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July 6, 2009 - District of Mission

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MDISTRICT OF "006>e,„,issionON THE FRASERRegular Council Agenda<strong>July</strong> 6, <strong>2009</strong> — 6:30 p.m.Council Chambers8645 Stave Lake Street, <strong>Mission</strong>, BC1. RESOLUTION TO RESOLVE INTO COMMITTEE OF THE WHOLE2. DELEGATIONS AND PRESENTATIONS(a)(b)Kim AllanRe: 20 Years <strong>of</strong> Service with the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Mike BlampiedRe: Sidewalks and Crosswalks at Dewdney Trunk Road andCedar StreetPage 5(c) Al LaFontaineRe: Local Area Plan for Goundrey Street/York Street/NorthHätzic CorridorPage 63. PLANNING(a)(b)Rescind Zone Amending Bylaw 3850-2005-3143(229), CloseDevelopment Application Files R05-028 and S05-033 and Refund theCommunity Amenity ContributionTemporary Commercial Industrial Permit Application TP07-001 (B.Sharp Developments) — 7011, 7015, 7019, 7021, 7025 and 7027Abbott StreetPage 7Page 9(c) Development Variance Permit Application DV09-003 (Regnier) —8150 Brown Crescent(d) Development Variance Permit Application DV09-004 (Barber) —8394 McKenzie StreetPage 14Page 18(e)(f)(g)New Zoning Bylaw R09-005 (<strong>District</strong> <strong>of</strong> <strong>Mission</strong>) First and SecondReading Report*Draft bylaw distributed under separate coverOfficial Community Plan Amendments and Establishment <strong>of</strong>Hazardous Lands Development Permit AreasRevised Development Permit Guidelines for Intensive ResidentialDevelopmentPage 24Page 31Page 104(h) Rezoning Application R09-008 (Toor/McPherson) for 32966, 32978,32982 and 32988 Cherry AvenuePage 118


Regular Council Agenda<strong>July</strong> 6, <strong>2009</strong>24. FORESTRY(a) Fire Preparedness Levy Conditional Compensation Agreement Page 1265. PUBLIC SAFETY AND HEALTH(a) <strong>Mission</strong> Crime Prevention Office Program Statistics <strong>2009</strong> Page 128(b) RCMP Contract Renewal Update Page 1296. ADMINISTRATION AND FINANCE(a) Amendments to Council Agenda Structure Page 139(b) General Administration and Engineering Cost Recoveries Page 142Policy FIN.38(c) Oyama House Post Page 145(d) Proposed New Controlled Substance Property Bylaw Page 146(e) Municipal Awareness Article (Councillor Horn) Page 159(f)Community Amenities (Councillor Stevens)(g) Minutes <strong>of</strong> the Economic Development Select Committee Meeting Page 162held on May 21, <strong>2009</strong>7. ENGINEERING AND PUBLIC WORKS(a) Bylaw Amendments for Residential Metered Water Page 164(b) STR.37 — Boulevard Landscaping Policy Page 171(c) JAMES Wastewater Treatment Plant — License <strong>of</strong> Occupation Page 174for Old Outfall(d) Proposed Demolition, Land Clearing Debris and Construction Material Page 201Recovery Facility (MRF)(e) <strong>Mission</strong> Adopt-A-Block Service Page 205(f) Ministry <strong>of</strong> Energy, Mines and Petroleum Resources Referral — Page 20631322 Caswell Avenue Sand and Gravel Mine(g) Pavement Deterioration Issues Page 210(information only — previously discussed June 22, <strong>2009</strong>)(h) Minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford Transit Committee Meeting held Page 216on April 23,<strong>2009</strong>(i) Minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission Page 220Meeting held on May 14, <strong>2009</strong>8. RESOLUTION TO RISE AND REPORT9. ADOPTION OF COMMITTEE OF THE WHOLE REPORT


3Regular Council Agenda<strong>July</strong> 6, <strong>2009</strong>10. MINUTES(a) Special Council Meeting — March 16, <strong>2009</strong>(Fraser Valley Transit Strategy)(b) Special Council. Meeting — March 17, <strong>2009</strong>(Parks, Trails and Bicycle Master Plan)(c) Special Council Meeting — June 15, <strong>2009</strong>(<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Audit Results and Communications)(d) Regular Council Meeting — June 15, <strong>2009</strong>Page 225Page 227Page 229Page 23111. BUSINESS ARISING FROM THE MINUTES12. CHIEF ADMINISTRATIVE OFFICER'S REPORT13. MAYOR'S REPORT14. COUNCILLOR'S REPORTS ON COMMITTEES, BOARDS, AND ACTIVITIES15. BYLAWS(a)(b)(c)(d)<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Amending Bylaw 3850-2005- Rescind First,3143(229) (R05-028 — Toor) — a bylaw to rezone property Second and Thirdlocated at 31712 Bench Avenue from RU-1 Rural One zone to ReadingsRS-2 One Unit Suburban Residential zone<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Penitentiary Sewage Lift Catchment Area Fee AdoptionBylaw 5040-<strong>2009</strong><strong>District</strong> <strong>of</strong> <strong>Mission</strong> Municipal Ticket Information Amending Bylaw Adoption5041-<strong>2009</strong>-2646(14) — a bylaw to increase the fine amount forlawn sprinkling<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Street Naming (Kenny Avenue Extension) AdoptionBylaw 5042-<strong>2009</strong>(e)<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Refuse Collection and Disposal AmendingBylaw 5043-<strong>2009</strong>-1387(45) — a bylaw to increase the surchargefor unsecured loads and to increase the minimum charge forcustomers from outside the <strong>District</strong>Adoption(f) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Controlled Substance Property Bylaw 5044-<strong>2009</strong> — a bylaw to promote health and safety and to imposerequirements on altered or contaminated properties used as acontrolled substance propertyFirst, Second andThird Readings(g)(h)<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan Amending Bylaw5034-<strong>2009</strong>-4052(4) — a bylaw to establish hazardous landsdevelopment permit areasIn accordance with Section 882 <strong>of</strong> the Local Government Act,council has considered <strong>District</strong> <strong>of</strong> <strong>Mission</strong> <strong>of</strong>ficial community planamending bylaw 5034-<strong>2009</strong>-4052(4) in conjunction with the<strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s financial plan and waste management planFirst Reading


4Regular Council Agenda<strong>July</strong> 6, <strong>2009</strong>(i) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan Amending Bylaw5038-<strong>2009</strong>-4052(5) — a bylaw to redefine intensive residentialdevelopment permit area guidelinesIn accordance with Section 882 <strong>of</strong> the Local Government Act,council has considered <strong>District</strong> <strong>of</strong> <strong>Mission</strong> <strong>of</strong>ficial community planamending bylaw 5038-<strong>2009</strong>-4052(5) in conjunction with the<strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s financial plan and waste management plan(k) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Amending Bylaw 5046-<strong>2009</strong>-3143(330)(R09-008-Toor/McPherson) — a bylaw to rezone property at32966, 32978, 32982 and 32988 Cherry Avenue from RS-1 A OneUnit Small Lot Urban Residential zone to R1-A One Unit SmallLot Urban Residential (Suite) zone(I) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Council Procedures Amending Bylaw 5048-<strong>2009</strong>-3694(9) — a bylaw to change the order and naming <strong>of</strong>headings <strong>of</strong> council business on the council agenda(m) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Water Amending Bylaw 5049-<strong>2009</strong>-2196(17) —a bylaw to incorporate water metering provisionsFirst ReadingFirst and SecondReadingsFirst, Second andThird ReadingsFirst, Second andThird Readings(n)<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Bylaw 5050-<strong>2009</strong> — a bylaw to dividethe <strong>District</strong> <strong>of</strong> <strong>Mission</strong> into zones and to make regulations inrelation theretoFirst and SecondReadings(o) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Water Rates Amending Bylaw 5052-<strong>2009</strong>-2197(16) — a bylaw to incorporate water metering provisions(p) <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Subdivision Control Amending Bylaw 5053-<strong>2009</strong>-1500(34) — a bylaw to incorporate water metering provisions(a)<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Land Use Application Procedures and FeesAmending Bylaw 5054-<strong>2009</strong>-3612(4) — a bylaw to add an applicationfee for the "Hazardous Lands Development Permit Area"First, Second andThird ReadingsFirst, Second andThird ReadingsFirst, Second andThird Readings16. CORRESPONDENCE(a)(b)Honourable Mobina Jaffer, Senator for British ColumbiaRe: Motion in the Senate Recognizing World Malaria DayMinister Responsible for Statistics CanadaRe: Update to Census Metropolitan Area Naming ConventionPage 244Page 249(c) <strong>Mission</strong> Community ServicesRe: Additional Transit PassesPage 25017. OTHER BUSINESS(a) Release <strong>of</strong> Information from Closed CouncilPage 25518. QUESTION PERIOD19. ADJOURNMENT


6DISTRICT OF MISSIONREQUEST TO APPEAR AS A DELEGATIONDate: June 25, <strong>2009</strong>To: Dennis Clark, Director <strong>of</strong> Corporate AdministrationIN I hereby request permission to appear as a delegation before <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Mayorand Council with reference to the following topic:We would like to present our first notice <strong>of</strong> our request to initiate a Local Area Plan for the area<strong>of</strong> Goundrey Street, York Street and follow the corridor to North Hatzic. This is a unique areaboundaried by ALR on the North & the South, and presents a natural area to develop a LocalArea Plan. We would like the opportunity to inform Council <strong>of</strong> this idea, and to access City staffinput on ensuring we are following the correct process.We would also like City staff input on drawing the boundaries and ensuring any necessarystudies are taken before we submit our proposal.I understand that the deadline for submission <strong>of</strong> the request is 4:30 p.m. on the Monday preceding thedate <strong>of</strong> the meeting and that once my appearance has been confirmed, I will be allotted a maximum <strong>of</strong> 10minutes to make my presentation.Name: Al LaFontaineA 1 I <strong>of</strong>t ,••■


Memo7FILE: PRO.DEV.ZON/PRO.DEV.SUBR05-028/S05-033To: Chief Administrative OfficerFrom: PlannerDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Rescind Zone Amending Bylaw 3850-2005-3143(229), Close DevelopmentApplication Files R05-028 & S05-033 and Refund the Community AmenityContributionRecommendationThat 1 st, 2 nd and 3 rd readings <strong>of</strong> zone amending Bylaw 3850-2005-3143(229) be rescinded;That Rezoning application R05-028 and Subdivision application S05-033 be closed; andThat the $7,000 community amenity contribution be refunded.BackgroundRezoning application R05-028 and Subdivision application S05-033 are associated to theproperty located at 31712 Bench Avenue (Map 1). The applicant, Mohinder Dhaliwal, submittedthese applications on September 19, 2005. The purpose <strong>of</strong> the rezoning application was torezone the subject property from RU-1 Rural One zone to RS-2 One Unit Suburban Residentialzone to accommodate the subsequent subdivision <strong>of</strong> the subject property into 8 lots.The zone amending bylaw received 1 st and 2 nd reading on March 20, 2006, the public hearingwas held on April 24, 2006, and 3 rd reading was granted on May 15, 2006.On November 5, 2007, Council granted a 12-month extension to give the applicant some moretime to complete the outstanding rezoning requirements. On February 11, <strong>2009</strong>, a letter wassent to the applicant advising that the outstanding rezoning requirements needed to be resolvedimmediately or another extension would be required. On March 26, <strong>2009</strong>, the applicantsubmitted the community amenity contribution in the amount <strong>of</strong> $7,000. On June 2, <strong>2009</strong>,another letter was sent to the applicant advising that a written extension request and theapplicable extension fee was required; subsequently, the applicant applied and paid for a 12-month extension on June 8 th .On June 17, <strong>2009</strong>, the applicant submitted a letter requesting the development application filesbe closed. As the applicant no longer wishes to pursue the development <strong>of</strong> this property, boththe recently paid for rezoning extension and previously paid community amenity fee contributionwill be refunded.In light <strong>of</strong> this information, it is recommended that 1 st, 2 nd and 3 rd readings <strong>of</strong> zone amendingBylaw 3850-2005-3143(229) be rescinded and Rezoning application R05-028 and Subdivisionapplication S05-033 be closed.°LS\r`11. (/\11?\Marcy BondGACOMDEVTONNA-LEECOW Reports\<strong>2009</strong> Reports \R05-028 & S05-033 Rescind Bylaws, Close Files, Refund Amenity <strong>2009</strong>-07-06.docPAGE 1 OF


8R05-028S05-033 MAP 182791327631630317303178337334tan31nes)COVAIEY AVE.0342373=5 3173231740Oto0020semOSt 8 r141140 11051373640027FILE: PRO.DEV.ZONIPRO.DEV.DEPAGE 2 OF


Memo9FILE: PRO.DEV.TEM.TP07-001To: Chief Administrative OfficerFrom: PlannerDate: June 25, <strong>2009</strong>Subject: Temporary Commercial Industrial Permit Application TP07-001 (B. SharpDevelopments) — 7011, 7015, 7019, 7021, 7025 & 7027Abbott StreetRecommendation1. That Council endorse the proposed Temporary Commercial Industrial Permit TP07-001 forconsideration <strong>of</strong> a two-year term so that formal requirements as per the Local Government Act canbe pursued, and2. That following such requirements, the application be forwarded to a public input meeting andconsidered for approval on <strong>July</strong> 27, <strong>2009</strong>.ApplicationAn application has been received from B. Sharp Developments for a Temporary Permit to operate aboat storage and sales facility on the properties at 7011, 7015, 7019, 7021, 7025 and 7027 AbbottStreet located in the Waterfront area <strong>of</strong> <strong>Mission</strong> (Map 1). A site plan and artist rendering <strong>of</strong> theproposed business operation can be seen on Appendix I and II. The fenced site will be accessedthrough a gate fronting Abbott Street and the sales/security trailer will be located adjacent to thatentrance.BackgroundAs Waterfront planning continues, many land owners are left holding properties without developmentpotential or without an ability to generate income from the land. In late 2007, in an attempt to providesome development options, Council adopted Section 105.19 Temporary Commercial Industrial Permitto the Zoning Bylaw that allows properties to be utilized, on a temporary basis, and upon a Resolution<strong>of</strong> Council, while planning takes place; this is one <strong>of</strong> those applications. Permanent structures anddevelopment cannot occur until such time as comprehensive planning regarding flood constructionlevels, engineering servicing requirements and appropriate land uses can be determined. As forzoning, the subject properties are split-zoned, 7011 is zoned C-4 Waterfront Commercial zone andlots 7015 to 7027 are zoned M-1 Service Industrial zone. However, Temporary Use Permits mayallow any commercial or industrial use as specified within the Temporary Use Permit.The 0.5 acre site is level, gravelled and fenced, and sits adjacent to the Captain's Cabin Pub locatedon Harbour Avenue. The character <strong>of</strong> the neighbourhood is primarily service industrial type uses withthe exception <strong>of</strong> the Captain's Cabin Pub located to the south <strong>of</strong> the subject properties (Map 2).Planning AnalysisThe proposed development will <strong>of</strong>fer the applicant the ability earn financial return while the waterfrontplanning process continues. The proposed use will not provide for an abundance <strong>of</strong> traffic or parkingproblems and provides visual improvement <strong>of</strong> the property. The proposal provides for adequateaccess and circulation for patrons within the compound and will likely not adversely affect thecharacter <strong>of</strong> the neighbourhood or surrounding businesses. As the applicant proposes to sell andPAGE 1 OF 5


13APPENDIX I(ISOMETRIC VIEW)APPENDIX II(Aerial View)1.5 metre (5 feet)setbacks50'I' ,FILE: PRO.DEV.TEM.TP07_00 .1 PAGE 5 OF 5


14<strong>District</strong> <strong>of</strong> <strong>Mission</strong> MemoFILE: PRO.DEV.DEVDVP09-003To: Chief Administrative OfficerFrom: PlannerDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Development Variance Permit DVP09-003 (Paul Regnier) — 8150 BrownCrescentRecommendationThat Development Variance Permit Application DVP09-003, in the name <strong>of</strong> Paul Regnier,located at 8150 Brown Crescent, and legally described as:Lot 5 Section 28 Township 17 New Westminster <strong>District</strong> Plan 86629to vary Section 301.3 (Lot Area, Width at Front Lot Line, and Depth) <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Zoning Bylaw 3143-1998 on proposed Lot 2 by reducing the minimum required:■ Lot width at 6.0 meter setback from 12.0 meters (39.37 feet) to 11.74 meters (38.52feet)for a proposed two-lot subdivision located at 8150 Brown Crescent, be forwarded to Councilfor public input on <strong>July</strong> 27, <strong>2009</strong> and consideration <strong>of</strong> approval.BackgroundThe subject property is located in the outside road curvature <strong>of</strong> the intersection <strong>of</strong> BrownCrescent and Myrtle Avenue (see Map 1). The subject property is currently zoned RS-1 (OneUnit Urban Residential Zone) and has a lot area <strong>of</strong> approximately 1,729.6 square meters(18,617.26 square feet). The RS-1 zone has a minimum lot area <strong>of</strong> 558 square meters (6,006.4square feet).The applicant is proposing to subdivide the subject property into two (2) urban lots under thecurrent RS-1 zoning. Proposed Lot 1 is slated to be approximately 1110.3 square meters11,951.17 square feet), and proposed Lot 2 is slated to be approximately 619.3 square meters(6,666.09 square feet) (see Appendix 1 — Draft Plan).ProposalThe proposed variance is to reduce the lot width at the 6.0 meter setback <strong>of</strong> proposed Lot 2from 12.0 meters (39.37 feet) to 11.74 meters (38.52 feet). The difference equates to a variance<strong>of</strong> 0.26 meters (0.85 feet).Planning AnalysisThe applicant wishes to retain the existing residence, a pool, and a pool house on the proposedLot 1. Therefore, the variance would allow for a proper building envelope on proposed Lot 2,which otherwise could only be achieved by non-linear lot lines and consequently irregularlyshaped lots. This is in keeping with Official Community Plan (OCP) Policy 2.1.12 which is to"Ensure that new residential lots created through subdivision maintain regular lot lineconfigurations, wherever feasible".PAGE 1 OF 4


15SummaryStaff support the proposed variance and recommend that the application be forwarded toCo 4ncil r pu nput on ly 27, <strong>2009</strong> and consideration <strong>of</strong> approval.Ryan A de oGACOMDEV\ YAN Devel nt Files1R nier - 8150 Brown DV09-003 - COW.docFILE: PRO.DEV.DEV. PAGE 2 OF 4DVP08-001


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17Appendix 1 — Draft PlanI ADDRESS : BROYM CRESC.DRAFT PLAN OF SUBDIVISIONLOT 5 PL. 86629 OF SEC. 28 TP 17 N.W.D.RS - IMU I :11111137136135134PL. 5106745.380PL. 51400WO. M'2EX. RET !RING WALL[PROP. DRIVEWAY5.50---"""111.11111110wAr#12,Alliv0 AIONIFOtoe 11,.•,/ rfr1619.5t4r2.1301 ..33 25WALKWAYBUILDING ENVELOPEARC LENGTH LOT 2IS II.74R.VARIANCE OF 0.26mWILL BE REQUIREDTO ACCOMODATEREQUIREMENTS SET OUTIN BYLAW 301.317.07403PL. 524302PLAN PREPARED BY :WALEMCO ENGINEERING LTD.,33070 FIFTH AVE., MISSION, BC V2V IV5PH. 604-826-4054PLAN REVISED ON : JULY 19, '09PALL REGNIERS08-017FILE: PRO.DEV.DEV. PAGE 4 OF 4DVP08-001


18<strong>Mission</strong> MemoON THE FRASERFILE: PRO.DEV.DEVDI/09-004To: Chief Administrative OfficerFrom: Marcy BondDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Development Variance Permit Application DV09-004 (Barber) for 8394McKenzie StreetRecommendation1. That Development Variance Permit Application DVP09-004, in the name <strong>of</strong> (RobertBarber), to vary Section 203.6 1(c) Setbacks <strong>of</strong> <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Bylaw 3143-1998by reducing the minimum required:■ Setback to the interior side lot line from 1.5 metres (4.92 feet) to 0.90 metres (2.9feet) to allow for the construction <strong>of</strong> an attached garage with a 2" d floor addition tothe existing single family residential dwelling at 8394 McKenzie Avenue,■ be forward to Council for public input and consideration <strong>of</strong> approval on <strong>July</strong> 27, <strong>2009</strong>.Summary <strong>of</strong> ProposalAn application has been received from Robert Barber to reduce the setback to the interior sidelot line to allow for the construction <strong>of</strong> an attached garage and a 2 nd floor addition to the existingsingle family dwelling at 8394 McKenzie Street, (Map 1).The required setback to the interior side lot line is 1.5 metres (4.9 feet). The developmentvariance permit application is requesting a reduction in the setback to 0.90 metres (2.9 feet) fora portion <strong>of</strong> the attached garage and the 2 nd floor addition above the garage, (Plan 2).BackgroundThe existing dwelling has an attached carport, a portion <strong>of</strong> which does not meet the requiredsetback <strong>of</strong> 1.5 metres from the interior side lot line (Plan 1). The rear portion <strong>of</strong> the carportmeets the 1.5 metre setback. The <strong>District</strong> has no record <strong>of</strong> a building permit for the carport.The owner's original proposal was to enclose the carport and construct a 2 nd floor addition overthe carport, as well as complete the 2" d floor addition along the length <strong>of</strong> the house (Plan 2).However, the existing carport is not structurally able to support a 2" d floor addition.Analysis <strong>of</strong> ProposalDue to the structural inability <strong>of</strong> the carport to support the second floor addition the owner is nowproposing to remove the carport, construct an attached garage with a 2 nd floor and extend the2nd floor the full length <strong>of</strong> the house (Plan 3).The garage and 2 nd floor addition will be constructed in the same location as the existingcarport. A portion <strong>of</strong> the attached garage and 2 nd floor will be 0.9 metres (2.9 feet), (Plan 2)from the interior side lot line at the front <strong>of</strong> the building, and will meet the required 1.5 metresetback at the rear <strong>of</strong> the garage.Floodplain Bylaw RequirementsThe subject property is located in the Fraser River Floodplain. Because the existing elevation <strong>of</strong>the property is 4.57 metres Geodetic Survey <strong>of</strong> Canada, elevating the property to the requiredPAGE 1 OF 7


19Flood Construction Level <strong>of</strong> 10.0 metres Geodetic Survey <strong>of</strong> Canada would be impractical. TheFloodplain Bylaw allows new construction to be 2.5 metres above existing grade, on a preexistinglot. A save harmless section 219 covenant is also required, acknowledging that thenew construction is in the floodplain and the construction is not being constructed to the fullflood construction level.Thus, the new 2 nd floor, along the entire length <strong>of</strong> the house, will be a minimum <strong>of</strong> 2.5 metresabove surrounding grade.A garage is exempt from meeting the flood construction requirement, provided the garage floorslab is at a minimum <strong>of</strong> 5.2 metres Geodetic Survey <strong>of</strong> Canada, for which the proposed garagemeets this elevation requirement.Development Variance Permit Application DV09-004The applicant's rationale for requesting this variance is that the new garage and 2 nd floor will notencroach further into the existing non-conforming setback (Plan 1 and 2).Due to site constraints, including the location <strong>of</strong> the new holding tank, the existing dwelling andthe lot configuration, there are no other options for locating the garage so that the 1.5 metresetback can be achieved.Thus, staff supports the proposed variance as the are no other options available for locating thegarage and there will be no further encroachment into the setback that currently exists.Staff recommends that the development variance permit proceed to public input meeting on <strong>July</strong>27, <strong>2009</strong> and be considered for approval at that meeting.Marcy BondSCIY4GACOMDEV\MARCY\APPLICATIONE\DEVELOPMENT VARIANCE PERMITS \<strong>2009</strong>\ DV09 XXCOW REPORT ROB BARBER.DOCFILE:PRO.DEV.DEV PAGE 2 OF 7DV09-00=


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Memo24FILE: PRO.DEV.ZONR09-005To: Chief Administrative OfficerFrom: Deputy Director <strong>of</strong> PlanningDate: <strong>July</strong> 6, <strong>2009</strong>Subject: New Zoning Bylaw R09-005 (<strong>District</strong> <strong>of</strong> <strong>Mission</strong>) First and Second Reading ReportRecommendation1. That the Director <strong>of</strong> Corporate Administration prepares a new bylaw for <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Zoning Bylaw 5050-<strong>2009</strong> and that the above bylaw be considered for first and second readingat the Regular Council meeting on <strong>July</strong> 6, <strong>2009</strong>; and2. That upon due consideration <strong>of</strong> Section 52 <strong>of</strong> the Transportation Act, consultation referrals g<strong>of</strong>orward to the Ministry <strong>of</strong> Transportation and Infrastructure for consideration and approval; and3. That following such readings, the bylaw be forwarded to a Public Input at the Leisure Centrecommencing the week <strong>of</strong> <strong>July</strong> 20-24, <strong>2009</strong>; and4. That the bylaw be forwarded to a Public Hearing to commence on August 24, <strong>2009</strong>.IntroductionThe current <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Bylaw was established in 1998 and has evolved over the pasteleven years into the document we see today. Many <strong>of</strong> the zoning regulations have evolved fromprevious iterations <strong>of</strong> the BylawThe vision for the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, as presented within the <strong>District</strong>'s Official Community Plan, is asfollows:"<strong>Mission</strong> is a healthy community that has a balance <strong>of</strong> residential, commercial, and industrialland uses, amongst an abundance <strong>of</strong> parkland and natural open space. It is known as acommunity-oriented, affordable, and safe community. <strong>Mission</strong> has a mix <strong>of</strong> housing types,<strong>of</strong>fering choices to people <strong>of</strong> all incomes, lifestyles, and age groups. Community neighbourhoodsreflect principles <strong>of</strong> sustainable development. The downtown is a vibrant place with a distinctidentity that attracts residents and visitors in search <strong>of</strong> unique shopping and living experiences.The number <strong>of</strong> local industries and jobs has increased over the years to allow more residents tolive and work in <strong>Mission</strong>. Natural and cultural resources provide recreation and tourismopportunities that have contributed to the attractive quality <strong>of</strong> life and the strong local economy".<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan, 2008The new Zoning Bylaw is reflective <strong>of</strong> the vision and Policies outlined within the OfficialCommunity Plan and is the implementation tool under Section 903 <strong>of</strong> the Local Government Actin which a local government may realize the vision with "on the ground" regulations.This report introduces the proposed Bylaw for Council consideration and outlines the processtaken to date and future processes, what the new zones are and their current companion zone,and the improvements proposed for the Bylaw.PAGE 1 OF 7


25ProcessA new Zoning Bylaw, which is arguably one <strong>of</strong> the most important regulatory documents a municipalityhas, must be sensitive to different factions <strong>of</strong> the public, including but not limited to privatelandowners, the development community, the local realtors, the business community and the nonpr<strong>of</strong>itsector.To this end, the Zoning Bylaw implements the public vision reflected in Official Community Planpolicies. In addition, meetings with the public have occurred such as a realtor and developer meetingheld in March <strong>of</strong> <strong>2009</strong>. Additionally, once the Bylaw has received 1 st and 2nd reading, a PublicInput/Open House will provide opportunity for the general public to comment on the Bylaw prior to aformal Public Hearing.Furthermore, numerous in-house consultations have occurred with various departments to garnerfeedback and advice as to which areas <strong>of</strong> the Bylaw needed amending.ConversionWhen introducing a new Zoning Bylaw, there is a steep learning curve while referencing the newzones and the nomenclature associated with those zones. A Zone Conversion Guide is attached asAppendix 1 to provide a guide to users indicating the new zones and the previous zones.Bylaw ImprovementsThe following is a brief description <strong>of</strong> the regulatory improvements to the new Zoning Bylaw andhighlights the rationale for the changes.1. Re-organization to link the Official Community Plan to the Zoning BylawThe new Zoning Bylaw has implicit linkages to the newly adopted Official Community Plan whichis designed to make land use decisions easier and provide clarity for both the public and Councilas to what specific zones will complement OCP land use designations.A specific example is highlighted in the Table below:OCP Designation New Zone Previous Zone:Urban Residential Urban Residential 558 Zone One Unit Urban Residential Zone(R558)(RS-1)The new R558 Zone represents an urban residential single family dwelling zone with a minimumparcel size <strong>of</strong> 558 square meters (6006 square feet). Intuitively, the reader knows exactly thedensity <strong>of</strong> the target zone.2. Expanded Definitions SectionThe new Zoning Bylaw attempts to add clarity to many <strong>of</strong> the definitions found within the bylawand to this end, an expanded definitions section is included. Some <strong>of</strong> the highlights <strong>of</strong>improvements made to this section include:1) Division <strong>of</strong> Uses - where many uses were clustered into a single definition, the newBylaw attempts to separate uses and categorize each use which will make findingspecific uses easier. The logic for this change is to assist in finding properties where aspecific use may be allowed.FILE: PRO.DEV.ZON PAGE 2 OF 7R09-005


262) New and Improved Definitions - included within the Bylaw are new and improveddefinitions to add clarity to the Bylaw. Included are:i. Buildable Areaii.iii.iv.Coach HouseDensityFloor Space Ratiov. Garden Cottagevi.vii.viii.GradeHeightUndevelopable Areaix. Urban Agriculture3. Clarity <strong>of</strong> RegulationsOne <strong>of</strong> the main improvements to the new Zoning Bylaw is to increase the ease <strong>of</strong> use for the enduser through improvements to the front end <strong>of</strong> the Bylaw; namely Section 103 through to Section111Some <strong>of</strong> the highlights <strong>of</strong> these sections are outlined below:1) Section 104 - General Regulationsi. Part B. Lot Area, Width and Frontage - new diagramsii.iii.iv.Part C. Vision Clearance at Intersections - new regulations and diagramsPart H. Accessory Building and Structure Regulations - exemptions forbuildings and structures not requiring an Building PermitPart J. Panhandle Lots - the area <strong>of</strong> the panhandle will no longer be calculatedwithin the minimum parcel size and corner truncations, at the "base" end <strong>of</strong>the panhandle, will be limited.2) Section 106 - Use Regulationsi. Part C. Uses Prohibited - added to this section include shipping containers,drive thru restaurants, flop houses, and barge loading.ii.Part D. Use Categories - a new section to identify uses and their associatedcategory along with identifying a zone where a specific use is permitted.iii. Part F. Secondary Dwelling Units - another new section in the Bylaw identifiesthe regulations common to all secondary dwelling units which include coachhouses, garden cottages, secondary family dwellings, and secondary suites.3) Section 107 - Home Occupationsi. This is a new section that highlights Home Occupations within the bylaw itselfto encourage more home occupation uses.ii.Part A. General Regulations paragraph i. - expanded retail opportunities nowexisting for all Home Occupations.FILE: PRO.DEV.ZON PAGE 3 OF 7R09-005


27iii. Part E. Bed and Breakfast Operations - a clear and separate section for Bedand Breakfast operations now exist with less prohibitive parking regulations.4) Section 108 - Environmental Protectioni. Added to this section <strong>of</strong> the Bylaw are diagrams and tables to clearly identifyintent and application <strong>of</strong> the Section.5) Section 109 - Off Street Parking Regulationsi. Expansion <strong>of</strong> restrictions for heavy and large truck parking to the Suburbanareas.6) Section 111 - Fencing, Retaining, Landscaping, Bufferingi. Part A. Fencing - new regulations in regards to fence height to reflectaccuracy in retail fencing panels and height regulations on front yards andside yards flanking a street.ii.Part B. Walls - new regulations and diagrams for on-lot retaining walls andstructures.iii. Part C. Landscaping - a new section for landscaping requirements have beenadded to the Bylaw to clearly outline the intent and regulations forlandscaping, maintenance, screening security deposits and buffering.a. Paragraph 1 - Property owners will be required, by bylaw, to maintainlandscaping to the edge <strong>of</strong> the road.4. Specific Zoning Improvement HighlightsWhile working through a Zoning Bylaw, it is important to easily reference specific zones. In thisregard, the new Bylaw groups each section according to OCP designation and clearly identifiesuses allowed in each zone. Some <strong>of</strong> the highlighted improvements identified in Chapters 2through 13 include:1) Secondary Dwelling Zoning2) Section 201 to 202 - Rural Zonesa. Secondary Family Dwelling continues to be an allowable use in all Rural zones3) Section 301 to 302 - Rural Residential Zonesa. A reduction in minimum lot sizes from 0.8 ha (1.98 ac) to 0.7ha (1.73 ac) to:i. allow greater flexibility for development, andii.<strong>of</strong>fset the change in regulations to lot area calculation for panhandles t<strong>of</strong>acilitate future road construction.4) Section 401 to 402 - Suburban Zonesa. All suburban development must be serviceable by municipal water.5) Section 500 to 600 inclusive:a. Undevelopable areas are no longer to be permitted in the minimum lot areacalculation.b. Front yard setbacks may be reduced to 4.0m (13.1 ft) provided the garage issetback 6.0m (19.7 ft) to provide a varied streetscape.ALE: PF?O.DEV.ZON PAGE 4 OF -R09-00E


28c. The maximum allowable floor space for the second storey <strong>of</strong> a single familydwelling shall be limited to 80% <strong>of</strong> the floor space <strong>of</strong> the first storey to promote:i. non-basement entry homes;ii.iii.iv.front porches;recessed garages; andspatial separation <strong>of</strong> dwellings to enhance view corridors.d. Limiting the maximum allowable access to an individual lot to 5.0m (16.4 ft) topromote landscaping and separation between lots.6) Section 501 to 502 Urban Residential Zonesa. Side yard setbacks will be a combined 4.5m (14.7 ft) which may beaccomplished by 1.5m + 3.0m (4.9 ft + 9.8 ft) side yard setbacks.7) Section 601 - Residential Compact Zonesa. Adding a 280 square meter (3014 square foot) option for residential compactlots with lane access.8) Section 602 - Residential Multiple Unit Zonesa. Allowing all RT465 (previous RT-1) zones a secondary dwelling unit withoutrezoning; however, a development permit shall be required for a garden cottageor a coach house.9) Section 701 to 703 Multiple Family Zonesa. Allowing a child care centre as a permitted use within the amenity building.10)Section 701 - Multiple family Townhouse Zonesa. Addition <strong>of</strong> a new MT79 to allow for high density ground oriented townhouseunits that are intended to simulate an urban row house.11)Section 702 - Multiple Family Row-House Zonea. This is a new zone where higher density developments can occur on fee simplelots.12) Mixed Use Zones - The new Bylaw allows for greater flexibility for commercially zonedproperties that will allow for a residential component as part <strong>of</strong> the development. Mostsignificantly, the following zones will now allow for this provision:a. Commercial Neighbourhood Centre One (CNC1)b. Commercial Highway One Zone (CH1)13) Section 1002 Industrial Business Park One Zonea. Given comments by Council at various Committee <strong>of</strong> the Whole meetings duringDevelopment Permit Applications and by Council and the Employment LandStrategy Meeting, the minimum lot coverage has increased from 25% to 33%.14) Institutional Zonesa. With a change in the legislation where municipalities can no longer distinguishbetween public and private run facilities or businesses, a change needed tooccur in the new Zoning Bylaw. To this end, the bylaw reflects a separation <strong>of</strong>institutional uses to include zones catering to:FILE: PRO.DEV.Z0A PAGE 5 OF 7R09-00E


29i. Educationii.iii.iv.CareAssemblyParks Recreation and Civicv. Residential Campb. Additionally, where it has not been common practice to zone parks within the<strong>District</strong>, the new Bylaw makes this a reality.SummaryThe Zoning Bylaw that a municipality adopts is the implementation tool that regulates land use. In thisregard, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s proposed Zoning Bylaw reflects and encourages the innovation andforesight that the new Official Community Plan envisioned.Because this Bylaw is a complete re-write and contains new and innovative regulations, minoramendments may come forward for Council's consideration as each zone is "ground truthed" in<strong>Mission</strong>.Moving forward, Council, staff, and the public can be confident that this proposed Bylaw reflects the"vision" that Council adopted as part <strong>of</strong> the Official Community Plan in 2008.Staff recommend that Zoning Bylaw 5050-<strong>2009</strong> be considered for first and second reading at theRegular Council meeting on <strong>July</strong> 6, <strong>2009</strong> and that following such readings, the bylaw be forwarded toPublic Input at the Leisure Centre for the week <strong>of</strong> <strong>July</strong> 20-24 th , <strong>2009</strong> and then be forwarded to PublicHearing on August 24, <strong>2009</strong>Barclay D. Pitkethly, MCIPDeputy Director <strong>of</strong> Planninga \COMDEV\BARCLAY\CoW Reports\Zoning tst and 2nd Reading.docFILE: PRO.DEV.ZON PAGE 6 OF 7R09-005


