. The story is that of a classic British Columbian pioneer family and a British Columbian woman too little remembered."

We hope you enjoy reading this book. The incredible contribution Dr. Trapp made to West Vancouver, to British Columbia, and to Canada is worth recognizing and preserving.

s. 22(1)

Winnipeg, Manitoba s. 22(1) s. 22(1)

s. 22(1) (14)(a)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 11:45 AM To: MayorandCouncil Subject: It's time to ban fireworks in West Vancouver

Dear Mayor and Council

Halloween was horrendous (not in a good way) again this year. The fireworks last year and this year were significantly worse than they have ever been. The design of the fireworks themselves - some resemble cluster bombs - has added to this now distressing event.

This year again, the fireworks started three days before Halloween. s. 22(1) West Vancouver Secondary. The fireworks went off in the morning while kids were en route to school. They went off during the day while kids had a break between classes. They went off in the evenings. On Halloween, they started at 4.30PM and continued to 2AM. How is this not an infringement of our noise bylaw?

Vancouver firefighters' latest data shows that the average annual fire costs due to fireworks is $379,000. Many Metro Vancouver cities have already instituted bylaws banning the sale of consumer fireworks, including North Vancouver, Coquitlam, Port Coquitlam and Pitt Meadows. Laudably, some cities have gone further and banned them altogether, including Vancouver, Maple Ridge, Richmond, Delta, Surrey, Langley and Abbotsford. Seattle, Victoria and many other cities in the world have also banned them.

Despite pleas over the years from residents, West Vancouver has not yet taken action to ban fireworks. With us being soft on fireworks, what's to stop people coming from cities where fireworks are banned to set them off here?

You know the negative impacts of fireworks. But here they are as a reminder:

1. For seniors with dementia and sundowning, fireworks can cause distress and lead to anxiety and confusion. We have MANY such seniors living in West Vancouver.

2. For wildlife which live here in abundance, fireworks correlates with anxiety, disorientation, stress and fear.

3. For some immigrants who live here, fireworks stir anxiety from bad memories from their respective home countries.

4. For children with neuro divergence and autism, the noise of fireworks causes distress for them and their families. We have such kids in our very neighbourhood.

5. For pets, their hearing can be irreversibly damaged. They can suffer PTSD - our dog is an example of fireworks-induced trauma.

6. For humans of all ages, fireworks can lead to hearing loss and tinnitus.

7. For all living creatures, fireworks are poisonous. They release harmful particles when they explode and it's toxic to inhale. It can aggravate existing diseases and cause others, and it can cause burns and damage to the eyes of wildlife and birds. 8. For birds in particular, fireworks can be fatal - there is evidence they can die of fright. A high degree of stress in birds (caused by things like fireworks) can cause them to temporarily or permanently abandon their nests, disorient them and affect their breeding ability.

Fireworks in West Van HAS TO STOP. Please, please do not allow another year of them. Ban them now.

Thanks for listening.

s. 22(1)

West Vancouver BC

s. 22(1) (14)(b)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 2:48 PM To: MayorandCouncil s. 22(1) Cc: Subject: Fireworks: great for humans, not that good for animals Attachments: West Vancouver Fireworks 2.pdf

Dear Mayor and Council,

As a result of fireworks, a few days leading up to and on Halloween (Nov 31) our dog was clearly distressed. He was quivering and panting uncontrollably for hours on end. This is a widespread phenomenon and occurs to many animals throughout our District. See attached for a letter from the DWV SPCA in 2019 that underscores this point.

There seems to be substantial evidence of the adverse impact of fireworks on both wildlife and pets. Please refer to this well researched article – see the references at the end: https://www.animal‐ethics.org/how‐fireworks‐harm‐nonhuman‐ animals/

I know that fireworks is an opportunity for kids to have fun, but I truly feel that it should not be at the expense of other species suffering. Kids have myriad of ways to entertain themselves and have a good time in a way that it does not cause harm.

As you undoubtably already know, the City of Vancouver is following other municipalities in the Lower Mainland who have already banned the practice.

Please will you consider a ban of fireworks in our District?

Thank you, s. 22(1) , West Vancouver, s. 22(1) November 5th, 2019 Mayor Booth and Council Municipal Hall 750 17th Street West Vancouver, BC V7V 3T3

Dear Mayor Booth and members of Council,

Please accept this letter of support regarding an end to the use of fireworks in West Vancouver. The noise caused by fireworks is frightening and stressful for many animals. Exposure to loud noises, particularly fireworks, thunderstorms and gunshots is a welfare concern in dogs that have not been positively socialized to the sounds during their critical socialization period (approximately 7-12 weeks of age). Approximately 49% of dogs are fearful of such loud noises1.

Exploding fireworks create serious issues for animals in our communities: • Fireworks can spook animals and cause them to panic, run away, or dart into traffic. • Dogs who are normally friendly can sometimes act out of character, placing members of the public, including children, at risk. • In recent years, evenings of fireworks have been demonstrated to have a negative impact on bird behaviour2. Birds and other wild animals can be scared out of dens and roosting sites, leading them to fly into buildings or run into busy streets to be injured or killed. Those that are not harmed are still disturbed, leading to reductions in natural feeding and breeding behaviours, as well as the abandonment of their young in nests or dens. • In addition to the above consequences, harmful smoke and garbage waste from fireworks are secondary threats to the health of local wildlife. The ban or restricted access of fireworks greatly improves the lives of these animals.

Thank you for recognizing the needs of the animals with whom we share our environment when considering an end to fireworks in West Vancouver. You can reach me at 604-647-5503 or [email protected].

Sincerely, s. 22(1)

Amy Morris BC SPCA Manager, Policy and Companion Animals

1 Blackwell, EJ, Bradshaw, JWS, & Casey, RA (2013). Fear responses to noises in domestic dogs: Prevalence, risk factors and co-occurrence with other fear related behaviour. Applied Animal Behaviour Science 145, 15-25. 2 Shamoun-Baranas, J et al. (2011). Birds flee en mass from New Year’s Eve fireworks. Behavioural Ecology 22(6), 1173-1177. (14)(c)

Mahssa Beattie

s. 22(1) From: Sent: Wednesday, November 4, 2020 1:40 PM To: MayorandCouncil Subject: Fireworks Attachments: IMG_5537.PNG; IMG_5538.PNG; IMG_5541.PNG; IMG_5544.PNG; IMG_5546.PNG; IMG_ 5547.PNG; IMG_5548.PNG; IMG_5549.PNG

Nov 4, 2020

Dear Mayor and Council

I am writing because the issue around fireworks has once again demonstrated that in the interest of public safety and nuisance abatement the District must follow Vancouver and surrounding cities and municipalities by banning the sale and use of fireworks within the District of West Vancouver.

I realize the District endeavoured to make things safer by requiring adults to purchase a fireworks permit and only on Oct 31st, between 5pm and 10pm, could fireworks be discharged by the permit holder on private property. Unfortunately, these restrictions are NOT being followed. In my Ambleside neighbourhood the noise of nearby fireworks and firecracker explosions was like being under artillery fire from about 7pm to after 2am in the morning. This is stressful for older residents, those with pets, people with very young children and immigrants from war torn countries who have come to Canada to escape the sounds of war. Also, our native birds and animals are highly stressed by the chaotic explosions.

Mayor and Council declared a "Climate Emergency" and in doing so recognized we have a responsibility as people to mitigate our influence on human caused climate change. Fireworks cause extreme air pollution in a short amount of time, leaving metal particles (for the colorants), dangerous toxins, harmful chemicals and smoke in the air for hours and days. Some of the toxins never fully decompose or disintegrate, but rather hang around in the air, poisoning what they come into contact with. Exposure to fine particles is linked to negative health implications, like coughing, wheezing, shortness of breath, asthma attacks, and even heart attacks, according to the EPA. People at greatest risk are those with heart and lung disease, older adults and children. In addition to the high levels of metal particles, like Strontium, Copper and Barium, some fireworks even contain Lead, and in high amounts. I have included attached screen captures of the air quality in Metro Vancouver and the South Island Halloween evening to show how much of an effect and how poor the air quality was made by the massive and simultaneous discharge of fireworks on Halloween. Of interest is a screen capture of air quality monitoring stations in California on Halloween. Our air quality was as bad as a state that as of Oct 30th had 22 active wildfires. And the air quality out towards Langley was worse than any area in California that evening.

People can choose not to use fireworks, but everyone has to breathe the same air. I believe that Mayor and Council must consider this and act accordingly for the health and safety of all of us.

Mayor and Council has a duty to act in the best interest to protect public and private property and its police officers. Children and teens moving about our streets, parks and school grounds detonating fireworks puts public and private property, the safety of the public, and our police officers at risk. Both fire and police resources are stretched, attending fireworks related calls when they may be required for life and death matters elsewhere. Throughout Metro Vancouver there are fireworks caused fires EVERY Halloween. As proof of how resources are tied up and police safety is at risk can be found in the Nov 2, 2020 online North Shore News:

"... police in West Vancouver also spent considerable time Halloween night responding to large groups of teens who gathered outside at local sports fields. Reports came in around 8 pm that 300 youth had gathered on the sports field at Gleneagles Elementary drinking and setting off fireworks. The group scattered when police arrived, but not before aiming some Roman candle style fireworks at officers, said Goodmurphy. A number of fireworks were seized including a replica pistol being carried by one of the teens. Goodmurphy added the fake gun was not part of a Halloween costume. Around 9:30 pm a neighbour near West Bay Elementary School reported a group of about 60 youth were lighting fireworks and aiming them at the school. Goodmurphy said the teens ran away when police showed up.

Mayor and Council must strive to protect all citizens and first responders in West Vancouver. Banning the sale and use of fireworks within the District of West Vancouver will put forward to citizens that what has occurred in the past is not where we want to go in our future.

Yours truly,

s. 22(1)

West Vancouver, BC s. 22(1)

(15)(a)

Mahssa Beattie

From: West Vancouver Chamber of Commerce Sent: Monday, November 2, 2020 3:07 PM To: MayorandCouncil Subject: Leader to Leader: Mayor Mary-Ann Booth with Paul Dangerfield

Unsubscribe It appears that you have subscribed to commercial messages from this sender. To stop receiving such messages from this sender, please unsubscribe

West Vancouver Chamber of Commerce View this email in your browser

Have you REGISTERED?