30Zone ConversionGuideRuralMultiple FamilyIndustrialCurrent Zone Proposed Zone Current Zone Proposed Zone Current Zone Proposed ZoneRU-3 RU80 RM-2 MT30 M-4 I NRRU-2 RU36 RM-2A MT40 M-5 INRPRU-1 RU16 RM-3 MT52 M-10 INBP1RU-3A RU8Os N/A MT79 M-8 INL1RU-2A RU36s N/A MR52 M-2 INGRU-1A RU16s RM-5 MA52 M-1 INGCRM-4 MA80 M-3A INARSuburbanN/AMA135Current Zone Proposed Zone RH-1MMPRS-2S36R-2 S36s CommercialIECurrent Zone Proposed ZoneICRural ResidentialC-14 CR ITCurrent Zone Proposed Zone N/A CRL IPRCRS-2A RR7 C-1 CL1 1-5RS-3 RR7 C-2 CNC1R-2A RR7s C-5 CH1R-3 RR7s C-5A CCGC-5BCCSUrban ResidentialC-5CCVDCurrent Zone Proposed Zone C-6 CPHRS-1B R930 C-7 CMCR-1 B R930s C-8 CTRS-1 D R669 C-9 CORR-1D R669s C-11 CNRS-1R558R-1 R558sCore CommercialRS-1CR465Proposed Zone Current ZoneR-1C R465s CCD1 C-3CCD1C-3ACompact Residential C-12 CCRCurrent Zone Proposed Zone C-4 CCWRS-1ARC465RS-1 E; RS1 F RC372RC280RC280R-1ARC465sResidential Multiple UnitCurrent Zone Proposed ZoneRT-1RT465RT-2RB558InstitutionalCurrent Zone Proposed ZonePAGE 7 OF 7


Distreht Memo31FILE: PRO.DEV.ZONR09-006To: Chief Administrative OfficerFrom: PlannerDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Official Community Plan Amendments and Establishment <strong>of</strong> HazardousLands Development Permit AreasRecommendation1. The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend Official Community PlanBylaw 4052-2008 Part II: Policies Section 1.5 on Development in the Floodplain to includethe following policy changes as shown on Appendix 1, attached to a report from thePlanner dated <strong>July</strong> 6, <strong>2009</strong>.2. The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend Official Community PlanBylaw 4052-2008 Part II: Policies Section 1.6 Development on Hazard Lands to include thefollowing policy changes as shown on Appendix 2, attached to a report from the Plannerdated <strong>July</strong> 6, <strong>2009</strong>.3. The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend Official Community PlanBylaw 4052-2008 by including Fraser River Development Permit Area as shown onAppendix 3, attached to a report from the Planner dated <strong>July</strong> 6, <strong>2009</strong>.4. The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend Official Community PlanBylaw 4052-2008 by including Geotechnical Hazards Development Permit Area as shownon Appendix 4, attached to a report from the Planner dated <strong>July</strong> 6, <strong>2009</strong>.5. The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend the Official CommunityPlan Bylaw 4052-2008 by including Official Community Plan Map 5a Fraser RiverDevelopment Permit Areas as shown on Appendix 8.The bylaws be given 1 st reading at the Regular Council meeting on <strong>July</strong> 6, <strong>2009</strong> andforwarded to public hearing on August 24, <strong>2009</strong>.6 The Director <strong>of</strong> Corporate Administration prepare a bylaw to amend <strong>District</strong> <strong>of</strong> <strong>Mission</strong> LandUse Application Procedures and Fees Bylaw 3612-2003 — Schedule "A" by adding thefollowing items:"Hazardous Lands Development Permit Area $300.00"The bylaws be given 1s t, 2 nd and 3rd reading at the Regular Council meeting on <strong>July</strong> 6, <strong>2009</strong>.7. That upon due consideration <strong>of</strong> Sections 879 and 881 <strong>of</strong> the Local Government Act,consultation referrals go forward to:• Fraser Valley Regional <strong>District</strong>,• <strong>District</strong> <strong>of</strong> Maple Ridge,• City <strong>of</strong> Abbotsford,• School <strong>District</strong> No. 75,• Canadian Pacific Railway,• Ministry <strong>of</strong> Transportation,• Department <strong>of</strong> Fisheries & Oceans,PAGE 1 OF 7:


32• Land Reserve Commission,• Fraser Health Region,• Ministry <strong>of</strong> Water, Land, and Air Protection• First Nations, including:Kwantlen,Matsqui,Sto:lo andSumas.8. That in accordance with Section 882 <strong>of</strong> the Local Government Act, Council has considered<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan amending bylaws in conjunction with the <strong>District</strong><strong>of</strong> <strong>Mission</strong>'s Financial Plan (includes Capital Expenditure Plan and Operating ExpenditurePlan) and Waste Management PlanProposalTo amend Official Community Plan Bylaw 4052-2008 by introducing policies and HazardousLands Development Permit Areas pursuant to Section 919(1)(b) <strong>of</strong> the Local Government Act.Specifically, this report will examine:1. Background - Implementation <strong>of</strong> Hazardous Land Development Permit Areas2. Official Community Plan: Policy Amendments3. Official Community Plan: Hazardous Lands Development Permit Areasi) Fraser River Development Permit Areaii) Geotechnical Hazards Development Permit Area4. Application Fee: Hazardous Land Development Permit.5. Section 879 and 881 Local Government Act6. Section 882 Local Government Act7. Summary.The purpose <strong>of</strong> the new Policies and Development Permit Areas are ensure a comprehensiveand consistent approach to address development on potentially hazardous lands to limit risk tothe <strong>District</strong> <strong>of</strong> <strong>Mission</strong> by:1. Setting thresholds for development based on the Hazard Acceptability Thresholds paper;2. Clearly outlining the expectations for geotechnical reports3. Require confirmation that the reports are being done in accordance with Association <strong>of</strong>Pr<strong>of</strong>essional Engineers and Geoscientists Guidelines.1. BackgroundCurrently, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> only provides a brief outline <strong>of</strong> the requirements for reportssubmitted by Pr<strong>of</strong>essional Engineers when addressing development on hazardous lands. Thechallenge this presents is that the Engineers, clients and staff are unsure <strong>of</strong> the level <strong>of</strong> detailand information required to address development on potentially hazardous lands and the "level<strong>of</strong> safety" considered acceptable to permit development. The Association <strong>of</strong> Pr<strong>of</strong>essionalEngineers and Geoscientists have developed guidelines (herein after referred to as "theGuidelines") for geotechnical reports to provide the technical analysis and outline the factorsthat must be considered for a comprehensive landslide assessment report. However, a keyelement that remains unaddressed in "the Guidelines" is the level <strong>of</strong> safety the QualifiedPr<strong>of</strong>essional should be measuring the proposed development against. Thus, "the Guidelines"PAGE 2 OF 73


33will be supplemented by levels <strong>of</strong> safety established within new Development Permit AreaGuidelines.As Council is aware, significant weather events in the past few years have resulted in potentialflooding from the Fraser River, and landslides in the Chilliwack River Valley (Fraser ValleyRegional <strong>District</strong>), the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, and the <strong>District</strong> <strong>of</strong> North Vancouver.In 2006 the Association <strong>of</strong> Pr<strong>of</strong>essional Engineers and Geoscientists developed "Guidelines forLegislated Landslide Assessments for Proposed Residential Development in British Columbia,May 2006" and revised them in 2008 to include seismic stability. With the establishment <strong>of</strong> "theGuidelines" (2008) and the landslide/debris flow events in <strong>Mission</strong> over the past years, staffrecommends that a comprehensive approach be developed to address different types <strong>of</strong>hazards that may affect development.The establishment <strong>of</strong> a comprehensive approach to address hazardous lands is best achievedwith the introduction <strong>of</strong> policies and development permit areas in the Official Community Plan,pursuant to Section 919(b) "protection <strong>of</strong> development from hazardous conditions" <strong>of</strong> the LocalGovernment Act. New policies will be introduced in the Official Community Plan and two (2)new Development Permit Areas will be created; i) Fraser River Development Permit Area andii) Geotechnical Hazards Development Permit Area.In 2008, the <strong>District</strong> adopted the Floodplain Management Bylaw to address hazards fromflooding. The Fraser River Development Permit Area will supplement the requirements in theFloodplain Management Bylaw by providing information on the requirements for the reportssubmitted by the pr<strong>of</strong>essional engineer.2. Official Community Plan: Policy AmendmentsThe purpose <strong>of</strong> amending the Official Community Plan is to develop comprehensive andconsistent policies to address potentially hazardous lands within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>.The policy sections in the Official Community Plan to be amended include, Part II: PoliciesSection 1.5 DEVELOPMENT IN THE FLOODPLAIN described in Appendix 1 and Part IIPolicies Section 1.6 DEVELOPMENT ON HAZARDOUS LANDS described in Appendix 2.3. Official Community Plan: Hazardous Lands Development Permit AreasIntroducing the Fraser River Development Permit Area and the Geotechnical HazardsDevelopment Permit Area will allow for a comprehensive and consistent approach to addressdevelopment on potentially hazardous lands; thereby reducing risk and ensuring developmenthas met strict criteria on whether it is "safe for the use intended".The development permit area guidelines include intent, objectives, guidelines and exemptions.The Fraser River Development Permit Area is described in Appendix 3 and the GeotechnicalHazards Development Permit Area is described in Appendix 4. The Development PermitAreas will also include three documents that provide the foundation for ensuring developmenton potentially hazardous lands is addressed in a comprehensive manner. These documents willguide Engineers, their clients and <strong>District</strong> staff to ensure that engineer's reports proposingdevelopment on potentially hazardous lands are being prepared in a clear, comprehensive andrationale manner. These three documents include:i) The Guidelines for Legislated Landslide Assessments for ProposedResidential Development in British Columbia, May 2008 (Appendix 5).ii)Hazard Acceptability Thresholds for Development Approvals by LocalGovernment (Appendix 6) and,iii) Assistance to Developers and Building Permit Applicants UndertakingGeotechnical Studies (Appendix 7).PAGE 3 OF 73


34i) The Guidelines for Legislated Landslide Assessments for Proposed ResidentialDevelopment in British Columbia, May 2008.At the time <strong>of</strong> the tragic landslide in North Vancouver there were no Provincially establishedguidelines for the content <strong>of</strong> geotechnical reports. As a result <strong>of</strong> this event, and others in thelower mainland, as well as the <strong>of</strong>ten flawed and inconsistent geotechnical reports that werebeing submitted province wide, the Association <strong>of</strong> Pr<strong>of</strong>essional Engineers and Geoscientistconsidered it necessary to establish guidelines, providing clear criteria for Engineers, theirclients and approving jurisdictions when considering development in areas subject to landslidehazards. Thus, in 2006 the Association approved "the Guidelines" and revised them in May2008 to include seismic stability.Content requirements for reportsThe Association <strong>of</strong> Pr<strong>of</strong>essional Engineers and Geoscientists Guidelines requires that anylandslide assessment reports submitted to the Approving Jurisdiction, by the QualifiedPr<strong>of</strong>essional meet "the Guidelines" and include the submission <strong>of</strong> Appendix D-LandslideAssessment Assurance Statement (from "the Guidelines"). The purpose <strong>of</strong> Appendix "D" is toensure the Engineer has prepared the report in accordance with "the Guidelines". Appendix"D" is not required for geotechnical reports that do not involve a landslide hazard component,such as Fraser River Flooding Hazard.Purpose <strong>of</strong> "the Guidelines"The purpose <strong>of</strong> "the Guidelines", (Appendix 5) is two fold:• Provide guidelines <strong>of</strong> pr<strong>of</strong>essional practice for a Pr<strong>of</strong>essional Engineer andPr<strong>of</strong>essional Geoscientist who carry out a landslide analysis for a proposedresidential development.• Provide guidance to the pr<strong>of</strong>essional as to how to relate the results <strong>of</strong> the analysis toa level <strong>of</strong> landslide safety for residential development when required by provinciallegislation (i.e. Community Charter, Local Government Act, and Land Title Act.)"The Guidelines" provide an industry standard for all landslide assessment reports in BritishColumbia. The intent is not to advise the Qualified Pr<strong>of</strong>essional on how to a conduct a landslideassessment; only to outline the factors that must be considered for a comprehensive landslideassessment report. These guidelines basically serve as a "Terms <strong>of</strong> Reference" for the qualifiedpr<strong>of</strong>essional.ii) Hazard Acceptability Thresholds for Development Approvals by LocalGovernmentThe Hazard Acceptability Thresholds, paper was prepared by Dr. Peter Cave, former Director <strong>of</strong>Planning at the Fraser-Cheam Regional <strong>District</strong>, (now Fraser Valley Regional <strong>District</strong>). Thepaper provides an overview <strong>of</strong> different types <strong>of</strong> geological hazards, and the damage that thesehazards can inflict on properties. The document establishes acceptable levels <strong>of</strong> safety fordevelopment, depending on the type <strong>of</strong> development. For example, a property with a probability<strong>of</strong> a landslide hazard <strong>of</strong> 1:200 may be allowed to rebuild or repair an aging structure; however,further subdivision would not be permitted (see Appendix 6, p. 15, Fig. 7 and p. 11, Fig. 2).The reasoning for the adoption <strong>of</strong> levels <strong>of</strong> safety for the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> is that theEngineering Association <strong>of</strong> BC maintains that Qualified Pr<strong>of</strong>essionals should not write landslideassessment reports stating development is "safe for the use intended" if the local governmentPAGE 4 OF 73


35has not adopted criteria for levels <strong>of</strong> safety that the proposed development can be measuredagainst."The Guidelines" state:"to complete a landslide assessment, the Qualified Pr<strong>of</strong>essionalmust compare the results <strong>of</strong> the landslide analysis with a level <strong>of</strong>landslide safety. Ideally, the level <strong>of</strong> safety used for comparisonshould be a defined level <strong>of</strong> landslide safety that has beenadopted by the approving jurisdiction".If the level <strong>of</strong> safety is not compared against a level adopted by an approving jurisdiction thenthe question arises as to how the Qualified Pr<strong>of</strong>essional can reasonably determine that theproposed development is safe for the use intended.As Provincial legislation requires development be deemed "safe for the use intended" prior toapproval by a local government, it only seems reasonable that the approving jurisdiction providethe Qualified Pr<strong>of</strong>essional with a policy on levels <strong>of</strong> safety and assistance with the criteria foracceptable geotechnical reports.Therefore, incorporation <strong>of</strong> the Hazard Acceptability Thresholds into the Hazardous LandsDevelopment Permit Areas allows for the establishment <strong>of</strong> clear criteria regarding acceptablelevels <strong>of</strong> safety, giving the Qualified Pr<strong>of</strong>essional the ability to write a report stating that the landis safe for the use intended. As p. 23 <strong>of</strong> the Guidelines state:"When preparing landslide assessment report for jurisdictionsthat have adopted a defined level <strong>of</strong> landslide safety, theQualified Pr<strong>of</strong>essional should refer to that level, and followjurisdictional guidelines for carrying out landslide assessments."However, the recommendations <strong>of</strong> the Engineering Association when levels <strong>of</strong> landslidesafety have not been adopted by an approving jurisdiction are as follows."where approving jurisdictions have not adopted defined levels <strong>of</strong>landslide safety, the Qualified Pr<strong>of</strong>essional should follow theappropriate jurisdictional guidelines for carrying out a landslideassessment, but whenever, possible he/she should avoid use <strong>of</strong>statements such as "certify that the land maybe use safely forthe use intended" or "that development may safely occur" p. 23APEG BC Guidelines.Although the Hazard Acceptability Thresholds, paper was developed for the Fraser ValleyRegional <strong>District</strong>, it is a document that is widely accepted by the Association <strong>of</strong> Pr<strong>of</strong>essionalEngineers and Geoscientists and a variety <strong>of</strong> Engineering Companies throughout BC, as beinga good standard for development approvals.Establishing levels <strong>of</strong> safety ensures that all development is measured against the same criteria.For example, all Qualified Pr<strong>of</strong>essionals must be able to prove that a new building meets a level<strong>of</strong> safety <strong>of</strong> 1:200, for small scale localized landslip. Or, that with the mitigative works proposedthe Qualified Pr<strong>of</strong>essional is able to reduce the potential hazard risk to 1:200. Theestablishment <strong>of</strong> "levels <strong>of</strong> safety" by the <strong>District</strong> removes the ambiguity <strong>of</strong> the "level <strong>of</strong> safety"that is considered "safe for the use intended".PAGE 5 OF 73


36At present only two jurisdictions have adopted levels <strong>of</strong> safety; Fraser Fort George Regional<strong>District</strong> who implemented their "levels <strong>of</strong> safety" in 1999 and Fraser Valley Regional <strong>District</strong>implemented the Hazard Acceptability Thresholds criteria 17 years ago. The <strong>District</strong> <strong>of</strong> NorthVancouver is in the process <strong>of</strong> adopting similar policies as a result <strong>of</strong> the devastating landslidein January 2005.According to Association <strong>of</strong> Pr<strong>of</strong>essional Engineers and Geoscientists:"It is not the role <strong>of</strong> the Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essionalGeoscientist to define such levels <strong>of</strong> safety; they must beestablished and adopted by the local government or provincialgovernment after considering a range <strong>of</strong> societal values" p.4The Hazard Acceptability Thresholds paper supplements "the Guidelines" with levels <strong>of</strong> safetyfor various types <strong>of</strong> hazards and development.iii) Assistance to Developers and Building Permit Applicants undertakingGeotechnical StudiesThe third document required to complete the Development Permit Guidelines is the Assistanceto Developers and Building Permit Applicants undertaking. Geotechnical Studies (Appendix 7).This document is a detailed list <strong>of</strong> the questions that a Qualified Pr<strong>of</strong>essional must addresswhen preparing a report within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>.This document enables a Qualified Pr<strong>of</strong>essional to provide comprehensive reports and staff toreview those reports against a specific set <strong>of</strong> criteria, to ensure the report is comprehensive andaddresses all potential hazard issues. The <strong>District</strong> <strong>of</strong> North Vancouver, the Corporation <strong>of</strong>Delta, as well as the Fraser Valley Regional <strong>District</strong> all have similar lists <strong>of</strong> criteria which requirethe geotechnical report be acceptable to the approving jurisdiction, prior to issuing developmentapprovals.The Municipal Insurance Association promotes the development <strong>of</strong> comprehensive geotechnicalreports. In 2002 the Municipal Insurance Association sponsored a paper entitled "Guidelines forPlanners, Approving Officers and Building Inspectors for Landslide-Prone Areas in BritishColumbia" written by Nigel Skermer, P.Eng. The paper outlines the criteria that eachgeotechnical report should address, including: description <strong>of</strong> the land, history <strong>of</strong> the property,description <strong>of</strong> the solid and rock conditions, surrounding influences, and that the reports shouldpresent hazards, consequences and risks in a clear manner. The paper goes on to say that:"If you as the regulator feel the report submitted to you by anowner is inadequate, MIA recommends that you either reject thereport, ask for clarification and expansion, or call for a secondopinion carried out independently on your behalf. Alternatively,the report may conflict with other reports which you have on theimmediate area, or it may seriously contradict overview hazardassessments. p.8 "Including the Assistance to Developers paper in the Development Permit Area Guidelines, willassist staff in determining if the geotechnical report has been prepared in a thorough, logicaland rational manner; allowing a lay person to follow the report, understand therecommendations and conclusions, and determine if the recommendations were achieved usingsound scientific methodology.PAGE 6 OF 73


37Summary: Hazardous Land Development Permit AreasThe intent <strong>of</strong> incorporating these three documents into the Hazardous Lands DevelopmentPermit Areas is not to question the recommendations <strong>of</strong> the reports submitted from QualifiedPr<strong>of</strong>essionals, but to provide the Qualified Pr<strong>of</strong>essional with the requirements for preparingcomprehensive reports. As well to ensure the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> has a consistent approach toissuing approvals in areas that may be subject to potential hazards.Although there may be some reluctance for staff to undertake the role <strong>of</strong> reviewing geotechnicalreports from a legal perspective, the Association <strong>of</strong> Pr<strong>of</strong>essional Engineers and Geoscientists,and the Municipal Insurance Association <strong>of</strong> British Columbia, as well as case law consider thatthe approving jurisdiction has a responsibility to ensure the reports meet some basic criteria.The benefit <strong>of</strong> Hazardous Lands Development Permit Area Guidelines are:• consistent procedures for addressing and approving development on potentially.hazardous lands,• specific requirements for hazard reports,• removal <strong>of</strong> ambiguity in the report context and,• reduced delays in the approval by the Approving Officer provided completedhazard lands reports are submitted.Although staff does not believe that there will be disadvantages arising from the introduction <strong>of</strong>these Development Permit Area Guidelines, developers may perceive the following:• increase fees for Hazardous Lands Development Permits.;• higher standards for development approvals and;• increase costs for the client as more detailed reporting is required.Establishing clear, comprehensive polices that are applied uniformly throughout the <strong>District</strong>, willensure approvals on potential hazardous lands are approved in a consistent manner.4. Application Fee for Hazardous Lands Development Permit AreasAlthough approval <strong>of</strong> the Hazardous Lands Development Permit Areas may not involve Council,as proposed, there is work for the Planning and Building Department Staff. This work includesreading the geotechnical report and ensuring the report meets the Hazardous LandsDevelopment Permit Area Guidelines.Thus, staff recommends an application fee <strong>of</strong> $300.00 for Hazardous Lands DevelopmentPermit Area be introduced to cover staff costs.5. Sections 879 and 881 Local Government ActWhen an amendment is proposed to an Official Community Plan, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> will referthe proposed amendment to some <strong>of</strong> the organizations listed below following first reading <strong>of</strong> thebylaw, subject to provisions set out in Council policy LAN. 47 Official Community Plan Referral.The organizations identified in the policy are as follows:• Fraser Valley Regional <strong>District</strong>;• <strong>District</strong> <strong>of</strong> Maple Ridge; City <strong>of</strong> Abbotsford;• First Nations;• School <strong>District</strong> No.75;PAGE7OF 7


38• Ministry <strong>of</strong> Water, Land, and Air Protection;• Fraser Health Region; Ministry <strong>of</strong> Transportation;• Department <strong>of</strong> Fisheries and Oceans; Land Reserve Commission,• Utility Companies; and the• Canadian Pacific RailwayFollowing the provision <strong>of</strong> the policy, Council must consider the requirement to make referralson a case-by-case basis and adopt a resolution to clarify that the referral requirements havebeen considered. Considering the referral criteria detailed in LAN 47. policy, the referralsinclude <strong>District</strong> <strong>of</strong> Maple Ridge, City <strong>of</strong> Abbotsford, Fraser Valley Regional <strong>District</strong>, School<strong>District</strong> No. 75, Canadian, Pacific Railway, Ministry <strong>of</strong> Transportation, Department <strong>of</strong> Fisheriesand Oceans, Land Reserve Commission, Fraser Health Region, Ministry <strong>of</strong> Water Land and AirProtection, First Nations, including: Kwantlen, Matsqui Sto:lo and Sumas.6. Section 882 Local Government ActSection 882 <strong>of</strong> the Local Government Act requires Council to consider <strong>District</strong> <strong>of</strong> <strong>Mission</strong> OfficialCommunity Plan amending bylaws in conjunction with the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s Financial Plan(includes Capital Expenditure Plan and Operating Expenditure Plan) and Waste ManagementPlan. Given that the design guidelines for Hazardous Land Development Permit Areas arebelieved to have little to no impact on the <strong>District</strong>'s Financial and Waste Management Plans, theDirector <strong>of</strong> Finance has considered the financial aspects <strong>of</strong> revising these development permitguidelines and noted no concerns with Council's further consideration <strong>of</strong> the amending bylaw.7. SummaryThe amendment to the Official Community Plan policies and the creation <strong>of</strong> two (2) HazardousLands Development Permit Areas, will ensure that the <strong>District</strong> has a comprehensive, conciseand consistent approach to addressing development on lands that may be subject to potentialhazards.I have reviewed the financial aspects <strong>of</strong> this report.Ken Bjorgaard, Director <strong>of</strong> Finance'1')/las\o-i sMarcy BondG:\COMDEV\MARCY\Geotechnical information\CoW report for Hazardous Land Development Permit Area.docPAGE 8 OF 73


39Appendix 1Part II: Policies Section "1.5 DEVELOPMENT IN THE FLOODPLAIN" the following sentence bedeleted in its entirety:"Floodplain management policies, land use regulations, zoning designations and guidelines andregulations for building flood-pro<strong>of</strong>ing have been developed for <strong>Mission</strong> to address the potentialhealth and safety risks from flooding. While local government decisions are key to floodplainmanagement, it is recognized that the most effective method to reduce flood damage is a multistakeholderapproach. In other words, development regulation in the floodplain will besuccessful through the cooperative efforts <strong>of</strong> all levels <strong>of</strong> government, developers buildersrealtors and the public."and replaced with the following:"Floodplain management policies, bylaws guidelines and regulations have been developed for<strong>Mission</strong> to address the potential health and safety risks from flooding. The following policesaddress floodplain management. have been developed for <strong>Mission</strong> to address the potentialhealth and safety risks from flooding."The following be deleted in it's entirety"Site Specific Evaluation <strong>of</strong> DevelopmentPolicy 1.5.2 Evaluate development in the floodplain on a site-specific basis"And replaced with:"Floodplain Development RequirementsPolicy 1.5.2 Development on a floodplain shall be in accordance with <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Floodplain Management Bylaw."The following new policy be added immediately following Policy 1.5.3"Fraser River Development Permit AreaPolicy 1.5.4 Development located within the Fraser River Development PermitArea, identified on OCP Map 5a, shall meet the requirements <strong>of</strong> theDevelopment Permit Area Guidelines and the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> FloodplainManagement Bylaw."PAGE 9 OF 73


40Appendix 2Part II: Policies Section "1.6 DEVELOPMENT ON HAZARD LANDS"The following be deleted in it's entirety:"Lands Where Development is ProhibitedPolicy 1.6.2 Prohibit development on lands subject to subsidence, rock fall, debrisflow or other natural hazard. where a report by a qualified pr<strong>of</strong>essionalhas not identified the site as safe for the use intended.".And be replaced with:"Policy 1.6.2 Development on potentially hazardous lands shall be prohibited wherea report from a qualified pr<strong>of</strong>essional has not identified the site as safefor the use intended."The following be deleted in it's entirety""Development on Hazard LandsPolicy 1.6.3 Prohibit development in areas with slopes greater than 3:1 without acomprehensive geotechnical investigation demonstrating unequivocallythat the development can be successfully carried out, and that this willoccur with no increase in risk or hazard to down slope or adjacentowners"And be replaced with:"Policy 1.6.3 Development on hazardous lands shall meet the requirements <strong>of</strong> theGeotechnical Hazard Lands Development Permit Area Guidelines."Add a new policy be added immediately following Policy 1.6.4."Policy 1.6.5 Prohibit development on lands subject to hazards where a reportsubmitted by a qualified pr<strong>of</strong>essional has not identified the land asbeing safe for the use intended."PAGE 10OF 7.


41Appendix 3Area Q - Fraser River Development Permit Area1. CategoryThe Fraser River Development Permit Guidelines are established pursuant toSection 919(1)(a) and 919.1(b) and are applicable to the Fraser River DevelopmentPermit Area shown on Official Community Plan Map 5a.2. IntentEstablish a Fraser River Development Permit Area to ensure that the requirements<strong>of</strong> the Floodplain Management Bylaw are being met and that any geotechnicalreports undertaken as part <strong>of</strong> development will adequately address the potentialhazards <strong>of</strong> the Fraser River.3. Objectives• To minimize damage to structures and properties from flooding;• To direct development away from land subject to potential river avulsionhazards;• To ensure adequate assessment and mitigation <strong>of</strong> river hazards• To allow for suitable land use under hazardous conditions in accordance withengineering studies; and• To minimize impact <strong>of</strong> development and land alteration on the naturalenvironment, ecosystems and biological diversity.4. ApplicabilityTo achieve the objectives <strong>of</strong> Development Permit Area, the following shall apply tothe issuance <strong>of</strong> development permits:a). Activities requiring a Development PermitA Development Permit must be obtained prior to:i) subdivision <strong>of</strong> land;ii) alteration <strong>of</strong> land;iii) construction <strong>of</strong>, addition to, or alteration <strong>of</strong>, a building or structure within thedevelopment permit area.b) Pursuant to Section 920(11) <strong>of</strong> the Local Government Act, an engineering studyprepared by a pr<strong>of</strong>essional engineer with experience in river engineering may berequired. The report shall be certified and state that the development is safe forthe use intended.c) Guidelines for Engineers Reports to meet the Development Permit Guidelinesi) Where a geotechnical report is required, each report must• meet the levels deemed acceptable in the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s HazardAcceptability Thresholds for Development Permit Approvals by LocalGovernments;PAGE 1 1 OF 73


42• address the requirements in the Assistance to Developers and BuildingPermit Applicants Undertaking Geotechnical Studies hand out; and• meet the requirements <strong>of</strong> <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Floodplain ManagementBylaw5. Exemptionsa. A development permit may not be required for construction <strong>of</strong>, addition to oralteration <strong>of</strong>, a building or structure where:i) the property is protected by a dike, as defined by the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Floodplain Management Bylaw, and the requirements <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Floodplain Management Bylaw are being met.ii) the property is located within the London Avenue Local Exemption Areaidentified on Official Community Plan Map 5a or.iii) the type <strong>of</strong> construction, addition, or alteration, does not affect,or relate to, matters <strong>of</strong> health, safety or the protection <strong>of</strong>property from damage.PAGE 12 OF 73


43Appendix 4Area R: Geotechnical Hazard Lands Development Permit Area Guidelines1. CategoryThe Geotechnical Hazards Development Permit Area Guidelines are establishedpursuant to Section 919(1)(a) and 919.1(b) <strong>of</strong> the Local Government Act and areapplicable to all lands within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>.2. IntentLands within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> include a variety <strong>of</strong> land forms, which have thepotential to create a range <strong>of</strong> different types <strong>of</strong> hazards that may affect development.These hazards include but are not limited to: steep slopes, flooding, debris flows,rock fall, liquefactions and debris floods.Pursuant to Section 919 <strong>of</strong> the Local Government Act a municipality may designatedevelopment permit areas for the purposes <strong>of</strong> protecting development fromhazardous conditions.As this Development Permit Area is established to protect areas from hazardousconditions, pursuant to Section 920(11) any requirement for a site specificgeotechnical report must be prepared by an engineer with experience or training ingeotechnical study and geohazard assessments.3. Objectives• To minimize damage to people, structures and properties from geotechnicalhazards, debris floods, debris flows and alluvial fans;• To direct development away from land subject to potential hazards;• To ensure adequate assessment and mitigation <strong>of</strong> hazards from steepslopes;• To allow for land use suitable under hazardous conditions in accordance withengineering studies; and• To minimize impact <strong>of</strong> development and land alteration on the naturalenvironment, ecosystems and biological diversity.4. ApplicabilityTo achieve the objectives <strong>of</strong> Geotechnical Hazard Land Development Permit Areathe following shall apply to the issuance <strong>of</strong> development permits:a) Activities requiring a Development PermitA Development Permit must be obtained prior to:i) subdivision <strong>of</strong> land;ii) alteration <strong>of</strong> land; andiii) construction <strong>of</strong> addition to or alteration <strong>of</strong> a building or structure withinthe development permit area.b) Pursuant to Section 920(11) <strong>of</strong> the Local Government Act, a geotechnical reportprepared by a Pr<strong>of</strong>essional Engineer with experience in geotechnical studyand geohazard assessments may be required where:PAGE 13 OF 73


44i) There is a slope greater than 30% within a distance considered to beinfluential on the site's hazard rating or;ii) Signs <strong>of</strong> slope instability exist on the property, above or below the proposeddevelopment or;iii) Development may be affected by a watercourse and/or an alluvial fan hazardoriv) The Approving Officer or Building Inspector deem the report is necessary.5. Guidelinesa. Where possible development should be sited to avoid hazards. Where it isimpossible or impractical to avoid a hazard, mitigative measures may beconsidered.b. development permit may vary or supplement a bylaw under Part 26, Division 7or 11 <strong>of</strong> the Local Government Act provided the variance or supplement is minorand directly related to, and in accordance with, the objectives <strong>of</strong> the GeotechnicalHazard Lands Development Permit Area.c. Conditions or restrictions may be imposed respecting the uses and densitiespermitted in the zoning bylaw, the sequence and timing <strong>of</strong> construction, areas toremain free <strong>of</strong> development, vegetation or trees to be planted or retained, naturaldrainage to be maintained or enhanced.d. Where the zoning bylaw permits residential use and where the geotechnicalstudy identifies an acceptable level <strong>of</strong> risk for new construction, all new lotscreated should include suitable building sites. Clustering lots away from thehazard area may be approved and the minimum size <strong>of</strong> parcels <strong>of</strong> land that maybe created by subdivision may be varied by development permit to facilitate theoptimum and safe use <strong>of</strong> the land, provided that the average parcel size <strong>of</strong> theclustered lots shall not be less than the minimum parcel size specified in thezoning bylaw, and provided that each lot is suitable for its intended use.e. Where a geotechnical report is required, each report must:• meet the levels <strong>of</strong> safety deemed acceptable in the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Hazard Acceptability Thresholds for Development Permit Approvals byLocal Governments;• Address the requirements in the Assistance to Developers and BuildingPermit Applicants Undertaking Geotechnical Studies hand out and• complete as part <strong>of</strong> the assessment and submit "Appendix D" fromGuidelines for Legislated Landslide Assessments for ProposedResidential Development in BC (p. 54 & 55)6. Exemptionsa) A development permit may not be required for construction <strong>of</strong>, addition to .or alteration <strong>of</strong>, a building or structure where:i) the potential risk <strong>of</strong> any geotechnical hazard which may affect the site asdetermined by a pr<strong>of</strong>essional engineer, with experience or training ingeotechnical study and geohazard assessments, states in a site specificreport that the land is safe for the use intended and where AcceptabilityPAGE 14 0 ,.= 73


45Thresholds for Development Permit Approvals by Local Governments theGuidelines under Development Permit Area 5(b)(1) have been met, withno conditions.ii) the type <strong>of</strong> construction, addition, or alteration, does not affect, orrelate to, matters <strong>of</strong> health, safety, or the protection <strong>of</strong> property fromdamage.PAGE 15 OF 72


46Appendix 5Excerpt <strong>of</strong> Association <strong>of</strong> Pr<strong>of</strong>essional Engineers andGeoscientists GuidelinesAss,xiatmn <strong>of</strong> Prote5Sional Engineersand Geasoentis'E, <strong>of</strong> Bertisti Columixa March 2006Rimed May 2008PAGE 16 OF 73


47TABLE OF CONTENTSINTRODUCTION 4Introduction to the 2006 Guidelines 4introduction to the 2008 Revisions 41..1 Purpose <strong>of</strong> the Guidelines i=„12 Role <strong>of</strong> APEGBC 6.1.3 introduction <strong>of</strong> Terms' 61.4 Scope <strong>of</strong> the Guidelines 71.5 Applicability <strong>of</strong> the Guidelines 81.6 Acknowledgments2, PROJECT ORGANIZATION AND 'RESPONSIBILMES 102.1 Common Forms <strong>of</strong> Project Organization 10'2..2 Responsibilities 102.2.1 The Client 102.22 The Qualified Pr<strong>of</strong>essional 122_2.3 The Approving Authority 1422.4 Reviews <strong>of</strong> Landslide Assessment Reports. 14.3. GUIDELINES FOR PROFESSIONAL PRACTICE 173.1 initiation 173.1.1 Phases <strong>of</strong> a Landslide Assessment 173.1.2 Objectives.3_1.3 Type <strong>of</strong> Landslide Assessment 183.1.4 Level <strong>of</strong> Effort 183.1.5 Study Area 193.2 Background Information 191.3 Field Viliork 203.4 'Landsfide Hazard and Landslide Risk Analyses3.4 .1 Methods <strong>of</strong> Lan d slide Analysis L3.4.2 Quantative vs Qualitative nn3.4.3. Consideration <strong>of</strong> Changed Conditions 223.5 Landslide Assessment 223.6 Measures to Reduce 'Landslide Hazards andlor Landsiicie Risks 243.7 Report 24Limitations .and Qualifications o a Landslide .Assessment3_9 Specialty Services 264. SEISMIC SLOPE ANALYSIS 284.1 Seismic Slope Analysis Flowchart4.1.1 Landslide Hazard or Risk 264_1.2 Liquefaction or Strain S<strong>of</strong>tening 294.1.3 Factor <strong>of</strong> Safety andicr Slope Displacements 284.1.4 Compiex Slope Displacement AnalysisPAGE 17 OF 73


484.2 Review <strong>of</strong> Earthquake-induced Landslides 305, QUALITY ASSURANCEIQUALITY CONTROL 315.1 APEGBC Quality Management Bylaws 315_2 Direct StApervision 3153 internal and External Peer Review 316. PROFESSIONAL REGISTRATION; EDUCATION, TRAINING AND EXPERIENCE 336.1 Pr<strong>of</strong>essional Registration 336_2 Education, Training and Experience 347. REFERENCES AND RELATED DOCUMENTS 3,6APPENDIX A: GLOSSARY OF SELECTED TERMS 43APPENDIX B: LEGISLATIVE FRAMEWORK 48PIA Land The Act (Section 86)— Subdivision .Approvais 483.2 Local Government Act (Sections 919.1 and 920) — Development Permits 4833 Community Charter (Section 56): — Building Permits 49BA Local. Government Act (Section 910) — Flood Plain BylawVariances or Exemptions 493,5 Local Government Act (Section 692(•)) — Provincial Regulation M268.Geotechnical Slope Stability (Seismic:i Regulation 50APPENDIX C: REVIEW OF LEVELS OF LANDSLIDE SAFETY 510.1 British Columbia 51C.2 Canada 52APPENDIX D: LANDSLIDE ASSESSMENT ASSURANCE STATEMENT 54APPENDIX E: METHODS OF SEISMIC ANALYSIS OF SOIL SLOPES 56E1 introduction 56E.2 Review <strong>of</strong> Current Practice 56E.3 Slope Performance During Earthouake Shaking 57EA Slope Displacement (Methorl 1) 59ES Pseudo-static Analysis using a Slope Dioplacernent-BasedSeismic Coefficient (Method 2) 52ES Limitations 63E.7 Conciuding Remarks 63E8 References 64APPENDIX F: REVIEW OF EARTHQUAKE-INDUCED LANDSLIDES 66F.1 introduction 65F.2 Extent <strong>of</strong> Earthouake-induced LeridSlides 66F.3 Some Globai Examples 67F.4 Some United States Examples 68F.6 Western Canada 59APPENDIX G: GEOTE.CHNICAL DESIGN GUIDELINES FOR BUILDINGSON LIQUEFIABLE SITES 70APPENDIX H: Preliminary site response analysis 72APPENDIX I: AUTHORS AND REVIEWERS 73PAGE 18 OF 73


49Guideli nes forLegislated Landslide Assessments forProposed Residential Development inBritish ColumbiaINTRODUCTIONINTRODUCTION TO THE 2006 GUIDELINESAs British Columbia continues to grow in population, pressure for residentialdeveippmene, in areas that are prone to landslides, or have potentially unstable slopes,will increase. For the past 30 years, various pieces <strong>of</strong> provincial legislation haverequired that i'andt'ide assessments for proposed residential development in landslideproneareas be carried out by Pr<strong>of</strong>essional Engineers. More recently. Pr<strong>of</strong>essionalGeossientists have been included in some <strong>of</strong> this iegisiation. The Legislation requiresthat a Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional Geosorettst indicate whether theresidential de velooment will be 'safe from the effects <strong>of</strong> landslides.Pr<strong>of</strong>essional Engineers, and Pr<strong>of</strong>essional Gees -dentists with appropriate education,training and experience have the technical ability to carry out various forms <strong>of</strong> :landslideanalysis; however, to date, guidelines for such anaiyses for residential developmenthave not been documented. In addition. defined Levels <strong>of</strong> safety from the effects <strong>of</strong>landslides" have not been adopted for most <strong>of</strong> BC. It is not the role <strong>of</strong> a Pr<strong>of</strong>essionalEngineer or Pr<strong>of</strong>essional Geoscienfist to define such levels <strong>of</strong> safety: they must beestablished and adopted by the local government or the provincial government afterconsidering a range <strong>of</strong> societal values.The lack <strong>of</strong> a landslide hazard policy was first brought to the provincial government'sattention by the Association <strong>of</strong> Pr<strong>of</strong>essiona Engineers and Geoscientists <strong>of</strong> BritishColumbia (APEGBC) in :977, in a brief outlining a "Proposed Hazard Pipicy for BritishColumbia' (APEGBO 1977; initiated by Farquharson et al 1976, see also Williams 19E3).INTRODUCTION TO THE 2008 REVISIONSThe impetus for the 2008 revisions <strong>of</strong> these Guidelines was the publication <strong>of</strong> the 2006BC Building Code (BCBC 2006) in December 2006. subsequent to the adoption <strong>of</strong> theoriginal Guideiines by Council <strong>of</strong> A,PEGBC in March 200E,The BCBC 2006 adopted the ground motions for seismic design from the 2005 NationalBuilding Code for Canada (NBCC 2005). These around motions have a probability <strong>of</strong>exceedance <strong>of</strong> 2% in 50 years (annual probability <strong>of</strong> 112475), whereas the previousground motions for seismic design (NBCC 1996, BCBC ...1996) had a probability <strong>of</strong>exceedance <strong>of</strong> 10% in 50 years (annual probability <strong>of</strong> 1f475)'.Terms in italics are explained in Appendix A4 F07 the purpose <strong>of</strong> these•Cżuidelines the ievel <strong>of</strong> safety Cron the effects <strong>of</strong> landslides is referred to asbevel <strong>of</strong> landdide safely and includes le VS.! s <strong>of</strong> acceptable landslide hazard and landslide risk'.For convenience, these are referred to as "2% in 50-year ground modem" and "10% in 50-year groundmotions" ., respectively.APB...ZS° *March 2005kstiaed Semember 2.0DEauldeiMes far Leuitiareci Lancisbia A.rizassrmant 4for Probusso 4z:some:Mu' Safteiopruum in Sitar. ColumbiaPAGE 19 OF 73


50Many seismic design methods, including the analysis <strong>of</strong> the stability <strong>of</strong> slopes during andshortly after an earthquake (seismic slope analysis4 ), are based on ground motions. Insome areas <strong>of</strong> British Columbia, the above change in design ground motions resulted inan approximate doubling <strong>of</strong> the peak around acceleration (PGA) used in seismic slopeanalysis.Using current practice, the effect <strong>of</strong> this change was to increase the number <strong>of</strong> slopesthat could be considered unstable during an earthquake, and therefore potentially notsuitable for residential .deveiopment. This caused concern to Land Owners,Development Consultants, losal governments, and the provincial government (Kuan20071As a temporary measure, the provincial government, by special regulation 'LocalGovernment Act, Section ,692(d), Provincial Regulation M268, Geotechnical SlopeStability - (Seismic) Regulation (December 20067, permitted the use <strong>of</strong> the NBCC 199Eand BCBC 1998 ground motions (ID% in 50-year pound motions) for seismic slopea.naiysis. As a result, APEGBC, with support from the provincial government,established a Task Force on Seismic Slope Stability (TFSSS) to study this issue and tomake appropriate recommendations.The TFSSS reviewed current practice and recent developments in seismic slopeanaysis These 20D revised Guidelines introduce two new methods <strong>of</strong> seismic slope,analysis <strong>of</strong> soil slopes based on the concept <strong>of</strong> tolerable earthquake-induced slopedisplacements alma a slip surface_ The 2008 revisions include the addition <strong>of</strong> a newChapter 4 and four Appendices (Appendix E, Appendix F, Appendix G and Appendix H)..Other minor revisions have also been made.1.1 PURPOSE OF THE GUIDELINESThis document (1) provides guidelines <strong>of</strong> pr<strong>of</strong>essional practice for a Pr<strong>of</strong>essionalEngineer and Pr<strong>of</strong>essionai Geossientist wnc carries out a landslide analysis for aproposed residential development, and (2) provides guidance to the pr<strong>of</strong>essional as tohow to relate the results <strong>of</strong> the analysis to a level <strong>of</strong> landslide safety for residentialdeve.looinent when required by provincial legislation. Appendix D to these Guidelinesprovides a Landslide Assessment Assurance Statement that must be submitted, alongwith a is stilde assessment report, to an Approving Authority.Land Owners and Devei-apment Consultants: Land Use Planners, Approving Officers .and Building inspectors: kriunicipalities Reg.'onal <strong>District</strong>s, and the islands True; theprovincial gdemment; and the general public frequently rely on such iandsiideassessments. These Guidelines may also assist those parties.These Guidelines address typical project organLzation and respcns:blhies <strong>of</strong> the venousstakeholders; pr<strong>of</strong>essional practices that should typically be provided: qualityassuranceiquaiit-y control, and pr<strong>of</strong>essions registration and education, training andexperience.Seismis slope analysis ine-tudes both, seismic slope sability analysis and seismic slope dispiacementanalysis.Municipalities. Regi'onal <strong>District</strong>- and the islands Trust are coitectively referred to as lose coveminents.APEGEC *March 213:26.7:e0 se September 23E18Cjiiidetne,s Ledsisted Lanciai:ds <strong>of</strong>t sseavnent.io, Precasev Fez fiarekkopment Eritisi) Cation:WEPAGE 20 OF 73


511 .2 ROLE Of APEGBCThese Guidelines have been formaliy adopted by the Council <strong>of</strong> APEGBC, and form parte APEGBC's ongoing commitment to maintaining the quality <strong>of</strong> services that itsMembers provide to their Clients and the general public. Pr<strong>of</strong>essional Engineers andPr<strong>of</strong>essional Geoscientists are pr<strong>of</strong>essionally accountable for their work under theEngineers and Geoscientists Act (RSBC 1996, Chapter 116. as amended), which isenforced by APEGBC.A Member must exercise pr<strong>of</strong>essional judgment when providing pr<strong>of</strong>essional services;as such, application <strong>of</strong> these Guidelines will vary depending, on the circumstances.APEGBC supports the principle that a Member should receive fair and adequatecompensation for pr<strong>of</strong>essional services, inciuding services provided to comply with theseGuidelines. An insufficient fee does not justify services that do not meet the intent <strong>of</strong>these Guidelines. These Guidelines may be used to assist in .estsbishing theobjectives, type <strong>of</strong> landslide analysis, level <strong>of</strong> effort and terms <strong>of</strong> reference <strong>of</strong> aMembers- agreement with his/her Client.By following these Guidelines a Member should fulfill his/her pr<strong>of</strong>essional obligations,.especially with regards to APEGBC Code <strong>of</strong> Ethics Principle 1 (hold paramount thesafety, health and welfare <strong>of</strong> the public, protection <strong>of</strong> the environment and promotehealth and safety in the workplaceE). Failure <strong>of</strong> a Member to meet the intent <strong>of</strong> theseGuidelines could - be evidence <strong>of</strong> unpr<strong>of</strong>essional conduct and lead to disciptinaryproceedings by APEGBC.1.3 INTRODUCTION OF TERMSAppendix A explains all terms shown in italics in these Guidelines. The followingintroduces some <strong>of</strong> the terms.For the purpose <strong>of</strong> these Guidelines, a Qualified. Pr<strong>of</strong>essional is a Pr<strong>of</strong>essional Engineeror Pr<strong>of</strong>essional Geossi.entist with appropriate education, training and experience toconduct . landslide: assessments for residential development as described in theseGuidelines (refer to :Section 6). Typically, such a Pr<strong>of</strong>essional Engineer will be practisingdeolodical enaineering, mining engineering or civil engineering and such a Pr<strong>of</strong>essionalGeoscientist be practising geology or environmental geoschience'.A landslide is a movement <strong>of</strong> rock, debris or earth down a siope. Landslides can be aresult <strong>of</strong> a natural sequence <strong>of</strong> events and/or human activities. Landslides include: rockfails, rock siumps, rock slides, rock avaanches, rock creep: debris fails, debris slides,debris flows, debris floods; earth falis, earth slumps, earth slides, earth flows, earthcreep; and flow slides. Debris flows and debris floods have some characteristics <strong>of</strong> bothlandslides and floods.APEGBC's Code <strong>of</strong> Ethics is at httoim.w.ar.iebc.calliorary.'actoylawscode..thrn!.. The Code <strong>of</strong> Ethics,along ithith accompariying Guidelines and Commentary, are oubfished in the current (1994) edition <strong>of</strong>iiiPEC- SC'S "Guidelines to Pr<strong>of</strong>essional Excellence'.Geological enal'rr&er, mintho enoineerind and civil end:leering are disc:ital.:nes <strong>of</strong> engineeringregistration wrni 2:REGSC..a7d eni/rcinmenred geoscience are, disciplines <strong>of</strong> geoscience within AFEGBC. Unti201:3, AFEiGE 0 referred to the discipithe <strong>of</strong> environmental oeoscience as 'ideate:Ants'.APECIEC *March 20Effir,R.ewsed Samember 235GwcisPnez icr Ls.ct;sted LzrulsdsA.T.sessmentr:vpnenn Entli5.6 Golumt.,;zPAGE 21 OF


52A landslide assessment is a combination <strong>of</strong> (1) landslide analysis {recognition,characterization and estimation <strong>of</strong> hazard, and may include estimation <strong>of</strong> potentialconsequences), and (2) a comparison <strong>of</strong> the results <strong>of</strong> the analysis with a level <strong>of</strong>landslide safety {Canadian Standards Association — CSA 1997). Based upon thecomparison, and where required by legislation, a Qualified Pr<strong>of</strong>essional must statewhether the level <strong>of</strong> landslide safety is acceptable or unacceptable relative to an adoptedlevel <strong>of</strong> landslide safety. If required, the Qualified Pr<strong>of</strong>essional can makerecommendations to reduce hazards and/or conseq•ence.s. For the purpose <strong>of</strong> theseGuidelines„ a /ands/ids assessment is either a landslide hazard assessment or landslidenail; assessmentAs defined by various pieces <strong>of</strong> provincial legislation, residential development includes:subdivision <strong>of</strong> propertyI construction. including construction <strong>of</strong> new buildings or structures, andstructural alteration <strong>of</strong>„ or addition to existing buildings or structures..Residential development also includes site development including, but not limited to,:removing vegetation,. :providing access, site grading, filling constn,,iction <strong>of</strong> infrastructure,,instatiation <strong>of</strong> utilities and modification <strong>of</strong> natural drainage.-Subdivision <strong>of</strong> property can result. from a number <strong>of</strong> different activities, including:• creating several lots, or strata lots, from one or more existing properties• consolidating two or more properties into one lot, and• adjusting or realigning an existing property line.Types <strong>of</strong> subdivisions include: conventional, strata, cooperative corporatiort(sharedinterest, abori hal reserves and leases.Therefore, residential development can range from the alteration <strong>of</strong>, or addition to, asingle residence to the subdivision <strong>of</strong> property containing a large number <strong>of</strong> residentiallots.A landslide assessment is only one aspect <strong>of</strong> the overall residential developmentprocess.IA SCOPE OF THE GUIDELINESThese Guidelines apply to legislated landslide assessments for proposed residentialdevelopment (refer to .Appendix B for a summary <strong>of</strong> the legislative framework). TheseGuidelines do not address other potential natural hazards such as flooding., soil erosion,subsidence or snow avalanches, except as related to landslides. If a QualifiedProiessionai identifies other potential hazards during a landslide assessment, he/sheshould notify the Client and the Land Owner (in situations where the :Client is not theLand Owner).It is recognized that landslide assessments are also carried out for other types <strong>of</strong>proposed non-residential development including institutional, commercial, industrial andinfrastructure; sometimes as part <strong>of</strong> emergency response; and for existing rosicientalareas for a wide variety <strong>of</strong> reasons. There is, however, no provincial legislation thatpertains to landslide assessments for those other purposes, and therefore theseAPE GEC *March 20:.51Revises Separate, •DCIESixideOmes for Legislated LanOsiidi , Assessmen!! 7tnenn Brsn (ZombisPAGE 22 OF 73


53Guidelines do not address them. Some <strong>of</strong> the information contained herein may„however, be relevant to such non-legislated landslide assessments.Other pieces <strong>of</strong> residential development-related provincial legislation exist in which aQualified Pr<strong>of</strong>essional, as defined in these Guidelines, may be involved, but for whomthere is no explicit pr<strong>of</strong>essional mandate. For example:• a local government developing an Cffi<strong>of</strong>a:i Community Pian, designating aDevelopment Permit Area, or preparing a bylaw, including flood plain' and zoningbylaws (Loca: Government Act (RSBC 1996, Chapter 3231,• a local government issuing a tree cutting permit (Local Government Act (RSBC1996, Chapter 323), and• Integrated Land Management Bureau <strong>of</strong> BC Ministry <strong>of</strong> Agriculture and Lands(formerly Land and Water BC inc) disposing <strong>of</strong> Crown Land (Land Act, RSBC1996, Chapter 246).in such i:nstances. there is no legislated requirement for the invoiv.em-ent <strong>of</strong> a QualifiedPr<strong>of</strong>essional except where such work is mandated to APEGBC Members by theEngineers and Geoscientists Act. These Guidelines do not address such non-legisLatedinvolvement <strong>of</strong> Qualified Pr<strong>of</strong>essionals; however, some <strong>of</strong> the information containedherein may be relevant.1-5 APPLICABILITY OF THE GrUIDELINESNotwithstanding the purpose and scope. <strong>of</strong> these Guidelines, a Qualified Pr<strong>of</strong>essional'sdecision not to follow one or more aspects <strong>of</strong> these Guidelines does not necessarilymean that heishe fails to meet histher pr<strong>of</strong>essional obligations. Such judgments anddecisions depend upon weighing facts and circumstances to determine whether anotherreasonable and prudent Qualified Pr<strong>of</strong>essional, in a similar situation, would haveconducted himself/herselfAlthough the Client is <strong>of</strong>ten .a Land Owner or Development Consultant, landslideassessments for residentia,' development are usually carrie.d, out at the request al thelocal government or the provincial government Following these Guidelines, how.ever,does not ensure that the conclusions and recommendations contained within theland:3de assessment report will be accepted by A:pprovingThese Guidelines are influenced by current provincial legisiation. provincial case law,advances in knowledge, and evolution <strong>of</strong> general pr<strong>of</strong>essional practices in BC. As such,they may require updating from: time to time_Landslide assessments for residential development may have to address otheroeotechnical engineering-related issues and/or forestry issues. For these issues. referto "Guidelines for Geote.chnica Endi:neenna Services for Building Project (APEGBC.1998) and 'Guidelines for Terrain Stab dit,:Assessments in the Forest Sector' (APEGBC2003).Flood plains as nelai.ed to lancisi:des..An Approving 'Lifter. BEIg.diTIC: MalVd017, and Planners and Councils <strong>of</strong> a local government arecollectively referreC to as an Approving Autnarity..ataide,!rtas isr Legislated Landslide Assessments 8 •AREGE•C •March 251VFteitased September ZLIDE for nen n BritiV1 GonienbiaPAGE 23 OF 73


541.6 ACKNOWLEDGMENTSThe 2006 Guidelines. were prepared on behalf <strong>of</strong> APEGBC - by a Committee <strong>of</strong> QualifiedPrdfessionals and were reviewed by several diverse parties and stakeholders asmembers <strong>of</strong> an APEGBC internal Review Task Force and an External Review Group.The authors and reviewers are listed in Appendix 1. The authors thank the reviewers fortheir constructive suggestions. A review <strong>of</strong> this document does not necessarily indicatethe reviewer andlor his employer endorses everything in the document Any errors arethe responsibility <strong>of</strong> the authors.APEGBC thanks the 3C Ministry <strong>of</strong> Public Safety and Solicitor General, ProvincialEmergency Program Natural Hazards Mitigation Fund, which funded the preparation <strong>of</strong>the 2006 Guidelines; and the BC Ministry <strong>of</strong> Forests and Range, which facilitated the the2006 Guidelines.The 2008 revisions were carried out by the TFSSS and reviewed by a number <strong>of</strong>APEGBC iiiiemb•rs. Members <strong>of</strong>. the TFSSS and the reviewers are listed in Appendix 1.The members <strong>of</strong> the TFSSS thank the reviewers for their constructive suggestions. Areview <strong>of</strong> this document does not necessarily indicate the reviewer and/or his employerendorses everything in the document Any errors are the responsibility <strong>of</strong> the TFSSS.APEGBC also thanks the Ministry <strong>of</strong> Forests and Range. Minister Responsible forRousing for funding the work <strong>of</strong> the TFSSS.SwrisPnaz,fc Lecisiazee. Lancids A ment, 9APEGE:: *March 2C2E(Rscse: Sepaembs- 2002 fcr PrzcssE,d'Resigent4'1:,sli,22pMElli BriiichPAGE 24 OF 73


552. PROJECT ORGANIZATION AND RESPONSIBILITIES2.1 COMMON FORMS OF PROJECT ORGANIZATIONLandslide :assessments for subdivision approvals, development permits, buildingpermits, and flood piain bylaw variances or exemptions are typically initiated by the localgovernment or the provincial government requesting the Land Owner or DevelopmentConsultant to retain a Qualified Pr<strong>of</strong>essional to carry out a landslide assessment andprepare a report. The Land Owner or Development Consultant then forwards that report .to the requesting government body, usually an Approving Autnanty for review and eitheracceptance or rejection <strong>of</strong> the conclusions and recommendations contained in thereport, On occasion, the local government or the provincial government will directlyretain a Qualified Pr<strong>of</strong>essional..Therefore, tipically the Land Owner or Development Consultant is the Client, and theQualified Pr<strong>of</strong>essional establishes an agreement for pr<strong>of</strong>essional services with thatparty. The Qualified Pr<strong>of</strong>essional should be aware, however, that his/her report willultimately be revie,.wed by an Approving Author*The Client should be aware that the findings cif the Qualified Pr<strong>of</strong>essional could possibly .result in the residential development re.guring modification, the Approving Authorityrequiring covenants or the residential development being turned d.own, in this regard, itis useful if the landslide assessment is carne out early in the residential developmentplanning process,The Qualified Pr<strong>of</strong>essional should ensure that his/her role, in relation to the Client andthe Approving Authority, is clearly defined, It is possible that a Client may not have beenpreviously 'involved in residential development, nor previously engaged a QualifiedPr<strong>of</strong>essional. in such situations the Qualified Pr<strong>of</strong>essional should consider reviewingwith the Client the typical responsibilities listed below, to assist in establishing anappropriate agreement for pr<strong>of</strong>essional services and to inform the Client <strong>of</strong> theexpectation <strong>of</strong> appropriate and adequate compensation (APEGBC Code <strong>of</strong> EthicsPrinciple 5).2.2 RESPONSIBILITIESSections 221 to 223 describe some <strong>of</strong> the typical responsibilities <strong>of</strong> a Client, QualifiedPr<strong>of</strong>essional and Approving Authority. Section 22.4 describes some <strong>of</strong> the typicalresponsibilities <strong>of</strong> a Qualified Pr<strong>of</strong>essional when asked by an Approving Authorily orClient to review a .landslide assessment report prepared by another QualifiedPr<strong>of</strong>essional.2.2.1 The ClientThe Client is typically the Land Owner or the Developmen,, Consultant, or occasionallythe local government or the provinci governmentPrior to a landslide assessment it is helpful and will likely reduce the cost <strong>of</strong> pr<strong>of</strong>essionalservices if the Client is knowledgeable about, and can provide the Qualified Pr<strong>of</strong>essionalwith„ the following:CiardafinesIc Ls.gisiated Lendside Assessment 10APE.-&6C .1'4h Be- ::_;eparnber 20E18 far Fnacased: Resicenzia1Devebpmentlil Bir CoitImbaPAGE 25 OF 73


56• process and procedures <strong>of</strong> subdivision approvals, development permits, buildingpermits, and flood plain bylaw variance or exemption, as applicable'• legal: description <strong>of</strong> the property, as registered with Land Titles and SurveyAuthority, and. a copy <strong>of</strong> the current land registration including covenants• for subdivision, a copy <strong>of</strong> the existing survey plan <strong>of</strong> the 'property, or the need fora survey plan, and the location <strong>of</strong> the legal property boundary markers on theground (this may require a British Columbia Land Surveyor CBCLS)ij• for subdivision, proposed subdivision plan t'• for construction, plans <strong>of</strong> existing buildings or structures, and location <strong>of</strong> theproposed construction on the ground• for construction, proposed CarlSirli CtiarT drawings• locations <strong>of</strong> existing, proposed and anticipated elements at risk on and, ifrequired, beyond the property• in general terms, proposed and anticipated land use changes (for examplelogging) on. and, if required, beyond the property• information on past or existing landslide problems, or potentially unstable slopes• recognition that the landslide assessment is based on the proposed residentialdevelopment and changes to that development may require changes to, orinvalidate, the landslide assessment• relevant background information (written or otherwise.) related to the property andthe existing and proposed residential development, including previous landslideassessment reports conducted for the Client or available to the Client, and• the Qualified Pr<strong>of</strong>essional should have unrestricted access to and, if required,beyond the property.With assistance from the Qualified Pr<strong>of</strong>essional, the. Client should complete anagreement with the Quaffed Pr<strong>of</strong>essional confirming scope, schedule andcompensation for the landslide assessment: need and scope <strong>of</strong> specialty services: andneed for external peer review_ it is recommended that such an agreement include acause that deals With potential disclosure issues due to the Qualified Pr<strong>of</strong>essional'sobiication under APEGBC Code <strong>of</strong> Ethics Principle 1 (hold paramount the safety, healthand welfare <strong>of</strong> the public, the protection <strong>of</strong> the environment, and promote health andsafety in the worlipiace). in certain circumstances the Qualified Pmfessional may haveto convey adverse landslide risk assessment findings to parties who may not be directlyinvolved, but who have a compeliing need to know. Following is suggested warding forsuch a ciause:'Subject to the following, the Qualified Pr<strong>of</strong>essional Wit, keep confidential allinformation, including documents, correspondence, reports and opinions, unlessdisclosure is authorized in writing by the Client, However, in keeping withA3EGEC's :Code: <strong>of</strong> Ethics, if the Qualified Pr<strong>of</strong>essional discovers or determinesthat there is a material risk to the environment or the safety, health and welfare<strong>of</strong> the public or worken safety. heishe shall notify the Client as soon aspracticable <strong>of</strong> trtis information and the need that it be disclosed to theappropriate parties. If the Con: does not take the necessary steps to notify theappropriate parties in e rea,onable amount <strong>of</strong> time, the Qualified Pr<strong>of</strong>essionalIn this reoa7a. OuaiVfeci PrO7'essir.ma should consider becinning an assignment only after the Clienthas applied tit, an: recelvec a resoonse from. the approving jurisdiction forth. proposed resider-1gal,development.Subdivision and. construction pia.nhino are meratve processes and therefore proposed plans may notbe procup.ed until 're results <strong>of</strong> me land:ski& assessment are known.tklitieknes -for Leaistated Lencisibe Assessment: 11APEGEZ; *March :213e5Reiret.' Sepmmber 200'6 far FrsposedRestnential Deve0spinen.i aitisn CbiumbiaPAGE 26 OF 72


57shall have the right to disclose that information in order to fulfil his/her ethicalduties and the Client hereby agrees to that disclosure:The Client should be aware the Qualified Pr<strong>of</strong>essional's cost estimate may have to beamended during the assessment, depending on the Qualified Pr<strong>of</strong>essional's findings andanalysis. The Client should also be aware that a landslide assessment does notguarantee the results will be favourable for the proposed residential . development. Thecost estimate and likely results should be discussed with the Client prior to theassignmentDuring the landslide assessment it is helpfu: if the Client• shows the Qualified Pr<strong>of</strong>essional the locations <strong>of</strong> lege property boundarymarkers on the ground and location <strong>of</strong> the proposed residential development• allows the Qualified Pr<strong>of</strong>essional unrestricted access to the property, and• obtains access, if required, to areas beyond the property.After the landslide assessment it is helpful if the Client• reviews the landslide assessment report, and understands the limitations andqualifications that apply• nenessaly discusses the report with the Qualified Pr<strong>of</strong>essional and seeksclarification• if desired, directs the Qualified Pr<strong>of</strong>essional to complete a Landslide AssessmentAssurance Statement, and provides the Statement and the landslide assessmentreport to the .Approinno Authority• allows the Qualified Pr<strong>of</strong>essional to confirm that his/her recommendations havebeen followed so that Letters <strong>of</strong> Assurance (Scheduies A, B-1, B-2. C-A and C-B)under the current edition <strong>of</strong> the BC Building Code or other applicable codes canbe prepared, and• notifies the Qualified Pr<strong>of</strong>essional if land use, site development or slopeconditions change or vary from those described in the reportThe Landslide Assessment Assurance Statement and the landslide assessment reportare the property <strong>of</strong> the Qualified Pr<strong>of</strong>essional unti; outstanding invoices <strong>of</strong> the QualifiedPr<strong>of</strong>essional are -fully paid by the Client..2.2.2 The Qualified Pr<strong>of</strong>essionalThe Qualified Pr<strong>of</strong>essional is responsible for carrying out the landslide assessment and,if requned. making recommendations to reduce the likelihood <strong>of</strong> landslides and/oroanseqnences.Prior to carrying out a landslide assessment the Qualified Pr<strong>of</strong>essional should:• be knowledgeable about application and approval processes: procedures <strong>of</strong>subdivision approval, development permit, building permit and flood plain bylawvariance and exemption; and applicable legislation• confirm teat nalshe has appropriate training and experience to carry out alandslide assessment associated with the complexity <strong>of</strong> associated terrain andoeolooy and, if not, involve required specialistGocidine5 le! Lsais4ted Landsikie Assessment7 12APEGBC March 25:SYRee'sed Septembe° 2352 for Prop:se6 Fi-sz i.-7enz;a!Levelopment Bratisn Gourn&a.PAGE 27 OF 73


58• if they exist, obtain a copy <strong>of</strong> the approving jurisdiction's guidelines for carryingout landslide assessments and/or for preparing landslide assessment reports,and• if one exists:, obtain the adopted level <strong>of</strong> landslide safely, or other landslideassessment approNoal criteria, for the proposed residential development in theapproving jurisdiction.The Qualified :Pr<strong>of</strong>essional and Client should complete an agreement confirming scope,schedule and compensation for the landslide assessment; need for and scope <strong>of</strong>specialty services; and anticipated need for an external peer review. The QualifiedPr<strong>of</strong>essional should comply with the requirements <strong>of</strong> A.P.EGBC Bylaw 17 regardingpr<strong>of</strong>essional liability insurance_During the landslide assessment the Qualified :Pr<strong>of</strong>essional should:• if necessary, assist the Client in obtaining relevant information such as listed inSection 2.2.1• make reasonable attempts to obtain from the Client and others all relevantinformation related to the slope stability <strong>of</strong> and, if required, beyond the property• prior to field work, review collected information• conduct field work within the limits <strong>of</strong> and, if necessary, beyond the property at anintensity appropriate to the method <strong>of</strong> landslide assessment and to meet therequirements <strong>of</strong> existing jurisdictional guidelines• conduct the landslide assessment in compliance with applicable jurisdictionalcodes and regulations• consider both landslides and their consequences on the residential development,arid the consequences <strong>of</strong> the residential development on landslides on and ifrequired, beyond the property• notify the Client as soon as reasonably possible if specialty services or changesin scope <strong>of</strong> work are required, and <strong>of</strong> associated changes to the original costestimate• write the report oleany, concisely and completely and ,conform, where applicable,.to jurisdictional guidelines for landslide assessment reports• have a draft <strong>of</strong> the report appropriately peer reviewed• submr: to the Client a signed,. sealed and dated copy <strong>of</strong> the report, and• if directed by the Cient, complete a Landslide Assessment AssuranceSraternett and provide the StatcnTrant and the landslide assessment report to theApproolng Autivonri.After the landslide assessment the Qualified Pr<strong>of</strong>essional should:• clarify :questions the Client andior Approving Authority may have with regards tothe landslide :asse,:ssment. report; andior Landslide Assessment Assurance& sterner. and• cam out follow up work if requested by, and by agreement with, the Client.if aspects <strong>of</strong> the landslide assessment are deleciated, they should only be carried outunder ,direct supervision <strong>of</strong> the Qualified - :Pr<strong>of</strong>essional_ The Qualified Pr<strong>of</strong>essionalassumes full responsibility for all work delegated (refer to Section 5.2).Guitleikles far Lectsisred Landstids Alaae5513pents:A •.:7G6C; ..ehtarch 2i1.7 -5;F:strse 'EepternbeT 2:102 Prpposed Residett;af frevezpraent Beirsb Coktrnbia .PAGE 28 OF 73


59According to APEGBC Code <strong>of</strong> Ethics Principle 8, a Member should dearly indicate tohis/her Client possible consequences if recommendations are disregarded.To fulfill APEGBC Code <strong>of</strong> Ethics Principle 1 (hold paramount the safety, health andwelfare <strong>of</strong> the public, the protection <strong>of</strong> the environment, and promote health and safety inthe workplace.) and Principle 9 (report to APEGBC or another appropriate agency anyhazardous, illegal or unethical pr<strong>of</strong>essional decisions or practices by a Pr<strong>of</strong>essionalEngineer, Pr<strong>of</strong>essional Geosoientist or others if a Client fails or refuses to accept theconclusions and recommendations o the report), the Qualified . Pr<strong>of</strong>essional should:• advise the. Client in witting <strong>of</strong> the potential consequences <strong>of</strong> the Client's actionsor inactions, and• consider whether the situation warrants notifying APEGBC. the Land Owner (ifdifferent from the Client) and/or appropriate authorities.The above actions should be taken .particularly if loss <strong>of</strong> life andlor other significantnegative consequences are a possibility, or if workplace safety or the environment ispotentially jeopardized..2.2.3 The Approving AuthorityEven though most landslide assessments are carried out for a Land Owner orDevelopment Consultant. the local government or the provincial government typicallyinitiates the requirement for an assessment and is the Approving Author*. Aspreviously noted, an Approving .Authorizy can be an Approving Officer, Buddinginspector, or Planner an dior Council <strong>of</strong> a local government.Before the landslide assessment is initiated it is helpful if the Approving .Authority.-• informs the Client why a landslide assessment is required• informs the Client, if applicable, <strong>of</strong> the adopted /eve ./ <strong>of</strong> landslide safety forresidential develoornerit in the approving jurisdiction, and• provides the Client wAh guidelines, if they exist, for carrying out a landslideassessment andior preparing a landslide assessment report.After the landslide assessment it is helpful if the Approving Authority:• reviews the Landslide Assessment Assurance Statement and the landslideassessment report. and• if rptessary. discusses the Statement and report with the Qualified Pr<strong>of</strong>essionaland seeks clarification.The Approving Authority may be guided by the Municipal insurance Association <strong>of</strong>British Columbia's document 'Guidelines for Planners, Approving Officers and BuildingInspectors for Laridslide-Prone Areas in British Columbia (Skermer 20(12).2.2.4 Reviews <strong>of</strong> LndsIide Azzeszrnent ReportsA Qualified Pr<strong>of</strong>essional may be engaged by ar. Approving Authority to carry out anindependent external peer review <strong>of</strong> a iandsiide assessment report and LandsiideAssessment Awarence Statement prepared by another Quaiified Pr<strong>of</strong>essional. Lessfreduerrtly, a .Client may ask for such a review. This bipe <strong>of</strong> review is not the same as aninternal or external peer review carried out at the request <strong>of</strong> the Qualified Pr<strong>of</strong>essional,Ciuidebres for Le.pisiated Landsik4 Aszessmentz 14APESBC March 2CadRsvaed Seplember 2 ,30Efor Proaosso" Rev.-Den:4! Dere.oprilent .01 EntiSi? COIL.Friti"ZPAGE 29 OF 73


60prior to submitting the report to his/her Client and/or the Approving Authority (refer toSection .5.3).in order for the reviewing Qualified Pr<strong>of</strong>essional to carry out an appropriate review, it isheipful if the requesting Approving Authority or Client• is aware <strong>of</strong> the APEGBC Code <strong>of</strong> Ethics Principle 7: specifically, guideline (c).which states that a Member should not except in cases where review is usualand anticipated, evaluate the work <strong>of</strong> a fellow Member without the knowledge <strong>of</strong>,and after communication with, that Member where practicable• provides the reviewing Qualified Pr<strong>of</strong>essional with a copy <strong>of</strong> the landslideassessment report and Landslide Assessment Assurance Statement, necessary,background information, and the reason for the review• reviews the review letter or report, and• if necessary, discusses the review letter or report with the reviewing QualifiedPr<strong>of</strong>essional and seeks clarification.The reviewing Qualified Pr<strong>of</strong>essional should consider whether there may be a conflict <strong>of</strong>interest and act accordingly (APEGBC Code <strong>of</strong> Ethics Principle .4), and conducthirriselffnerself with fairness, courtesy and good faith towards colleagues and providehonest and fair comment (APEGBC Code <strong>of</strong> Ethics Principle 7).Following guideline (c) <strong>of</strong> APEGBC Code <strong>of</strong> Ethics Principle 7, the reviewing QualifiedPr<strong>of</strong>essional should:• if authorized to do so,. inform the Qualified Pr<strong>of</strong>essional who prepared thelandslide assessment report and Landslide Assessment Assurance Statement <strong>of</strong>the review, and the reasons for the review, and document in writing that theQualified Pr<strong>of</strong>essional was so infomied• ask the Qualified Pr<strong>of</strong>essional who prepared: the report if the reviewing QualifiedPr<strong>of</strong>essional should know about unreported circumstances that may have limitedor qualified the landslide assessment, the Statement andior the report., and• with the Client's authorization, contact the Qualified Pr<strong>of</strong>essional who preparedthe report and Statement if the results <strong>of</strong> the review identify safety orenvironments' concerns, in order to allow the opportunity for the QualifiedPr<strong>of</strong>essional to comment prior to further action.The review should be appropriately documented in a letter or a report The reviewingQualified Pr<strong>of</strong>essional should submit a signed, sealed and dated review letter or reportincluding:• limitations and qualifications with regards to the review, and• results and/or recommendatons arising from the review.The reviewing Qualified Pr<strong>of</strong>essional should clarify any questions the ApprovingAuthority or C:iiien't may have with regards to the review letter or report.guidelines for 1.s.gisisted Lendsitds Awsessrreentr,,AP::GE-ID •March 201,6iRErSet Sepernber 23:38for Pxwosecf Resscerz -ial Detstornent B.reish CottrnbiaPAGE 30 OF 73