Leader to Leader - WV Exchange: Thursday November 5th, 3:00-4:30 pm Leader to Leader - WV Exchange is a series of discussions hosted by WV Mayor Mary-Ann Booth with guest business leaders addressing a range of topics important to the growth and vitality of West Vancouver businesses.

Join Mayor Mary-Ann Booth and Paul Dangerfield, President, Capilano University for a discussion about the intersection between community, education, and business. Diverse, engaging programs and a welcoming community combine to create inspired learning experiences at Capilano University. Come hear about the various initiatives which support regional growth and the development of leaders for tomorrow.

Register Now

Canada United Small Business To date, they have received applications from over 1,000 small businesses to reimburse them for COVID-19 related expenses, such as purchases of PPE, physical space renovations and developing website and e-commerce capabilities. Another $12 million contributed by the Federal Government, they're extending their relief fund and accepting more applications from small businesses across Canada.

If you are a small Canadian business, learn more about the Canada United Small Business Relief Fund on the website.

Don’t wait! Apply for a relief grant today.

Facebook

Instagram

Website

Join now! LinkedIn

Develop valuable connections that lead to business growth and personal success. Access Chamber benefits only available to members. Membership pays for itself…

SPONSORSHIP OPPORTUNITIES Promote your business and help support the Chamber. Sponsor an event! The West Vancouver Chamber of Commerce offers a variety of sponsorship opportunities that provide your business with the chance to be front and center in our community. Sponsors are an important part of our events! For further info: SPONSORSHIP

Copyright © 2020 West Vancouver Chamber of Commerce, All rights reserved. You are receiving this email because you opted in at our website.

Our mailing address is: West Vancouver Chamber of Commerce 2235 Marine Drive West Vancouver, Bc V7V 1K5 Canada

Add us to your address book

Want to change how you receive these emails? You can update your preferences or unsubscribe from this list (15)(b)

Mahssa Beattie

From: West Vancouver Chamber of Commerce Sent: Thursday, November 5, 2020 1:16 PM To: MayorandCouncil Subject: REMINDER - Today at 3pm! Leader to Leader Series:

Unsubscribe It appears that you have subscribed to commercial messages from this sender. To stop receiving such messages from this sender, please unsubscribe

West Vancouver Chamber of Commerce View this email in your browser

REMINDER! Today November 5th, 3:00-4:30 pm Leader to Leader - WV Exchange is a series of discussions hosted by WV Mayor Mary-Ann Booth with guest business leaders addressing a range of topics important to the growth and vitality of West Vancouver businesses.

Join Mayor Mary-Ann Booth and Paul Dangerfield, President, Capilano University for a discussion about the intersection between community, education, and business. Diverse, engaging programs and a welcoming community combine to create inspired learning experiences at Capilano University. Come hear about the various initiatives which support regional growth and the development of leaders for tomorrow.

Register Now

Facebook

Instagram

Website

Join now! LinkedIn

Develop valuable connections that lead to business growth and personal success. Access Chamber benefits only available to members. Membership pays for itself… SPONSORSHIP OPPORTUNITIES Promote your business and help support the Chamber. Sponsor an event! The West Vancouver Chamber of Commerce offers a variety of sponsorship opportunities that provide your business with the chance to be front and center in our community. Sponsors are an important part of our events! For further info: SPONSORSHIP

Copyright © 2020 West Vancouver Chamber of Commerce, All rights reserved. You are receiving this email because you opted in at our website.

Our mailing address is: West Vancouver Chamber of Commerce 2235 Marine Drive West Vancouver, Bc V7V 1K5 Canada

Add us to your address book

Want to change how you receive these emails? You can update your preferences or unsubscribe from this list (16)

Mahssa Beattie

From: Carolanne Reynolds Sent: Monday, November 2, 2020 5:34 PM To: MayorandCouncil Subject: Fwd: ❤ 🇨🇦 2020 WVM - AUTM=31 Pt 1 of 2: Revised Ccl Agenda; Tree Bylaw Input; Ghosts for Public Correspondence s. 22(1) West Vancouver ------Forwarded message ------From: Carolanne Reynolds Date: Sat, Oct 31, 2020 at 4:53 AM Subject: ❤ 🇨🇦 2020 WVM - AUTM=31 Pt 1 of 2: Revised Ccl Agenda; Tree Bylaw Input; Ghosts To: Carolanne Reynolds

Okay, managed to get No. 30 out before 5pm, start of the AGM (in my defence, a notice of that mtg had been in an earlier WVM). Did hv some mtgs, events, and a deadline for the Thurs and after. Some formatting, symbols, etc problematical when home geek cdn't help. Here we go again. Some newsletters are for the whole month so rather than try to keep track of them and only let you know what's on for the week, am going to put the whole one in, so my suggestion is to read it with a calendar or diary to hand and note when the ones you're interested in occur. Otherwise can be missed without reminders. OOPS! MUCH LATER.... Set aside plans/items for this newsletter and instead must put some late-breaking news and events. Herewith: o Revised agenda; just been posted o Confirmed input/feedback permitted before Ccl mtg starts re adoption of tree bylaw o What's on? Oct 30 lit up? Legion Meat Draw, Queen of Marine, ...

COUNCIL MTGS ~ 3pm ~ CLOSED MTG (in Raven Room) b/c (g) litigation or potential litigation affecting the municipality. Purpose of meeting: legal matters. Agenda: https://westvancouver.ca/sites/default/files/dwv/council-agendas/2020/nov/02SP/20nov02-Notice-of-Meeting.pdf

~ 6pm ~ REGULAR CCL MTG (in Chamber) Revised on October 30, 2020 to add:

 Ccl mtg minutes and the public hearing summary report to Item 3;  A recommendation to Item 5; and  Items 6.1 and 6.2. MAIN ITEMS: 4. WV Fdn Update 5. Fees/Charges Amendmt Bylaw; three readings and adoption 6.1 Extension of Removal of Fees for temp outdoor patios; three readings and adoption 6.2. Enclosed Patio Pilot Prog – Temporary Lane Closure in Dundarave

FOR ADOPTION*

7. Proposed: Interim Tree Bylaw, 2016; Amendmt Bylaw 2020; Blvd Bylaw, 2016; Amendmt Bylaw, 2020; Municipal Ticket Info System Implementation Bylaw, 2004; Amendmt Bylaw, 2020; and Bylaw Notice Enforcement Bylaw, 2004, Amendmt Bylaw, 2020

REC'D FOR INFORMATION 9.1 Prelim Devt Proposal for 2833 Chippendale 9.2 Balanced Housing Lab Interim Progress Report 9.4 PUBLIC CORRESPONDENCE = to Oct 9: https://westvancouver.ca/sites/default/files/dwv/council-correspndence/2020/October/20oct09v2.pdf (7) 33 Submissions wrt Navvy Jack House = to Oct 16: https://westvancouver.ca/sites/default/files/dwv/council-correspndence/2020/October/20oct16.pdf (12) 29 Submissions wrt Inglewood Campus of Care {NB: to Oct 23 and to Oct 30 are on the Corresp website but not on the ccl mtg agenda. Hv read the month's correspondence/letters and will comment: some interesting, some informative, and some, as expected, complaining -- wonder if will be discussed at the ccl mtg.) AGENDA: https://westvancouver.ca/sites/default/files/dwv/council-agendas/2020/nov/02/20nov02-Agenda-Revised.pdf

* INTERIM TREE BYLAW Although three readings passed, residents can contact Ccl to give further info or their feedback. Many spoke at the Oct 19 ccl mtg and we learned that the LiDAR report did NOT count trees but stated the tree canopy had increased. Turns out hedges were so some felt it was misleading. More on that tomorrow. Staff clarified and confirmed:

For bylaws that do not require a public hearing:

 Members of the public can send correspondence to Council at any point during the bylaw consideration process;

 Members of the public can speak to Council at any point during the bylaw consideration process;

 Members of the public can provide their input at the Council meeting at which a bylaw is scheduled for first, second, and/or third reading, but not at the Council meeting at which a bylaw is scheduled for adoption. ❇WHAT'S ON? = Oh dear, want some sleep so will do a Pt 2 tomorrow -- Sat. = Meat draw at 4pm Sat at the Legion; poppies now on sale (details in Pt 2) = Timing of Queen of Marine's trip -- a heritage house saved but being shipped out.

GHOSTS (17)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 5:33 AM To: MayorandCouncil s. 22(1) Cc: Subject: Nora’s comments are end of meeting re: responses

Dear Mayor,

At the end of last night’s council meeting, Councillor Gambioli suggested that responses aren’t given to Mayor and Council emails by Councillors as the organization (District) is the one to respond.

What hogwash, I’ve received numerous responses from Councillor Cameron to such emails. In fact I know of many that receive direct messages on social media and requests to speak on the phone from Councillor Cameron in response to such emails. One must go and look at some of the comments made in the Chip Wilson letters about JUST THIS!

Did Nora make this policy up in last night’s meeting or is Craig not following policy?

Could staff please explain further the comments made by Nora and explain in more detail if there really is such a policy? Or recommendation even?

Please follow up so the community can better understand Nora’s remarks as you Mayor did not confirm or elaborate on these remarks last night.

s. 22(1)

Maple Ridge BC

Sent from my iPhone (18)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 5:47 AM To: MayorandCouncil s. 22(1) Cc: Subject: Use of district email for Councillors

Dear Mayor and staff,

Does West Van District have a policy for use of the district email when conducting council business or engaging with community orgs?

Say, can a Councillor use their personal or their wife’s email for such things or is it expected or even required they use their district email?

If not, this should be considered in the Council code of conduct policy discussion. I applaud Mayor for taking a public stand on the Cameron Tweet issue but if the total response is to just continue to work on something you have allegedly been working on for 2 years, well... that’s some pretty weak leadership.

Councillor Cameron does not deserve the visibility of Mayors Council and his performance during b‐line should have made you consider rotating the representative for West Van at the very least.

Other than a power sharing agreement between Mayor and Councillor Cameron what is the long term plan for this role?