61Occasionally, a Qualified Pr<strong>of</strong>essional is retained to provide a second opinion. This rolegoes beyond that <strong>of</strong> reviewing the work <strong>of</strong> the original. Qualified Pr<strong>of</strong>essional.. Thesecond Qualified Pr<strong>of</strong>essional should can- out sufficient pre-field work, field work,analysis and comparisons, as required, to accept full responsibiiity for hisiner laildstideassessment.litedettnes jtr Legisiated LenssiideAssesAPEMS•tit h S prennbet20O2 ft'- seed Rssinentia! Deveisproent Eedzia Columbia6PAGE 31 OF 73


62GUIDELINES FOR PROFESSIONAL PRACTICEAs noted in Section 1, a landslide assessment is a combination <strong>of</strong> (1) landslide analysis(recognition, characterization and estimation <strong>of</strong> hazard, and may include estimation <strong>of</strong>potential consequences), and (2) a comparison <strong>of</strong> the results <strong>of</strong> the analysis with a level<strong>of</strong> landslide safety (CSA 1997).A landslide analysis can either be a landslide hazard analysis or landslide risk analysis.The CSA (1997) defines a hazard as 'a source <strong>of</strong> potential harm. or a situation with apotential for causing harm, in terms <strong>of</strong> human injury; damage to health, property, theenvironment, and other things <strong>of</strong> value; or some combination. Of these:" Landslide riskconsiders both landslide hazard and potential consequences to elements at risktelements<strong>of</strong> social, environmental, and economic value, including human well-being andProPelt11)1° -A landslide assessment compares the result <strong>of</strong> a landslide analysis with a level <strong>of</strong>landslide safe' to determine if the residential development will be 'safe' from the effects<strong>of</strong> landslides. As noted in Appendix C, no province-wide defined level <strong>of</strong> landslide safetyhas been adopted. Only a few local governments in the province have adopted definedlevels d'iandslide safety'.The following sections provide guidelines for carrying out landslide analyses and, wherea defined tete& <strong>of</strong> landslide safety . has been adopted, for carrying out landslideassessments. Where a defined level <strong>of</strong> landslide safety has not been adopted, guidanceis provided to assist the Qualified Pr<strong>of</strong>essional in fulfilling the requirements <strong>of</strong> theprovincial legislation.Appendix 0 to these Guidelines is a Landslide Assessment Assurance Statement thatmust be completed, signed, sealed and dated; and submitted by the QualifiedPr<strong>of</strong>essional, along with the J'andslide assessment report, to the Approving Authority3.1 iNITIATION3.1.1 Phases <strong>of</strong> a :Land:Ude AssessmentA landslide assessment typicahy involves the following phases:• initiation: determination <strong>of</strong> objectives, tyce <strong>of</strong> landslide as Assn:writ level <strong>of</strong>effort, study area• collection and review <strong>of</strong> background information• landslide hazard or landslide risk anal,„isis• comparison <strong>of</strong> the results <strong>of</strong> the landslide analysis with a level <strong>of</strong> landslide safety• if requested, recommendations to reduce landslide hazards andior landsliderisks, and• reporting.These Guidelines follow the steps in the Canadian Standards Association's riskmanagement process from initiation to risk control, but exclude the action/monitoringphase (CSA 1997Other den:: CnS <strong>of</strong> hazard and risk exist. The choice <strong>of</strong> definitions rests Atti the Qua fliedPr<strong>of</strong>essiona' ::a .:;though the definitions should be included in the iandsi'ide assessment reoct.Gobebnes ler Legislated Landsiitte A.ssessment: 17AFCGBc March 20S51Reused September 2S32 for Prepvt,eb Resiberette Development' M British Gb4brisbiePAGE 32 OF 73


63The following sub-sections provide pr<strong>of</strong>essional practice guidelines for the abovephases. The information in this section can assist in defining the scope <strong>of</strong> the landslideassessment. however, it is not intended to be exhaustive, and pr<strong>of</strong>essional judgment isrequired when adding to or subtracting from specific phases.3.1.2 ObjectivesThe objectives <strong>of</strong> a landslide assessment are <strong>of</strong>ten defined by legislated requirementsfor either subdivision approval, development permit, building permit, or flood plain bylawvariance or exempton..The Qualified Pr<strong>of</strong>essional should be aware <strong>of</strong> applicable legislated requirements.He/She should also be aware <strong>of</strong> the level <strong>of</strong> iandslide safety that has been adopted bythe approving jurisdiction, and jurisdictional guidellnes for carrying out landslideassessments and/or preparing the iandslide assessment report.3.1.3 Type <strong>of</strong> Landslide AssessmentThe objectives <strong>of</strong> .a landslide assessment for residential development will determinewhether a landslide hazard or andslicie risk assessment is appropnate.A landslide hazard assessment• recognizes and characterizes landslides (active, inactive., dormant and potential)within and if required, beyond the residential development• estimates associated landslide, ,hazards, and• compares estimated hazards with a level <strong>of</strong> landslide safety adopted by theapproving jurisdiction.A landslide risk assessment, in addition to a landslide hazard analysis: •• identifies existing and, where anticipated, future elements at risk• estimates potential consequences to those elements at risk, and• compares estimated risks with a level <strong>of</strong> landslide safety adopted by theapproving jurisdiction..3.1 A Level <strong>of</strong> EffortThe appropriate level <strong>of</strong> effort <strong>of</strong> a landslide assessment is a function <strong>of</strong> the objectivesand type <strong>of</strong> as sessment along with size <strong>of</strong> the study area; stability and geological andgeotechMcal, c:mplexity <strong>of</strong> the terrain; type <strong>of</strong> residential development: elements at risk,:and availab . q LJ ality and reliability <strong>of</strong> background information and field data.Overview i'E.,.fide assessment,z are tpi;:,..3vy rap-based using available provincialtopographic maps at 1:20.00C or larder more detailed) scales, or larger scaletopographic maps prepared specifically for the project (e.g. 1:5000 to 110,000 scale).Overview andalide assessments usually require at least a reconnaissance intensity <strong>of</strong>field work, but depending on the purpose and mapping scaie they may require a greaterintensity <strong>of</strong> field work. They delineate zones <strong>of</strong> landslide hazard andlor landslide riskwhere further field work is required or, with a greater leve; <strong>of</strong> effort, they can delineatepotential landslides and potential hazards anthor risks_ Results can then be comparedwith an adopted level <strong>of</strong> landslide safety.Suicir-A..ines ler Lecisisted Azseszurent 18APSSEC •March SeptembsT ZOOS fo.r Prams.eci- Rezi6enta!Deyet.,pmentBft COIUMb4PAGE 33 OF 73


64Detailed landslide assessments are typically field work intensive. The study area istypically ground traversed at a detailed intensity level, areas: prone to landslides aredelineated and characterized, and estimates <strong>of</strong> hazard or risk are made_ Some detailedlandslide assessments may require one or more speciatty services as described inSection 3, Accompanying maps or plans are typically larger (more: detailed) than1:5,0110 scale. The results can then be compared with an adopted level <strong>of</strong> landslidesafety.it is sometimes useful to use a phased approach <strong>of</strong> ;Elr,c's ,'de assessment trending fromoverview to more detailed.3.1.5 Study AreaLandslide assessments for residential development are either carried out for a parcel <strong>of</strong>land in the case <strong>of</strong>:subdivision: approvals: or flood plain bylaw , variance or exemption) orfor a specific site (in the case <strong>of</strong> development permits or building permits). The studyarea should be determined by the size <strong>of</strong> the parcel <strong>of</strong> land or the size <strong>of</strong> a specific site,as well as the stability: and geological and geotechnical complexity, <strong>of</strong> the terraininvolved, and the type <strong>of</strong> existing and residential development The study area shouldnot necessarily be Limited to the property or to the specific site, but may include otherproperties or sites that could potentially affect, or be affected by, slopeSome types <strong>of</strong> landslides can travel lone distances. if it is possible that landslides fromremote sources such as upper watershed areas, glacial lakes, dammed lakes andvolcanoes could affect the residential development, the study area should also includesuch areas where appropriate.3.2 BACKGROUND INFORMATIONPrior to field work, the Qualified Pr<strong>of</strong>essional should collect, possibly: with the help <strong>of</strong> theaent, available existing information associated with the study area. The QualifiedPr<strong>of</strong>essional should consider the following, and their respective levels <strong>of</strong> reliability, aspossible sources <strong>of</strong> existing information:• large and small scale topographic and cadastral reaps• maps that snow existing proposed infrastructure such as transportationroutes, utilities. surface -drainage, in-ground disposal <strong>of</strong> storm water, and inarounddisposal <strong>of</strong> waste water andfor sewage• airphotos <strong>of</strong> different years (historical to present) and scales• terrain maps, terrain stability maps, landslide inventories, landslide hazard mapsand reports• bedrock and surfl6al: geology• seismic data including: seismic hazard maps and reports: ground motion data,seismic Site Class, and modal magnitude values <strong>of</strong> the design earthquake• water well records and hydrocieology: reports• in areas <strong>of</strong> logging: forest cover maps, forest developmentstewardship plans,watershed assessments, terrain stability' assessments, past and proposed forestroad construction and logging, and other relevant iogging-reiated information• flood plain mapping and alluvial fan mapping• evidence and history <strong>of</strong> wiidfires in the area• other resource inventory maps and reports,• previous development, including residential and non-residential, and associatedinfrastructure, andAPZ-...5B::: *Ma:1:h 2CEIRsvted Sepzernbc• 20 DE! foravideOles faf Legisieed Landsids As.seszanentie4 Resioenrial Levelopmerr: in Briboh ColumbiaPAGE 34 OF 73


65• previous geological, geotechnical and landslide assessment reports that addressthe study area and, if available, neighbouring areas.Landslide: assessment reports from neighbouring areas can be useful to the :QuaffedPmfessional and, in this regard, the brat and provincial governments are encouracied tomake such reports available to the Quaffed Pr<strong>of</strong>essional.Information can also be obtained from published and non-published sources fromvarious federal and provincial aoencies, local governments and other local sources.For landslide assessments <strong>of</strong> larger areas, purchasing or obtaining project-specificinformation, in addition to existing background information, may be useful. Examplesare airphotos, high-resolution satellite imagery, and LiDAR (Light Detection andRanging) images that can: be used for geological and geomorphoiogical mapping andiortopographical mapping..Background information should be reviewed prior to undertaking subsequent phases,and the Qualified Pr<strong>of</strong>essional snould consider the reliability <strong>of</strong> such information. Ifinformation is known to be available and the Qualified Pr<strong>of</strong>ession-al did not for was notable to) obtain it, the circurnstan:ces should be reported,3.3 FIELD WORKLandslide assessments rely to a large extent on field work Field work is <strong>of</strong>ten precededby <strong>of</strong>fice-based interpretation <strong>of</strong> airphotos and possibly other imagery and mapping thatcan be used to identify', verify and chara:cteriie terrain conditions, landslides andpotentially unstable SlOp.E'S, and elements at riskThe intensity <strong>of</strong> field work depends on the objectives, type fandn,licie assessment andlevel <strong>of</strong> effort along with the size <strong>of</strong> the study area: stabinty and geological andgeotechnical complexity <strong>of</strong> the terrain: type <strong>of</strong> residential develtionient elements at riskand availability, quality and reliability <strong>of</strong> background information,Depending on the above, intensity <strong>of</strong> field work can range from:• reconnaissance or overview site visit, to detailed examination <strong>of</strong> the entire studyarea, to detailed measurements <strong>of</strong> pr<strong>of</strong>iles and cross sections and other surveys• reconnaissance fly-avers to detailed and systematic foot traverses, and• surface observations to subsurface investigations and specific tasks such asdencirochronological studies andior laboratory , analyses <strong>of</strong> soil or rock samples.The Qualified Pr<strong>of</strong>essiona' must exercise pr<strong>of</strong>essional judgment when determining theintensity <strong>of</strong> field work and which specific areas to visit in the field, Field work shouidconsider different types <strong>of</strong> landslides and potentia4y unstable slopes within and, ifrequired, beyond the residentief developme,nt. Rugged or difficult-to-access terrainshould not deter required field work in areas witn questionable: siope stability. As part <strong>of</strong>determining supporting rationale, field work should review areas <strong>of</strong> past instability andshould assess the possible causes <strong>of</strong> suchComplex geological conditions can have a pr<strong>of</strong>ound effect on the slope stability <strong>of</strong> a:residential development, and frecuently such geological complexity is hidden. TheQualified Pr<strong>of</strong>essional should recognize the potential for slope instability. SuchAPESEC •March 2COWR ed Semmes, caviefeknes, r egisiered Lancisiide Assessments 20rfor Fn i.e. Resident4Irievebpreent Efitise Cajun-464PAGE 35 OF 73


66recognition can be initially based on local experience and review <strong>of</strong> backgroundairphotos, but typically also requires experienced, quality field work. Seismic slopeanalyses require comparatively detailed knowledge <strong>of</strong> subsurface bedrock, soil andgroundwater conditions.The Qualified Pr<strong>of</strong>essional should appropriately record field observations and results <strong>of</strong>field investigations. Ground photographs, stereo ground photographs, videos andiorGPS landmarks should be considered as means <strong>of</strong> documentation.if there are specific areas or sites <strong>of</strong> importance, or if a building envelope or covenantboundary is to be recommended., temporary survey markers should be located andappropriately labelled during the field work. The Qualified Pr<strong>of</strong>essional should considerrecording these areas or sites by means <strong>of</strong> photographs (with temporary survey markersin place) or GPS landmarks_Landslide assessments depend to a large extent on observation and evaluation <strong>of</strong>underlying geological conditions by experienced Qualified Pr<strong>of</strong>essionals. The delegation<strong>of</strong> field work to a less experienced engineer, geoscientist, technologist or technician,under the supervision <strong>of</strong> a Qualified Pr<strong>of</strong>essional, should be done judiciously (refer toSection 5.2).3.4 LANDSLIDE HAZARD AND LANDSLIDE RISK ANALYSES3.4.1 Methods <strong>of</strong> Landslide AnalysisThe first step in a landslide analysis is to recognize and characterize the landslide.{active, inactive, dormant and potential), within and, if required, beyond the residentialdevelopment. The next step is to analyze, dither quantitatively or qualitively, thehazard and, for a risk analysis, the potential consequences to elements at risk.Landslide nazarri can be estimated in a number <strong>of</strong> ways that include, but are not limitedto, estimating:• likelihood or probability <strong>of</strong> occurrence <strong>of</strong> a landslide,• factor <strong>of</strong> safety <strong>of</strong> a slope, or• slope displacement along a slip surface.The results <strong>of</strong> the above estimate, must then be combined with an estimate <strong>of</strong> landsliderunout (for residentia dem.opraent at the bottom <strong>of</strong> the slope l or an estimate <strong>of</strong> wherethe main scarp <strong>of</strong> the landslide will intersect the ground (for residential development on,or at the top <strong>of</strong>, the slope).Common methods <strong>of</strong> estimating landslide risk include, but are not limited to, riskmatrices, event tree decomposition and cuantitative risk analysis (ORA), including the.use <strong>of</strong> F-li (frequency-number <strong>of</strong> fatality) pots.The choice <strong>of</strong> which analytical method to use depends on a number <strong>of</strong> factors includingwhether the parcel <strong>of</strong> land or specific site <strong>of</strong> interest is upslope, downsiope or on theslope being analyzed; configuration <strong>of</strong> the slope; and most likely type <strong>of</strong> landslide. Thechoice also depends on the level <strong>of</strong> hazard and eiements at risk. in seismicaliy activeareas, seismic slope analyses should be considered as part <strong>of</strong> the landslide analys(refer to Section 4). The selected analytical method must provide results that aretechnically defensible, and can be compared with any adopted level <strong>of</strong> iandsiide safety.fv. Legislated Lendskde AssessmentsAPE55L • March 2C ev' ed Sep:ember 2108 for Frapozed Re.sigenda) LisveP2pmentBriCsiumix'aPAGE 36 OF 73


67The Qualified Pr<strong>of</strong>essional should also consider jurisdictional guidelines for carrying outa landslide analysis, if they existThe landslide analysis should clearly state assumptions made, including a description <strong>of</strong>the proposed residential deveiopment. The analysis should also provide a cleardescription <strong>of</strong> the magnitude and intensity <strong>of</strong> the landslides that are envisioned, includingparameters such as velocity and flow depth that are useful to describe thedestructiveness <strong>of</strong> the landslide at: various locations along the slide, fall or flow path.Generally, any landslide analysis method requires a good deal <strong>of</strong> pr<strong>of</strong>essional judgment,and assumptions should be carefully considered and clearly stated in the landslideassessment report..3.4.2 Quantitative vs QualitativeLandslide hazard and landslide risk anaiyses can be carried out and the results can beexpressed, either quantitatively or qualitatively_ Quantitative estimates use numericalvalues or ranges <strong>of</strong> values, while qualitative estimates use relative terms such as high,moderate and low. Both quantitative and qualitative estimates can be based on eitherobjective (statistical or mathematical) estimates or subjective (pr<strong>of</strong>essional judgmental orassumptive) estimates, or some combination <strong>of</strong> both.No standard definitions exist for relative qualitative terms. Therefore, to avoid ambiguity,such terms must be defined with reference to quantitative values or ranges <strong>of</strong> values.Quantitative estimates may be no more accurate than qualitative estimates. Theaccuracy <strong>of</strong> an estimate does not depend on the use <strong>of</strong> numbers. Rather. it depends onwhether the components <strong>of</strong> landslide hazard and landslide risk analyses have beenappropitately considered: and on the availability, quality and reliability <strong>of</strong> required dataSection 4 addresses quantitative seismic slope analysis.The decision whether to carry out and report the results <strong>of</strong> a landslide analysisquantitatively or qualitatively also depends on how the adopted level <strong>of</strong> landslide safetyis expressed, and/or the requirements <strong>of</strong> the Approving Authority.3.4.3. Consideration <strong>of</strong> Changed Condition:Landslide analysis requires consideration <strong>of</strong> changes to existing conditions. including:• changes to siope geometry from either natural geomorphic processes or humanactivities• changes to groundwater andior surface flow patterns from either natural changesin precipitation trends and run<strong>of</strong>f patterns, or human activities and urbandevelopment• changes in land use andior changes. resulting from resource development• natural processes such as earthquakes and volcanic eruptions, and• wildfires and insect: infestations on treed slopes.3.5 LANDSLIDE ASSESSMENTTo complete: a. landslide assessment, the Qualified Pr<strong>of</strong>essional must compare theresults <strong>of</strong> the landslide analysis with a level <strong>of</strong> landslide safety. ideally, the level <strong>of</strong>Suideines te7Leaistated Landthde Assezzraerri7 22_APESSC sktarch 2005;Reinset aeplernbsr 2ZDE in,Prapssd Rearbeneall5elec-Aurnent Bntiva GmumbiaPAGE 37 OF 73


68safety used for comparison should be a defined level <strong>of</strong> landslide safety that has beenadopted by the approving jurisdiction.As noted in Appendix C, the. statements that the land may be used safely for the useintended" and 'that development may safely occur' used in provincial legislation andassociated guidelines are not considered defined. Only a few local governments in theprovince have adopted a defined level <strong>of</strong> landslide safer}.in addition, although words such as 'certify' and "duarantee are used in everydaylanguage, they have specific legal meanings and Qualified - Pr<strong>of</strong>essional's should avoidthe Use <strong>of</strong> such words. APEGBC considers that when a Qualified Pr<strong>of</strong>essional signs..seals and dates a document he/she is certifying that document, although it is recognizedthat this view is not held by all Approving Authorities.When preparing landslide assessment reports for jurisdictions that have adopted adefined level <strong>of</strong> landslide safety. the Qualified Pr<strong>of</strong>essional should refer to that level, andfollow jurisdictional guidelines for carrying out a landslide assessment. For example, ifan approving jurisdiction has adopted a level <strong>of</strong> landslide safety <strong>of</strong> 10% probability in 50years <strong>of</strong> a landslide affecting a proposed building, the Qualified Pr<strong>of</strong>essional could uselanguage such as:"[I, we or the name <strong>of</strong> the firm] estimate the likelihood <strong>of</strong> a Ian slide occurring anderecting the proposed building site is low, which is defined as having a probability <strong>of</strong>less than 10% in 50 , years_ The [approving jurisdiction] has adopted a 10%probability in 50 years <strong>of</strong> a landslide affecting a building as its level <strong>of</strong> landslidesafety. Therefore, as required by the [refer to Act and section], it is [my, our or thename <strong>of</strong> the firm's] pr<strong>of</strong>essional opinion that the land may be used safely for the useintended.'A statement such as that above should refer to the assurriptions used in iandslydesanalysis (refer to Section 3.4.1).If the Qualified Pr<strong>of</strong>essional cannot make a statement in support <strong>of</strong> the proposedresidential development, heiShe should state the reason for being unable to make sucha statementWhen preparing landslide assessment reports for approving jurisdictions that have notadopted defined levels <strong>of</strong> landslide safety - the Qualified Prafessional should follow theappropriate jurisdictional -guidelines for carrying out a landslide assessment, butwhenever possible he/she should avoid use <strong>of</strong> statements such as "certify that the landmay be used safeiy for the use intended' or 'that development may safely occur.'Although APEGBC does not agree with using undefined sta tements such as 'that theland may be used safely for the use intended' and that development may safely occur'until there are defined levels <strong>of</strong> landslide safeiv and where the Approving Authorityrequires such a statement, the Qualified Pr<strong>of</strong>essions! should define or qualify the term'safe' in relation to:• method <strong>of</strong> landslide hazard orlands/lde nsi: analysis used▪ appropriate regional, provincial and/or national guidelines, anda specific provincial legislation (Act and section) for which the landslideassessment report is being, prepared.AP'EGBC •March 2C-05iRerset Septaguidefine4 Legis47ed Lancisiite Azseasfor Prop=s Reziaant'a!Deve.bprnarrt in British CoaumNaPAGE 38 OF 73


69The Qualified Pr<strong>of</strong>essional should ask his/her pr<strong>of</strong>essional liability insurer if there couldbe coverage issues relating to providing such landslide assessments_If the Client directs. the Qualified Pr<strong>of</strong>essional to submit the landslide assessment reportto an Aoproving Authority, the Qualified Pr<strong>of</strong>essional must also complete, sign, seal anddate a Landslide Assessment Assurance Statement (Appendix D to these Guidelines)and submit: it along with the landslide assessment report. The Statement is patternedafter BC Building Code Schedules 3-1, B-2 and C.B.3.6 MEASURES TO REDUCE LANDSLIDE HAZARDS AND/OR LANDSLIDERISKSIf unacceptable levels <strong>of</strong> landslide safety are identified it may be appropriate, andrequired, that the Qualified Pr<strong>of</strong>essional provide recommendations for measures toreduce landslide hazards andior landslide risks. MeaRures can be 'passive' such ascovenants or relocation <strong>of</strong> proposed buildings, or 'active' such as stabilization orprotective works. Residual risks, or those that remain should the recommendations beimplemented, should be estimated and clearly explained_Design <strong>of</strong> stabilization or protective works may be beyond the scope <strong>of</strong> the landslideassessment, and may be considered a specialty engineering service. ideally,conceptual designs should be submitted to the local . Government for approval in principlebefore time and effort is expende.d on detailed designs. Stabilization or protective worksmust not transfer landslide hazards andior landslide risks TO other properties.Stabization or protective works that are constructed to reduce landslide hazards andlorlandslide risks on multiple properties may require ongoing operation and maintenancethat may have to be approved by the local andior provincial government, possiblyincluding the provincial Inspector <strong>of</strong> Dikes.. In addition, the local government andiorprovincial government may require permanent access to such works.3.7 REPORTWritten reports are the means by which the Qualified Pr<strong>of</strong>essional communicates theresults <strong>of</strong> hisTher landslide assessment to the Client and along with the LandslideAssessment Assurance Sitaie.merit. to the: Aporovind Authority. Report formats will varydepending on the objective_ type <strong>of</strong> landslide hazard or .iandslide risk analysis, and level<strong>of</strong> effort. If they exist, the Qualified Pr<strong>of</strong>essional . should follow jurisdictional guidelinesfor preparing the landslide assessment report. The Qualified Pr<strong>of</strong>essional shouldconsider reviewing the format and contents <strong>of</strong> the landslide assessment report with theClient and the Approving Authority prior to finalizing the report.Typically, a landslide assessment report should include the following:• legal description <strong>of</strong> the property• location map or description <strong>of</strong> property relative to well known Geographic features• objectives, method <strong>of</strong> landslide hazard or landslide risk analysis, and level <strong>of</strong>effort• iist <strong>of</strong> background information available, collected and reviewed, and itsrelevance'• terrain or physical description <strong>of</strong> the study area• map or plan <strong>of</strong> the property including topography, natural features, existingstructures, roads, infrastructure and surface drainageGtgdetmes far Legisialed Landside Assessments 24APEGBC • March 202aiReved Septembe,T 2130a tor Propvsed Resioemial Detc4zpment in 5rtii aolumWaPAGE 39 OF 73


70• description <strong>of</strong> proposed residential development• methods and intensity <strong>of</strong> field work• observations <strong>of</strong> topography, geology, iandslide processes and elements at risk• if appficable, adopted level <strong>of</strong> landslide safety used for comparison• results <strong>of</strong> the landslide assessment• conclusions, accompanied by supporting rationale• recommendations, if requested and as required, to reduce the landslide hazardsand/or landslide risks• an estimate <strong>of</strong> the associated residual risks if the recommendations areimplemented• if required, recommendations for further work and requirements for futureinspections, and by whom• definitions <strong>of</strong> qualitative terms, technical terms, concepts and variables• other information as specified in the agreement with the Client, or as required injurisdictional guidelines,• references, including maps and airphotos, and,• limitations and qualifications <strong>of</strong> the assessment and report, assumptions, errorlimits and uncertainties.Reports should be accompanied by drawings, figures, sketches, photographs, test holeor test pit Ions, laboratory test results, other tables and/or other support information asrequired_ Graphic information should be consistent with the information in the text.Maps or plans should delineate the areas <strong>of</strong> iaridslide hazard and landslide risk inrelation to existing and proposed residentiai development.The report should be clearly written with sufficient detail to allow the Client. AprovingAuthority and others reviewing the report to understand the methods, information usedand supporting rationale for conclusions and recommendations, without necessarilyvisiting the property or site. Landslide assessment reports are frequently included aspart <strong>of</strong> a covenant on the Title, and should be written accordingly.The Municipal Insurance Association <strong>of</strong> British Columbia (Skermer 2002). recommendsan independent external peer review <strong>of</strong> the report it the Aportyaric Authority feels thereport is inadequate_ Most Approving Authorities require the Cher to beer the costs <strong>of</strong>such independent reviews. In some instances., a field visit by the reviewing QualifiedPr<strong>of</strong>essional may be warranted, and the necessity <strong>of</strong> such a visit should be at thediscretion <strong>of</strong> the reviewer_A peer review <strong>of</strong> the landslide asa-essn -tent report, prior to its. submission to the Clientand Approving Authority, is stronoly encouraged as part <strong>of</strong> the quality assurance/qualitycontrol program (refer to Section 5)..3..8 LIMITATIONS AND QUALIFICATIONS OF A LANDSLIDE ASSESSMENTThe limitations and qualifications <strong>of</strong> a landslide assessment depend on the objectives;method <strong>of</strong> landsilde hazard or landslide risk analysis; level <strong>of</strong> effort; size <strong>of</strong> the study .area stability and geological and geotechnicai complexity <strong>of</strong> the terrain; type <strong>of</strong>residential development- elements at risk; availability, quality and reiiabiiity <strong>of</strong>background information and field data; intensity <strong>of</strong> field work; experience and localexperience <strong>of</strong> the Qualified Pr<strong>of</strong>essional; and whether or not a defined level <strong>of</strong> landslidesafety has been adapted by the approving jurisdiction.SaineWlesft.'Lepl'sia:ed Landsiide Assessment 25AP5GB a March 2eCtiRevriec; September 2502 for etCp0Tet Re.onent .;.:' rievetpment Erttiail irePAGE 40 OF 73


71Although field work associated with a landslide assessment can provide reasonablecoverage <strong>of</strong> the study area, field work may not cover the entire study area or all areaspotentially affected by the residential development. The extent <strong>of</strong> field work should bedescribed in the report..Many aspects <strong>of</strong> a landslide assessment are qualitative and subjective based onobserved, inferred and assumed conditions. Only some landslide assessments includesubsurface investigations, sampling, instrumentation, monitoring and laboratory testing.Conclusions and recommendations. are based on the assumption that standard methods<strong>of</strong> residental development will be followed. Non-standard development, design andiorconstruction recommendations should be clearly described. Substandard practices <strong>of</strong>construction may render the conclusions and recommendations invalid.A landslide assessment is prepared to obtain a subdivision approval, a developmentpermit, a building permit or a flood plain bylaw variance or exemption. The assessmentand the associated report is typically one early step in the residential developmentprocess. Usually, more detailed planning and/or engineering design is required tocontinue the development process.A landslide assessment cannot be relied on in perpetuity. Although both the Client andthe :Qualified Pr<strong>of</strong>essional should attempt to anticipate reasonable changes that couldaffect the results <strong>of</strong> the landslide assessment, the 'shelf life' <strong>of</strong> a landslide assessmentreport depends on the occurrence <strong>of</strong> subsequent landslides, changes in land use, sitedevelopment, Land Owner neglect or the discovery <strong>of</strong> previously unknown information.Limitations and qualifications, including those associated with background information,assumptions, sources <strong>of</strong> error and ranges <strong>of</strong> values, should be described clearly in thereport.3,9 SPECIALTY SERVICESFor some landslide assessments for residential development, specia lty services may berequired. Such services may include:• detailed slope stability analysis• complex slope displacement analysis• piezometer andior slope indicator installation and monitoring• landslide ninout modeling• hydraulic discharge modeling• landslide magnitudeffrequency modeling• investigation <strong>of</strong> specific landslides• coordlnation <strong>of</strong> mooning, from several different landslide specialists• investigation for, and design <strong>of</strong>, slope stabilization works• investigation for, and design <strong>of</strong>, structural protective works• investigation far, and design <strong>of</strong>, debris flow control structures, and• subsurface drainage design.Specialty services may be beyond the scope <strong>of</strong> some landslide assessments, TheClient should not expect such services to be automatically included in a landslideassessment. This should be clear in the agreement between the Otraiffied Pr<strong>of</strong>essionaland the Client. If, during the course <strong>of</strong> the landslide assessment, the QualifiedPr<strong>of</strong>essional identifies a need for specialty seivices, he/she should advise the Ciient.Guidennesicr Lsnisiated Lancisike ri,Esessrnent, 26APESEC *March 201tiRrnise2 SeptembsT NOE for Pmposi,d sissitientlarDeveinpment in Brinsh CaintnniaPAGE 41 OF 73


72and either revise the scope <strong>of</strong> work or recommend another approprtatey QualifiedPr<strong>of</strong>essional to carry out the specialty service or services.A Pr<strong>of</strong>essional Engineer must take responsibility for specialty services that involveA Qualified Pr<strong>of</strong>essional may be needed to coordinate landslide assessments wheremultiple hazards exist.G Vitt, g Ames far LegisiVed Lancisfi/P. A SS-S.1-3MM:: 27APEGBC, • March .20:151Ree


734. SEISMIC SLOPE ANALYSISAs discussed in Section 3.1.4, the landslide hazard component <strong>of</strong> landslide analysis canbe estimated in a number <strong>of</strong> ways.in seismically active areas <strong>of</strong> BC, earthquakes can destabilize slopes leading tolandsticies,, can cause liquefaction leading to landslides andior can cause slopedisplacements. Therefore, seismic slope stability analysis, or seismic slope-displacement analysis (collectively referred to as seismic slope analysis) may berequired as part <strong>of</strong> the landslide analysis.4.1 SEISMIC SLOPE ANALYSIS FLOWCHARTFigure 4.1 is a flowchart to help determine the appropriate method <strong>of</strong> seismic slopeanalysis. Initially, the .type <strong>of</strong> potential slope hazard (for example rock fall, debris flow,earth slide, earth slump, or liquefaction) should be identified, then the appropriate flowpath on Figure 4.1 should be followed, in the case <strong>of</strong> more than one slope ha7ard, ortypes <strong>of</strong> slope hazards, several different types <strong>of</strong> seismic slope analyses may beappropriate.Regardless <strong>of</strong> the method <strong>of</strong> seismic slope analy,sis, the results should then be used tocomplete the landslide analysis and used in the landslide assessment.4.1.1 Landslide Hazard or Riskif the slope hazard lends itself to a landslide hazard analysis or a landslide risk analysis(for example,. rock fail. rock avalanche or debris fiow) Row Paths 1 or 2 <strong>of</strong> Figure 4.1should be followed_4.1.2 Liquefaction or Strain S<strong>of</strong>teningIf the slope hazard is due to liquefaction or strain-s<strong>of</strong>tening, Flow Path 3 <strong>of</strong> Figure 4.1should be followed. Procedures to estimate the potential for, and consequences <strong>of</strong>,liquefaction are referenced in Appendix G.4.1.3 Factor <strong>of</strong> Safety and/or Slope Displacements.if liquefaction or strain s<strong>of</strong>tening is not considered an issik.‘, the factor <strong>of</strong> safety andiorthe amount <strong>of</strong> slope displacement should be estimated. These procedures are shown inFlow Path 4 <strong>of</strong> Figure 41, and described below.Step 1 is to determine the factor <strong>of</strong> safety (FS) using a pseudo-static limit equilibriumslope stability analysis with a seismic coefficient (k) equal to the 2% in 50-year peakground acceleration (PGA). if the resulting FS .1 1..0, no further seismic slope analysis isrequired_if :FS < U., and it is a soil slope, then further seismic siope analysis is warranted too toStep 2).Step 2 introduces two methods <strong>of</strong> seismic slope analysis for soil slopes as described inAppendix E.• Method 1 invoives estimating the median slope clispiacernent along a slip surfacewith parameters that reflect sloe properties and local seismicity (Appendix E.Equation 1). This slope displacement has an annual probability <strong>of</strong> 114753. AemideOhez far Lersista*d LarraziAssessrnerial 28APESSC •March 2120,Re*sed Sepserriber MOE for Pa! Deirefopfreri CoaramtmPAGE 43 OF 73


74slope displacement along the slip surface <strong>of</strong> 15 cm or less is consideredacceptable when the sliding surface is between the proposed residential buildingand the face <strong>of</strong> the slope.• Method 2 is based on pseudo-static limit equilibrium seismic slope stabilityanalysis <strong>of</strong> soil slopes, similar to current practice. This method uses a slopedisoiacernerit-based seismic coefficient (k, 5 ) given by Appendix E. Equation 4,• that is equivalent to a tolerable slope displacement along the slip surface <strong>of</strong> 15cm, when the slope is subjected to 2% in 50-year ground motions'.Slope displacements along the slip surface <strong>of</strong> 15 cm or less, or FS(kis) a 1.0, areconsidered tolerable with respect to life safety", as described in NBCC 2005,Commentary on. Design for Seismic Effects in the User's Guide, StructuralCommentaries,. Part 4 <strong>of</strong> Division B.'The primary objective <strong>of</strong> seismic design is to provide an acceptable level <strong>of</strong> safetyfor building occupants and the general public as the building responds to strongground motion.: in other words, to rninirne loss <strong>of</strong> life This implies that, althoughthere will likely be extensive structural and non-structural damage, during the DGM(design ground motion), there is a reasonable degree <strong>of</strong> confidence that the buildingwill not collapse nor will its attachments break <strong>of</strong>f and fall on people near thebuilding. This performance level is termed 'extensive damage' because, althoughthe structure may be heavily damaged and may have lost a substantial amount <strong>of</strong> itsinitial strength and stiffness, it retains some margin <strong>of</strong> resistance against collapse*.The tolerable slope displacement <strong>of</strong> 15 cm is proposed as a guideline, based onexperience with residential wood-frame construction. This guideline is not intended to•preclude a Qualified Pr<strong>of</strong>essional or an Appmving Autho* from selecting anotherappropriate value. Tne Qualified Pr<strong>of</strong>essional should strive for a balance between thelocation <strong>of</strong> the proposed residential building and the associated seismic slope4.1.4 Complex Slope Displacement Analysisin some instances, for slope materials that can liquefy or strain s<strong>of</strong>ten (Flow Path 3), orfor some soil slopes (Flow Path 4), complex slope displacement analysis (for example,seismic response or dynamic numerical displacement analyses) may be warranted.Such instances include, but are not limited to, slopes:• that do not meet the above slope displacement (Flow Path .4) or factor <strong>of</strong> safety(Flow Path 3 or 4) criteria• composed <strong>of</strong> very s<strong>of</strong>t or sensitive clay or silt soils• where soil-structure interaction analysis may allow slope displacements greaterthan 15 cm. or• where an estimate <strong>of</strong> landslide runout at the base <strong>of</strong> the slope is required.Complex slope displacement anaiysis typically requires specialized knowledge.1..4 The use <strong>of</strong> a pseudo-static limit equilibrium 'analysis with,: a seismic. coefficient that is not calibrated to aslope displacement along the slope surface <strong>of</strong> 15 cm is r: recommended because there is no atonalbasis for doing so.Guidetnes tcr Legideted Lenefsa/s Asses.smentsAPE SS • March 2C2VRev:seti September 2S:02 Pncpo5ed Fiesieemial Devetpmen: H .■ British Ccioinn&aPAGE 44 OF 73