Councillor Cameron takes his marching orders from Metro Van Twitter and seems to represent ideas and concepts that are not supported in the community of West Van. Maybe it’s time to review this approach.

When did Councillor Cameron know about the Irwin Park B‐line terminus? He won’t answer. An FOI request will be made, unfortunately West Van is one of the few municipalities that charges ridiculous fees to answer such a question. A question so many people really just want the truth about.

s. 22(1)

Maple Ridge BC

Sent from my iPhone (19)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 10:13 AM To: MayorandCouncil; [email protected]; [email protected]; Leah Arthur; Robert Bartlett Subject: The Global Spread of the "Virus of Fear" -

To both mayors and councils: Stop the nonsense. ICBC claims centres now turned into 'Fear centres...must find out' nonsense, and the masks everywhere, for brains that fail to materialize how the world is run, far beyond the 'little' peoples days, locally, other nations.

Please do your duty to our population with your 'news'. It is long past time some true information hits open minds for truths.

https://www.globalresearch.ca/global-spread-virus-fear/5728457

and:

https://www.globalresearch.ca/same-story-different-decade-how-who-definition-global-pandemic-benefits-big- pharma/728463

Thank you.

Why is it so difficult to give people proper choices of truths?

s. 22(1)

West Van (20)

Mahssa Beattie

s. 22(1) From: Sent: Tuesday, November 3, 2020 4:13 PM To: MayorandCouncil Subject: Re behaviour of Councillor Craig Cameron - use of offensive language on Twitter

Dear Madam Mayor and Councillors,

Further to my earlier email to you outlined below I was encouraged by our Mayors’ very clear comments at the Council Meeting of Monday November 2 that Mr Cameron’s juvenile and offensive comments on Twitter were unacceptable and were not in keeping with the behaviour expected from a Councillor of West Vancouver. I am also glad that Mr Cameron recognized this and made an apology. The sincerity of his apology will be demonstrated clearly by his future behaviour.

I do believe however that there should be some consequences for Mr Cameron given his past pattern of behaviour and this current issue. I will leave that with all of you to consider what might be appropriate.

I was also encouraged by the decision to proceed and develop a Code of Conduct for Councillors. I wanted to let you know that UBCM actually has a model code that can be used to assist with such a Code of Conduct for West Vancouver.

The Code includes a number of statements that would have been relevant to Mr Cameron’s current and past behaviour.

1- Members will treat every person with dignity, understanding and respect. 2- Members will show consideration for every person’s values, beliefs and contributions to discussions. 3- Members will demonstrate awareness of their own conduct and consider how their words or actions may be perceived as offensive or demeaning.

Respectfully submitted,

s. 22(1)

West Vancouver, s. 22(1)

s. 22(1)

Begin forwarded message- the email below is part of this correspondence.

From: s. 22(1) Date: October 29, 2020 at 22:13:14 PDT To: Mary-Ann Booth , Peter Lambur , Bill Soprovich , Sharon Thompson , Marcus Wong , Nora Gambioli Subject: Re behaviour of Councillor Craig Cameron - use of offensive language on Twitter Dear Madam Mayor and Councillors,

I find it very disappointing to have to write to you all on this topic. Given the health and economic crisis we are in there are without doubt many more important things for you all to pay attention to. This makes it increasingly important for our political leaders to act in an open, honest and respectful manner - even when responding to those that they do not agree with.

I think you already all know that Mr Cameron has over the past year or so attacked and demeaned others on Council for having differing views and perspectives on issues.

The issue of Mr Cameron’s offensive twitter comments were raised in Council correspondence over a week ago. I have written to you Madam Mayor and directly to Councillor Craig Cameron on his behaviour on Twitter which is unacceptable for an elected official in West Vancouver. You Madam Mayor responded quickly acknowledging his behaviour was inappropriate. Mr Cameron’s response to date was an email to me appreciating my feedback and then blocking me from viewing his Twitter account!!!

To be clear in my view his comments referred to below are unbecoming of an elected official and reflect poorly on Mr Cameron and his judgement. In the private sector these types of comments made publicly would result in a serious reprimand, counselling for the individual and if a pattern of behaviour firing. In politics recently we have seen those running for office being removed by their party or the electorate for similar types of inappropriate comments and behaviour.

You Madam Mayor correctly remind all attendees at Council Meetings and Public Hearings of the need to be respectful of others even and more particularly when they have opposing views. The District of West Vancouver has a Respectful Behaviour By Law- West Vancouver residents and employees must “ treat others with respect , courtesy, fairness and equality”. I am sure there is also a staff code of conduct as well that says essentially the same.

Mr Cameron on Twitter and elsewhere has suggested that he regrets that others were offended by his comments and he tries to advocate for civility- really?? that his comments were meant to be humorous, that his comments were on a personal account, that those commenting on his behaviour are running a personal vendetta against him etc - however in all of this he has never acknowledged clearly that his comments were unacceptable and clearly apologized for them.

Of course as you all know there is no such thing as a personal or private twitter account. Twitter is a very public medium and Mr Cameron is a Councillor of West Vancouver as long as elected to that office. Until a few days ago he stated in his Twitter biography he was a Councillor of West Vancouver. He ACTIVELY DISCUSSED politics and ISSUES CONCERNING WEST VANCOUVER AND TRANSLINK on his Twitter account ( he has I believe since removed from his bio being a Councillor). The removal of same in a very public medium does not mean he can continue using Twitter inappropriately. Anything a Councillor says in any public medium they are saying as an elected representative of West Vancouver.

I have the following questions for you: A) Should the Respectful Behaviour Bylaw apply to Councillors as well as employees and residents? Similarly the Staff Code of Conduct. B) Do you believe his comments are inappropriate and breached the Respectful Behaviour Bylaw ( and Staff Code of Conduct) in fact or if not in principal? C) What actions would be taken if an employee of the District were to contravene the Respectful Behaviour Bylaw ( and Staff Code of Conduct)? D) Are you disappointed by the behaviour of Mr Cameron ? E) Do you think he owes a clear and public apology to you , the employees and the residents of West Vancouver? F) Do you believe given Mr Cameron’s comments he should remain as the West Vancouver representative on the Translink Mayor’s Council?

I acknowledge Mr Cameron has made a considerable contribution to our community for which I thank him ( despite the fact I often disagree with him). I humbly suggest though it is your responsibility to determine what actions if any should be taken with respect to his inappropriate tweets. At least he should be strongly encouraged to not use Twitter which I have found to be a very inappropriate vehicle for any respectful and meaningful discussion of issues.

If you decide to take no action what example does that set for other Councillors, District employees and residents of West Vancouver? Is this type of behaviour a precedent you want to accept?

Respectfully submitted,

s. 22(1)

West Vancouver, s. 22(1)

TWEETS REFERRED TO ABOVE The first tweet “Chip ( referring to Chip Wilson) would be better off playing with his erection rather than meddling in the election”

The second tweet replying to another tweet “ “Given that you refer to me as “ a device for washing out a vagina” I’ll be sure to give your feedback the attention it deserves”“ (21)

Mahssa Beattie

s. 22(1) From: Sent: Wednesday, November 4, 2020 5:25 PM To: MayorandCouncil Subject: Green city initiative!

Dear Mayor and City Council, Please watch the below video on how Medellin created a green corridor in their city which decreased crime, created jobs and decreased the temperature by 2 degrees. I suggest we do the same in Vancouver.

https://www.youtube.com/watch?v=Kv0m2MSIo2s&ab_channel=Ashden

Thank you, s. 22(1)

West Vancouver, BC s. 22(1) (22)

Mahssa Beattie

From: HUB Cycling Sent: Thursday, November 5, 2020 12:44 PM To: MayorandCouncil Subject: November Bike Bulletin

Unsubscribe It appears that you have subscribed to commercial messages from this sender. To stop receiving such messages from this sender, please unsubscribe

View this email in your browser

BECOME A HUB MEMBER

HUB Supporter, you're not currently a HUB Cycling Member. Join now and save $10 on your annual membership and join a group of passionate people working to make cycling safer for you and your family.

Join Now

UPDATES Future of Urban Space and Streets: Bikes, Buses, Pedestrians

The pandemic is changing how we use our urban space and streets, from bus priority to pop-up bike lanes, to patios. What's next for bikes? Will these changes be a part of the future of transportation and how urban space is being re-imagined?

Watch Video

Donate to HUB Cycling and double your impact. For a limited time, donations $200-$5000 are being matched by a generous donor!

If you are able to, please consider donating to HUB Cycling so we can continue our work to get more people cycling more often (and so you can get a charitable tax receipt). Thank you endlessly for your support!

DONATE NOW Win: Bike to School Week.

This year’s Bike to School Week was unlike any other with the presence of the COVID-19 pandemic and school closures during the event’s typical dates, but that didn't stop our School Champions from encouraging active travel at their school! 71 Metro Vancouver Schools celebrated Bike to School Week from September 28 - October 2. Check out the event highlights below.

Read More

Bike Parkade Clear Out

Starting November 9, TransLink is removing forgotten and abandoned bikes from their Bike Parkades to maintain accessible and easy-to-use facilities for active cyclists. To alert bike owners, TransLink staff will attach a tag on bikes and other items two weeks before they’re removed. Removed bikes will be donated to the PEDAL Society’s Pedals for the People program.

Learn More

Bikes on SkyTrain

People can now take their bicycles on the SkyTrain at ALL TIMES and in ALL DIRECTIONS on Expo and Millennium lines! Hooray! This policy change is temporary and will run through until March 31, 2021. Bikes have always been allowed on the Canada Line at all times.

Learn More

Bike to Work Week Grand Prize Winner

Congratulations Alex Roden, Winner of the GoByBike Grand Prize: an Exodus Travels Cycling Trip for Two to Portugal! Alex says, "I started cycling because I was unemployed and didn’t want to pay for the bus. But I quickly fell in love with cycling."

Continue Reading

GET INVOLVED

limited Time Offer: $10 off HUB Memberships

Join now and save $10 on your annual membership. Here are three more reasons to join HUB:

1. Membership Sale until Nov 24th! Join or renew your membership and get $10 off a Regular or Family membership. For just $20/year become a card-carrying member and help make biking better. 2. The more members we have, the greater impact we have when we advocate for safer and better bike infrastructure for YOU and your family! 3. Members get great perks including discounts at over 40 bike shops, deals on biking insurance, discounts on car sharing and more.

Join Now

BC Elections

From White Rock to Powell River, people across the province wrote more than 1,450 letters to send a message to all parties and ask them to make clear commitments to active transportation. What should be the top priority for the next Minister of Transportation and Infrastructure?

Submit Feedback Bike Map and Trip Planning

The City of Vancouver wants to know how you plan your bike trips and navigate while out cycling!

Take Survey

HUB MEMBER PROFILE

Meet a HUB Member

This month we caught up with Lucy M., HUB Member and cycling advocate. You may recognize Lucy from her popular twitter feed, @LucyinCanada. Lucy posts observations on Vancouver bike lanes and has rallied quite a following by organizing group rides to push for the permanency of the Beach Ave bike lane and reinstating Stanley Park Road for cyclists.

Meet Lucy

UPCOMING COURSES Learn2Ride Online

Are you home-schooling your child this fall or looking for an online cycling course for your class? Learn2Ride Online is a perfect resource to teach children about basic cycling safety and improve skills and confidence to ride in your neighborhood. Register your child or class for free here.

Register Now

OUR SUPPORTERS

JOIN HUB AS A MEMBER

HUB Cycling members create a strong, unified voice to ensure decision-makers know there is demand for safer, more connected bike routes for people of all ages and abilities and better education for all road users. JOIN NOW Copyright © 2020 HUB Cycling, All rights reserved. You are receiving this email because you wished to stay up to date on Bike Events, Bike Advocacy, and Bike Education in Metro Vancouver.

Our mailing address is: HUB Cycling 312 Main (2nd Floor) Vancouver, BC V6A 2T2 Canada

Add us to your address book

This email was sent to [email protected]. Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. (23)

Mahssa Beattie

From: s. 22(1) Sent: Friday, November 6, 2020 6:18 AM To: MayorandCouncil Subject: Cameron ‐Translink etc

Dear Mayor,

Unfortunately for West Vancouverites Councillor Cameron is off on Twitter making arrangements on behalf of West Vancouverites without any debate in the community. So when you close the parking off for winter food service (eye roll) on Dundarave you are playing into some special people’s (Read Councillors and Mayor) games.

Just listen to what was said during the debate last meeting. It was more about a war on cars and transport vehicles. I’ll break off the clips for the next election cycle.

Btw Lonsdale between 13th and 18th looks like an ugly gong show of a construction site with empty sidewalks. Go take a look yourselves.

Councillor Cameron needs to be removed as West Van rep for Mayors Council as it is no benefit to West Van - in fact Craig’s positions have been rejected for the most part by residents (he represents himself at Mayors Council).

s. 22(1)

Maple Ridge BC

Sent from my iPhone (24)

Mahssa Beattie

s. 22(1) From: Sent: Friday, November 6, 2020 8:16 AM To: MayorandCouncil Subject: Unbeleiveable

'Stop trying to be Woke Foods': Staff poppy ban at Whole Foods stirs outcry Canadian politicians are speaking out against a dress code policy at international supermarket chain Whole Foods that prohibits employees from wearing Remembrance Day poppies. https://www.ctvnews.ca/business/stop‐trying‐to‐be‐woke‐foods‐staff‐poppy‐ban‐at‐whole‐foods‐stirs‐outcry‐ 1.5177730

Dear Mayor &Council

Shame, shame shame

Big American company wants Canadian money but no gratitude and thanks to Canadians who sacrificed to make our country what it is.

I for one will never put a foot in any Whole Foods again!

Thank you to Whole Foods for taking their mask off!

s. 22(1)

West Vancouver s. 22(1)

Sent from my iPhone (25)

Mahssa Beattie

From: Patrick Weiler Sent: Thursday, November 5, 2020 10:11 AM To: MayorandCouncil Subject: November 2020 - MP Update

Dear Mayor and Council,

I hope this message finds you well as we navigate these challenging times. We should be proud of the resilience that our community has shown, and grateful for the sacrifices our community has made to avoid the worst impacts of the pandemic locally.

The Government of Canada has been focused on doing its part to keep us safe and healthy. This has included a share of 87% of the relief spending nationwide that governments have spent to support individuals, businesses and non-profits to navigate through the impacts of COVID-19. Our Deputy Prime Minister and Minister of Finance has reiterated our commitment to do whatever it takes to protect Canadians' health and jobs, overcome COVID-19, and build an economy that is strong, resilient, innovative, globally competitive, and inclusive in a recent speech to the Toronto Global Forum. I invite you to watch this speech to better understand why this is the most prudent strategy to take, and why it is the consensus view of the International Monetary Fund, our global peers, and the business sector.

I will send you this newsletter on a monthly basis to keep you updated on initiatives that the Government of Canada is undertaking that will be of relevance to you as well as certain initiatives of my office in the last and next months.

This newsletter includes:

 Update on Staff Changes  Upcoming Townhall with Minister Garneau  Last Month’s Townhall with Minister Wilkinson  Supporting our Community  2021 Constituency Youth Council  Legislation Passed in the House of Commons  Unsung Champions Application Reminder  MP Patrick Weiler's Constituent Survey  Remembrance Day

For real time updates, please follow me on social media @PatrickBWeiler and please reach out to me and my office at [email protected]

Yours Truly,

Patrick

MP Weiler Staff Changes

No Member of Parliament can give their very best without a great staff team. I would like to recognize that an incredibly valued member of our team is retiring after five years of service. Many of you know Lucie McKiernan, our Sunshine Coast Constituency Assistant, who has been an empathetic listener, boundless source of wisdom, and an exceptional representative and tireless advocate for the Coast. She is someone I have come to admire greatly, and I wish her all the very best in retirement. Thank you Lucie for your extraordinary contributions to our community and service to our country, and we wish you the very best in retirement. We are very fortunate to welcome Donna Bell to our team to succeed Lucie in this role. Donna comes to this role with an impressive background working in community-based organizations and is a fixture in the community on the Sunshine Coast.

Additionally, I want to congratulate our team member Natasha Lepur who is going on maternity leave for the following six months. I wish her the very best in this next exciting chapter in her life. Joining our team and working in Horseshoe Bay is Tess Whillans who will continue to assist the community with any and all casework questions, including issues or concerns with any federal department or agency such as Service Canada (includes but not limited to OAS, GIS, EI or CPP), Canada Revenue Agency, Immigration, Refugee and Citizenship Canada, Passport Canada, Phoenix Pay System, Veteran Affairs or Indigenous Affairs.

Upcoming Townhall with Minister Garneau

Please join me for a virtual town hall discussion with the Honourable Marc Garneau, the Government of Canada’s Minister of Transport, on Thursday, November 26 at 1:00-2:00pm PST.

We look forward to covering topics of high interest in our community, and across the country, such as how we are changing and regulating the way we travel and trade in our country and around the world by boat, train, and by airplane.

Please feel free to share this event with your friends and networks, and submit any questions you would like to have answered to [email protected].

Event Details

Topic: Town Hall with Minister Garneau and MP Patrick Weiler

Time: Thursday, November 26 at 1:00pm PT Facebook Live: https://www.facebook.com/PatrickBWeiler/

Townhall with Minister Wilkinson

Last month, I had the pleasure of hosting the Honourable Jonathan Wilkinson, Minister of the Environment and Climate Change, for a discussion on our Government's ambitious climate action strategy and our plans for a cleaner environment, and a more sustainable and circular economy. We discussed a myriad of topics, ranging from global climate cooperation to addressing local issues here in our community. Minister Wilkinson reaffirmed our commitments to meet and exceed Canada’s 2030 climate targets and to achieve net-zero emissions by 2050 and spoke on the next steps to achieve these important goals.

We also discussed our Government’s plastic reduction strategy and our commitment to ban certain single-use plastics by the end of 2021. We are continuing to develop this plan in coordination with the provinces and territories, scientists, community organizations, small businesses, and stakeholders across the country to ensure an effective and seamless transition as we prevent plastic from entering our terrestrial, freshwater and marine environments.

Minister Wilkinson and I also highlighted the important opportunities that climate action brings as we transition to the new green economy which will be a key component of our plan to Build Back Better from the pandemic and to create a million jobs across the country in the process. You can watch the full Townhall here on my Facebook page, as well as previous town halls with the Honourable Bernadette Jordan, Minister of Fisheries and Oceans and the Canadian Coast Guard, and the Honourable Seamus O’Regan, Minister of Natural Resources.

Supporting Our Community

We have seen our communities coming together in extraordinary ways to support each other throughout this pandemic. Charities and those that volunteer for them are at the heart of providing this support, and is especially important in helping the most vulnerable people in our communities. Thank you to all those who have and continue to step up and give a helping hand to those in need.

Our Government will continue to support volunteers and community organizations through emergency COVID-19 measures, such as the COVID-19 Emergency Community Support Fund that is being administered by the West Vancouver Foundation, the Community Foundation, the Sunshine Coast Foundation, the Squamish Community Foundation, and the Whistler Community Foundation. I invite you to learn more about the incredible work that is being supported in our community by visiting their websites.

Through the Government’s New Horizons for Seniors program, we have been able to support seniors organizations across our riding to help them adapt to the pandemic so they can continue providing essential services and address social isolation for our seniors. The North Shore Volunteers for Seniors in West Vancouver was able to utilize their grant to purchase hand sanitizer, air purifiers, and Plexiglass, enabling members to gather safely, reinstate social games, and attend fun workshops with friends and family. Ensuring pandemic safety while supporting the physical, mental, and emotional well-being of isolated vulnerable community members will only become more important in the months ahead. Our Government is committed to meeting those needs through our support and funding programs as we get through the pandemic together. 2021 Constituency Youth Council

Are you in high school or university and interested in engaging in federal politics and making a difference in your community?

We are now accepting applications for the 2021 Constituency Youth Council (CYC)! The CYC is a valuable opportunity for youth aged 15 to 21 to engage in the political process and get involved in our community. This is a non-partisan group of youth that gather to discuss and take action on political issues that are of relevance to their generation. The CYC provides valuable input to help guide me and our Government in addressing these issues, and is a unique opportunity for youth to get involved in politics. The typical time commitment involved in being part of the CYC is 1-2 monthly meetings for a total of approximately 2 hours per month. In accordance with COVID-19 public health guidelines and orders, most of these meetings are likely to be held virtually for the foreseeable future.