754.2 REVIEW OF EARTHQUAKE-INDUCED LANDSLIDESAppendix F provides some global examples <strong>of</strong>, and references to, earthquake-inducedlandslides. The examples and references provide a general understanding <strong>of</strong> howearthquakes cause, or at 'least trigger, landslides, and provide a range <strong>of</strong> conditions andcircumstances that can lead to. earthquake-induced landslides,Figure 4.1: Seismic Slope Analysts Flowchart geter to text for details)Guidefirkez for Leptis:red Landsikla Au-enr - 30APE136 .3 .41March 20D.EMEnret.: :Sepzember MICR for Proposed ,Resfoeuria!Davethonrent in Bern ConurthiaPAGE 45 OF 73


76QUALITY ASSURANCE/QUALITY CONTROLA Qualified Pr<strong>of</strong>essional should carry out quality assuranceiqualke control (QA/QC) forall phases <strong>of</strong> his/her landslide assessments.5.1 APEGBC QUALITY MANAGEMENT BYLAWSAs a minimum, a QA1QC program must satisfy the requirements <strong>of</strong> APEGBC QualityManagement Bylaws 14(b) (1), (2) and (4) with regards to• retention <strong>of</strong> complete project files for a minimum <strong>of</strong> 10 years• in-house checks <strong>of</strong> designs as standard procedure, and• field reviews to confirm that construction <strong>of</strong> slope stabilization or structuralprotective works are in general conformance with the recommendations <strong>of</strong> theQualified Pr<strong>of</strong>essional.5.2 DIRECT SUPERVISIONThe Engineers and Geoscientists Act (Section 1 (I)) states that direct supervisionmeans taking responsibility for the control and conduct <strong>of</strong> the engineering or geosciencework <strong>of</strong> a subordinate. With regards to direct supervision, the Qualified Pr<strong>of</strong>essionalhaving overall responsibility should consider.• geoloaical and geotechnical complexity <strong>of</strong> the terrain and level <strong>of</strong> landslidehazards andior landslide risks• which aspects <strong>of</strong> the landslide assessment, and how much <strong>of</strong> those aspects.should. be delecated• training and experience <strong>of</strong> indMduais to whom work is delegated, and• amount <strong>of</strong> instruction, supervision and review required_Field work is one <strong>of</strong> the most critical aspects <strong>of</strong> a landslide assessment. Therefore,careful consideration must be given to delegating field work. Due to the complexitiesand subtleties <strong>of</strong> landslide assessments, direct supervision <strong>of</strong> field work is difficult andcare must be taken to ensure that delegated work meets the standard expected by theQualified Pr<strong>of</strong>essional. Such direct supervision could typicaliy take the form <strong>of</strong> specificinstructions on what to cibsente: check, confirm, test., record and report back to theQuaiffied Pr<strong>of</strong>essional. The Qualified Pr<strong>of</strong>essional should exercise judgment whenrelying on delegated field observations by conducting a sufficient level <strong>of</strong> review to besatisfied with the quality and accuracy <strong>of</strong> those field observations_5.3 INTERNAL AND EXTERNAL PEER REVIEWThe QA/QC program should include, as appropriate, an internal andlor external peerreview <strong>of</strong> the landslide assessment project and report before it is submitted to the Clientand/or the Approving Authority. An internal, peer review is carried out by anotherQualified Pr<strong>of</strong>essional usually in the same firm. An external peer review is carried outby a Qualified Pr<strong>of</strong>essional who is independent and may be a specialistThe level <strong>of</strong> peer review should be discussed with the Client but based on thepr<strong>of</strong>ssional judgment <strong>of</strong> the Qualified Pr<strong>of</strong>essional_ Considerations should include thestob.y and geological and geotechnical complexity <strong>of</strong> the terrain; type <strong>of</strong> residentialdeveiopment - elements a ts aailabdrt uality and rehabtljt <strong>of</strong> backgroundinformation and field data; and the Qualified Pr<strong>of</strong>essional's training and experience..3wdebnez tar LeMsiated Landside Asses.sments 31ito:PEGBC eV:arch 20MTRevsed. Sepember - ZO138 for Procaseo: Re5ioemler.4traboment m Brb ColumbiaPAGE 46 OF 73


77The external peer review process should be more formal than an internal review and itshould be appropriately documented. An external reviewer should submit a signed.sealed and dated letter or report, to be either included with the report or put on file, thatincludes the following:• imitations and qualifications with regards to the review, and• results <strong>of</strong> the review_For both internal and external peer reviews, the name <strong>of</strong> the reviewing tialinedPr<strong>of</strong>essional should be identified in the landslide assessment report.When an external, peer review is carried out, the Qualified ,Pr<strong>of</strong>e,ssionai who signed thelandslide assessment report remains the Engineer <strong>of</strong> Record or Geoscientist <strong>of</strong> Record.The internal or external peer review discussed above is not the same as an independentreview by a Qualified Pr<strong>of</strong>essional who is retained by an Approving Authafity, orsometimes a Client, to review a landslide assessment report after it has been submitted(refer to Section 2.2.4).APESEC •tljrch .2C15:P.svised Septernter 20132far Leinted Lendaiks. AS5#2-.5.5ments 32Prantn3ed :"4-Zs.zinent'e!fierlis.ln,ornntn British Cniurrin4:PAGE 47 OF 73


78PROFESSIONAL REGISTRATION; EDUCATION, TRAININGAND EXPERIENCE6.1 PROFESSIONAL REGISTRATIONAs summarized in Appendix 5 <strong>of</strong> these Guidelines, the following are the pr<strong>of</strong>essionalregistration requirements for legislated landslide assessments for proposed residentialdevelopment in BC:• Land Title Act (Section 86(1)l:6)0) indicates that landslide assess.ments forsubdivision approval should be carried out by a Pr<strong>of</strong>essional Engineer or:Pr<strong>of</strong>essional Geoscientist "experience6 in geotecnnical engineering'• Local Government Act (Section 920(11)1 indicates that, for a development permit,the local government may require a report from a Pr<strong>of</strong>essional Engineer withexperience relevant to the applicable matter"• Community Charter (Section 56(1)) indicates that landslide assessments forconstruction should be carried out by a Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional.Geossientist with experience or training in geotechnical study and geohazardassessments"• Local Government Act (Section 910(5)) indicates that, for flood plain bylawexemption, a Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional Geoscientist 'experienced ingeotechnical engineenrig' is required• The provincial document associated with the Local Government Act (Section910) (Ministry <strong>of</strong> Water. Land and Air Protection, c2.004) indicates that a qualifiedpr<strong>of</strong>essional is a Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional Geoscientist with"geotechnicai engineering experience and expertise in river engineering andhydrology, and in appropriate cases, .... debris flow „.. processes,"A Pr<strong>of</strong>essional' Engineer as described above is typically registered with APEGBC in thediscipline <strong>of</strong> geoicigical engineering, mining engineering or civil engineering.A Pr<strong>of</strong>essional Geoscientist as described above is typically registered with APEGBC inthe discipline <strong>of</strong> .geolooy or environmental geoscrience'5_ Aft-hough the Land Title Act andthe Local Government Act refer to a Pr<strong>of</strong>essional Geoscientist 'experienced ingeotechnical engineering,' by definition, a geoscientist is not experienced in engineering.APEGBC interprets the Land Title Act and the Local Government Act to mean a'Pr<strong>of</strong>essional ;Geoscientist experienced in geotechnical study,' similar to that expressedin the Community Charter.Not all Pr<strong>of</strong>essional Engineers registered in the disciplines <strong>of</strong> geological engineering,mining engineering or civil engineering are necessarily appropriately knowledgeable ingeotechnical engineering geohazard assessme:nts river engineering, hydrology and ordebris flow processes. Similarly, not all Pr<strong>of</strong>essional Ge.oscientists registered withAPEGBC in the discipiines <strong>of</strong> geology or environrriental geoscience are necessarilyknowledgeable in geotechnical study, geohazard assessments and debris flows. It is theresponsibility <strong>of</strong> the Pr<strong>of</strong>essional Engineer or Pr<strong>of</strong>essional Geoscientist to determinewhether he/she is qualified by training or experience to undertake and acceptresponsibility for legislated landslide assessments for proposed residential development(APEGBC Code <strong>of</strong> Ethics Principle 2).Until 200u, APEGBC referred to The discipline <strong>of</strong> envinanmenrat oeoscience as 'oeote.chnics.'541idefinec Lsgeziazect Land,s Azzessmern 33APSSBC .March 2006!Revaed September 20BE- fore e Drnenn C ColumbaPAGE 48 OF 73


79As noted previously, as the complexity <strong>of</strong> the terrain increases, site characterization anda sound understanding <strong>of</strong> the geology and geologicalfgeomorpholooical processesbecomes more critical.With regards to the distinction between pr<strong>of</strong>essional engineering and pr<strong>of</strong>essionalgeoscience, following is an excerpt under Principle 2 <strong>of</strong> the Code <strong>of</strong> Ethics guidelines(A.PEGBC 1994; amended in 1997):"The pr<strong>of</strong>essions are distinct and registration in one does not dive a member theright to practice in the other; however, the Association recognizes that there issome ovenap <strong>of</strong> the practices <strong>of</strong> engineering and geoscience.Nothing in this principle authorizes a pr<strong>of</strong>essional -engineer to carry on an activitywithin the area <strong>of</strong> pr<strong>of</strong>essional geoscience which goes beyond the practice <strong>of</strong>pr<strong>of</strong>essional engineering and nothing in this principle authorizes a pr<strong>of</strong>essionalgeoscientist to carry on an activity within the area <strong>of</strong> pr<strong>of</strong>essional engineeringwhich goes beyond the practice <strong>of</strong> pr<strong>of</strong>essional geoscience.'On this basis,. the Qualihed Pr<strong>of</strong>essional who provides designs such as reinforced ormechanically stabilized slopes, retaining walls and other geotechnical structures toreduce tandshde hazards and/or landslide risks requires registration with APEGBC as aProlesshpnal Engineer. The Qualified Pr<strong>of</strong>essional who investigates or interprets,complex Geologica[ conditions, geomorphic processes and geochronology in support <strong>of</strong>landslide assessments is typically registered witn APEGBC as a Pr<strong>of</strong>essionalGeoscientist in the discipline <strong>of</strong> geology or environmental geoscience, or as aPr<strong>of</strong>essional Engineer in the discipline <strong>of</strong> geological engineering.6.2 EDUCATION, TRAINING AND EXPERIENCELandslide assessments, as described in these Guidelines, require minimum levels <strong>of</strong>education, training and experience in many overlapping areas <strong>of</strong> engineering andgeoscience. A 'Qualified .Probassional must adhere to APEGBC Code <strong>of</strong> Ethics Principle2 (to undertake and accept responsibility for pr<strong>of</strong>essional assignments only whenqualified by training or experience), and therefore must evaluate hisfher qualificationsand possess appropriate education, training and experience- consistent with the servicesprovided.Education, training and experience can vary depending on the Qualified Pr<strong>of</strong>essionalsbackground and whether specialty services are being provided. Whether carrying out alandslide assessment or providing specialty services, appropriate experience can onlybe gained by working under the direct supervision <strong>of</strong> a suitably knowledgeable andexeerienced Pr<strong>of</strong>essichai Engineer or Pr<strong>of</strong>essional Geoscientisi.Minimum qualificationsr- a Quailed Pr<strong>of</strong>e.ssional or a team <strong>of</strong> pr<strong>of</strong>essionals who carryout landslide assessments for residential development should include education, trainingand experience in bedrock geology, surficial geology, geomorphology, hydrology andgroundwater geology, airphoto interpretation, soil and rock mechanics, and landslide.hazard and landslide risk anaiyses.As the complexity <strong>of</strong> the terrain increases, and depending on the location in theprovince, the minimum qualifications should be supplemented by training and5taidebne5 f<strong>of</strong> LeF:s4ted Lambe kisessment 3APEGBC *March 2006iReNosed September :we frRiDevetprnert 1,13 Brit/56 Golunt4PAGE 49 OF 73


80:experience in additional subject areas as required such as Quaternary neology,structural geology, petrology, sedimentology, permafrost, slope stability analysis (bothstatic and seismic), landslide mitigation and remediation, and site investigation methods.Specialists may have to be retained to provide experience in some <strong>of</strong> the above subjectareas.The academic training for the above skill sets can be acquired through formal universityor college courses,. or through continuing pr<strong>of</strong>essional development There may besome .overlap in courses and specific courses may not correlate to specific skill sets.A Qualified Pr<strong>of</strong>essional should also remain current, through continuing pr<strong>of</strong>essionaldevelopment, with the evolving topics <strong>of</strong> landslide assessments and specialized services<strong>of</strong>fered (•efer to APEGBC Code <strong>of</strong> Ethics Principle 6). Continuing pr<strong>of</strong>essionaldevelopment can include taking formal courses; attending conferences, workshops,seminars and technical talks; reading new texts and periodica;s: searching the web: andparticipating in field trips.A specialist who <strong>of</strong>fers specialty services require educatron. training and experience inaddition to that discussed above.Guidenes far Legislated Landslide Assessment':APESBC *March 20B5Nievised SepternbeT 2BD8 for Prcdzsen. Xresiaerida? Dervzcvnent in British Goiumbia3EPAGE 50 OF 73


81APPENDIX D: LANDSLIDE ASSESSMENT ASSURANCE':STATEMENTNote: Tht Statement 'is to be read and camp/ate:1 in conjunction with trie 'A.PEGSC Guidelines for Legislated LanosdrieAssessment; for Proposes Residential Deusloom-tot in Bnitish Columbi.*: Ma .CT 26.Fiteifised September MC'S t;'APESBC'au:tante/ and tire 'He? SC Building :cite fBCBC 20B3).. and is to he pdovined dar ;an:AS*4 assess/riots (not fzeds or food=bolsi for the purposes <strong>of</strong> the Lent This Act, Community Charter or the Local Government Act. italicized words are defined in theAPSGBC Guidelines,To: The ApardiArtg AdMorine Date:lined:jolts and aderessWith reference to Ohecii one):E Land Trtle. Act (Section 86)— Subdivision Apormal• Local Government Act (Sections 919.1 and 920; — Development Permtt• Community Charter (Sectiono Local Government Act I:Sec:ion 910:1— Flood Plain Bylaw Varianceo Local Government Ac: iSe,:iion 910) — Flood Plain Bylaw Exemptionr: Local Government Act (Section 692 — Provincial 'Regulation M268, Septet:MicaSipe Stability (Seismtc) Re:mistier.For the Property:Lege riescricdon and civic mattress <strong>of</strong> cie PropertyThe undersigned hereby dives assurance that heishe is a Qualified Pr<strong>of</strong>essional and is a Pr<strong>of</strong>essionalEngineer or .Pr<strong>of</strong>essional Geoscientsahave signed, sealed, and dated, and thereby certified, the attached landslide assessment report on theProperty in accordance wit- the APEGBC Guidelines. That report must be react in conjunction witi thisStatement, in preparing that report I have:Check so the left ot wiicabie1. Collected and reviewed appropriate background information2. Reviewed trio proposes residential de•iatomen: oh. tie Property• Conducted field work on and, if required. oeyond the Property4. Reported on the results <strong>of</strong> The telci wail:. on and, it required, beyond the Property5. Considered any changed Pt'onditions on and, if required, beyond the Property6. For a landslide hazard analysis or lariZ,si,'be analysis t have:6.1 reviewed and chara cterized ,1" appropriate, any landslide that. may affect the Property6.2 estimated the landslide hazarde..3 identified existing and anticipated future element -id at .fisk on and, if required, beyond theProperty•.4 estimated the potential consecuerf fes to those elements at risk7. Where the ApproViltri Autnority has adopted a level <strong>of</strong> landslide safety I have:7.1 compared teve.: <strong>of</strong> andsilde safety adopted by the Approving Authority with the findings <strong>of</strong>my investciaion72 made a finding on the :eve/ <strong>of</strong> landslide _safety on the Property 1: -:iased on The. comparison_7.3 made recommendations to reduce landslide hazards andior ianCalide risks.:S. Where tie 4poroong AiltrlOrt• has not adopted a level <strong>of</strong> iandslide safety :i have:E.1 descrted trF9 methoc <strong>of</strong> danCstfde hazarci ana!tes:s Cr tands;idei rev aimoysis usedE2 refereed to an appropriate and identified. provincial. national or international guicietine for level<strong>of</strong> landslide. safety .P.7. compared this ouldellne with the :findings <strong>of</strong> my investigationGuidelines for legisiared Lanosiide Asses-m=4d:: 54APIEGEO *March aca5;Re.tsseci :September ZOE for Proposed FessiustanW DevElopment to British &cambiaPAGE 51 OF 73


828..4 made a finding on the level <strong>of</strong> iandstide safely on the Property based on the cornoanson_8.5 made :recommendations to reduce landslide hazards andior landslide risks9. Reported on the requirements for future inspectbns <strong>of</strong> the Property and recommended who shouldconduct those inspections.Based on my comparison betweenCheck onethe findings from the investigation and the adopted eve.i . <strong>of</strong> landslide safety (item 72 Wove):• the appropriate and identified proVincial, national or intunationa guideline: for level <strong>of</strong>landslide safety (item 8-.4 above)I hereby give my assurance based on the condition contained in the attached landslide assessmentreportCheck one or more where ap.pmpriate71 for subdivision approve!, as required by the Land Trtie Act (Section 86), "that the land may beused safely for the use intended"Check oneO with : ,:ne GT more recommended registered covenants_• without any registered covenant.• for a deye,ipprrient pernlit as .reguired by the Local Government Act (Se ctions 919.1 and920), my report will 'assist the local government in determining what conditions Orrequirements under 'Section 920] subsection (r.i) it will impose in the permit'• 'for a .buliciind permit, as required by the Community Charter (Seon 56), 'the Land may beused safely for the use intended'Check one• with one or more recommended registered covenants.o without any registered covenant.El for flood plain bylaw variance (for debris: flows only), as required by the "Flood Hazard AreaLand Use Management Guidelines associated with the Local Government Act (Section 910),"the development may occur safely.'for food. oiain bylaw exemption: (for debris flows only), as required by the Local GovernmentAct (Section 910), 'the land may be used safely for the use intended.'Name fonrstDateSignatureAdoress7eierMonefAffix Pr<strong>of</strong>essional seal hereIf the Qualified Pr<strong>of</strong>essional is a !member <strong>of</strong> a firTri, complete the following.am a munber <strong>of</strong> the firmand l sign this letter on behalf <strong>of</strong> the firm. (Print name or firmLwhen seismic Mope szab ,#.,.. assessments are .rafoived, lever <strong>of</strong> tancisilde safety is considered: t be a life sareW - &Seta asdescribed in the National E41:;:jilIC °ode <strong>of</strong> Canada NECC: 2C 05P,. Commentary on Desvn for Seismic Effects in Me User's Go.ioe,Structural Cornmennes, 4 Dr Division E.. Thu states:.e primary obiectiva <strong>of</strong> seismic dearer pnw4e en eooucte<strong>of</strong>eenei f foribuacitna comments mad the gene:ra) Datit as thereanorris osansny ground motion; s cftre zords. to minimize foss <strong>of</strong> frfe. MilrotWes that,. elthougn. Mere **Wet( beevens-Ms .structurai and norannuntera damage. during the DGM fbesign. and meant. there k.c a reasonable aeon <strong>of</strong> confidencethat the ankkang !MR not collapse nor mg bs BeathrThElltSr iTiSak <strong>of</strong>f and iari on pc-DO near the buircrean This performance 4eve;Mfaned exMnstVe damwe'decatre, eitougd the save-Aare may he heady damaged and may hate l'wt esubsandia amide' <strong>of</strong> itMit& seen. Oland stiffness resent some mergin dna:stance agakrit catGuidelines fmLecrisieved Le:ad:aide ASZSISFIErn 55APEGEC ottarch 2C:::,-;P.esefsed. Eemember 2Di. for Pawn:an:4! Deusmorreit fa British Gnanna4PAGE 52 OF 73


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84Appendix 6BRMSH COLUMBA GEOLOGIC HAZARDS WORKSHOP-TEBRUARY 20 & 2, 1931HAZARD ACCEPTAB1LM' THRESHOLDSFOR DEVELOPMENT APPROVALSBY LOCAL GOVERNMENT.(REIVISed NOV5MDer 1993)A Paper by:D. Pte W. CaveDirector <strong>of</strong> PlanningRegional <strong>District</strong> <strong>of</strong> Fraser-ChemPAGE 54 OF 73


85HAZARD ACCEPTABILITY THRESHOLDS.FOR DEVELOPMENT APPROVALSBY LOCAL aOVERNWNT,Amendments. to the Act in 1.99Z empowered and reicluirecl localbovernrrients to address he question cf geotezral hazards their developmentpoiici=s and pennits. The wordind <strong>of</strong> the iegsiati•n tne policy level speaks <strong>of</strong>',..designatiric areas .., restricting the ..se <strong>of</strong> Land and c protectcm <strong>of</strong> deveidipmerr,from 'hazardous oonfitons J eon 45) The Az states that developrnet permirefor new development,. may ',...sdecily areas <strong>of</strong> and that must remain tree <strong>of</strong>deveioprneht....' (Section G76) and that where the geot ethnical. s,nginee,7 determinesthat tie lend may rLot ueed safaiy for the use intende.d, the building inspector snailretuse to issue tte building oarimit,'' (Section 734)i Basing their decisions on poides anddesionations in the rmmmurrity plan and or reports from.i.`-- tectinical enaineers,therefore, ft is the building inspector in the case <strong>of</strong> new construct= and the approvino<strong>of</strong>ficer in the case <strong>of</strong> new stiodivisions who must Ai:1Tel* determine what is acceptableor 'tow safe is sate enough".The mathodoh-_,igy emo;;ayfrd by itreseneam Regional Disticno impiement Mesepr*eions <strong>of</strong> the Municipal Aat has been reported. eieemhere. 1 The procedure involves,ir&the identiftoation <strong>of</strong> potentiai h=arzie through overview, seoandary end sitegehncal studirs. which provide a onarec:., , on sacn hazard in descriptive:termsand in terms <strong>of</strong> its probabffity <strong>of</strong> occurrenaeC4list ,, o, exposure to riazart.r, isthe secorid step in the procedure arid ttis is simblifie,d somewhat by the tot that it s therisk tz tne aooreoate comrrunitv over a period <strong>of</strong> time v,indh is important for denislon,.makind rel:her than the (much lower) TiSk to, any divan rz duai. AS wet as a ziarttatveaspec,. nowever, SK has a -bualitatiY=' component vhizir'. retests the type <strong>of</strong>The occurrence <strong>of</strong> some hamerds, for sxe -n:e wii noneliy provide adequate time toaieh. the bccuietion, thereby limiting the risk only to r..lropeny damage rather 'man oars:Ina!injuv also, whereas other types <strong>of</strong> rialw-d exhbit fevi, preliminary Slone to forewarn.<strong>of</strong> denaer. Again sonic nn -......:arcts are assozia.-sc won sp-caiiat "voluntary.' rieje,$ wnersaz1:4,11er5 expose peanie invo•ntaliy,' 3cr7: g,,eirrativz= and aspec-is<strong>of</strong> risk arc important in assessing acceptsnit) . _:eve, F.W., nowt, E. andGeraPh, R..: "Slope li.azmrdUv-aluatic,ne im Scurhwcts List' Czium±::a' e in Prche. L- famarienGteout e C.c.nference, T=e Univ. Lava.._, 199C.These issr.ez are well rataicrued ".:'..ack, R. & Mrgan, G.:'Bv'ell=eri=I and APceptane <strong>of</strong> Riak in C.:ectechmica: EncineerrnV, ;.7 .m?rocs. Vancouver rcal .7.1Piecy, May 2",', 1935PAGE 55 OF 73


86also tne en :sin:ear his characterized to hazard and quantified its p...ocurrence andits related, risks its acceptability to the reoulatory authoritywill involve en evaluation <strong>of</strong>.-:he tyT.r,a <strong>of</strong> riSk,b) the type cif development andC) any possible remedial or proteotive measuresThe factors are analyzed in the eight matrioas shown as Figures 5-10 which are usedFraser-Cheam t secure consistency' in the development approvals process, Thesemethoes all t tie same form which is illustrated rrthe sryfized "i -i=er<strong>of</strong> Aoceoteoliityfor Development Chat shown as Figure I bow, This illustt-snies now developmentswhich involve greater increases in iand use density and those eposed to greater risksare ltirolyfo be approvadie,. Each <strong>of</strong> the matrices Figures 3-10 relates to a differerittype <strong>of</strong> osotechnioal hiszart specified in the Aa and; the L,orttent 0 each CO neiSMSjudgerient as to whether the risk is arzeoMble. in fez this dues-ton <strong>of</strong> adoeptsbilltv isrot a simple black and white issue and the figures show that there are at leas: five levels<strong>of</strong> aoceptability implied 'g the regulatory responses ranging ran- outight refusal tounconditidna aahaptance (see Figure 2).THE GEOTECHN1CAL HAZARDSThe foilowind descriptions <strong>of</strong> o.eatechnizai, namrds focus upon tniOSSonaracterslios which most affect %tether or not the rtsic <strong>of</strong> exposure is acceoabie. Thedistinctions, therefore, ere. cased on the effects <strong>of</strong> the hazards rather the - pun strictgedtechnir..21 classifications.1. INUNDATON BY FLOOD WATERS.Of those named in the Act, this iT3- the n=ard which threatens, the area:est arTIOUnftor development tn F .72.ser-Chearn_ in corns areas, particularly aior certain reaches CT theFraser, it is also the mos: bericrt &the na=rds because it is preaptattizi, theMUSS rates<strong>of</strong> tow are retatvely slow and beZZ',Se. depth end duration o tad-drip are moderate.Bank-tull conditions are also less 7- 7.7.12Enle on toe Fra.ser than on the more volatlismountain tributaries. In other areas. rho riottard a rrILLCIn dreamt, Those portions o thefood-pier known CS primary' &Disc areas, roudniy equivaient to Vie flood onarineiare to be evaded completely,MOUNTAIN. STFSAM F:.-7R,CSI,Cr ,4 AND A' jILS1ON.Tie CnitiliNttok River, the ,,D;ciduilhais. eino. Siiverirrope ,7;reek are notoriouslyorate who tins to ore Frau--er On wrioh Senie,nriente have peen estatoltsheo,. °triers,PAGE 56 OF 73


87TYPE OFDEVELOPMENTAPPLI CAT! ONTYPE OF HAZARDPROBABI LTY OF DaaVIIRENCEiR!LOWktrm.% Arlr!' rroutsmo' 4/4.11, 14 1•;ta,,s;t-64 I roe€i 1 Tr.,,i1",.1 f ic Itgr FtekfIrLi r , 4z5.14I ifi**4 et1 ttivt, t1 .0 nI i::,Szt*tz: iS:h11#'.,.I CIliT ,iPtitw 'Au I t 41 4! 4C 4..C AC IL: Ilat.lt4tV■• 41 44r:i 1 .. MAL; V! iiik Z te t i 28 4Figure 1. hazard A=Eptalollity for Deveiopmentsubr. as Yale, Frosst, aid Fialiebez Creeks are Eas wea known but alsb have settlementsbuift on the rjva. fans e:Ar these tire 77-ountain srearrisw steeo gradiehm ant ln tney a7-e extramel ,idariberoi.is. They nave enbrrho•s cbnoe -1-2rated enemy and er:-..-Si7.7 The banks anit,o'dur rabidly where ohanne iF 0,11 in sh.ivrui-1, ah: tnere zonstant da,-tgeravi,isior at hkah ai-EaS and deobstbriat tam Triet; . sreemetteoe: is 5-.1C:t I • :711.151. re -d.hErnedFLOV'.'S .AND DEBRI TThe csons flOWEi an tr3-7-re77.2 is virtualy utiouit -dis nF-ase'-ahe.tartassoc.-ate. as 7, - ;,a,, steep. unsvedie 'first- ant 5=01-1,t-Or0e,1" arnages whibn bahbecome choke= tom erbetbr and veto. Fortunately:he effebm <strong>of</strong> :hesehRi=arits are- .':CCSILESC `,..r1 = ear: ia mo the 'fitter reabnes <strong>of</strong> thedrainages D*-It they nave cream bei7rLdtive dbwer and may acur witnoX warning.PAGE 57 OF 73


884. !:„NEBIRLS FLOODS.The over reaches <strong>of</strong> these first- arid; second-order drainage.a, at the point wherethe debris tore.nt spreads out and eease rts energy, are 'typically sublect to de :ore-,flows which :tirade into debris fidoo.'9_ The former sfil carry Surriclem energy andObstructive power to be :capable el causino serious damage to buliolnigis and ever. topeopleunder nar=hr.-alone, while the later is a depositidnal hazard which will -easeproperty damage and huisarice,LA NnSLIDES. SMAL.SCALE. 1 OCAUSEDbe-stabilizabch <strong>of</strong> steep stops is a constant concern wheneverdevelopment takes place on -uncoi.nsolittiatesl material. In fact, depending upon thephysical and Oherriltral properties <strong>of</strong> the soil and re amount and distribution <strong>of</strong> water,quite shallow slopes rnay aiii.fojeiVi. to. landslip-. The event may be sudden and rapid.or and inorername4 burt-the danger si.gns flare movement are usually evident1P.:-.7t:-e the event In Freser-Chearn, slopes susoadfible to brualizeol 'failure are notuncommon arid they pose a Constant trreat to those living beiow,6. SNOW . AVALAN-HFFor the most pen, snow avalanche tracks do not reach down to the settled areas<strong>of</strong> Fraser-Chearn and use nazards tend tz be <strong>of</strong> far grealar irriporMnde to themaintenance <strong>of</strong> transporiati on routes than they are torte elevoornent approval process.iiernlook Valley ski resort, however, snow avaianches do pass a odria-tairr tosubdivision and corrstruction. in the ealancine run-out zones, ir their lowermost reaPrieswhere rnost <strong>of</strong> the enemy heteady been spent, it is posslible to engineer striutesto withstand the lateral trtrust <strong>of</strong> moving snow. For the most part, however, the hazer:is one entirety to oe avoided7. ROCK . FALL.Rook fag hazard results from the dislocePon <strong>of</strong> rook fracrneMS Or sr:12K PipCks 1'707:a shops ;„:.suaily because <strong>of</strong> me:rani:de weathering ffreeze-thaw;. For tie sake <strong>of</strong>evaluating risk a,,,-c:eomPiirry, rock fad can be taker to include the various, forms <strong>of</strong> rollingrook hi-zero. It is dit-r,incuisherd, perhaps netine-r arbitrarily. from massive ertostas 7aZa7Cen ire i.a ol7=E'i much more frecuant occurreride and its v ritu':_t1 more 1dr:eft-radeffe..ct. There s, usualiv evidence on the around at:he toe <strong>of</strong> a Si3oz. tnti eert<strong>of</strong> land octentiaily effected cy TOOK teL Geotschnical srudlies can define a "mei: failStle-COw a ,s,..sceptible to the riazard and planning reculations can ensure 'That.development avoids. C.4PAGE 58 OF 73


89LANDSLIDES. MASSIVE. re'ATASTROPH/C.Fraser-OH-Ica: m Region is the site <strong>of</strong> as number c anent and some recent rnassiyelandslides. The best known s the Hope Slide. which moved approximately 47 mill.ou.m<strong>of</strong> -a-ia r19e5,, Others have been tejdleti in the Fraser Valley at Lake-cf-the-Wcods,Mount Crtearri, and: Katz. Off tie BurlĪola] hazards, they are the least common, the leastpred=able and by far the mastdeEarjCtillt. ,..TM TYPES OF IDEVḞ. LOPM_NT.in the lace these hazards sever, woes <strong>of</strong> develtoment application aredistinguished in order to evaluate their a=eptabfity. They are ranked v crr.ter <strong>of</strong>increasing irtnstlii or land use, from a minor bong repair to a mapr rezonlno,reflecting ,..orresbonOing increases in exposure to risk. Theldi0WiM: or descri.p,tri iswritten, tor tine earce or simoiicity. torn the t.b.e.r:ial rinrepactive1. MINOR REP AJR,Ira policy sehse, an apoLcarpn tor a Oullaing derrint to repair an existing buildingis one <strong>of</strong> the most difficult types to evaluate. The Municipe Act itsafftfricshes sl.gchapplications by exempting the applicant from ins require.mant to hire a geotec—: him]engineer to prove the she sate (Sec. 734.(2.1)), lt does not however, exempt the buildinginspector from the •cut refuse the permit. If tie already possesses a report wriichidentries the arte, n hazardousSec, 734.4.Accerently, r infen: <strong>of</strong> the Act In finis respect is similar to its provisions respectino''non-conforrrift.,'' :and JSC which essentlal;y perml: the nor.-ocniormity to continue forthe life-span <strong>of</strong> the DI-is:nes the fife-scan <strong>of</strong> the building whichever is the shorter. B'ydisocuraginc. piermts -or redairs in areas ci nown hazard, inhe Act is disc-curet no theextension <strong>of</strong> the life-span o thcze buain whicn would no: ri aye Peen approve:tote undermodern r%:sulatchsIn reality, <strong>of</strong> course, the analogy w -mnformity only brOVZEG a perspectiveirom Wfli1 tO view- one :general issue :7;7 a...;fidirrzs sited in unsafe areas, it aces nor.pravide all the answers to individual abO.Icar.ts wino may nave liveb in their houses tormany years 1,-,n0 writ want simply tc , repair a leelcy ro<strong>of</strong> or to inaratI safer firegiace,Blar•e,m retIsa <strong>of</strong> al: such ado one beca..se cf =finSite. cc Cra0b110/indeed, parti:culerly '<strong>of</strong> those repair:: w.7 :or are -sal' only stop-cap measures arid whiondo not the like '<strong>of</strong> tre Cul:ding,. Therefore. at Frase-,Ohearn a Boardpolicy has c...sen strict to the alter.. tri..ef. me nature <strong>of</strong> the hazard :E not life-V7eatenino,and if the C r?..PaiT is c:ore han 25% <strong>of</strong> the vai.e <strong>of</strong> tnrPAGE 59 OF 73


90repair, and it the owner will rec,..,,:ar a covenant against the 'ate duananteeing to effectprotective measures against the hazeoci in future before any further =hstruoton isundertaken, than a permit wili be available' .2. MAJOR REPAP.,A major repair is defineo as one the cost <strong>of</strong> which exoseds 25% <strong>of</strong> the assessedvalue <strong>of</strong> the structure before repair it is seen as having the eilfact <strong>of</strong> eriendinci the tie:span <strong>of</strong> the building ant therefore <strong>of</strong> inore.asi•o the :ii.toosure to the hezehti in the bagtern-L, Foi this reason permts are n: Peneraly ..sveiredie Eri the face <strong>of</strong> stmlificant nakfrom geotecrnra ncaro L:rit rhmedia or protective work is undertaken However, If thecumulative probability cr occurrence throughout the exteribec life-a ua <strong>of</strong> the Duildino issmell, as it may be in tie case <strong>of</strong> corns low frequency events, then this type <strong>of</strong> permitmay be issued in Fraser-Chem-h.R'ECONS7741,10N,In one sense, recorteraumon is just a more corhpLete form <strong>of</strong> 'mar repair but itdiffers in two irhodrtent respects. First : rt provides the ocoort_thiltytorelocate toe buildingto a Safer site on the came: and thereby to Lessen the risk. Secondly it is the woe <strong>of</strong>permit which fire ins.,urence co-idles typically require to be available tp validate the polity,Cu:richt rEillaat therefore, could render the site vane cm a residentel parcel virtuallyworthless. Tnus the significance <strong>of</strong> the avaiiebRity <strong>of</strong> reconstruction permits far o sristhe numbers ausliy ever .aiDoil9c for or issued anc trie permits are usua. a- :entre::=item at any public hearings begot= With hazard rand maharternent poiotea, ingeneral, the larger the beroei tne easier it is to meet brorie.:t.ve, steno restrit7tions ant themore fikeiy is a retorstructiori permit to be issued,4. D-77.-NSION.Whereas reconstruction may simply amount to replacement ant may inct increasethis tensitv at use, an apolicancn 7.0 increase the size <strong>of</strong> a tuiiding toes impy andeineity <strong>of</strong> use end therefore a orea,-.:er arinLia 7ink. Moreover whilereconstruction may facilimte reiticatich, exte,.helcr Coes nut. Thus, a permit to extent adui:dirt at a ha:F.:a:31M area is <strong>of</strong>ten, more drift:xi to secure men is as permit toreconstruct,7:„ sholf", t he hetet that corns 7..yper, reneic- cdal-...- ing leerthat 20CT cc not redil:Irs s permIt =der local dyLat.-E.'.aPAGE 60 OF 73