Projects undertaken by past CYCs have ranged from food drives, hosting public forums, and ministerial letters. Past councils have been focused on tackling important issues such as climate change, gender equality, and youth employment. This year’s Council will have the chance to build on these discussions and take on projects that will positively impact our community.

Apply now to join the CYC using this form: https://forms.gle/r7XwAGLCSYG1kXip6

Deadline for application: November 30, 2020

Legislation in the House of Commons

First proposed by the former Conservative MP Rona Ambrose through a Private Member’s Bill, Bill C-3, An Act to amend the Judges Act and the Criminal Code has re-entered the House floor and I am proud to say received unanimous consent, in principle, from all parties. Survivors of sexual assault in Canada deserve to have confidence that the judges ruling on their cases will have the necessary training to understand the complex nature of sexual assault cases as well as be educated on the myths and stereotypes that often surround them. Bill C-3 will address these issues by strengthening training requirements for newly appointed federal judges and providing existing judges with broader training and education on sexual assault.

The Government of Canada is continuing to take significant and decisive action to support Canadians and protect jobs during the ongoing global COVID-19 pandemic. That is why we introduced and passed Bill C-4, An Act relating to certain measures in response to COVID-19. The Canada Recovery Benefit (CRB) provides support to contract and gig workers (that do not qualify for EI) that are involuntarily without work due to COVID-19 with financial support. The Canada Recovery Sickness Benefit provides up to 2 weeks of paid sick leave. The Canada Recovery Caregiving Benefit provides support for workers who are unable to work because they must care for a dependent. For more information on these and other COVID-19 related programs, please visit Canada.ca/coronavirus.

There is no relationship more important to Canada than the one with Indigenous Peoples. Canada recognizes the harm that Residential Schools among other discriminatory policies have had against First Nation, Inuit and Metis people. We are therefore following through on the Truth and Reconciliation Commission’s Call to Action (#80) with Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) to make September 30th the National Day for Truth and Reconciliation to honour the survivors of Residential Schools. We will continue to work in collaboration with Indigenous peoples to plan this National Day, and we will soon be introducing legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples into federal legislation.

Conversion therapy is a degrading practice that targets vulnerable LGBTQ2 Canadians in an attempt to change their sexual orientation or gender identity and can lead to life-long trauma. It is rooted in the belief that sexual orientation or gender identity can and should be changed to fit a narrow idea of what is ‘normal’ or ‘natural’. We introduced Bill C-6, An Act to amend the Criminal Code (Conversion Therapy) to criminalize this heinous practice. It is identical to former Bill C-8, which was introduced on March 9, 2020.

Medical assistance in dying is a deeply personal issue for our community and one that affects many individuals and families across the country. The campaign to amend our laws to allow this practice has in fact been championed by those in our riding, including the late Gillian Bennett of Bowen Island. Revitalized and on the floor, Bill C-7, An Act to amend the Criminal Code Medical Assistance in Dying, will bring the legislation in line with a recent decision by the Quebec courts, and it follows a robust public consultation process where 300,000 Canadians participated in online across Canada. Bill C-7 proposes to remove the reasonably foreseeable death clause and instead will introduce a two-track approach to procedural safeguards that will assess the unique situation of each candidate. This legislation also recognizes the significant role that social, mental health, disability and community support services play in the full realization of these rights. A further parliamentary review will take place in 2021.

REMINDER: Unsung Champions

Do you know of an organization or person that has not received the recognition that you think they deserve for their volunteer contributions to our community or country?

Volunteers are an important part of any community, providing valuable services, connection and engagement. The inaugural Unsung Champions awards are one way to highlight and celebrate the value they add to our communities and/or the lives of our community members.

Please nominate individuals and organizations one at a time - to nominate a different person, please submit a new form.

Click here for the Nomination Form

Deadline for submissions: November 15, 2020, at 11:59 pm.

If you have any questions or prefer a hard copy of the nomination form, please connect with [email protected]

Constituent Survey

Hearing from and listening to constituents is essential to my work and the advocacy that I bring to Ottawa. To help facilitate that, you are invited to share your thoughts by filling out this Google Form. I would love to hear from you about the priorities and issues that matter most to you and your community.

Deadline for submissions is November 30, 2020 at 11:59 pm.

Remembrance Day

Due to COVID-19, Remembrance Day will be celebrated differently throughout the riding. While we may not be gathering in large groups as we normally do, I invite you to connect to your regional Legion to support or livestream the Remembrance Day ceremony to appreciate and give thanks for the sacrifices our veterans have and continue to make to keep us safe.

 West Vancouver Legion #60  Squamish Legion #277  Bowen Island Legion #150  Pemberton Legion #201  Roberts Creek Legion #219  Sechelt Legion #140 (This year's ceremony will also be broadcasted by Coast Cable Company)  Pender Harbour Legion #112  Gibsons Legion #109  Lions Bay Legion  Whistler Legion

View this email in your browser

This email was sent to [email protected] why did I get this? unsubscribe from this list update subscription preferences House of Commons ꞏ 6367 Bruce Street ꞏ West Vancouver, bc v7w 2g5 ꞏ Canada (26)

Mahssa Beattie

From: Sheryl LeBlanc Sent: Monday, November 2, 2020 10:00 AM To: s. 22(1) Subject: FW: FW: Collingwood ‐ Noise Complaint

Good Morning s. 22(1)

Thank you for taking the time to email us your concerns.

As stated in my email to you below, follow up had been made to both parties and the contractor received a ticket for the offence which was reported on June 17, 2020.

According to our files, we have not received any noise complaints originating at Collingwood school by email or voicemail since your last report in June 2020.

Based on the information you have recently provided below, a call for service will be created and a bylaw officer will look into this matter to investigate.

In the meantime, if you have any further questions, please feel free to contact me directly at 604‐925‐7459.

Thank you,

Sheryl LeBlanc Acting Manager, Bylaw & Licensing Services | District of West Vancouver d: 604-925-7459 | westvancouver.ca ......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you ////(2)

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 8:43 AM To: MayorandCouncil Cc: Sheryl LeBlanc; [email protected]; Robert Bartlett Subject: Re: FW: Collingwood - Noise Complaint

All,

Contrary to what your Sheryl LeBlanc wrote (see below), contacting directly the so called By Law Enforcement, once again turned to be the least efficient way of communications!

I presume that she is still investigating the matter from June 17, 2020(see below) ... and to date, after over one year (see below again) the district at large accomplished absolutely NOTHING!

In the mean time Collingwood's garbage truck often (almost regularly) arrives before 7:30 am. Most recently; on October 19, 2020 it was as early as 7:05 am and today it was at 6:38 am (six thirty eight in the morning)!

As you know, many months ago Collingwood made a commitment to padlock the garbage shed for the night. Evidently, once again it was nothing more than another promise that they never intended to keep for more than a couple of days, sometimes a couple of weeks at the very best.

Furthermore. Please confirm or deny, if I am wrong; in my understanding noisy football practices on Collingwood field, which start at 7:00 am, actually at 6:55 am to be exact, are also in violation of the municipal bylaw. Sadly it seems that this is not part of the school operation, but rather Collingwood School's commercial activity i.e. the football field rental. It is definitely the case during lawful hours.

s. 22(1)

On Thu, Jun 18, 2020 at 11:07 AM Sheryl LeBlanc wrote:

Good Afternoon, s. 22(1) , Thank you for your email. I will follow up with Collingwood School and the contractor today.

In future, please copy [email protected] or contact 604‐925‐7152 to file reports of concern, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Wednesday, June 17, 2020 7:04 AM To: Sheryl LeBlanc Subject: Re: FW: Collingwood ‐ Noise Complaint

Hi,

Evidently tickets are not enough.

Today truck for Collingwood garbage arrived again at 6:55 am

s. 22(1)

On Fri, Nov 29, 2019 at 10:26 AM Sheryl LeBlanc wrote: Good Morning s. 22(1) ,

Thank you for your email, which has been forwarded to me for response.

Staff have confirmed that Collingwood School has directed the service provider to attend within the allowable hours. Staff have issued 3 tickets to date directly to the service provider, and we will look into the incident this morning which will likely result in an additional ticket.

From here, our Licence Inspector will follow-up with the business, as they are not operating in compliance with municipal bylaws.

In future, please copy [email protected] on reports of concerns, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

------Original message ------From: s. 22(1)

Date: 2019-11-29 6:59 a.m. (GMT-08:00)

To: Sarah Almas

Cc: Nina Leemhuis , Mary-Ann Booth , Nora Gambioli , Peter Lambur , Sharon Thompson , Marcus Wong , Bill Soprovich , Craig Cameron

Subject: Re: FW: Draft Response re: Collingwood - Mayor and Council

Be inform that today Colingwood truck arrived at 6;45 am. It is 6:57. The truck is just leaving

Have a great day.

s. 22(1)

On Mon, Nov 25, 2019 at 10:06 AM s. 22(1) wrote:

Mrs. Almas,

As you requested I am reporting that today Collingwood's garbage truck arrived at 7:14am.

I categorically demand nothing more and nothing less than strict enforcement of the law of the land; something that has chronically not been delivered and before one problem is even tackled at the "Round Table", Collingwood step by step starts to deprive its neighbours from other statutory rights. Most recently you wrote:

... "Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps".

Why must the district before taking any action, first seek approval from Collingwood ?

Sincerely,

s. 22(1) On Sat, Nov 23, 2019 at 5:00 PM s. 22(1) wrote:

Mrs. Almas,

Your response is puzzling. Unlike Collingwood's garbage, regarding more important issues, instead of enforcement, after four weeks of deliberations you talk about negotiations with "the School Traffic Advisory Round Table group", as if these matters were never before discussed and concluded upon. In addition, I am alarmed that this process would involve the majority (four of seven) of the same "elected officials" who created these absurdities. In a nut shell:

The elected official, Bill Soprovich offered his assistance and participated in meetings of the Glenmore Neighbourhood Committee (the Committee) to the very last moment before the voting ceremony, when he excused himself, because voting would elevate the common understanding of breach of ethics to legally breaching the code of ethics.

The elected official, Pamela Goldsmith-Jones, collaborated the covenant, which instead of providing guarantees for the implementation of the agreement between the Committee and Collingwood that she initiated and endorsed, could be easily manipulated to serve interests of Collingwood... and indeed, "elected officials" Nora Gambioli, Craig Cameron and Mary-Ann Booth led by the acclimated mayor Michael Smith did exactly that. They reversed the resolution back to the problem and the manner in which they achieved this was disgraceful.

Mrs. Goldsmith-Jones admitted that ..."it does not make sense"... because it would be completely disconnected from the spirit of the agreement and it would be contrary to" the intent of the covenant. She, promised to talk about that with "Mike", but refused to repeat the same publically. After all, she was already focused on the federal election... and Collingwood got more than they were dreaming of. Now your response sounds as if in that rush "to be done with it", the district omitted even those conditions that Collingwood offered upfront, asking for the redevelopment permit.

Of course Collingwood quickly took every advantage of that favour and moved their garbage bins to the limit of their property; s. 22(1) . The district refused to even talk about that and Collingwood further tested the boundary. They converted their parking into the bus hub servicing both of their campuses. The district again refused to intervene, so Collingwood pushed their traffic havoc from their property back on to our streets, while their circular drive way is half empty.

Sadly, it seems this madness still continues and will continue. Therefore by the copy of this email I am asking each of the four "elected officials, if they realized how much value s. 22(1) lost because of it and if they would do the same if it was their property? Nobody wants to s. 22(1) the garbage shed and a bus lot. That wasa repeated sticking point for buyers.

Sincerely,

s. 22(1)

On Mon, Nov 18, 2019 at 2:33 PM Sarah Almas wrote:

Good afternoon s. 22(1) ,

The traffic and parking concerns raised have been brought forward to the School Traffic Advisory Round Table group, consisting of representatives from various groups with expertise in school traffic including Engineering Services, Bylaw Services, West Vancouver Police, ICBC, School District, and elected officials. A site visit and assessment took place last week involving members of the committee representing Bylaw Services, Engineering and Transportation, West Vancouver Police, and Collingwood School. Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps.

Further to my previous email, a call for service was created in response to reports of early garbage collection, and staff have followed up with Collingwood School. If collection occurs prior to 7:30 a.m., please report directly to the Bylaw Services Department at 604‐925‐7152 or [email protected] so that we can ensure the most efficient response.

Sincerely,

Sarah Almas

Manager, Bylaw & Licensing Services | District of West Vancouver

t: 604-925-7153 | westvancouver.ca This email and any fi les transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Tuesday, November 12, 2019 8:04 AM To: Sarah Almas Cc: Nina Leemhuis ; MayorandCouncil ; [email protected] Subject: Re: Colingwood traffic

Ms. Almas,

s. 22(1) presumption was right on the money. There was no meaningful response from the school nor from the municipality... Collingwood stated that first they must review "historical understanding" of this, you said that "staff are looking into this", announced an update "next week"... and three (3) weeks already went by.

The district is the master of how to look into this and do NOTHING about it.

On parking issues, directly related to the traffic, your department is also looking into it since we staged the parking protest on Morven Drive during the construction of the new school. Then the bylaw enforcement was here within an hour with a measuring tape... to conclude upon measurments that our cars were parked 100% legally, but to date regarding Collingwood's notorious illegal parking on Morven Drive you did ABSOLUTELY NOTHING and that street is still used for Collingwood's unlawful day parking, because their above ground parking is used as a bus hub (see attached last week photos).

In fact to date you did not even bother to clarify what "School Days" legally means (see third photo), so, a resident or Glenmore resident's guest(s) always risk a parking ticket, especially, that the school has started to operate all year round, during the summer traffic controllers were absent, and fewer cars generated the same degree of havoc.

Similarly for years, Collingwood has been addressing unlawful hours of their garbage pickup and I am sure that your staff will look into it for more years to come, take no action and receive for it full appreciation from the same four councillors who recklessly created that mess.

Sincerely,

s. 22(1)

On Wed, Nov 6, 2019 at 5:30 PM s. 22(1) s. 22(1) wrote:

Good Evening Neighbours,

s. 22(1) , sent an email (forwarded here) to Collingwood School describing the mayhem causes by the school related traffic. The traffic is particularly bad in the afternoon when hundreds of cars are blocking Stevens Drive and Glengarry Crescent.

It doesn't appear that there was any response so far from the school or from our municipality, which received copy of s. 22(1) email.

If this traffic chaos continues I suggest that our neighbourhood should contact both the school and our municipality and demand a corrective action to be taken without delay. s. 22(1) thank you for taking the initiative.

Regards to all,

s. 22(1) ------Forwarded message ------From: s. 22(1) Date: Mon, 21 Oct 2019 at 15:17 Subject: Fwd: Colingwood trafic To: s. 22(1)

Hi s. 22(1)

Please distribute at your discussion.

Regards, s. 22(1)

------Forwarded message ------From: s. 22(1) Date: Mon, Oct 21, 2019 at 3:13 PM Subject: Colingwood trafic To: Cc: ,

Dear Beverley von Zielonka,

Like s. 22(1) , last week I received the letter from a couple of Collingwood parents apologizing in advance for any inconvenience the Collingwood Gala special event may cause.

Special events are not the problem. The major problem is the daily nuisance caused by Collingwood traffic during student pick up hours.

Only for a very short period, immediately after the construction, still under Mr. Wright, Collingwood played by the rules, proving that indeed it has the capacity to accommodate it's traffic on it's own property. Since then, step by step, the situation has worsened. This year that trend accelerated exponentially. During student pick up hours Collingwood traffic jams often lengthen up to Stevens Drive. In fact several times back to Deep Dene, and students are picked up all along that stretch causing even greater havoc. Most importantly. It happens regularly, I mean every day, that some parents are loosing patience waiting in the queue, jump the line, and "speed" down on the wrong side of the road against oncoming traffic, cutting corners at the intersection of Glenmore and Glengarry, around the tennis courts and at the intersection of Glengarry and Morven. There were already several close calls.

It is only a matter of time that a serious accident will happen!

To get us faster to the point. Collingwood must utilize to the maximum, the full length of the circular drive way, including the second half of the circular drive way from the entrance to the building, up to the exit from the school property and cars should park parallel, if necessary, AND frankly, we do not care that it might be inconvenient for your clients! As long as there is one single free spot on Collingwood property, not a single Collingwood car should jam the neighbourhood streets. You must do that not as favour. This is your obligation. This is the commitment Collingwood made. This was the condition, under which the construction of that nonsense proceeded.

By the copy of this email I request the district of West Vancouver to confirm or deny whether or not the district ever released Collingwood from that obligation.

In any case, It is absolutely ridiculous that while Collingwood students are picked up at their convenience along the streets of our neighbourhood, our kids must cross these streets in dangerous situations caused by Collingwood School, which does not play by rules proposed itself.

Sincerely,

s. 22(1) (27)

Mahssa Beattie

From: Michelle McGuire Sent: Monday, November 2, 2020 4:05 PM s. 22(1) To: MayorandCouncil Cc: Cindy L. Mayne Subject: FW: Council correspondence - week ending October 30, 2020 s. 22(1) Attachments: .pdf

Thank you for your email to Mayor and Council regarding cannabis retail sales and bylaw development in West Vancouver. It has been sent to the Planning & Development Services department for response.

On July 23, 2018, Council adopted a zoning by‐law amendment (staff report and by‐law linked below for reference) defining and prohibiting cannabis sales in the District of West Vancouver. Currently the District does not have any policy or criteria to assess appropriate locations for the retail sale of recreational cannabis and Council has not yet directed staff to develop a policy.

Staff report ‐ https://westvancouver.ca/sites/default/files/dwv/council‐agendas/2018/jul/16PH‐CANNABIS/18jul16‐PH1‐ R1.pdf Cannabis Retail by‐law ‐ https://westvancouver.ca/sites/default/files/dwv/council‐agendas/2018/jul/23/18jul23‐6.pdf

Cannabis businesses wishing to locate in the District can apply for a rezoning. Staff would review proposals on a case‐by‐ case basis, allowing the District to determine the specific conditions associated with the individual business.

Best regards, Michelle

Michelle McGuire, MCIP Manager of Current Planning and Urban Design | District of West Vancouver t: 604‐925‐7059 | westvancouver.ca ////(1)

Mahssa Beattie

s. 22(1) From: Sent: Friday, October 23, 2020 2:32 PM To: MayorandCouncil Subject: Cannabis licensing

Hello there, About eight months ago I had spoken to a counsellor, and I forget the gentleman’s name, regarding the allowing of retail, legal cannabis stores in West Vancouver. I was told that council would look at that proposal again towards the end of the year. In that regard, I am just writing to find out where council and mayor stand on allowing that to happen in West Vancouver. I await your response either by email or phone. Thank you for your attention to this matter.

Best Regards,

s. 22(1)

West Vancouver BC s. 22(1) (28)

Mahssa Beattie

From: Heather Keith Sent: Tuesday, November 3, 2020 11:48 AM s. 22(1) To: Cc: MayorandCouncil; Jim Bailey s. 22(1) Subject: FW: pdf s. 22(1) Attachments: pdf

Dear s. 22(1) ,

Thank you for your inquiry regarding an online registry for tree permits. Staff are looking into developing this type of system to make available on the District website.

With respect to s. 22(1) , a tree permit was issued under conditions 6.4.2 and 6.4.3 of the Interim Tree Bylaw.

Best Regards, Heather

Heather Keith, M.Sc., R.P.Bio Manager, Environmental Protection | District of West Vancouver d: (604) 921-2925 | westvancouver.ca

The Municipal Hall is closed to the public due to COVID, but we continue to provide service by email and phone. ////(3)

Mahssa Beattie

s. 22(1) From: 1610-20-4892 Sent: Wednesday, October 14, 2020 7:49 AM s. 22(1) To: Nora Gambioli; Craig Cameron; Bill Soprovich; Peter Lambur; Mary- s. 22(1) Ann Booth; Marcus Wong; Sharon Thompson; s. 22(1) MayorandCouncil; David Hawkins; Matthew MacKinnon s. 22(1) Subject: Re: - Photos

Another one goes! I wonder what the reason ~ the wood appears healthy.