91NEW SUILDIN„C2:,The right to construct a new home on an existiho vacant Id: is the issue mostirequentiv discussed in the context <strong>of</strong> the new legislation on hazards. it is : in a Sense,the 'acid test".Denial <strong>of</strong> such a permit, ft' most instances, is tantamount to rendering the loturisaleabie at anifthind like former value ?zit almost inv.:le:Ply this ieeds to threats <strong>of</strong>tiegai action both against those who now oany the permit and against those vi„.;fricorevlously approved the subdivision, it ciao iaacis, just as in.evitabiy, to :bairns that theowner shout' somehow be compensated by the government for The differenta betweenthe market value <strong>of</strong> the lot and the value, which it could 'command were the hazard. notoreseit. E.'.uch. reactions are Ira arid:understandable responses to Perceived financialloss. It is rarely adoreciated, however, that the act <strong>of</strong> identifying the hazard nethercreates no rnateriaNy alters the level <strong>of</strong> risk; it merely raises awareness. Equally, Iris act<strong>of</strong> refusing be pairriit does not cause the loss cf it,ira,us. It is the knowiedros that the=Pen?" tz, live oh wnitin S the soefiic deorimera to nattkat value; the refusal<strong>of</strong> the perrnit is tne consequence, indid orant aorova oobristruchanunsateabietwitting woUlO be more likely to =rot:Lin= tar.to rniticiaie the than:lie:: losses o theland owner.Fordunetely, the number <strong>of</strong> cctita.,..ons on Whiqh permits cannot be issued forvacant lots is very few. Recent subdivisions will not have been approved unless theycornzin e bu see %.v.hich born; blies with. the new proVisions <strong>of</strong> the Munizipei Act andthe Land Tait Act, it is the piper subidirsions which may nave proteins, indeed, thevery physical' and site clamẖies wnioh nave kept these older lots vacant in the castgenerally prove now to be 1,i -e very re.-- ons why the penult le refused under Section 734.From this perspective, agar_ the reusel causes no real loss <strong>of</strong> value now; instead itSEn'eF.) only to confirm now unrealistic were the owner's m---e r expect-atone ci; val.114.-LLess common is the bossibliity, whenever the trine intervai is tong between subdivisbnapprove: and buildino bermit apolization, that the sate c77 gecnechnitral Knowledge willhave aca'ced ant MI have identified a n=.-tt on a tot formally tatted as Set.j. St.i5Drkr.SIONT - w" or subdivision approving <strong>of</strong>ficers must aorninister respectinocreozechhil riFilsres are embed:set in the Lend Title At (Sac. B61).,..p).fv) and Sec. Bal.he,„- ars :riarige:: with. the ot ensuring that al: new /bits rectistered are surted "...Id theuse. intenteci.„.." B2li and that they corrory with a oa :timer-malt o awe thereoyinvokno the panning arid dui:id:rig 1 -,ninuiettons discussed, above, in e.Octilert Section E2repuires ma approving <strong>of</strong>ficer specifically to 7.eke into eocount winesner 'the land issubjact. =Lit reasons:* ths expetned to toe suttecit., .ddtrg, erosion. ',and slip,or aye:crone:-PAGE 61 OF 73


FL dO 930Vd•ssAtteuJeTe spsyN 04: sa,•seew A21Wsp.1,...s - s.i.:4L3 eeiunp=7.4,74CAEC ogs snpp..1=-.4 UMCU srs scaly -psedu lewspirdus eficielcaccie :0 lseca! at: 'swot: ct 4d sceld:_rnu 41urtILUCC =dun.,Ccucd C22ass-LIT esF7c slc:FcictietxC ,gJessecau p.:szP..1; :GLP.C rISCd: ae,..;esc ALs .,e2.1.1eLm.4.c erss!JO 'pus; ip edia aLIC :JC 'liCqC=Omp suc: LI; v,c,:ti pinoqs ;,;:tunual:pc.tLC sig, ':s14-4.aqm ot :.;cqsand 3,4sesys,', :usLupust.I.m 7;1,0-usid,f4.14nLuLucc , eLgWU pue sit'Lluczei .;cfau; L suppecicide pup., supppildte7:.:cplAopqrs '..ssemLsd ud .:curlsip sig pe:zei;a1- SLIC $1 PUPA ;C, ses,:e mauue 4:tilteif; J ja. L. `segtuntuwor; mau 38C SaApAu; L4PluAt la-2llgt,141AEZ pUSUC4SLISp(.9,40 514[4:...41.0 42U a4J1, si 4t4m USGM.Wq Uopuçp 7,q1-..NEnc ,Neveg, er\T4o,'qd gqr'..."411,4'4ep 'AEL4 s.-.674.1.a..41rrepezets.04, ograciput, lelausd e 2 JCeC5ulnps.tde Act cia)tet e-7.4 USZ% SLZ.4.%ZijetSaPia;sucio upAd Al4LITIWLLICO put dug= sir: 'csiki -diersq awes L4 C cts!drs etc ApesaleAsw 4,1awdop ztsqs SlLig due ;ueuciplans • us'c Q tIUX2 c Nu!!anzu eq; 111. suqsiAtpqns "4,ari Si UO2E9.1 sua 'sups:e9:1 CM! J04, suc,isiApqnsmau usAs, aigraze AlieleusC 2'.:attamcn.; 'paezz,4 se.;5e-p mcz stuoP-p,,ezzqoz 4.1r.sodxs atz pt,t esn lc 4susp eseara:1 uctsVAIPqns st.g. 'AipucPesTeep, usu; ssei se4s euppc. 47;f4t4 usiks spo qir Lip aiic u a'kEt4s5ulpipzi Arteu ;etc izm awes au4, so_CUES 401:es UtCLLJ t,p-A Agt; Aldu..t= fznat4s puemai sie zot es-st.4 -sudres-lotx.ics,,uorzalter sac:4 :iaL41.0 Ulan.aq C pug gloA. uq,swilpqns AkCU 2 eigeitiecCe pJa.zeu, 143 4F.4;lesdEeglau PincLs zrleA Pi-Mr Ut,1 ./17.:Edvoi. u1Acidtt 441 JCCJ LtglecitaSt LLtaMiS 2C1CC2 qui?, Euptield ][SAINO SL4 "":;r1CAE€ pue aupuieic 42;o •s-snssi 1,44m.gam; c.Anudo us: '8:41;EU 1..11:1 1?-0741CIti LeAl sAgegsmwps e1.4.01qm issoccid reAcucideuur.:s1/9pqns usta ueid Aslunwcacc uodn pe22i buluoz Li5nc.14, atitp 2qc:ossoddrs i ug; io Alor-27154u Oloupci. apz 'Aksu8pICao4s115 -sep'Ziocaj uatudpiemp .MOLI 1474,24 :PM S.:110-1:Bp SLUM-Tad Ots'eq 2L 9Tviclpkamcp ipapi-mut wu 2E AV; 'dcrishap O els's 4 wsu 14e2 W PU2 ue)ieliepunSi Oupue;'d e4s poggsp srendepe 1er.4 arsus sudgein52i36


93RmIVIEDIAL ARP_PROTECTIVE ttiSASURISS.Where the risk is consids-red urtacceptity hitch, some action is necessary tomitig,ate ti"le zzard or to reduce exposure before approve; can os given, These adtorisfait irtatural frtio two classes discussed below, vi (i) avOida.rice (i.e, exposure reduction";andCir; .brotect. ion (i.e. h.szarci reduction). Note that both purport ority to reduce thehazard, or to. cif-taloa the przbabihies. A Intro' a:ton, the grartng a "livaivere o'save--ham-flees-a the eon,-.' itiertoty is en attempt to transfer liability for 1e hazarrf and titswill also be disousc-c-'Avnidenti:e Mea-estFteductich<strong>of</strong> exPosure to nsit by simbie avoidance is obviously :nes most 'gear -ablemitinatims rnssur Examoies err:not -Red in regulation .inoiude eleiii.V.ion <strong>of</strong> bonstruZionabove a 'flood obristrucrocri teAfel", set-back re,quiremmrds train streams to vroid tiehazard <strong>of</strong> VInion and the primary 'flood area, and set-backs from the toe at a slops toavoid a rotl.K-fatE hazard or from a watercourse to avoid a debits torrent hazard. Morecorripiex techniques, EL:Z+. -tope stability monitoring devices citupleo with warning andavaituetion programs, ha .s trity rarely been employed in Fraser-C:hearn tor insttutioria.reasons but they Pot eserr to <strong>of</strong>fer promise in the future far those harms iivinion are mayails= =mmunbes already estabilened.At the pciip., eveL sirhole avoidance is the preferred technique for <strong>of</strong>fitoisi plans itriczohirto bylavva. Lend can as designated far uses which minime exposure to the itazatsucr s daytme suirrticr tourist cornmer=af uses 1i' arem 'Wilton are exposed to rdeons flow ramrds industrie orage uses in areas whit:it may have tow prodapityrodkfat hazard. From a teonniza• t.-iarapective, it is worth:, noting that the, Municipaler,pourages the use <strong>of</strong> ins Deyetooment Permit re7.'Leatonz, to implement such her:,avoidance policies even' to the boirt <strong>of</strong> allowing fne permit to over cc tne use and'density variations in the zoning byiatv,Protentivfi Measu-er.:Pratezi,live mes'eL:ree sr mom: viable and generally mute popular man redurmeidavahoe bu: they are teSS scours in their results aria they usually trivOlv-e a pornmitme,n1to rharceriehm whion is rindre difficult to achieve in Fiase-Cheam the most commonexamples are rip-rad, oroteoltriin <strong>of</strong> river oar ire to prevent. erosion zinc ratrisO re-et-hordedfounitiatcht„ CrDIE:"... .1 attamist debris floods Dthers M:1'; 'as.3 T:1P nrrr ;sc.= esberms and aykes .desioriett to birdied: Me edime area aaarre Oetiris ftrtoca,roiirrg 7;.= etc. 4r1C1 various forms <strong>of</strong> traps. brit:rites and deans basins desioneoriraicro downstream areas from similier tabards.PAGE 63 OF 73


94Lahstarence <strong>of</strong> Lied'rimOne <strong>of</strong> the most common arguments relefirato develoomera applications inh=ardous. areas is whether approval car., be Premed in return for some form <strong>of</strong> waiver<strong>of</strong> the right to sue the regulatory at,ornority in the event tried car ar.fe or death ocours. Thisis usualiy coupled with some form <strong>of</strong> in.:damn* , to protect the reautaf2ory authority anainetsuits launched by others, Such wai vete are Imam: as "save-harmless' covenants and,if linked: to land use reStri. ,tors, ran redistered s legei incumbrances egairmt the Otte<strong>of</strong> the property pursuant to Section 215 cif tie Land: This Act.It should be rimed mat thase covenants are in the nature- <strong>of</strong> private aoreementsbetween tie landowner 2,77: me government Thus third parties, suorr as visbors to theproperty, will be expos:so involuntarily to toe ir ,,ersi not deint, party to theacreement Their s:a --acry richts to protection cannot' be transferred by theseare eras.Nevertheless : these co,,,,enerits: do serve a vailiabis untjcn as an instrument ontitle, in nforming prospective purchaser:, <strong>of</strong> known, hazards. They may also have wahie,in some cases, as an attempt r redognize and assign the residual liability after ehreasonable remedial erd orm,scrava measures hems been undertaken. They do not,however provioe. an altenative. irnoiemsreation <strong>of</strong> the requi-ernerre <strong>of</strong> the Mt:nib:paAct and the Land Tite . 1,,= - by elected <strong>of</strong>fials, planners, taL.!PrO. thspe=Ors andapprovino <strong>of</strong>ficers. The butes <strong>of</strong> each are rather dearly sod:leo cut in the statutes, sicno private adreaments or covenants can over-ride these abligqtions,THE4CCE.-. -PTABILI17 OF RISK IN FRASER -CHEAMFloure 2 lists the range <strong>of</strong> regulatory responses to development appilmitons.These are the numbers lr. the individual cells in fig.3--1Ci. in practice, this spectrum fromunconditional approval to outright; refusal Is tar mare complex and suo'tie than this es:implies because sac- - ' individual case confront:LI different abet:its hazards ens,' presentsditerent mitictive opportunites.There ars few derierally accepted yardsticks wnidri an provide neld in calibrathore:guiatori aoprovais cnata like those in Figs.3-1C be:ori , .. One suctri yarostcv aertvesfrom tie Pro a iv sponsored itpop-prOditho orc2ram v,rrilpr, provides firian ol al supportfor protsaov rrrrc and rep•alatoty.cOrM-01 rnarl!,' for-is <strong>of</strong> development, Thedeeo.ri event to- th,:: program has a return Ireoer.: <strong>of</strong> ::: -ra-in-20C-years„ FiCDZiSthar tie a'e regarOep as co cpaily to c7ciez, apiarist, top unlikely, or ooth;iess-er floods are seer as too irequer.i cony =ocac:,:(tzteSke.10PAGE 64 OF 73


.95***Figure 2 ***Figure 2. ice.erd-Related l expanse ponseto Development Approval ice‘or.ovel, stinz::,-.-.on4itpns,al.prateobve w<strong>of</strong>z4 , cbnctitions,.,T oblionartha mi=es1'— odaiDCIS.iAddrova%pLit Viiithiisitina.T.eqUirir-„ments to avoid tile ;pazai•<strong>of</strong>, , riee-4uirerr;a.rits to "Orcite:tiV.s . r.,3orKs.,:t..-. rritioate tie tazard,:. ..Draroval - as•!3) , ..lbove,..b.utwitha'ir:dvertaritinciutinct4isavia..harmiei..ria.•POn6itions,...proteOtivallotkarior:: . both.::.....!, ••A second yard tick can be irien ed torn Province> polity or " ion approvalhazardous areas where advice is diver, to t ectechnice encineers to in termso a 1i7% probe:city [<strong>of</strong> vo:cu; re iced in 50 yeers..„? (Le, 115,10 annual y). This appears tobe an aporopfieze standard for extertch subdivision or forA third guideline derives from the R.C. Supreme C,curt decision <strong>of</strong> Sender. J. in1973 which fount. a site exposed tc a very probability <strong>of</strong> landslide ocirarenzeilO.000) to be unsuirdote for deve.icornent,' tr. this case, the development would: haveformat the nucleus <strong>of</strong> a new comrry_inity while the SL]Spez.t. hazard was a type <strong>of</strong>maesive arid destructive landslide Thus t provides a solid precedent tar Proatcorn-mt.:nit; olannnig policy, Ail 0,00(j.iliw asei ȯneo, to an event the oaarrencecf VOIT: Iri, ::4-,parertly mossibi= time has not taken place within the test0,000 years (i.e. not since the icilmattc oriande at tie end ir.. the test 2 -„iiazia. tioiscce:„-this sense the 1 :10,D00 staritand has aia. .-,b1Ja-J sionificance ir that such hazards navenot occurred under existing; dirrati:_s, conditions. h may be the best pra-cticai befiniton'tate",Apart from twee few ouiceihes, the other ehthes 07 tie regulatory approvals(Figures 3-10) are al, reiative and aubje.f.tve3y, determined.. Tney are riaralaa,ine,4-o-biy' they must be torn experience in aciiiucicatng numerous iridividuaj abbitaconsant from the constant search tor cronsistercy and for that elusive threshoidC,Tince ciombilet, the chantr. are detispitivety simpleBv'' aer I 7 I: . : 'Reastms t--,-- o' the Hohoz ,- ,a,b1E,-.!Ir. —,-...., .7... oPn. on --11 ,...mau -ac,r <strong>of</strong> tas Lan ' 4-...77 2-1,1.:'. - ,a,rtti a..apv - -c a-arva .-f ti -trotoset sun _,:...aLon by C:eveLand1711 "5:,..77:, B:4:17:2Me Court t El:::: _bi=mhi :,972.11PAGE 65 OF 73


96However, irrius: be emh,,nsazeni that what is o:asSified here, 'for example, simPiy as a'type 4'" ago-oval f,se-: '2) in tact iriovJcies a wide. variety <strong>of</strong> ciontlitorts broth on the°round and ;h, thE toy...anent.NavDtEASES, together the charts comprise a public policy statement ondevelopmena safety standards, 1E; try are oynernid and wit! crange as SC:letaSaIrt.t747r-1,5 ::::a71.25 and assr,,,1:=,r;!..;ry proves.CONCLUSIONThe orincipa value <strong>of</strong> a se - <strong>of</strong> 'formalised approvals olrzrtske tigse presortedhere e to ti..7,,itate consaren a <strong>of</strong> safety regulatons end T.C: permit comparison,Untio_ttst;y, ziese standarz2 ot,J:g be enforced with even mon,- corrAction, and viirn.more certainty <strong>of</strong> fairness, if Intly rad bean debated more general:1y and if a provinbalchat hat already been adnievect. For the future, end after that consensus isachieved, tri is even possible to en‘P.rrgs a reaLliatnry scheme analogous to the BulibhgCurds which eiready p.pecifies standards for suon hazards as earthquake, wind,snowbacis, weak soils and tre-spread, mereis no intrinsic reason Wily gedtaftnnicalhf.-zerts shod not be inquded in the Coos in the tonr.-.. term.PAGE 66 OF 73


97Figure a.inundation' by Flood Watersfrom Fraser Rivet- & Tributaries2 ị ,.,„ _1:.40 1:',4,V- -;.1:ZOLn!..-.r;:,.. '- I 2 Ic' Rept .;fy.Jgr4)Recons- ,.=ion 414 tr, 4 3New Suldinc 3. azonmo, (fa' 5 Iea. cl, ilt..„4)1en, oath irurn sbzx. arso tvtosiontmwomrrn thmtwe Inv Ivo garawneet <strong>of</strong> =tr. ;pas- nozarj&'Rovisod 7,21)Ba,Hii rerstrotit.Debris Flood:SO I 1:52. 1:200- 7 ; 500-,1.2M t :5",lc 17.10.Dx.R 7 1 1,P . REZ a.7i>25R41..tmonsin...11 nkr.n 4' New Buitin;1 : ! sur.rizion .I: -- -i , r.rmle.1:-.::,J1i.1, naw uarrrnLne,-,...,;------,..-----,,,,..—”klli I13PAGE 67 OF 73


98Firer.---,QL..,.. _........ __._ __._ .Minor Repair0


,99Figure 7,***Figure 7 ***...._....._,...:— .Smal6Scale Loa1ed Landshp,,...t .:2:00 1, 54,1,7,', t 1 :I Cy.3 7M 9P%)5 4 IRecenso-uption1 4.;„i'Zxte.,:nsion 5 • 2..- 3 1Nevi' BuildirQ, ub&,lisipp,!! (.'rnfNeeXtert*Rezoning (for',,, m.o.. eommunirl)5--ir5 5 5 1Figura E.Mirc RepMrk (25%.)1 Reponerrittalar:ierr 5t*Pie Lii dr-G.51114rin.5=;(infttozprriRezonino fitffnevi '4"'arlitk•irgly:I I :Sti.1;100 17,5Xt 11 OCOfeZ7.-,00a:PAGE 69 OF 73


,10 0Figurei... _.%odamarS la ra t1:Tx, I:100- i soo .. -1.:i.::::- ct 11"----------22—Wilco Raw 52 !,...-. 1:10,C90I Marx 74eL);:r52 1iI (>25%; !i ,i Reconstn=ton 5)4 1 21 j 1,, 25.•xtExision r. 4., 4 , 1-ttjay. n LAW ing , z.1Stx.)6.ivi:543a5 5 =I; rifiliParcrg-f Fiezoninc ftxriS 5_rtativ =mrfiuritty)_.,----Fiattre 10.Major Catastraphi Landslide. r1:20D I 1 :2C.C.- 1,.500- 1:1,00C- -..:


101Chliftwack River ValleyErasion or Avulsionaciawittnsosionsemack. lineSetback between-MD year erre=4ab' and`Etmlon aetbazSinbac4, =ewerMan `-irpfl yearerc iirnrn<strong>of</strong>= Fre- ,Wr'eoansTnictor:ei,IIa •N;SA 'O-4ivisian 1 - -! firfiiie-ter„:)=no 1.'7::: -.--brni-nl,::.4e"Tabit Tioviaerii he LeiTrz 'errAi.a:.setta:.-1; arse' art= yaa: erasion limit iii" a expinec ana ci%tirked h the OfficiaiZetnierne7:, Plan, arit :77, iayCa rEFZ.7.7.. cm river award marar;,:ement i me C'41111waci; Ahrer'were na th ea: <strong>of</strong> river avuizzr, Dr EPOSIC41: is deemed to be immariore and extrerrwa c bui]binc.. permitmay riot be untl, appraveo zbtem-on isA save halre,eas =imam tc acknowlecne potential fixture err.rSari hazy rt is iropied in this wv„;.... -TovaL,re Me bracerr! cair net be prommet by orksitecorrimuniv soneme fLahneci ',nebuilding pernt may not be available ula, ,aerra-lt Plan -rms been imtnementeb,6 Abaroved Flay Mean an-z:.te prbtec,„,ity, nn 7,.di:Jidua7, cr wnere it is no: paname?roe... proper‘ cn-sim WO ME. C raayrabbmmenbee. in tetet. ...-'kiwi.,' matecnor: ar,^,narne actinea m .1-krzwo Mana9e,-tea: Pi an wnich, are admi,,islereci uy a ,!c:`.,-alAraa,Zeme as S above.PAGE 71 OF 73


Appendix 7102<strong>Mission</strong>T <strong>of</strong>ON THE FRASERASSISTANCE TO DEVELOPERS AND BUILDING PERMIT APPLICANTS UNDERTAKINGGEOTECHNICAL STUDIESGeotechnical reports are requested by the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> in order to satisfy the requirements <strong>of</strong>the Community Charter, the Local Government Act or Land Title Act*. The purpose is to ensure thatdevelopment occurs only on sites which are safe for the use intended.Landowners and applicants are advised that geotechnical reports may only be undertaken by apr<strong>of</strong>essional engineer or pr<strong>of</strong>essional geoscientist (qualified pr<strong>of</strong>essional) with training or experiencein geotechnical engineering. In advising geotechnical consultants as to the extent and type <strong>of</strong> worknecessary for such reports, it should be emphasized that each study will be unique and it is difficult togeneralize. However, there is a certain minimum content which a geotechnical report must have inorder for it to be acceptable to the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>.1. A topographic and geomorphological description <strong>of</strong> the site and a statement as to which type<strong>of</strong> natural hazards may affect it. (See list in Community Charter.)2. A review <strong>of</strong> previous geotechnical studies affecting the site and/or <strong>of</strong> engineering work in thevicinity or on scientifically relevant sites elsewhere.3. An assessment <strong>of</strong> the nature, extent, frequency (probability) and potential effect <strong>of</strong> the hazardincluding a description <strong>of</strong> the scientific methodology use to define these parameters. Themethodology should be described in sufficient detail to facilitate a pr<strong>of</strong>essional review <strong>of</strong> thestudy by the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> when necessary.4. Proposed mitigative works (if any, including construction and maintenance programs for suchworks) and/or actions designed to prevent hazardous occurrences. Certificates <strong>of</strong> approval arerequired on all constructed works for which the qualified pr<strong>of</strong>essional is responsible.5. An assessment <strong>of</strong> the effect <strong>of</strong> the mitigative works in terms <strong>of</strong> its ability to reduce the potentialimpact <strong>of</strong> the hazard.6. Any other recommendations which the qualified pr<strong>of</strong>essional believes appropriate. Note thatitems 4, 5 & 6 should be in sufficient detail and clarity to permit their inclusion in a Section219Covenant as required by Statute.7. Seismic stability <strong>of</strong> soil slopes and liquefaction <strong>of</strong> soils must be addressed when undertakinglandslide assessments.8. An external independent peer review <strong>of</strong> a geotechnical report, the cost <strong>of</strong> which is theresponsibility <strong>of</strong> the client, may be required by the <strong>District</strong>.9. The signature and seal <strong>of</strong> a B.C. registered qualified pr<strong>of</strong>essional in the specialized fieldappropriate to the study.The <strong>District</strong> <strong>of</strong> <strong>Mission</strong> also recommends that clients instruct their qualified pr<strong>of</strong>essional to contact the<strong>District</strong> prior to commencement <strong>of</strong> their work so that they can receive relevant information and morespecific guidelines.*See Section 56 <strong>of</strong> he Community Charter,(1) SBC Chapter 26, and Section 879 and 920 <strong>of</strong> the Local Government Act,RSBC 1996, Chapter 323, land Title Act Section 86(d).PAGE 72 OF 73


103Appendix 8Fraser River Development Permit Areamaimu,imillaramismegap,mnfirluggimmtme•-man, R,►1_0,mIlnines=m m-manhit amolusguinlith wizilkIsnim00.11111111111 •• ilunsuo= muir,1-01, _m■-1finVI,M....11---111EVIPMrdlnnIIIIIIJIA;M7%Adirgg1111.0161M1111.1101.100.11110111P- rrSILDYKEHATZIC DYKE(Continuedin FVRD)-19nodp11.1.....ne al* left Now Met-Plow lohawn In Ma.111.14,210011 Pr1.111.20011 WM boa 1110=M1012-2101A,/, 9101 ../..oseonemo<strong>of</strong>te11.1.1.10 ler pmr.11sum elty. ThaD101.11.1. ed pent. •aeas../.11......velarl.-1.000 mMISSION DYKELONDON AVENUE LOCALEXEMPTION AREA1500 m 2500 m2000 mOCP MAP SeFRASER RIVERDEVELOPMENT PERMIT AREASDiOrict <strong>of</strong>111011111111111113MOO 51 Official Community PlanPAGE 73 OF 73


ON THE FRASERFILE: PRO.DEV.ZONR09-007Memo104To: Chief Administrative OfficerFrom: Senior Policy PlannerDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Revised Development Permit Guidelines for Intensive ResidentialDevelopmentRecommendation1. That the Director <strong>of</strong> Corporate Administration prepare a bylaw to amend <strong>District</strong> <strong>of</strong><strong>Mission</strong> Official Community Plan Bylaw 4052-2008 by replacing Development PermitAreas Appendix B. Area A - Intensive Single Family Infill Residential Development PermitArea and Development Permit Areas Appendix 0. Area N - Cedar Valley Compact SingleFamily Residential Development Permit Area with the Intensive Residential DevelopmentPermit Area Guidelines; andthat all applicable sections and headings <strong>of</strong> the Official Community Plan Bylaw beformatted accordingly; andthat the bylaw be considered for first reading at the Regular Council meeting on <strong>July</strong> 6,<strong>2009</strong>, and that following such reading, the bylaw be forwarded to a Public Hearing thatcoincides with the public hearing schedule <strong>of</strong> the upcoming Zoning Bylaw.2. That upon due consideration <strong>of</strong> Sections 879 and 881 <strong>of</strong> the Local Government Act,Council referrals go forward to: School <strong>District</strong> No.75.3. That in accordance with Section 882 <strong>of</strong> the Local Government Act, Council hasconsidered <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan amending bylaw in conjunctionwith the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s Financial Plan (includes Capital Expenditure Plan andOperating Expenditure Plan) and Waste Management Plan.BackgroundPrior to the adoption <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Official Community Plan Bylaw in 2008,department staff presented three fundamental changes that would come with the adoption <strong>of</strong>the <strong>District</strong>'s new Official Community Plan (OCP). These fundamental differences orchanges included the re-organization <strong>of</strong> the bylaw into community driven themes, newpolicies to better address hazardous conditions, and an overall improvement towards a more"user-friendly" bylaw.Complementing these changes, were new policy directions that incorporated the principals <strong>of</strong>sustainability which in turn helped develop the economic, social and environmental policyobjectives now part <strong>of</strong> the current OCP Bylaw. To ensure that the OCP is an action-orienteddocument, policies were linked to various tasks to be initiated over the short and long term.Of these action items, reviewing current development permit areas and guidelines was seenas an important tool towards implementing OCP policy objectives for "Building LiveableNeighbourhoods". Furthermore, the widening <strong>of</strong> land use regulations with the upcomingzoning bylaw that will allow for higher density development forms, infill housing, and otherPAGE 1 OF 4


105innovative housing types will need to be captured in these revised development permitguidelines. Therefore, as a measure to strengthen and facilitate the quality <strong>of</strong> residentialdevelopment in the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, staff have reviewed the OCP's development permitarea guidelines and provide a revision as detailed on Appendix 1. The proposed guidelinesfor Intensive Residential Development would replace both the Intensive Single Family InfillResidential and Cedar Valley Compact Single Family Residential development permitguidelines.Intensive residential development in <strong>Mission</strong>Section 919.1(1) (e) <strong>of</strong> the Local Government Act enables local authorities to establishobjectives for the form and character <strong>of</strong> certain land use development including IntensiveResidential Development for single family housing. To date, measures to guide the form andcharacter <strong>of</strong> intensive residential development in <strong>Mission</strong> has focussed mainly on singlefamilycompact lot development in Cedar Valley. As the new zoning bylaw will considerzones that allow development <strong>of</strong> even more compact lots, (i.e., 4,000 sq. ft. minimum downto 3,000 sq. ft. minimum) and zones that <strong>of</strong>fer opportunities for secondary dwellings in theform <strong>of</strong> coach houses, garden cottages, and duplex housing, new development permit areaguidelines for these uses will also be needed. In other words, the advent <strong>of</strong> new zoningregulations necessitates additional design provisions for intensive residential development.Overview <strong>of</strong> revised development permit area guidelinesDrawing from best practices used by many other communities but also maintaining many <strong>of</strong>the design criteria <strong>of</strong> <strong>Mission</strong>'s current Intensive Single Family Infill Residential and CedarValley Compact Single Family Residential Development Permit Areas including designprovisions for the Silverdale Neighbourhood One development area, the development permitarea guidelines (Appendix 1) aim to guide the general design objectives <strong>of</strong> the OCP. Theseguidelines are intended to direct the work <strong>of</strong> architects in developing submissions forrezoning and development permits as well as the work <strong>of</strong> <strong>District</strong> Council and staff whenreviewing these submissions. The guidelines will be used to evaluate form and characterdesign during the review <strong>of</strong> a development permit application, and if needed, suggestalternative solutions that meet the general intent <strong>of</strong> the guidelines <strong>of</strong> intensive residentialdevelopment.These revised Intensive Residential Development Permit Area Guidelines establish designcriteria for a wider variety <strong>of</strong> higher density development forms while encouraging betterbuilding design, site compatibility, and site aesthetics. The guidelines would reinforcecommunity identity and would apply to all residential development proposing urban compact,urban cluster compact and urban infill including all coach house, garden cottage and dupleximprovements within the urban area. Generally speaking, the guidelines will encourage:• urban compact and urban cluster compact development to pay particular attention tobuilding massing, architectural detail that retain a human scale and that relate to thestreet. The designs <strong>of</strong> the homes would provide a clear delineation <strong>of</strong> public andprivate space accomplished through an appropriate scale <strong>of</strong> landscaping and fencing;• infill housing to be designed to fit into the immediate surroundings <strong>of</strong> its location andnot appear out <strong>of</strong> scale or character to the adjacent homes. That building massing,scale and height <strong>of</strong> infill housing must complement and not disrupt the rhythm <strong>of</strong>buildings and the overall neighbourhood pattern;• coach houses and garden cottages to be architecturally compatible with the mainstructure, particularly where visible from the street; andFILE: PRO.DEV.ZON PAGE 2 OF 4R09-007


106• encourage duplexes that fit into the immediate soundings <strong>of</strong> their location and notappear out <strong>of</strong> scale or character to the adjacent homes. Duplexes would bearchitecturally designed to avoid a "mirror" image and provide the appearance <strong>of</strong> onesingle-family house on a lot.The revised guidelines also acknowledge that minor or necessary works and improvementsthat would otherwise be subject to the Intensive Residential Development Permit Area couldalso be exempted from permit provisions under certain conditions.Sections 879 and 881 referralsWhen an amendment is proposed to an Official Community Plan, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> willrefer the proposed amendment to the organizations listed below following first reading <strong>of</strong> thebylaw, subject to provisions set out in Council policy LAN. 47 Official Community PlanReferral (Appendix 2). The organizations identified in the policy are as follows:• Fraser Valley Regional <strong>District</strong>;• <strong>District</strong> <strong>of</strong> Maple Ridge;• City <strong>of</strong> Abbotsford;• First Nations;• School <strong>District</strong> No.75;• Ministry <strong>of</strong> Water, Land, and Air Protection;• Fraser Health Region;• Ministry <strong>of</strong> Transportation;• Department <strong>of</strong> Fisheries and Oceans;• Land Reserve Commission,• Utility Companies; and the• Canadian Pacific Railway.In accordance with the provisions <strong>of</strong> the policy, Council is to consider the requirement tomake referrals on a case-by-case basis and adopt a resolution to clarify that the referralrequirements have been considered. Considering the referral criteria detailed in the LAN 47policy, the only referral needed for this bylaw amendment is to the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> School<strong>District</strong> No. 75. While it could be said that adjacent municipalities could be affected by anOCP text amendment generally, this proposed bylaw amendment in this case relates to formand character <strong>of</strong> urban land use designations, none <strong>of</strong> which are over lands situated adjacentto neighbouring municipal boundaries.Section 882 requirementsSection 882 <strong>of</strong> the Local Government Act requires Council to consider <strong>District</strong> <strong>of</strong> <strong>Mission</strong>OCP amending bylaws in conjunction with the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s Financial Plan (includesCapital Expenditure Plan and Operating Expenditure Plan) and Waste Management Plan.Given that the design guidelines for Intensive residential Development are believed to havelittle or no impact on the <strong>District</strong>'s Financial and Waste Management Plans, the Director <strong>of</strong>Finance has considered the financial aspects <strong>of</strong> revising these development permitguidelines and noted no concerns with Council's further consideration <strong>of</strong> the amendingbylaw.FILE: PRO.DEV.ZON PAGE 3 OF 4R09-007


107SummaryTo continue high quality intensive residential development in the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, staffrecommend that the Official Community Plan amendment bylaw that proposes to expandexisting form and character guidelines be considered for first reading at the Regular Councilmeeting on <strong>July</strong> 6, <strong>2009</strong> and that following such reading, the bylaw be forwarded to a PublicHearing that coincides with the public hearing schedule <strong>of</strong> the upcoming Zoning Bylaw.I have reviewed the financial aspects <strong>of</strong> this report.ft) Ken Bjorgaard, Director <strong>of</strong> FinanceMemo-Amend-DP-Guidelines-Intensive Res-Jun-15-09.docFILE: PRO.DEV.ZON PAGE 4 OF 4R09-007


I APPENDIX 1 I108INTENSIVE RESIDENTIAL DEVELOPMENT PERMIT AREA GUIDELINESCategorySection 919.1(1) (e) <strong>of</strong> the Local Government Act (form and character <strong>of</strong> intensiveresidential development)IntentThe Intensive Residential Development Permit Area is designated to establishguidelines for the form and character <strong>of</strong> intensive residential development byfacilitating a higher standard <strong>of</strong> building design, housing alternatives, sitecompatibility and site aesthetics that promote the important qualities <strong>of</strong> a vibrantresidential neighbourhood. The guidelines are intended to reinforce communityidentity <strong>of</strong> single-family residential neighbourhoods.Objectives• To facilitate a high standard <strong>of</strong> building design, site compatibility and siteaesthetics;• To integrate higher density single-family residential development intoneighbourhoods in the urban area through the establishment <strong>of</strong> generalprovisions for building form and character;• To minimize the impact <strong>of</strong> new single-family inf ill residential development onexisting neighbourhoods;• To provide a mix <strong>of</strong> housing forms, choices and affordability opportunities forresidents in the urban area and at the same time provide for more interesting andvaried urban neighbourhoods;• To provide for a form <strong>of</strong> sustainable development in <strong>Mission</strong> through theeconomic efficiencies gained by capitalizing on existing infrastructure andservices in the urban area by increasing single-family residential densities;• To provide a neighbourhood environment that focuses on pedestrians and awayfrom an automobile dominated streetscape; and• To incorporate Crime Prevention through Environmental Design (CPTED)principles to provide a safe residential environment.ApplicabilityAn Intensive Residential Development Permit is required for all residentialdevelopment proposing urban compact, urban cluster compact and urban infill,including all coach house, garden cottage and duplex buildings, within the urbanarea. Intensive Residential Development Permits are applicable to:• Compact residential development on lands designated Urban Compact /Multiple Family on OCP Map la and Urban Residential — Compact on OCPMaps 1 b;• Cluster residential development on lands designated Urban Compact - Clusteron OCP Maps 1 b;• Inf ill residential development on lands designated Urban Compact / MultipleFamily on OCP Map 1 a;


109• Coach house and garden cottage residential buildings on lands designatedUrban Residential and Urban Compact / Multiple Family on OCP Map 1 a; and• Duplex residential buildings on lands designated Urban Residential and UrbanCompact / Multiple Family on OCP Map 1 a.GuidelinesIntensive residential development is expected to maintain a strong single-familyneighbourhood character in which individual dwelling units are distinguishable fromone another. Intensive residential development achieves higher density <strong>of</strong> singlefamilyas is seen with the traditional neighbourhoods north <strong>of</strong> the downtown core.Increased residential density is accomplished through the development <strong>of</strong> smallerlots with or without coach houses, garden cottages, and through the development <strong>of</strong>duplex housing. This type <strong>of</strong> neighbourhood character <strong>of</strong>fers a range <strong>of</strong> housingtypes while reinforcing the relationship <strong>of</strong> the homes to the street.During the review <strong>of</strong> the development permit application, alternative solutions anddesigns that meet the general intent <strong>of</strong> the guidelines can be considered and appliedto the intensive residential development.General Form and Character• Buildings should utilize variations in the character <strong>of</strong> ro<strong>of</strong>lines, steep slopingro<strong>of</strong>lines, gables, hips and dormers. Massing based on simple, regular shapeswith strong, gable ro<strong>of</strong> forms.• Garages are to be detached that have access from rear lanes. Where rear laneaccess is not possible, garages should be recessed behind the front façade <strong>of</strong> theprincipal dwelling.• Dwellings should be ground entry. Basemententry designs may be considered for dwellingswhen lane access is not possible or wheretopographical constraints exist.• To allow for an interesting streetscape,buildings are to have small or staggered frontyard setbacks.• A higher level <strong>of</strong> architectural detail and, whereappropriate, landscape treatment should beused to emphasize the primary entrances.High quality materials and finishes, such aswood and masonry, are encouraged.• Strongly defined entries that retain a humanscale (i.e. no higher than one storey) andthat relate to the street are encouraged.Extended porches and recessed entries areexamples <strong>of</strong> ways to strengthen therelationship between building and the street.Veranda, elevated entrance andlandscape features provide forstrong delineation between publicand private space• Front porches and/or verandas with overhangs and wood decking with heritagestyle railings should dominate the front (and side on corner lots) <strong>of</strong> the façade.On corner lots, design articulation should continue around to exterior side walls.