I refuse to harden my heart and not ask after the circumstance, to adopt some kind of blithe nonchalance as we are instructed to do by staff, Mayor & Councillors.

I M P O R T A N T L Y ‐ P R O G R E S S I V E L Y and with R E S P E C T for the fallen trees and for the citizens who mourn this continuous loss, there needs to be instated at the District, and available on‐line, a register, of trees permitted to be cut down and the accepted reason by the District for each tree to be permitted to be cut down.

I expect, staff, Mayor and Council, a reply to this request.

Let us start with this tree. An answer to the “why?” can be in email form ‐ ‘reply to all’.

Of course, if there is no permit ‐ that is a whole other story a SIGNIFICANT fine and the license for the tree cutting company to operate in this District revoked.

Respectfully,

s. 22(1)

West Vancouver, BC s. 22(1)

Sent from my iPhone

> On Oct 13, 2020, at 10:01 PM, s. 22(1) wrote: > > Probably 5'6" in diameter, over twice the size. And there are others almost as large on the site. I did call bylaws who sent someone arriving about 35 minutes later. There were a couple of stories about a permit ‐ first it had been posted but taken down because of the rain, ‐ it was not raining ‐ but it was in the truck, and the second story was telling bylaws that we don't have a tree cutting permit but every thing is above board. At 4:30 in the afternoon, a permit still had not been posted when we checked. > I will call bylaws tomorrow morning. > > Thank you for your response. > > Regards, > s. 22(1) > > > > s. 22(1) > > > > > > > > ‐‐‐‐‐Original Message‐‐‐‐‐ From: Nora Gambioli > Sent: Tuesday, October 13, 2020 9:27 PM > To: s. 22(1) > Cc: Craig Cameron ; Bill Soprovich ; Peter Lambur ; Mary‐Ann Booth ; > Marcus Wong ; Sharon Thompson ; s. 22(1) > s. 22(1) > Subject: Re: s. 22(1) ‐ Photos > > Hi s. 22(1) , are you suggesting that the tree is more than 75 cm in diameter? If so, the information should be sent to our bylaws department and a complaint lodged ASAP. > > Nora Gambioli > Councillor, District of West Vancouver > > On Oct 13, 2020, at 4:06 PM, s. 22(1) wrote: > > Burley Boys hard at work at s. 22(1) today. What would you estimate the size of this tree is? Is that a garden gnome standing next to it? Pathetic. > > s. 22(1) > > > > > > > > > From: s. 22(1) > Sent: Tuesday, October 13, 2020 3:45 PM > To: s. 22(1) > Subject: s. 22(1) ‐ Photos > > > > >

> s. 22(1) > PG> > .JPG> > .JPG> (29)

Mahssa Beattie

From: Sheryl LeBlanc Sent: Tuesday, November 3, 2020 3:09 PM To: 'Lisa Evans' Cc: Angela Nielsen Subject: RE: Response from Collingwood re: Noise Complaint

Good Afternoon Lisa,

Thank you for your email. We appreciate your ongoing cooperation in an effort to assist the West Vancouver Bylaw & Licensing Services Department with gathering the information required to ensure prompt follow up with the waste services provider.

I have noted your comments below as it relates to the usage of the turf field. To answer your question, there is no municipal bylaw which would prohibit the use of the private field by authorized users.

If you have any further questions, please don’t hesitate to contact me to discuss further.

Thank you,

Sheryl LeBlanc Acting Manager, Bylaw & Licensing Services | District of West Vancouver d: 604-925-7459 | westvancouver.ca ......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you. (4)////

Mahssa Beattie

From: Lisa Evans Sent: Monday, November 2, 2020 1:48 PM To: MayorandCouncil; Sheryl LeBlanc; Robert Bartlett Cc: Angela Nielsen Subject: Response from Collingwood re: Noise Complaint

Good afternoon, Mayor Booth, Council Members, Robert and Sheryl.

I want to update you on the complaint that we all received today from s. 22(1) , about the garbage truck arriving to our Morven Campus School. We have checked our security footage and can confirm that the truck was here earlier than our stated pick‐up time this morning. Unfortunately, we did not know that something similar had occurred a couple of weeks ago. Whenever we hear that this has happened, we are in immediate contact with the company. This is completely unacceptable from the School’s point of view and we have demanded changes from the garbage company provider.

Collingwood School continues to work closely with West Vancouver District staff to send screenshots of when the garbage truck is not abiding by stated rules to By‐Law Officers. We are in full support that the company deserves to be fined. We have told the garbage company that we are partnering with District officials and sending visual proof of infractions to ensure that the company abides by the municipality’s Noise Control Bylaw.

We have also told the garbage truck provider that we expect them to abide by District of West Vancouver By‐Laws or else we will be looking for a different company to provide our pick‐up service.

I also wish to clarify that the field use that s. 22(1) mentioned in his e‐mail is not a turf field rental. Our own Collingwood students and staff have been out on our Morven field for morning practice some mornings during the fall. We have continued to provide opportunities for students to be physically active by training with their learning groups and coaches. We have not had any scheduled games or competitions because this is not permitted by BC School Sports during the Covid‐19 pandemic. We have just transitioned from fall sports to winter sports this past week, and so there will no longer be any morning practices outside until the spring time.

If there are any By‐Laws which refer to student athletes being active in the morning on their own school’s property, I would appreciate knowing this. I am leading the School with the assumption that we can use our facilities for our student activities during the school day.

Sincerely,

Lisa

From: s. 22(1) Sent: Monday, November 2, 2020 8:43 AM To: [email protected] Cc: [email protected]; Lisa Evans ; [email protected] Subject: Re: FW: Collingwood ‐ Noise Complaint

All,

Contrary to what your Sheryl LeBlanc wrote (see below), contacting directly the so called By Law Enforcement, once again turned to be the least efficient way of communications!

I presume that she is still investigating the matter from June 17, 2020(see below) ... and to date, after over one year (see below again) the district at large accomplished absolutely NOTHING!

In the mean time Collingwood's garbage truck often (almost regularly) arrives before 7:30 am. Most recently; on October 19, 2020 it was as early as 7:05 am and today it was at 6:38 am (six thirty eight in the morning)!

As you know, many months ago Collingwood made a commitment to padlock the garbage shed for the night. Evidently, once again it was nothing more than another promise that they never intended to keep for more than a couple of days, sometimes a couple of weeks at the very best.

Furthermore. Please confirm or deny, if I am wrong; in my understanding noisy football practices on Collingwood field, which start at 7:00 am, actually at 6:55 am to be exact, are also in violation of the municipal bylaw. Sadly it seems that this is not part of the school operation, but rather Collingwood School's commercial activity i.e. the football field rental. It is definitely the case during lawful hours.

s. 22(1)

s. 22(1)

On Thu, Jun 18, 2020 at 11:07 AM Sheryl LeBlanc wrote:

Good Afternoon, s. 22(1) ,

Thank you for your email. I will follow up with Collingwood School and the contractor today. In future, please copy [email protected] or contact 604‐925‐7152 to file reports of concern, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

From: s. 22(1) Sent: Wednesday, June 17, 2020 7:04 AM To: Sheryl LeBlanc Subject: Re: FW: Collingwood ‐ Noise Complaint

Hi,

Evidently tickets are not enough.

Today truck for Collingwood garbage arrived again at 6:55 am

s. 22(1)

s. 22(1)

On Fri, Nov 29, 2019 at 10:26 AM Sheryl LeBlanc wrote:

Good Morning s. 22(1) , Thank you for your email, which has been forwarded to me for response.

Staff have confirmed that Collingwood School has directed the service provider to attend within the allowable hours. Staff have issued 3 tickets to date directly to the service provider, and we will look into the incident this morning which will likely result in an additional ticket.

From here, our Licence Inspector will follow-up with the business, as they are not operating in compliance with municipal bylaws.

In future, please copy [email protected] on reports of concerns, as this is the most efficient way for an on duty staff member to respond.

Thank you,

Sheryl LeBlanc

Senior Bylaw Enforcement Officer | District of West Vancouver d: 604-925-7459 | westvancouver.ca

......

This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you.

------Original message ------

From: s. 22(1)

Date: 2019-11-29 6:59 a.m. (GMT-08:00) To: Sarah Almas

Cc: Nina Leemhuis , Mary-Ann Booth , Nora Gambioli , Peter Lambur , Sharon Thompson , Marcus Wong , Bill Soprovich , Craig Cameron

Subject: Re: FW: Draft Response re: Collingwood - Mayor and Council

Be inform that today Colingwood truck arrived at 6;45 am. It is 6:57. The truck is just leaving

Have a great day.

s. 22(1)

On Mon, Nov 25, 2019 at 10:06 AM s. 22(1) wrote:

Mrs. Almas,

As you requested I am reporting that today Collingwood's garbage truck arrived at 7:14am.

I categorically demand nothing more and nothing less than strict enforcement of the law of the land; something that has chronically not been delivered and before one problem is even tackled at the "Round Table", Collingwood step by step starts to deprive its neighbours from other statutory rights. Most recently you wrote:

... "Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps".

Why must the district before taking any action, first seek approval from Collingwood ?

Sincerely,

s. 22(1)

On Sat, Nov 23, 2019 at 5:00 PM s. 22(1) > wrote:

Mrs. Almas, Your response is puzzling. Unlike Collingwood's garbage, regarding more important issues, instead of enforcement, after four weeks of deliberations you talk about negotiations with "the School Traffic Advisory Round Table group", as if these matters were never before discussed and concluded upon. In addition, I am alarmed that this process would involve the majority (four of seven) of the same "elected officials" who created these absurdities. In a nut shell:

The elected official, Bill Soprovich offered his assistance and participated in meetings of the Glenmore Neighbourhood Committee (the Committee) to the very last moment before the voting ceremony, when he excused himself, because voting would elevate the common understanding of breach of ethics to legally breaching the code of ethics.

The elected official, Pamela Goldsmith-Jones, collaborated the covenant, which instead of providing guarantees for the implementation of the agreement between the Committee and Collingwood that she initiated and endorsed, could be easily manipulated to serve interests of Collingwood... and indeed, "elected officials" Nora Gambioli, Craig Cameron and Mary-Ann Booth led by the acclimated mayor Michael Smith did exactly that. They reversed the resolution back to the problem and the manner in which they achieved this was disgraceful.

Mrs. Goldsmith-Jones admitted that ..."it does not make sense"... because it would be completely disconnected from the spirit of the agreement and it would be contrary to" the intent of the covenant. She, promised to talk about that with "Mike", but refused to repeat the same publically. After all, she was already focused on the federal election... and Collingwood got more than they were dreaming of. Now your response sounds as if in that rush "to be done with it", the district omitted even those conditions that Collingwood offered upfront, asking for the redevelopment permit.

Of course Collingwood quickly took every advantage of that favour and moved their garbage bins to the limit of their property; s. 22(1) The district refused to even talk about that and Collingwood further tested the boundary. They converted their parking into the bus hub servicing both of their campuses. The district again refused to intervene, so Collingwood pushed their traffic havoc from their property back on to our streets, while their circular drive way is half empty.

Sadly, it seems this madness still continues and will continue. Therefore by the copy of this email I am asking each of the four "elected officials, if they realized how much value s. 22(1) lost because of it and if they would do the same if it was their property? Nobody wants to s. 22(1) the garbage shed and a bus lot. That wasa repeated sticking point for buyers.

Sincerely,

s. 22(1) On Mon, Nov 18, 2019 at 2:33 PM Sarah Almas wrote:

Good afternoon s. 22(1) ,

The traffic and parking concerns raised have been brought forward to the School Traffic Advisory Round Table group, consisting of representatives from various groups with expertise in school traffic including Engineering Services, Bylaw Services, West Vancouver Police, ICBC, School District, and elected officials. A site visit and assessment took place last week involving members of the committee representing Bylaw Services, Engineering and Transportation, West Vancouver Police, and Collingwood School. Staff will be reporting back to the School Traffic Advisory Round Table group with their observations and to discuss next steps.

Further to my previous email, a call for service was created in response to reports of early garbage collection, and staff have followed up with Collingwood School. If collection occurs prior to 7:30 a.m., please report directly to the Bylaw Services Department at 604‐925‐7152 or [email protected] so that we can ensure the most efficient response.

Sincerely,

Sarah Almas

Manager, Bylaw & Licensing Services | District of West Vancouver

t: 604-925-7153 | westvancouver.ca

This email and any fi les transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you. From: s. 22(1) Sent: Tuesday, November 12, 2019 8:04 AM To: Sarah Almas Cc: Nina Leemhuis ; MayorandCouncil ; [email protected] Subject: Re: Colingwood traffic

Ms. Almas,

s. 22(1) presumption was right on the money. There was no meaningful response from the school nor from the municipality... Collingwood stated that first they must review "historical understanding" of this, you said that "staff are looking into this", announced an update "next week"... and three (3) weeks already went by.

The district is the master of how to look into this and do NOTHING about it.

On parking issues, directly related to the traffic, your department is also looking into it since we staged the parking protest on Morven Drive during the construction of the new school. Then the bylaw enforcement was here within an hour with a measuring tape... to conclude upon measurments that our cars were parked 100% legally, but to date regarding Collingwood's notorious illegal parking on Morven Drive you did ABSOLUTELY NOTHING and that street is still used for Collingwood's unlawful day parking, because their above ground parking is used as a bus hub (see attached last week photos).

In fact to date you did not even bother to clarify what "School Days" legally means (see third photo), so, a resident or Glenmore resident's guest(s) always risk a parking ticket, especially, that the school has started to operate all year round, during the summer traffic controllers were absent, and fewer cars generated the same degree of havoc.

Similarly for years, Collingwood has been addressing unlawful hours of their garbage pickup and I am sure that your staff will look into it for more years to come, take no action and receive for it full appreciation from the same four councillors who recklessly created that mess.

Sincerely,

s. 22(1) On Wed, Nov 6, 2019 at 5:30 PM s. 22(1) wrote:

Good Evening Neighbours,

s. 22(1) , sent an email (forwarded here) to Collingwood School describing the mayhem causes by the school related traffic. The traffic is particularly bad in the afternoon when hundreds of cars are blocking Stevens Drive and Glengarry Crescent.

It doesn't appear that there was any response so far from the school or from our municipality, which received copy of s. 22(1) email.

If this traffic chaos continues I suggest that our neighbourhood should contact both the school and our municipality and demand a corrective action to be taken without delay. s. 22(1) thank you for taking the initiative.

Regards to all,

s. 22(1)

------Forwarded message ------From: s. 22(1) Date: Mon, 21 Oct 2019 at 15:17 Subject: Fwd: Colingwood trafic To: s. 22(1) Hi s. 22(1)

Please distribute at your discussion.

Regards, s. 22(1)

------Forwarded message ------From: s. 22(1) Date: Mon, Oct 21, 2019 at 3:13 PM Subject: Colingwood trafic To: Cc: ,

Dear Beverley von Zielonka,

Like s. 22(1) , last week I received the letter from a couple of Collingwood parents apologizing in advance for any inconvenience the Collingwood Gala special event may cause.

Special events are not the problem. The major problem is the daily nuisance caused by Collingwood traffic during student pick up hours.

Only for a very short period, immediately after the construction, still under Mr. Wright, Collingwood played by the rules, proving that indeed it has the capacity to accommodate it's traffic on it's own property. Since then, step by step, the situation has worsened. This year that trend accelerated exponentially. During student pick up hours Collingwood traffic jams often lengthen up to Stevens Drive. In fact several times back to Deep Dene, and students are picked up all along that stretch causing even greater havoc.

Most importantly. It happens regularly, I mean every day, that some parents are loosing patience waiting in the queue, jump the line, and "speed" down on the wrong side of the road against oncoming traffic, cutting corners at the intersection of Glenmore and Glengarry, around the tennis courts and at the intersection of Glengarry and Morven. There were already several close calls.

It is only a matter of time that a serious accident will happen!

To get us faster to the point. Collingwood must utilize to the maximum, the full length of the circular drive way, including the second half of the circular drive way from the entrance to the building, up to the exit from the school property and cars should park parallel, if necessary, AND frankly, we do not care that it might be inconvenient for your clients! As long as there is one single free spot on Collingwood property, not a single Collingwood car should jam the neighbourhood streets. You must do that not as favour. This is your obligation. This is the commitment Collingwood made. This was the condition, under which the construction of that nonsense proceeded.

By the copy of this email I request the district of West Vancouver to confirm or deny whether or not the district ever released Collingwood from that obligation.

In any case, It is absolutely ridiculous that while Collingwood students are picked up at their convenience along the streets of our neighbourhood, our kids must cross these streets in dangerous situations caused by Collingwood School, which does not play by rules proposed itself.

Sincerely,

s. 22(1) (30)

Mahssa Beattie

From: Jenn Moller Sent: Wednesday, November 4, 2020 6:05 PM s. 22(1) To: Cc: MayorandCouncil; Donna Powers; Natalie Roizman; Robert Bartlett; Suzanne Bornestig Subject: HSB Power Failures: Council Correspondence week of 2020.11.06 _ ENGINEERING FOLLOW UP s. 22(1) Attachments: .pdf

Mr. s. 22(1)

Thank you for your email.

In my capacity as Director of Engineering & Transportation, I am following up on your enclosed correspondence to Mayor and Council regarding the recent Horseshoe Bay power outages as it is an operational issue that District staff are working to resolve.

I am sorry to hear of the inconveniences the outage caused for you and can confirm the District is aware of the recent power outages are resultant from the hydro pole located at the roundabout at Nelson Avenue being struck by large trucks, despite this being a prohibited heavy vehicle route as defined and regulated within the District’s Traffic and Parking Bylaw No. 4370, 2004.

District staff are now working on the following steps to avoid future occurrences:

• Installing enhanced trucks prohibited signage • Increased traffic enforcement in the area • Working with BC Hydro to determine the exact cause of the outages, and what measures can be taken on an interim basis to protect the pole • Determining what steps may be available to BC Hydro to resolve the vulnerability of the pole on a more permanent basis

Once there is more information available, an update will be posted on the Horseshoe Bay Projects website. You may also sign up for email updates for any issues related to Horseshoe Bay on this page. http://westvancouver.ca/hsb

Please do not hesitate to reach out if you have any further questions or concerns regarding this issue.

Sincerely,

Jenn Moller, P.Eng Director, Engineering & Transportation | District of West Vancouver t: 604‐925‐7171 | westvancouver.ca

We acknowledge that we are on the traditional, ancestral and unceded territory of the Squamish Nation, Tsleil‐Waututh Nation and Musqueam Nation. We recognize and respect them as nations in this territory, as well as their historic connection to the lands and waters around us since time immemorial. This email and any files transmitted with it are considered confidential and are intended solely for the use of the individual or entity to whom they are intended. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete all copies of this email and attachment(s). Thank you. (5)////

Mahssa Beattie

s. 22(1) From: Sent: Monday, November 2, 2020 11:01 PM To: MayorandCouncil Subject: Horseshoe Bay construction causing power failures

Madam mayor and councillors, Horseshoe Bay faced today its 3rd (or was it 4th?) power failure for 10 hours or so due, again, to a large truck related to village construction taking down the power pole at the roundabout at the top of Nelson Ave. While I can understand that such an accident can happen once, I question why it would happen 3 (or 4?) times within a month or less. Isn’t it obvious by now that the corner is too tight for large trucks to access the village this way? Does the replacement power pole really have to be placed in the exact same location? Does anyone care that each time, the power failure affects all residents for an extended period — this is especially difficult for people trying to work from home at a critical time for Covid, without internet, and in some cases phone (internet phone)? The previous time we were without power overnight... Doesn’t this all seem unreal that we just keep going through the exact same scenario again and again? Please help address this issue before it happens again. I also hope that someone is paying attention that the proposed LAP plans or rebuilding much of HB Village will require a rethink of the road infrastructure and traffic flow… A quaint village isn’t equipped to accommodate oversized construction traffic.

Regards s. 22(1)