110Wraparound porches <strong>of</strong> a functional size such as 1.8 metres (6 feet) in width arepreferred.• Clear delineation <strong>of</strong> public and private space is accomplished through anappropriate scale <strong>of</strong> landscaping and fencing.• Coach houses and garden cottages are to be architecturally compatible with themain structure, particularly where visible from the street.• A duplex should fit into the immediatesurroundings <strong>of</strong> its location and notappear out <strong>of</strong> scale or character to theadjacent homes.• Duplexes are to be architecturallydesigned to avoid a "mirror" image andprovide the appearance <strong>of</strong> one singlefamilyhouse.• To give the impression <strong>of</strong> similar sizeand scale to adjacent homes, the frontelevation <strong>of</strong> a duplex can incorporaterecesses, projections and treatmentsthat give the appearance <strong>of</strong> a smallerbuilding in scale with its neighbours.A duplex should fit into the immediatesurroundings <strong>of</strong> its location and notappear out <strong>of</strong> scale or character to theadjacent homes• Infill housing must be designed to fitinto the immediate surroundings <strong>of</strong> its location and not appear out <strong>of</strong> scale orcharacter to the adjacent homes. Building massing, scale and height shouldcomplement and not disrupt the rhythm <strong>of</strong> buildings and the overallneighbourhood pattern.Do This\lot ThisPervious Surface Retention• A variety <strong>of</strong> materials for driveways, walkways and patio areas should be used tomaximize pervious surface area and be designed to maximize rainwaterinfiltration on-site.


111Building Height• The height <strong>of</strong> principal single-family dwellings shall not exceed two storeys asviewed from the front, unless the third storey is incorporated entirely into the ro<strong>of</strong>form. For secondary dwellings in the form <strong>of</strong> a coach house or garden cottage,the massing shall be secondary to the principal dwelling.• The height <strong>of</strong> infill houses shall not exceed the average height <strong>of</strong> the housesimmediately adjacent to ensure complementary form and character. Theincorporation <strong>of</strong> living spaces within the ro<strong>of</strong> form is encouraged.Parking and Garages• Where a lane is provided, access to <strong>of</strong>f-street parking is to be provided from thelane. Where lanes are not possible, access from the street will be encouraged tocombine two driveways <strong>of</strong> adjacent compactlots minimize entry driveways, curb cuts, andto enhance the streetscape <strong>of</strong> theneighbourhood.Front elevation• Garages should not be the dominant housingfeature along the street. Garage doors shouldappear to be set into the walls rather than flushwith the exterior wall. A variety <strong>of</strong> compatibledesigns that relate to the particulararchitectural design selected should be usedthroughout a development project to reducevisual repetition along the street.• Two single doors are preferred over onedouble door.Garages facing the street • Where lane access is not possible, garagesshould be set back from the facing the street should be distinctly set backfacade <strong>of</strong> the house from the façade <strong>of</strong> the house.• The massing <strong>of</strong> garages should besecondary to the primary form <strong>of</strong> thehome. The design and detailing <strong>of</strong>the garage must be consistent withthe architectural style <strong>of</strong> the homeespecially where doors are visiblefrom the street.Building Orientation• All residential buildings are to havetheir primary façade facing publicstreets, parks, and greenways.Houses on corner lots requirespecial design attention, and assuch flanking and corner sideGarage door design and location awayfrom the road accentuates theresidence rather than the garageelevations should incorporate variations on wall planes, substantial ro<strong>of</strong>linebetween floors, appropriate wall heights, window placement and detailing.


112• Wherever possible, garages are to belocated in the rear yard, with frontentrances and porches featured as thedominant features seen from the street.• For duplex housing, buildings are to beoriented in such a way to allow formaximum delineation <strong>of</strong> rear yard amenityfor each unit.• A duplex building that is located on cornerlot must have the two dwelling units withinthe duplex orientated and designed in away that each front entrance faces adifferent street.Effective use <strong>of</strong> separate entrancesin a duplex provides for theappearance <strong>of</strong> a single family dwelling• For infill housing, front yard setbacks shall be, on average, similar to those <strong>of</strong> thedwellings immediately adjacent.Entries, Porches, and Front Yards• Entranceways are to be covered at the first level. Front doors or individual entriesare to be emphasized through the use <strong>of</strong> entry porches or recessed front doors.• The additions <strong>of</strong> porches/verandas promote neighbourhood interaction andprovide semi-private outdoor space. They should have a functional depth withsome flexibility to project into the front-yard setback. Porches and/or verandasare to be raised above the ground and preferably extend across the entire front <strong>of</strong>the dwelling.• Fencing and hedging in the front yard can be used to delineate public and semiprivatespace. Hedging or fences should be kept low, and the latter should bedesigned to be in keeping with the architectural character <strong>of</strong> the dwelling.• Wood or stone fencing, or a combination <strong>of</strong> the two, is acceptable for front yardswhile chain link metal fencing is not. Picket, lattice or other similar wood fencingis acceptable, while solid fence panels are not.• Gates and/or arbours should be consistent with the style <strong>of</strong> the fence.Built Form Diversity• Diversity <strong>of</strong> building form is encouraged within the same area on the same street.• No street block should have more than two homes with the same architecturaldesign. Variation can be accomplished through the location <strong>of</strong> porches, ro<strong>of</strong> form,façade articulation, and front elevation design details (i.e. variety in windowproportions, trim, materials, and colour).Building Massing• The massing <strong>of</strong> individual houses or buildings should express a strong clearhierarchy <strong>of</strong> forms. Upper floors that are proportionally smaller than the lowermain floors reduce the appearance <strong>of</strong> box-on-box housing forms while allowing forvaried ro<strong>of</strong> forms.• Setbacks in the second-storey break-up the appearance <strong>of</strong> longer walls and allowfor larger skirt ro<strong>of</strong>s along the side <strong>of</strong> a building.


113• Building massing should reflect the character <strong>of</strong> historic homes found in traditional<strong>District</strong> <strong>of</strong> <strong>Mission</strong> urban neighbourhoods. The massing should incorporate strongpitched ro<strong>of</strong> forms, porches, and/or recessed entries.• The scale <strong>of</strong> adjacent buildings should minimize overlooking and shadowingbetween buildings.Ro<strong>of</strong> Forms• Buildings should have strong primary ro<strong>of</strong> forms. Secondary ro<strong>of</strong>s, gables, shedor integrated skirt ro<strong>of</strong>s should be incorporated into the building form to express aclear formal hierarchy and to visually support the primary ro<strong>of</strong> form.Varied roo f IVES create, diverse and interesting'streetscapes• Incorporation <strong>of</strong> living spaces within the ro<strong>of</strong> form is encouraged for principalbuildings and is required for the design <strong>of</strong> coach house buildings.• Ro<strong>of</strong> slopes <strong>of</strong> a minimum <strong>of</strong> 7 in 12 are encouraged, with steeper ro<strong>of</strong>s preferredon dominant and primary ro<strong>of</strong>s.• Garage ro<strong>of</strong>s are to complement the ro<strong>of</strong> form <strong>of</strong> the principal dwelling• Consideration should be given to ro<strong>of</strong>ing materials that achieve an appropriate fitwith the building's structural massing, articulation, and ro<strong>of</strong> forms.Building Finishes• Recommended exteriorfinishes include wood,shingle siding, brick andstone. Vinyl siding isacceptable provided thewindow trim and exterioroutside/inside corners arefinished with wood fasciaboard.• No more than threematerial finishes arepermitted any elevation,with a fourth materialbeing permitted above theupper storey on gable ends ordormers.I I■vf7-7,7 11100TE:milgazumit maw, arEntrance accentuated by detailedtreatment and arched ro<strong>of</strong>- line variation


114• Treatments to front elevations should continue around corners to avoid a "pastedon"appearance.• Flashings, gutters and downspouts should be integrated into the design <strong>of</strong> thehome through colour or other methods.Windows• Windows are to be visually prominent and are to be articulated with color and/ortrim. The largest group <strong>of</strong> windows or those belonging to the primary livingspaces within the building should be <strong>of</strong> a scale that is compatible with themassing and ro<strong>of</strong> forms <strong>of</strong> the building.• Windows are to be <strong>of</strong> a simple configuration, carefully composed to support themassing <strong>of</strong> the buildings. Groupings in the bays are encouraged.• Large horizontal picture windows are discouraged where vertical or squarewindows (individual or in groups) are preferred.• Widows can be arranged and <strong>of</strong>fset from neighbours to maximize privacy.Landscaping• Fencing on corner lots must be placed in a way that ensures good visibility at thecorner as well as creates a significant corner design element by starting the fencebehind the side elevation architectural features.• Stamped concrete front walks and driveways should be considered to create aunique and distinctive feature for compact lot development.• Ornamental trees and shrubs should be included as part <strong>of</strong> the site plan.Plantings can be used to create privacy, break up elevations, and used to ensurethat compact lot subdivisions have a consistent and finished look.Crime Prevention Through Environmental Design (CPTED)• Developers and designers are to consider appropriate safety and naturalsurveillance measures (such as lighting design, visual access/surveillance) as perCPTED principles.• Homes are to be designed so thatprimary living areas have a clear view<strong>of</strong> the street, park, and/or greenway.• Garages are to be oriented so thatthey do not completely block the view<strong>of</strong> the street or lane.• Raised functional porches are to beprovided on the street-facingelevation <strong>of</strong> residences.• The first-floor elevation should be sethigh enough to provide acommanding view <strong>of</strong> the street.ExemptionClear view <strong>of</strong> streets while maintainingprivacy for residentsThe following will be exempt from requiring an Intensive Residential DevelopmentPermit:


115• Excluding coach house and garden cottage, a development proposing toconstruct a new building(s) or an addition to an existing building(s) less than111.5 sq. m. will be evaluated by staff 'in-house' to ensure consistence with theintent <strong>of</strong> Development Permit Area Guidelines;• Internal renovations not resulting in any change to the external appearance <strong>of</strong> thebuilding;• Site improvements such as landscaping and paving;• Subdivision for the purposes <strong>of</strong> lot consolidation, lot line adjustment, or roadwidening to <strong>District</strong> <strong>of</strong> <strong>Mission</strong> standards;• Exterior building envelope repairs covered under the Homeowner Protection Act,SBC 1998 not resulting in any significant change to the external appearance <strong>of</strong>the building; and• Any servicing work undertaken by or on behalf <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>.


I APPENDIX 2 1116LAND USEOFFICIAL COMMUNITY PLAN REFERRALLAN. 47POLICYDate Policy Adopted: <strong>July</strong> 2, 2002Date Policy Amended: June 16, 2003Council Resolution Number: 02/691Council Resolution Number: 03/707During the development <strong>of</strong> a new Official Community Plan, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> will consultwith the organizations listed below prior to First Reading <strong>of</strong> the bylaw.When an amendment is proposed to an Official Community Plan, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> will referthe proposed amendment to the organizations listed below following first reading <strong>of</strong> the bylaw,subject to the following provisions.1. The Fraser Valley Regional <strong>District</strong> will be referred OCP amendment proposals that relateto land that is located adjacent to the boundary <strong>of</strong> Electoral Area "F" or that involve 100 ormore urban lots located anywhere within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>. A referral to the FraserValley Regional <strong>District</strong> will be made during the development <strong>of</strong> new OCP's.2. The <strong>District</strong> <strong>of</strong> Maple Ridge will be referred OCP amendment proposals that relate to landthat is located adjacent to its boundary. A referral to the <strong>District</strong> <strong>of</strong> Maple Ridge will bemade during the development <strong>of</strong> new OCPs.3. A referral to the City <strong>of</strong> Abbotsford will be made during the development <strong>of</strong> new OCPs.4. First Nations will be referred OCP amendment proposals that relate to lands having highpotential for archeological sites. This includes lands adjacent to the Fraser River and otherwatercourses and water bodies.5. School <strong>District</strong> No. 75 will be referred amendment proposals in all cases.6. The Ministry <strong>of</strong> Water, Land, and Air Protection will be referred OCP amendmentproposals that involve a redesignation for residential, institutional, commercial, agriculturalor industrial development that would result in a change to the land use, vegetative cover orsurface water management within a watershed that has been identified as high risk by theagencies, or a property that is within an environmentally sensitive area. A referral to theMinistry <strong>of</strong> Water, Land and Air Protection will be made during the development <strong>of</strong> newOCP's.<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Community DevelopmentPaae 1 <strong>of</strong> 2


117LAN.47Official Community Plan Referral7. The Fraser Health Region will be referred OCP amendment proposals that would increasethe number <strong>of</strong> parcels to be served by on-site sewage disposal systems. A referral to theFraser Health Region will be made during the development <strong>of</strong> new OCPs.8. The Ministry <strong>of</strong> Transportation will be referred OCP amendment proposals for land that islocated within a radius <strong>of</strong> 800 metres <strong>of</strong> an intersection <strong>of</strong> a controlled access highway,where there is a companion rezoning involved. A referral to the Ministry <strong>of</strong> Transportationwill be made during the development <strong>of</strong> new OCPs.9. The Department <strong>of</strong> Fisheries and Oceans will be referred OCP amendment proposalsrelating parcels located adjacent to the Fraser River, any other watercourse or water bodyand where the subject parcels contain creeks. A referral to the Department <strong>of</strong> Fisheries andOceans will be made during the development <strong>of</strong> new OCPs.10. The Land Reserve Commission will be referred OCP amendment proposals for land that iswithin or adjacent to the Agricultural Land Reserve boundary. A referral to the Land ReserveCommission will be made during the development <strong>of</strong> new OCPs.11.Utility Companies will be referred OCP amendment proposals involving 100 or more urbanlots.12.Canadian Pacific Railway will be referred OCP amendment proposals relating to landsdirectly adjacent to its rail line.Council must consider the requirement to make referrals on a case-by-case basis and adopt aresolution to clarify that the referral requirements have been considered. If the referralsconsidered comply with the provisions <strong>of</strong> this policy, the Council resolution should include thefollowing wording "That, upon due consideration <strong>of</strong> Section 879 <strong>of</strong> the Local Government Act,consultations go forward in accordance with Policy LAN.47, and that the persons, organizationsand authorities receiving those consultation referrals are considered to be those affected for thepurposes <strong>of</strong> the Section.<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Community DevelopmentPage 2 <strong>of</strong>


<strong>Mission</strong> "NetON THE FRASERMemo118FILE: PRO.DEV.ZONR09-008To: Chief Administrative OfficerFrom: Marcy BondDate: <strong>July</strong> 6, <strong>2009</strong>Subject: Rezoning Application R09-008 (Toor/McPherson) for 32966, 32978 32982and 32988 Cherry AvenueRecommendation1. That, in accordance with Rezoning Application R09-008 (Toor/McPherson), the Director <strong>of</strong>Corporate Administration prepare a bylaw to amend <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Bylaw 3143-1998 by rezoning the properties located at 32966, 32978, 32982 and 32988 Cherry Avenueand legally described as:Parcel Identifiers: 027-545-563, 027-545-571, 027-545-580, 027-545-598,and legally described as Lots 1, 2, 3, and 4 <strong>of</strong> Section 28, Township 17, New Westminster<strong>District</strong> Plan BCP 36532from RS-1A One Unit Small Lot Urban Residential zone to R1-A One Unit Small Lot UrbanResidential (Suite) zone; andthat the bylaws be considered for 1 st and 2nd reading at the Regular Council Meeting on <strong>July</strong>6th , <strong>2009</strong>; and be forwarded to public hearing on <strong>July</strong> 27, <strong>2009</strong>.Summary <strong>of</strong> ProposalAn application has been received from Gary Toor and KC McPherson to rezone the propertiesat 32966, 32978 32982 and 32988 Cherry Avenue (Map 1) from RS-1A One Unit Small LotUrban Residential zone to R1-A One Unit Small Lot Urban Residential (Suite) zone to allow fora legal secondary suite in each dwelling unit.BackgroundThe property was rezoned in 2007 from RS-2 One Unit Suburban Residential zone to RS-1AOne Unit Small Lot Urban Residential zone to create six single family lots.After the RS-1A zone was adopted and the servicing plan prepared by the developer's engineer,it was evident that with the location <strong>of</strong> the services in the rear lane, there was not enough roomfor detached garages, as originally proposed. Thus, staff supported a variance to reduce thefront yard setbacks facing Cherry Avenue from 6.0 metres to 4.0 metres to provide for adetached garage at the rear <strong>of</strong> the house and to create more back yard space. This reduced isa characteristic to control the massing and form and character <strong>of</strong> dwellings. Staff was able tosupport this variance because the developer had agreed to form and character covenants.Official Community Plan DesignationNo Official Community Plan amendment is required for the proposed rezoning.Policies in the Official Community Plan which support the creation <strong>of</strong> secondary suites are asfollows:PAGE 1 OF 8


119Affordable Housing thorough Innovative Housing FormsPolicy 2.5.3 Facilitate the development <strong>of</strong> affordable, rental and special needshousing through supporting multi-family housing developments, small house/small lothousing, secondary suites, duplexes in appropriate locations, mixed market/non-markethousing projects, coach houses, granny flats and other innovative housing forms.ZoningThe proposal is to rezone the existing lots created under the RS-1A zone, with a minimum lotsize <strong>of</strong> 465 sq. metres to R1-A suite zone, also with the same minimum lot size <strong>of</strong> 465 sq.metres. Therefore, there will be no change in the number or the size <strong>of</strong> the lots with theadoption <strong>of</strong> the R1-A suite zone.Analysis <strong>of</strong> ProposalThe rationale for rezoning the subject properties, is that [completion <strong>of</strong> the building permitdrawings], the designer realized, the minimum building elevations would not allow for the 2storey house designs previously approved. Thus, the developer is requesting that the covenantbe amended to allow 2 storey dwellings with basements and to further allow the dwellings toaccommodate a secondary suite.Because the proposed 2 storey dwellings, with basements on Lots 1-4, can easilyaccommodate a suite, the developer wishes to build "suite ready" homes. The requirements fora dwelling to be considered "suite ready" are described on Appendix 1. Thus, the housesdesigns (Plans 1-4) meet the requirements for the British Columbia Building Code forsecondary suites.Designing the dwellings as "suite ready" also means the suites must be permitted under thezoning bylaw. The R1-A suite zone allows for the same size lots, 465 sq. metres and uses asthe RS-1A, but also allows for a secondary suite, provided the suite does not exceed 90 sq.metres (968 sq. feet) in size.Parking for the suite must also be provided on each lot. Plans 1-4 show the location <strong>of</strong> "thesuite parking" on the site plan.Although this is a 2 storey house with a basement, the overall height <strong>of</strong> the house from the lanehas not changed from what was previously approved, due to the grade <strong>of</strong> the lane beinglowered during subdivision to better accommodate the dwellings.Public Hearing Information PackageIn accordance with Council Policy LAN.50 — PRE-PUBLIC HEARING INFORMATIONPACKAGES, a package <strong>of</strong> information will be produced containing material related to thisdevelopment application.Requirements Prior to Adoption <strong>of</strong> the Zone Amending Bylaw• Any items that Council may require resulting from the Public Hearing or Council consideration<strong>of</strong> the application.Staff, recommends that the rezoning proposal proceed to Public Hearing meeting on <strong>July</strong> 27,<strong>2009</strong>.cmr(Aas\f-it buN-d\Marcy Bonda \COMDEV\MARCY\APPLICATIONE1REZONING \<strong>2009</strong> APPLICATIONS\ R009 TOOR MCPHERON CHERRY\COW.DOCFILE:PRO.DEV.ZON PAGE 2 OF 8RN-008


nvI 32821 o/co%) I3226 tA o3299832835328390 : 3 o• .6mto IA32845 0 ,818332857 I'll 8195'877 8200 0 co co 03 co cb8toP.) 1.4t o879 8202 'coMcINTYRE ST1212 'tp8206 CO16)CO 0316.1Cop,)29198208COCP0101"6.1CP821603 CO CO CO CO16)OJ IV IVCOA6.1BOWYER DR.to"tocoLCO CO COID1))16.1 16.) 163CO COcoP.) 01W2953 32952 32955 32956-2969iv N32967 32968t.)to1"2973g?:0 laZdH8262 3297401 64* 3298601 01 V CO01 CA V LPtA (.4to It,3co co co163 46 ...•10 0"4.329573296732977 32976iS329833299732996-3013 co co coCO33005 33006t.)P.)OI 008211 40 try*6133015.3031.3045DOGWOOD ST 33025 33024COP.3ooco4603 OiCoco1%)co82608278330443305033066330843303533045330533306733083mul3283532841f7033020 33019to330503305833064ON 8 sz330273303333047330573306533071CR V I 832836328483302833038330483305633066ID8425329093291932939329593303533067JUDITH STCDCO01329103292832944to4coOv i32960cotooo0co163P.3 0COO CI00toto


121ElevationsPlan 1Lot 1 & Elevations & Site PlanSite PlanSuiteParkingsrr PLANFILE:PRO.DEV.ZON PAGE 4 OF 8R09-008


122Site PlanPlan 2Lot 2 Elevations and Site Plan157Fr=r-''1CPI-ANSuiteParkingElevations1:1111.-T-:111111111111111111111.1IllillFILE:PRO.DEV.ZON PAGE 5 OF 8R09-008


123Plan 2Lot 3 Elevations and Site PlanSite PlanSuiteParkingLANESITE PLANElevationsE1, _ I:11Elldu:ii■iiiiFILE:PRO.DEV.ZON PAGE 6 OF 8R09-00b


124Site PlanPlan 3Lot 4 Site Plan & ElevationsSuiteParkingElevationsFILE:PRO.DEV.ZONR09-008PAGE 7 OF E


125Appendix 11 Suite must be located in the basement or on the first floor andsubstantially below the principle dwelling's living area.2. Floor plan must show location and size <strong>of</strong> potential construction, the fullextent <strong>of</strong> the suite ceiling must be dry walled with 5/8" Type X or drywallentire ceiling with 5/8" Type X.3. Where completed as part <strong>of</strong> the permitted construction, vertical fireseparations should be finished with 5/8" Type X drywall.4. Where concealed by permitted finishes, fire stopping must be installed inthe appropriate locations.5. Window areas should conform to egress requirements for futurebedrooms.6. Make provision for separate exit to the exterior.7. Make provision for in-suite or shared laundry.8. Make provision for exit protection <strong>of</strong> the suite area from the main unit (orvice versa).9. Make provision for one additional parking space (show on a site plan)-landscaping must be parking friendly.10. Headroom must meet current standard for rooms in the BCBC.11. Make provision for independent heating system, e.g. gas fireplace, secondfurnace, or electrical panel sized to accommodate electric heat for thesuite.12. Make provision for smoke detection, i.e. plan for inner-connection andphotoelectric units- pre-wire in voids that are concealed under the currentpermit.13. Make provision for separate mechanical ventilation for the suite-pre-ductin voids that are concealed under the current permit.14. Size electrical panel for split receptacles for future kitchen.FILE:PRO.DEV.ZON PAGE 8 OF 8R09-008


126MemoFORESTRY DEPARTMENTFILE CATEGORY: FOR.FIR.PREV.FILE FOLDER: MISCELLANEOUSTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Forest ManagementDate: June 17, <strong>2009</strong>Subject: Fire Preparedness Levy Conditional Compensation AgreementRecommendationThat the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> sign a Fire Preparedness Levy Conditional CompensationAgreement with the Ministry <strong>of</strong> Forests.BackgroundThe Wildfire Act is the legislation that controls various forest fire issues in BC includingcompensation. The provincial government has said it intends in the future to make anamendment to section 17 <strong>of</strong> the Wildfire Act that will be able to provide licensees quicker costrecovery under certain conditions if the licensee finds themselves in a position where they needto or are obligated to fight a forest fire but would also allow the MOF to recover costs paid if laterdetermined the licensee caused or contributed to the fire. Until this amendment is made, theMOF has a new agreement called a 'Fire Preparedness Levy Conditional CompensationAgreement' (Agreement) that is an interim solution. As <strong>Mission</strong> is the holder <strong>of</strong> Tree FarmLicense 26 and pays into the fire preparedness levy through the Annual Rent Regulation underthe Forest Act, we are eligible to sign this agreement.The MOF also has 'Policy 9.1 — Wildfire Control Responsibilities & Costs' that provides moredetail on conditions <strong>of</strong> licensee cost recovery, repayment etc. Specifically, if <strong>Mission</strong> signs thisnew Agreement:• If we have a forest fire in our TFL, where the cause <strong>of</strong> a fire is undetermined the MOFwould reimburse our costs incurred for voluntary and obligated fire suppressionresponse prior to determining if we caused the fire, contributed to the spread <strong>of</strong> the fireor contravened a regulation.• If we did cause the fire but no wilful act or omission has occurred, the MOF will not seekreimbursement <strong>of</strong> its fire control costs. If it is subsequently determined that the licenseecaused the fire or contributed to the spread, compensation <strong>of</strong> our costs paid becomes adebt to government and is to be repaid to government. However, we would nonethelessbe responsible for our own costs under such a scenario anyway.• There is also a pre-approval threshold <strong>of</strong> 3 hours maximum total flight time for aircraft, ifrequired, as long as the aircraft are hired from the MOF Air Carrier Directory.PAGE 1 OF 2


127• Also, MOF Fire Centre Managers have been instructed to issue a companion exemptionto a licensee that signs the Agreement, which will limit the licensee's obligated fireresponse period to 48 hours on a fire that is not at their worksite. This will also limit theupfront costs paid by a levy paying licensee.This Agreement deals with the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s role as a 'licensee' rather than only amunicipality. Policy 9.1 also references how the MOF relates to a 'municipality' and this hasbeen discussed with the Fire Chief who said he was aware <strong>of</strong> Policy 9.1.The above Agreement may limit some <strong>of</strong> the costs that <strong>Mission</strong> could potentially spend on aforest fire and it also appears to provide some administrative and prompt cash flow benefits, sostaff recommends entering into this Agreement. At this time other coastal licensees that havesigned the agreement are Western Forest Products, Teal Cedar and International ForestProducts with Richmond Plywood to sign soon.Kim Allan, RPFg/Forestry/Nm/Fire Preparedness Levy memoPAGE 2 OF 2


ACTIVITY APRIL MAY JUNEVisitors to <strong>of</strong>fice 156 139Lock Out Auto Crime Audits completed 818 360Citizen Patrol hours (time on the street) 172 161Beat Patrol hours (time on the street) 101 122Speeding letters sent 71 37Subpoenas served from CPO 24 17ACTIVITY APRIL MAY JUNELicence Plates checked 3125 5873Speedwatch vehicles checked 3470 1702<strong>Mission</strong> Crime Prevention OfficeProgram Stats <strong>2009</strong>900 -8007006005004003002001000-Visitors to <strong>of</strong>ficei-----__-1,---4kaii...-Lock Out Auto Crime Citizen Patrol hours Beat Patrol hours (timeSubpoenas served fromSpeeding letters sentAudits completed (time on the street) on the street)CPOtEl APRIL 156 818 172 101 71 24El MAY 139 360 161 122 37 177000 -6000 -5000 -4000 -WOO -20001000 -Licence Plates checkedSpeedwatch vehicles checked[A PRIL 3125 3470EMAY 5873 1702


129MEMBER NOTICETO:FROM:Mayor and CouncilChair and Regional BoardAdministratorGary Macisaac, Executive DirectorDATE: June 25, <strong>2009</strong>RE: RCMP CONTRACT RENEWAL UPDATEThis memorandum is being forwarded to L.TBCM member local governments asinformation in relation to the renewal <strong>of</strong> the RCMP Contract. It also advises <strong>of</strong>opportunities for input with respect to this important matter.Background:As you are aware, the provincial and federal governments are in the process <strong>of</strong> renewingthe Agreements (or contracts) under which the RCMP provides police services in B.C.There are three inter-connected Agreements ("the Agreements") that are being renewedsimultaneously:1. The Provincial Police Services Agreement (PPSA) - this provincial-federalAgreement engages the RCMP as the provincial police force.2. The Municipal Policing Agreement (MPA) — based on the PPSA, this provincialfederalAgreement allows the Province to sub-contract RCMP police services tomunicipalities.3. The Municipal Police Unit Agreements (MPUA) this municipal-provincialAgreement is between RCMP-policed municipalities and the Provincialgovernment.The term <strong>of</strong> the current Agreements is from 1992 to 2012 (i.e., they expire on March 31,2012). The renewal <strong>of</strong> the Agreements is referred to as the Contract Renewal Process.Each <strong>of</strong> the 3 Agreements is quite similar in terms <strong>of</strong> content.The Contract Renewal Process is being managed in two phases. The first phase, which iscurrently underway, is the "information-gathering" phase. The information-gathering01./L 'd S'v20 'ONNOISSILAJ , 01S311I1VdIDINIM dO Now Wd6t,, L 600 '9 'Nu


130phase is expected to be completed in late <strong>2009</strong>. The second phase is the "negotiation"phase that will take place over the course <strong>of</strong> 2010.In a communication, dated March 31, 2008, to all UBCM member local governments, theExecutive Director <strong>of</strong> the UBCM advised <strong>of</strong> the appointment <strong>of</strong> a local governmentrepresentative to the Province's Contract Renewal Team and <strong>of</strong> the appointment <strong>of</strong> alocal government working group (LGWG) that would assist in developing information insupport <strong>of</strong> contract negotiations on behalf <strong>of</strong> B.C. municipalities. The local governmentrepresentative and the members <strong>of</strong> the LGWG are listed in Appendix "A".Since May 2008, the LGWG has met regularly to discuss the development <strong>of</strong> a draftmandate for negotiations and a communications process to ensure that the interests <strong>of</strong>affected municipalities are well understood and properly balanced in developing themandate. In addition, the working group has met on several occasions with the AssistantDeputy Minister for Policing and Community Safety, Mr. Kevin Begg, to discuss theContract Renewal Process and the list <strong>of</strong> contract issues that has been identified to dateby the local governments. Mr. Begg chairs the Provincial/Territorial Contract AdvisoryCommittee (PfCCAC), which is comprised <strong>of</strong> representatives <strong>of</strong> the eight provinces andthree territories that have an RCMP contract for police services. The P!TCAC isnegotiating the new Agreements with the Federal government.The UBCM local government representative has attended to observe the meetings <strong>of</strong> theP/TCAC with the Federal government negotiating team,Local Government Commonalities and Differences:The LGWG has come to recognize that there are some common issues facing all localgovernments in B.C. related to the delivery <strong>of</strong> RCMP police services and at the sametime there are some unique issues facing smaller communities and detachments in B.C.and some unique issues which larger communities are facing. It is the desire <strong>of</strong> theLGWG to identify the commonalities while also respecting the differences betweencommunities.Provincial Principles Forming the Basis <strong>of</strong> the New AgreementsThe preamble to the new PPSA is currently being developed by the Federal governmentand the Provinces and Territories. The preamble is intended to articulate the fundamentalprinciples upon which, the new Agreements will be based. The Province has advised thatthe three primary principles are:1. A change in the relationship between the federal government and theProvinces and Territories from being "client-based" to being "a realpartnership";2. An emphasis on at contain' nipnt in relation to the delivery <strong>of</strong> police servicesafter 2012. The Provinces and Territories want to minimize any increases to the0l/6 'd S1720 ON S3III1VJI3INPA 38 dO NOINII Acii7:C 6006 Anr


131cost base in the new Agreements and have input into policy and legislation thatwill impact costs after 2012. They want mechanisms put in place to help controlcosts now and in the future, so that the Provinces, Territories and LocalGovernments can have the best possible service for the dollars spent on policing.3, An emphasis on operational and financial accountability, including betterreporting to contract partners and the ability to conduct value for money analysisand financial and operational audits,Issues Identified to Date by Local Governments:Appendix "B" to this communication lists the key matters that have been identified todate by B.C. local governments as important considerations in relation to the renewal <strong>of</strong>the Agreements.Current Work <strong>of</strong> the UBC1V1 Local Government Working Group (LGWG):With a view to the feedback that has been received to date from local governments, theLGWG is reviewing on a clause-by-clause basis the current MPUA with the objective <strong>of</strong>establishing the following:1. Which clauses in the current MPUA need to amended and how;2. Which, if any, clauses need to be deleted; and3. What "gaps" are there in the current MPUA for which clauses need to be addedand what should those clauses contain?This clause-by-clause review will result in the development <strong>of</strong> a series <strong>of</strong> discussionpapers, with each paper addressing a specific element or clause within the MF'UA.On-going communications with local governments:The objective <strong>of</strong> the UBCM communication process is to provide clear, transparent andopen communication with every local government that contracts with the Province forRCMP police services. The following describes the communication process that will befollowed through the remainder <strong>of</strong> the information-gathering stage <strong>of</strong> the ContractRenewal Process:1. The UBCM has established a dedicated web page within its website to which allUBCM communications related to the RCMP Contract Negotiations are postedalong with any relevant information related to the key matters that have beenidentified by local governments.2. The UBCM will forward for review to each BC local government in earlySeptember a policy paper on policing costs and it will include work that iscurrently being developed by the LGWG on the RCMP contract as referencedabove.'d Yi080 'ONS3IlllVdI3INnA 38 3O NOINn ND:L. 6006 '96 vr


1323. The UBCM will organize as part <strong>of</strong> the <strong>2009</strong> UBCM Convention, a forum formember local governments to discuss the policy papers and the issues identifiedby the LGWG with a view to better understanding the final position with respectto each issue.4, The input from the forum will be used by the LGWG to develop a recommendedposition for each identified issue for consideration and approval by the UBCMBoard. Input from the Province will be requested on the draft recommendedposition related to each key issue prior to UBCM Board consideration. Asummary <strong>of</strong> the Board-approved positions on each <strong>of</strong> the key issues covered bythe position papers will then be forwarded to the member local governments asinformation and will be posted on the UBCM website.5. These final positions will be forwarded to the Province as input to be used in thenegotiation process with the Federal government.The communication and input process related to the "negotiation" phase <strong>of</strong> the ContractRenewal Process will be discussed with member local governments as part <strong>of</strong> the forumto be held at the <strong>2009</strong> UBCM Convention,Need for Continuing Local Government InvolvementParticipating in the UBCM process around the renewal <strong>of</strong> the Agreements is critical forlocal governments to ensure that the final Agreements reflect the priorities <strong>of</strong> all <strong>of</strong> theaffected parties. Therefore, it is important that there be full and on-going participationfrom the affected local governments. The LGWG needs input if it is to be effective in itsrole.If you or your local government has any comments or input related to the informationcontained in this communication, please forward such input to Ken Vance at the UBCMOffices in Richmond at 604-270-8226 or at kvanc eCik. Further informationregarding the up-coming forum at the <strong>2009</strong> UBCM Convention will be forwarded to youin the nest few weeks.00 d St40 S3III1VE3IM a8 JO NOINn WdPv:L 60H


133APPENDIX ALOCAL GOVERNMENT REPRESENTATIVESLocal Government Representative to the Provincial Negotiating team for the RCMPContract:Murray Dinwoodie, CAO/City Manager. City <strong>of</strong> SurreyUBCM Local Government Working Group — RCMP Contract:Murray Dinwoodie, CAO/City Manager. City <strong>of</strong> SurreyAndy Laidlaw, General Manager Community Services , City <strong>of</strong> NanaimoPaul Gill, General Manager, Corporate & Financial Services, <strong>District</strong> <strong>of</strong> Maple RidgePhyllis Carlyle, General Manager <strong>of</strong> Law and Community Safety, City <strong>of</strong> RichmondChad Twin, Deputy City Manager, City <strong>of</strong> BurnabyKeith Grayston, Financial Planning Manager, City <strong>of</strong> KelownaJim Chute, CAO, City <strong>of</strong> Dawson CreekFred Banham, CAO, Peace River Regional <strong>District</strong>Corien Speaker, CAO, <strong>District</strong> <strong>of</strong> ElkfordVictor Kumar, CAO, City <strong>of</strong> Grand ForksKen Vance, Senior Policy Advisor, UBCMOL/S 51780 'ONS3III1VdIDINnA a8 JO NOINn AdEt:L 6002 9z Nor


134APPENDIX "B"Ha ee en !ii•I IRenewal_ <strong>of</strong> thE RCMP Contract for Police ServicestipCog.-relatgd issues:I. Continuing rapid escalation <strong>of</strong> the costs <strong>of</strong> RCMP local police services (abovethe sum <strong>of</strong> inflation and population growth): Police services -relatedexpenditures in most B.C. municipalities with a population <strong>of</strong> greater than 5,000are the single largest budget item in the annual operating budget. In the case <strong>of</strong>the City <strong>of</strong> Surrey the operating costs associated with the RCMP contract policeservices absorb 45% <strong>of</strong> the City's total revenues from property taxes. Thesepolice services costs have been increasing by percentages higher than the sum <strong>of</strong>inflation and population growth for many years. Between 1999 and 2008,thecompound effect <strong>of</strong> growth and inflation combined was 55%. During this sameperiod the amount paid by Surrey for RCMP contract police services rose by129%. This trend is not sustainable and fundamental adjustments in how thesecosts are allocated between orders <strong>of</strong> government are necessary or new revenuestreams need to be provided to local governments to assist with the burden <strong>of</strong>escalating police services costs. The cost-sharing formula in the current Contractneeds to remove a larger amount <strong>of</strong> the cost burden from local government.2. Cost Sharing for local government police services between orders <strong>of</strong>government: Most <strong>of</strong> the activities <strong>of</strong> local government police services aredriven by legislation and regulations that are within the jurisdiction <strong>of</strong> theProvincial and/or Federal governments and yet most <strong>of</strong> the costs associated withpolice services are being paid by the local order <strong>of</strong> government. A study shouldbe undertaken on this issue to be used as information in the structuring <strong>of</strong> a newcost allocation formula between orders <strong>of</strong> government related to police services.3, Cost control and certainty: Information available to local governments islimited about bow costs are controlled by the RCMP and about the reasons foradjustments in the costs <strong>of</strong> police services that occur from year to year. Thesalary adjustments that are made within the RCMP structure occur withoutconsultation with local government. In addition, there are times when little noticeis given by the RCMP or the Province in relation to changes in the cost structure<strong>of</strong> the RCMP and the payments that local governments must make for the RMCPlocal detachment. For example, in late 2007, the RCMP sent out a notice that asignificant increase in premiums payable by local governments for the RCMPpension plan. This notice came very late in the budget process <strong>of</strong> most localgovernment for 2008 making it necessary to make adjustments to the draft 2008budget late in the approval process. The RCMP can and at times do makeunilateral decisions that affect the costs payable by local government withoutconsultation with the local government This is not considered reasonable in thecontext <strong>of</strong> a "contract" or "partner' relationship.OL/9 d 5t780 'ONSElI1VdIOINnA OS JO NOINn lAcIPP:L 6006 '96 'Nu


1354. Cost-shared elements <strong>of</strong> the Contract in comparison to elements for whichthe costs are borne entirely by the local government: Under the current F/PContract and MPU Agreements, the cost-sharing formula applies to someelements <strong>of</strong> RCMP polices services costs and other elements are paid entirely bythe local government These need to be reviewed with a view to moving moreitems to the cost-sharing arrangements. For example, the cost <strong>of</strong> providingbuilding space for the RCMP is entirely borne by the local government5. Regional Integrated Teams: With the introduction <strong>of</strong> regional integrated teamsin the lower mainland a number <strong>of</strong> years ago, all local government detachmentscontributed either members or a cost-sharing contribution to the integrated teams,which reduced the manpower available for addressing local police services. Theregional integrated teams do not report to local governments in the lowermainland but rather report to the OW <strong>of</strong> the Lower Mainland <strong>District</strong> (LMD) <strong>of</strong>the provincial police. In that these teams report to the LMD, the costs for theseteams should be borne by the province.6. Sharing <strong>of</strong> the Proceeds <strong>of</strong> Crime (Civil Forfeiture) with local governments:Resources generated through the proceeds <strong>of</strong> crime legislation are not available tolocal government to <strong>of</strong>fset the costs <strong>of</strong> the local government police serviceresources that are most <strong>of</strong>ten responsible for apprehending the criminals fromwhich the proceeds <strong>of</strong> crime are recovered. A formal arrangement needs to be putin place,7. Financial Planning: The RCMP does not currently provide longer term (5 year)financial plans to local government. Introducing such planning would assist localgovernments to manage anticipated cost adjustments through the "fore warning"that such a process would provide. It would also allow discussions to occurbetween the parties that would build trust and understanding <strong>of</strong> the financial side<strong>of</strong> the RCMP operation,Accountabilitv-related issues:1. No formal dispute resolution mechanism exists: Smaller municipalities havestated that when the RCMP does not provide service in a satisfactory mannerthere is no formal complaint or resolution process. The organizational structure<strong>of</strong> the RCMP is not well understood and there is no good source <strong>of</strong> information inthis regard. A formal complaint resolution process needs to be embedded in theMPU so that when issues are identified there is an efficient and effective processin place to achieve resolution.2. Accountability for addressing local priorities: The RCMP do not provide aconsistent formal report to the local governments about their activities and attimes appear to deal with local priorities only if the local priorities align with theRCMP priorities that are established by the Federal government. It was noted thatS20 'ONflIlI1VdIDINOW 09 JO NOINO IAJJE:L 60H W Anr


136in smaller communities, depending on the OIC there is limited dialogue betweenthe OIC <strong>of</strong> the RCMP detachment and the related local government Council,particularly where the RCMP detachment facility is not located within the areaunder the jurisdiction <strong>of</strong> the local government. A formal mechanism needs to beestablished and consistently applied for the OIC <strong>of</strong> each detachment to seekagreement from and sign <strong>of</strong>f by the local government on a regular basis, sayannually, regarding the local priorities that are to be addressed by the detachmentincluding service targets that are to be met and that the OIC meet with each localgovernment for which the detachment provides service on a regular recurringbasis over the course <strong>of</strong> each year.3. RCMP member vacancy rates: Concern has been raised that although thesituation has improved somewhat, RCMP member vacancy rates continue t<strong>of</strong>luctuate beyond acceptable levels in local detachments. It was also noted thatthere is a concern that Federal government RCMP positions are being left vacantto fill RCMP contract positions within local government detachments and that thevacancies in the Federal positions may in fact be causing more serious crimes atthe local level since the Federal positions address areas such as drug traffickingand organized crime, both <strong>of</strong> which if left unchecked cause serious crime in localcommunities. This is putting extra pressure on local detachments. -4. Application <strong>of</strong> Best Management Practices: Concern was raised that some <strong>of</strong>the approaches being used by the RCMP are not consistent with current "bestmanagement practices"; for example, civilianization, being the use <strong>of</strong> RCMPmembers in positions where civilian pr<strong>of</strong>essionals may be more appropriate (i.e.,budget management, information technology, human resources, crime analysis,etc.), Similarly, the practice <strong>of</strong> "promoting from within" tends to lead to a strongbias toward traditional approaches as compared to the new ideas and approachesthat come with introducing on a regular basis "outsiders" in intermediate andsenior management positions.5. Performance Standards: There is no standard measuring and reporting systemfor each RCMP detachment in the Province to report to the respective localgovernment(s) served by the detachment The development <strong>of</strong> a performancestandards and a more standardized means <strong>of</strong> reporting out should be established.6, Police Buildings: The current Contract is very one-sided in relation to therequirement for local governments to provide building space for use by theRCMP. The RCMP can demand the delivery <strong>of</strong> additional space and the localgovernment must deliver the space. There is not dispute resolution mechanism inthis regard. The Contract should be adjusted to provide for the parties to come toan agreement on building requirements and where an agreement cannot bereached that a balanced dispute resolution mechanism be established.7, Reporting Structure <strong>of</strong> the RCMP: It was noted that the OW <strong>of</strong> the localdetachment reports to two "masters", being the local Council and "E" Division,OL/G d S .1720 'ON S3I111VdIDINOW O dO NOW IdE17:L 6001


137which reports to the Commissioner in Ottawa, Where there is disparities betweenthe needs and directions <strong>of</strong> the respective "masters", the needs and directions <strong>of</strong>"E" Division and Ottawa appear to supersede the local needs. There needs to bestronger focus by each local detachment in meeting the priorities and needs <strong>of</strong> thelocal government that they are serving, more like a local independent policeservice.8. Accountability Related to the Use <strong>of</strong> Detachment Resources forRegionaUProvinciaUFederal events/needs; Concern was raised that localdetachment resources are taken away from local detachments and put to use forregional/provincial/national events and that there is no formal accounting for themember-hours that are lost through this process to the local detachment. A formalregular method <strong>of</strong> reporting and accounting for such usage <strong>of</strong> member time needsto be established to ensure that local governments are not paying for policeservices that are not <strong>of</strong> a local nature and that local police service needs do notunduly suffer due to constrained resources brought on by member absences forevents outside the local jurisdiction.9. Ratio <strong>of</strong> new cadets to veteran members and continuity <strong>of</strong> members in thecommunity: A concern was raised that the number <strong>of</strong> cadets in somedetachments is disproportionately high in comparison to veteran members, Thisratio needs to consistent across detachments so that local policing is notcompromised due to lack <strong>of</strong> reasonable experience. Similarly, there is concernwith the constant turnover <strong>of</strong> members in detachments that tends to undermine thedevelopment <strong>of</strong> strong relationships, a good understanding <strong>of</strong> and an empathy forthe needs and priorities <strong>of</strong> the local community. In this regard independent policeservices have a much better track record <strong>of</strong> having long serving members thatknow the community well and understand the priorities and needs <strong>of</strong> thecommunity.10.Experienced members moved from local detachments to Provincial orFederal RCMP police services: Due to the nature <strong>of</strong> the police servicesdelivered by each order <strong>of</strong> government, there is concern that experienced veteranmembers are taken from local detachments and moved to Federal and Provincialpolicing responsibilities due the demands <strong>of</strong> the types <strong>of</strong> police services that aredelivered, which leaves the local detachments with less experienced members andbeing less capable <strong>of</strong> delivering effective police services locally.11.Involvement by the local government in the selection <strong>of</strong> the OIC and othersenior members in the local detachment: Although "E" Division has beenmoving toward a selection model that includes the involvement <strong>of</strong> localgovernment representatives in the process <strong>of</strong> selecting an OIC for the localdetachment there is no formal requirement in the MPU or Contract in this regard,This should be embedded in the Contract and MPU agreement.Ol/6 'd 5110 'ONS3I1I1VdDINnA 38 JO Now NdWC 6006 '96 vir


13812. Opting Out Provisions: The MFG agreement and the F/T Contract needs torecognize and allocate specific responsibilities and allocations to each <strong>of</strong> theparties where a local government chooses to withdraw from an MFG agreementand introduce an independent police force within its jurisdiction. Currently, thecontract does not deal with this potentiality in sufficient detail.Ol/Ol d S .n0 'ONS3I1I1VdIDINDI D8 JO NOINO Adt717:L. 600Z '9Z Anr


139DISTRICTON THE FRASERCorporate AdministrationMemorandumFile Category:File Folder:ADM.BYL.BYLCouncil Procedure BylawTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Corporate AdministrationDate: June 11, <strong>2009</strong>Subject: Amendments to Council Agenda StructureRecommendationThat section 3 (k) <strong>of</strong> <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Council Procedure Bylaw 3694-2004 beamended by changing the order and the naming <strong>of</strong> the headings <strong>of</strong> council businesson the council agenda as follows:(1) Proclamations(2) Delegations and Presentations(3) Committee <strong>of</strong> the Whole*listing <strong>of</strong> each committee and the topics under each*to now include any items that would formerly have been "Correspondence"(4) Rise and Report(5) Adoption <strong>of</strong> Committee <strong>of</strong> the Whole Report(6) Adoption <strong>of</strong> Informational Items*omnibus resolution to receive all items(7) Bylaws(8) Council Minutes for Adoption(9) Other Business(10) Chief Administrative Officer's Report(11) Mayor's Report(12) Councillor's Reports on Committees, Boards and Activities(13) Question Period(14) AdjournmentPage 1 <strong>of</strong> 3


140BackgroundThe recommended changes are intended to simplify and make more efficient use <strong>of</strong>the agenda items that council deals with at its regular meetings.Under the proposed revisions any report or document that requires a councildecision will be included in the committee <strong>of</strong> the whole section <strong>of</strong> the agenda. As inthe past, these items will be listed under the appropriate committee.While for the most part this is not a departure from the current process, it wouldalso include items that are currently included under the "Correspondence" heading.The major change is that external documents that are informational would all belisted under the heading "Adoption <strong>of</strong> Informational Items". While it is expectedthat the number <strong>of</strong> items will be limited, whatever number there are will bedisposed <strong>of</strong> by one single omnibus resolution.The change in the order is also intended to be more audience friendly. Forexample, bylaws would be addressed much earlier in the proceedings. Currentlyaudience members <strong>of</strong>ten have to sit through virtually the entire meeting to find if aparticular bylaw is adopted.The c -•t order <strong>of</strong> business is attached.Page 2 <strong>of</strong> 3


141(1) Proclamations(2) Committee <strong>of</strong> the Whole(3) Adoption <strong>of</strong> Committee <strong>of</strong> the Whole Report(4) Minutes(5) Business Arising from the Minutes(6) Chief Administrative Officer's Report(7) Mayor's Report(8) Councillor's Reports on Committees, Boards and Activities(9) Bylaws(10) Correspondence(11) Other Business(12) Question Period(13) AdjournmentPage 3 <strong>of</strong> 3


mi sTsiconOFON THE FRASERFinance DepartmentMemorandum142File Category: ADM.POL.CURFile Folder: Financial AdministrationTo: Mayor and CouncilFrom: Director <strong>of</strong> FinanceDate: June 25, <strong>2009</strong>Subject: General Administration and Engineering Cost Recoveries Policy FIN.38RecommendationThat Policy FIN.38 General Administration and Engineering Cost Recoveries be amended by increasingthe water and sewer utility administration fees (engineering) from 5% to 5.5%.BackgroundAt the March 23, <strong>2009</strong> closed meeting, council approved a new exempt position <strong>of</strong> Design Engineer. Inorder to partially fund this position, the director <strong>of</strong> finance and the director <strong>of</strong> engineering and publicworks recommended that a 0.5% increase to the water and sewer utility administration (engineering) feebe instituted.Staff are now seeking council's formal approval to amend the policy.Ken BjorgaardPage 1 <strong>of</strong> 1


143FINANCEGENERAL ADMINISTRATION AND ENGINEERINGCOST RECOVERIESFIN.38POLICYDate Policy Adopted: 2005/11/07 Council Resolution Number: 05/9191. GeneralGeneral administration support is provided to all operating funds/areas and to capitalprojects. In addition, engineering support is provided to certain operating funds/areasand to certain capital projects. As the operating funds/areas and the capital projects areutilizing general administration and engineering resources, the costs associated withthese support services need to be allocated to the various funds/areas and to the capitalprojects accordingly.2. Cost Recovery MethodologyWhereas is it is not feasible and practical to track the actual amount <strong>of</strong> generaladministration and engineering services/costs utilized by the various operatingfunds/areas and the capital projects, the <strong>District</strong> needs to estimate the amount <strong>of</strong>resources utilized in each operating fund/area and by the capital projects. As such, the<strong>District</strong> will hereby establish cost recovery percentages, which will be calculated on thevarious expenditures (does not include general administration and engineering costrecovery expenditures) within the various operating and capital areas.3. Cost Recovery Areas, Items and Percentage RecoveriesThe general cost items that are utilized by each operating fund/area are noted in Table 1below, together with the expenditure cost recovery percentages that will be charged.<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Finance — General Administration and Engineering Cost Recoveries - FIN.38 Finance Department Page 1 <strong>of</strong> 2


GENERAL ADMINISTRATION AND ENGINEERING COST RECOVERIESFIN. 38144Table 1 — OPERATING COST RECOVERIESOperating Areas General Administration (1) Engineering (2)Equipment Operations 1% 1%Forestry Operations 5%N/ATo a maximum <strong>of</strong> $150,000 per yearRefuse Operations 3% 3%Water Utility Operations 5% 5%Sewer Utility Operations 5%5%Transit Operations 3%3%(1) For General Government Management Staff; General Accounting including Invoicing,Collections, Accounts Payable, and Payroll; Budgeting & Financial Reporting; InformationTechnology Services; Purchasing & Stores Services; and Liability Insurance(2)For General Engineering Management StaffN/A — Not ApplicableThe general cost items that are utilized by capital projects are noted in Table 2 below,together with the expenditure cost recovery percentages that will be charged.Table 2 — CAPITAL COST RECOVERIESCapital Areas General Administration (3) Engineering (4)Non-Engineering CapitalProjects 2.5% N/AEngineering Capital Projects 2.5% 2.5%(3)For General Government Management Staff; General Accounting including AccountsPayable and Payroll; Budgeting & Financial Reporting; Information Technology Services;Purchasing & Stores Services; and Liability Insurance(4)Engineering Project Management, Design, Survey and Inspection ServicesN/A — Not Applicable<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Finance — General Administration and Engineering Cost Recoveries - FIN.38 Finance Department Page 2 <strong>of</strong> 2


145MDISTRICT OFissiON THE FRASERCorporate AdministrationMemorandumFile Category:File Folder:ADM.COM .SEL.Oyama Sister City Select CommitteeTo: Chief Administrative OfficerFrom: Deputy Director <strong>of</strong> Corporate AdministrationDate: June 30, <strong>2009</strong>Subject: Oyama House PostRecommendation:That Council authorize shipping the Oyama House Post from Mayor Atebe to Mayor Takahashi.Background and Comments:Oyama International Friendship Association (OIFA) has asked if the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> wouldauthorize shipping the Oyama House Post from Mayor Atebe to Mayor Takahashi. The housepost is a gift to the Town <strong>of</strong> Oyama, and sending it from one Mayor to another is seen as giftingwhich lowers the import cost impact to Oyama. Originally the pole was going to be shippedfrom the <strong>Mission</strong> Arts Council to the Town <strong>of</strong> Oyama,The house post is being shipped to Oyama on <strong>July</strong> 15, <strong>2009</strong> and the shipping costs are beingpaid by the <strong>Mission</strong> Arts Council who commissioned the pole. The house post is being raisedduring the delegates visit in October <strong>2009</strong>.Once the house post is shipped and received in Japan, the Town <strong>of</strong> Oyama is covering thecosts <strong>of</strong> delivery to their community and the costs to have the pole put into place. To lessen thefinancial impact <strong>of</strong> receiving a gift from <strong>Mission</strong>, OIFA has asked us to deliver the pole in thismanner to lessen the duty fee as it is seen as a gift from one municipality to another.gAclerk\confidentiaRkelly\<strong>2009</strong>\report to counciRshipping oyama house post.docPAGE 1 OF 1


146issionDISTRICT OFON THE FRASERPublic Safety Inspection TeamMemorandumTo: Chief Administrative OfficerFrom: Manager, Public Safety Inspection TeamDate: June 16, <strong>2009</strong>Subject: Proposed New Controlled Substance Property BylawRecommendationThat Council move forward with the adoption <strong>of</strong> <strong>District</strong> <strong>of</strong> <strong>Mission</strong> ControlledSubstance Property Bylaw 5044-<strong>2009</strong>.BackgroundSince the inception <strong>of</strong> municipal public safety inspection teams, and the creation <strong>of</strong>the original draft bylaw provided to municipalities by the UBCM, several legalprecedents have been set which have had an impact on the policy and procedure <strong>of</strong>these teams. As a result, the content and language <strong>of</strong> certain sections <strong>of</strong> ourcurrent bylaw, which is based on the original UBCM draft bylaw, has becomeoutdated.In addition, day-to-day practical experience gained over the past year, includingnetworking with other participating municipalities, has allowed the <strong>District</strong>'s PublicSafety Inspection Team to "fine tune" the administration and enforcement <strong>of</strong> ourpublic safety inspection program. The new proposed bylaw reflects both the legaland administrative changes that have occurred since the current bylaw wasintroduced.Due to the numerous changes in content and format <strong>of</strong> the proposed bylaw, itwould be preferable to repeal the current bylaw and adopt the proposed bylawrather than amend the current one.ael DekkersManager, Public Safety Inspection TeamPage 1 <strong>of</strong> 1


147DISTRICT OF MISSIONCONTROLLED SUSBSTANCE PROPERTY BYLAW 5044-<strong>2009</strong>A bylaw to promote health and safety and to impose requirements onaltered or contaminated properties used as a controlled substance property.WHEREAS the Council <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> wishes to enact a bylaw to promote thehealth and safety <strong>of</strong> occupants <strong>of</strong> altered or contaminated properties and to imposerequirements on those properties;AND WHEREAS properties, including residential properties, used as a controlled substanceproperty routinely contravene standards under the British Columbia Electrical Code, BuildingCode and Fire Code, the Safety Standards Act, the Fire Services Act or other applicablelegislation, including bylaws <strong>of</strong> the <strong>District</strong>, and may present a significant risk to public safety;NOW THEREFORE the Council <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, in open meeting assembled,enacts as follows:1. CITATIONThis bylaw may be cited as "<strong>District</strong> <strong>of</strong> <strong>Mission</strong> ControlledSubstance Property Bylaw 5044-<strong>2009</strong>".2. SEVERABILITY2.1 The provisions <strong>of</strong> this bylaw are severable and the invalidity <strong>of</strong> anypart <strong>of</strong> this bylaw shall not affect the validity <strong>of</strong> the remainder <strong>of</strong> thebylaw.2.2 Schedule "A" is attached to and forms part <strong>of</strong> this bylaw.3. DEFINITIONS3.1 In this bylaw:"alteration" or "altered" means any change made to a structuralcomponent or a mechanical system <strong>of</strong> a building without a permitissued by the authority having jurisdiction;"building" means any building or structure used or intended to beused for supporting or sheltering any use or occupancy;"Building Code" means the British Columbia Building Code, asamended from time to time;"Building Inspector" means a person appointed by the <strong>District</strong> toinspect land or buildings for compliance with building legislationincluding but not limited to statutes, regulations and bylaws;


148<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 2 <strong>of</strong> 12"clandestine drug lab" means real property used in whole or in partfor the unlicensed manufacture <strong>of</strong> amphetamines, lysergic aciddiethylamide ("LSD"), gamma hydroxybutyrate ("GHB"), crackcocaine, "ecstasy", or marijuana oil or its derivatives;"Community Charter" means the Community Charter, S.B.C. 2003,c. 26;"controlled substance" means a controlled substance as defined inSchedules I, II or III <strong>of</strong> the Controlled Drugs and Substances Act,1996 c. 19, as amended from time to time, but does not includesubstances produced in a clandestine drug lab;"controlled substance property' means real property:(a)(b)used in whole or in part for the manufacture, growth, storage,sale, trade or barter <strong>of</strong> a controlled substance; orcontaminated by, or containing trace amounts <strong>of</strong>, chemical orbiological materials used in the manufacture, growth orstorage <strong>of</strong> a controlled substance;and includes a marijuana grow operation and clandestine drug lab;"Council" means the Council <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>;"dangerous goods" means those goods regulated by theTransportation <strong>of</strong> Dangerous Goods Act, 1992, c. 34, and itsRegulations as amended from time to time;"<strong>District</strong>" means the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>;"Electrical Code" means the British Columbia Electrical Code, asamended from time to time;"Engineers and Geoscientists Act" means the British ColumbiaEngineers and Geoscientists Act, R.S.B.C. 1996, c. 116;"Fire Inspector" means the Fire Chief and every person appointedby the Fire Chief or by Council to be an <strong>of</strong>ficer or employee <strong>of</strong> the<strong>District</strong>'s Fire and Rescue Service and includes a Local Assistantto the Fire Commissioner authorized under the Fire Services Act,"Fire Code" means the British Columbia Fire Code, as amendedfrom time to time;"Fire Services Act" means the British Columbia Fire Services Act,R.S.B.C. 1996, c. 144;


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 3 <strong>of</strong> 12149"hazardous condition" means:(a)(b)any real or potential risk <strong>of</strong> fire, noxious fumes or gases, orexplosion;any real or potential risk to the health or safety <strong>of</strong> persons orproperty;(c) , any unapproved or unauthorized building alteration; or(d)any contravention <strong>of</strong> the Electrical Code, Fire Code, BuildingCode, the Safety Standards Act, the Fire Services Act, orother applicable legislation, including bylaws <strong>of</strong> the <strong>District</strong>, allas amended from time to time;"hygienist" means a person who is:(a)(b)(c)(d)a certified industrial hygienist (CIH);a registered occupational hygienist (ROH);a registered pr<strong>of</strong>essional biologist (R.P. Bio.); ora Ph.D. mycologist;and who carries, or is employed by a company that carries,environmental liability insurance in the minimum amount <strong>of</strong>$1,000,000.00;"Inspector" includes:(a)(b)(c)(d)(e)(f)(g)(h)a Fire Inspector;a Building Inspector;the Manager <strong>of</strong> the Public Safety Inspection Team;the Director <strong>of</strong> Engineering and Public Works;a Bylaw Enforcement Officer;other persons designated by Council by name <strong>of</strong> <strong>of</strong>fice orotherwise to act in the place <strong>of</strong> a person, <strong>of</strong>ficer or employeereferred to in paragraphs (a) to (e);a certified electrician acting as an Electrical Advisor for the<strong>District</strong>; anda Safety Officer appointed under the Safety Standards Act,


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 4 <strong>of</strong> 12"marijuana grow operation" means real property used in whole or inpart for the growing or cultivating <strong>of</strong> marijuana;150"mechanical system" means a system installed to service a realproperty, including but not limited to, an electrical, heating, airconditioning, sewer, water and drainage system;"occupancy" means the use or intended use <strong>of</strong> real property inwhole or in part for the shelter or support <strong>of</strong> persons, animals orproperty;"owner" includes any registered owner <strong>of</strong> real property and anylessee, licensee, tenant, caretaker, user or other occupier <strong>of</strong> thereal property, or the agent <strong>of</strong> any owner;"peace <strong>of</strong>ficer" means a member <strong>of</strong> the <strong>Mission</strong>, British Columbiadetachment <strong>of</strong> the Royal Canadian Mounted Police;"pesticide" means any chemical, substance or mixture used todestroy, prevent, repel or mitigate fungi or animal pests, ormicroorganisms such as bacteria or viruses, and includes plantregulators, defoliants, desiccants or herbicides, fungicides or othersubstances used to control pests;"pr<strong>of</strong>essional cleaner" means a person or company certified inremoving moulds, fungi and contaminants, including pesticides,fertilizers or chemicals, from a building;"public safety inspection" means the inspection <strong>of</strong> real property todetermine:(a)(b)whether a hazardous condition exists under the ElectricalCode, Fire Code, Building Code, the Safety Standards Act,the Fire Services Act, or other applicable legislation, includingbylaws <strong>of</strong> the <strong>District</strong>, all as amended from time to time; andwhether the real property is a controlled substance property,and includes not more than two remediation inspections;"real property" means a parcel <strong>of</strong> land and includes, withoutlimitation, any permanent or portable building or structure locatedon the parcel, as well as any personal property, equipment orchattel located on the parcel, or on or within any permanent orportable building or structure on the parcel, and includes a parcelcovered by a tenancy agreement;"remediation inspection" means the inspection <strong>of</strong> real property todetermine whether a hazardous condition identified as a result <strong>of</strong> apublic safety inspection has been remedied;


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 5 <strong>of</strong> 12"Residential Tenancy Act" means the British Columbia ResidentialTenancy Act, S.B.C. 2002, c. 78;151"Safety Standards Act" means the British Columbia SafetyStandards Act S.B.C. 2003, c. 39;"service costs" means any direct or indirect costs incurred by the<strong>District</strong> during the inspection, investigation and remediation <strong>of</strong> realproperty used as a controlled substance property including:(a)(b)(c)(d)(e)(f)any inspections not included in Schedule "A";the replacement <strong>of</strong> consumables including equipmentexposed to a contaminant;the clean up, dismantling, removal, transportation, storageand disposal <strong>of</strong> equipment, substances or other materials onthe real property;the analysis <strong>of</strong> a substance or material found at the realproperty, to determine health and safety conditions at the realproperty;the contracting <strong>of</strong> services, including but not limited to, anelectrical advisor, an engineer, construction or demolitionpersonnel, a health pr<strong>of</strong>essional, a Safety Officer appointedunder the Safety Standards Act, a hazardous materialspr<strong>of</strong>essional or an animal control <strong>of</strong>ficer;the cleaning, repairing or monitoring <strong>of</strong> the <strong>District</strong>'s sanitaryor storm sewers, water mains, roadways, sidewalks or other<strong>District</strong> property affected by the use; and(g) the administration <strong>of</strong> inspections and associated activities;"tenancy agreement" means an agreement, whether written or oral,express or implied, between a landlord and tenant respectingpossession <strong>of</strong> real property;"utility" means a lawful provider <strong>of</strong> an electrical, natural gas orwater service from a distribution system.4. PROHIBITIONS4.1 A person, other than a utility or a person to whom a disconnectionor bypass permit has been issued by a utility, must not cause,allow or permit a meter installed for the purpose <strong>of</strong> ascertainingconsumption <strong>of</strong> electricity, water or natural gas from a utility to bedisconnected, tampered with or bypassed.


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 6 <strong>of</strong> 121524.2 Where the supply <strong>of</strong> electricity, natural gas or water to a realproperty has been disconnected by a utility or by the <strong>District</strong> underthis bylaw, an owner must not cause, allow or permit the supply tobe reconnected until the requirements <strong>of</strong> this bylaw and otherapplicable legislation have been met.4.3 An owner must not cause, allow or permit a building to be alteredfor the purpose <strong>of</strong> manufacturing or growing a controlledsubstance, including but not limited to:(a)(b)the installation, alteration or disconnection <strong>of</strong> a supply <strong>of</strong>electricity, natural gas, propane, heating oil or water to thereal property;the installation, alteration or disconnection <strong>of</strong> a mechanicalsystem, or to any equipment or appliance connected to themechanical system;(c) the removal <strong>of</strong> fire stopping required under applicablelegislation.4.4 An owner must not cause, allow or permit in any building on realproperty:(a)(b)the storage or use <strong>of</strong> dangerous goods in quantities greaterthan that permitted under the Fire Code;any obstruction <strong>of</strong> an access or egress required under theBuilding Code or other applicable legislation; or(c) the growth <strong>of</strong> mould, mildew or fungus.4.5 A person must not:(a)(b)interfere with or obstruct the Building Inspector or FireInspector from posting a notice under section 5.2;remove, alter, cover or mutilate a notice posted under section5.2.; or(c) enter or occupy any real property where a notice has beenposted under section 5.2.5. POWERS OF INSPECTORS5.1 An Inspector may enter on real property to:(a) deliver a form <strong>of</strong> notice under this bylaw, including posting anotice in a conspicuous place on the real property;


(b)(c)<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 7 <strong>of</strong> 12carry out a public safety inspection or remediation inspection;andattend at the real property from time to time during the course<strong>of</strong> remediation work required under this bylaw to ascertainwhether the work is taking place and to monitor any workbeing done.1535.2 Where a Building Inspector or Fire Inspector has reason to believethat a real property contains a hazardous condition or is acontrolled substance property, including being informed by a peace<strong>of</strong>ficer, and where:(a)(b)(c)the Fire Inspector has ordered every occupier <strong>of</strong> the realproperty to vacate;Council has ordered every occupier <strong>of</strong> the real property tovacate under the Community Charter; oran owner has delivered written notice to the <strong>District</strong> undersection 6.2,he or she may post a notice in a conspicuous place anywhere onthe real property prohibiting any person from entering or occupyingthe real property.5.3 Where a real property is the subject <strong>of</strong> a notice posted undersection 5.2 and the owner complies with the requirements <strong>of</strong> thisbylaw and other applicable legislation, the Building Inspector orFire Inspector shall remove the notice.5.4 The Fire Inspector may:(a) enter on real property and inspect it for conditions that maycause a fire, increase the danger <strong>of</strong> a fire or increase thedanger to persons or property from a fire;take measures to prevent and suppress fires, including thedemolition <strong>of</strong> buildings and other structures to prevent thespreading <strong>of</strong> fires;order the owner <strong>of</strong> real property to undertake any action forthe purpose <strong>of</strong> removing or reducing any thing or conditionthat the Fire Inspector considers is a fire hazard or increasesthe danger <strong>of</strong> a fire;(d)request that a utility discontinue electrical service to a realproperty if the Fire Inspector determines that the condition <strong>of</strong>the electrical system on the real property constitutes animminent fire hazard; and


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 8 <strong>of</strong> 12154without limiting paragraphs (a) to (d), exercise the powers <strong>of</strong> theFire Commissioner under sections 21 and 25(1) to (4) <strong>of</strong> the FireServices Act.5.5 Where an Inspector has reason to believe that a real property is acontrolled substance property he or she may require the owner toclean, disinfect, remove, replace or otherwise remediate anysurface, object or thing which in the opinion <strong>of</strong> the Inspector iscontaminated, including but not limited to:(a)(b)ceilings, walls and floors, including insulation;carpets, rugs, curtains, drapes and wall coverings; and(c) the furnace, including all air ducts, main distribution ducts,venting, and filtering.5.6 Any work required under section 5.5 must be performed by apr<strong>of</strong>essional cleaner and inspected by a hygienist who mustprovide written certification that the real property is substantiallyfree <strong>of</strong> any pesticides, fertilizers, toxic chemical contamination,moulds or fungi.5.7 Where the Building Inspector has reason to believe that the watersupply on a real property is or may be contaminated he or shemay:(a)(b)post a notice subject to the Community Charter in aconspicuous place anywhere on the real property orderingthe disconnection <strong>of</strong> the water service;require that the water be tested by a hygienist to determine ifcontaminants are present and if so, which contaminants arepresent; and(c) require the chlorination or flushing <strong>of</strong> water lines on the realproperty.5.8 The Inspector may, having regard to the amount and complexity <strong>of</strong>remediation work required under this bylaw, grant a reasonableextension <strong>of</strong> time to complete any work.6. DUTIES OF OWNERS6.1 Every owner <strong>of</strong> real property that is subject to a tenancy agreementmust inspect the real property at least once every threeconsecutive calendar months to determine whether the property isa controlled substance property or contains a hazardous condition.6.2 Where an owner believes there is a contravention <strong>of</strong> this bylawafter an inspection under section 6.1, the owner must:


155<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 9 <strong>of</strong> 12(a) within 24 hours <strong>of</strong> the determination, deliver written notice tothe <strong>District</strong> <strong>of</strong> the particulars <strong>of</strong> the contravention; andb) subject to the Residential Tenancy Act, within two months <strong>of</strong>the delivery <strong>of</strong> the notice, take such action as may benecessary to bring the real property into compliance with thisbylaw.6.3 Where a controlled substance property has been remediated andmay be re-occupied, the owner must notify any occupant in writingprior to occupancy that the real property was used as a controlledsubstance property.6.4 Every owner <strong>of</strong> real property must undertake any action directed bythe Fire Inspector for the purpose <strong>of</strong> removing or reducing anything or condition that the Fire Inspector considers is a fire hazardor increases the danger <strong>of</strong> fire.6.5 Where occupancy <strong>of</strong> a real property has been prohibited undersection 5.2, an owner must not cause, allow or permit the realproperty to be used or occupied until:(a)(b)a public safety inspection has been carried out under section5.1;the owner has carried out or caused to be carried out, thework required under this bylaw and other applicablelegislation including:(i)(ii)obtaining any permit, approval or authorizationnecessary to carry out the work;submitting to the <strong>District</strong> any written certification or otherdocumentation required; and(iii) paying all service costs, inspection fees, permit feesand other applicable fees; and(c) the Building Inspector or Fire Inspector has removed anynotice posted under section 5.2.7. DISTRICT RELIANCE7.1 Where an owner is required to perform work under this bylaw,neither:(a)the issuance <strong>of</strong> a building permit;(b) the removal <strong>of</strong> a notice posted under section 5.2,(c) the acceptance or review <strong>of</strong> plans, drawings or specificationsor supporting documents; or


(d) any inspections or monitoring <strong>of</strong> work;<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 10 <strong>of</strong> 12156by or on behalf <strong>of</strong> the <strong>District</strong> constitutes in any way a warranty,assurance or statement <strong>of</strong> compliance with this bylaw or any otherapplicable code, standard or legislation.7.2 Where a pr<strong>of</strong>essional engineer, architect or other person providescertification or other documentation to the <strong>District</strong> that:(a)(b)work performed as a requirement under this bylawsubstantially conforms to this bylaw or any other applicablelegislation; ora building complies with the requirements <strong>of</strong> the BuildingCode, Safety Standards Act, <strong>District</strong> bylaws or otherapplicable legislation;the <strong>District</strong> may rely solely on that certification or otherdocumentation as evidence <strong>of</strong> conformity with these requirements.8. FEES AND SERVICE COSTS8.1 Where a public safety inspection is conducted on a controlledsubstance property the owner must pay the <strong>District</strong> the fees andservice costs set out in Schedule "A" 1.1 and 2.2, and paymentmust be made prior to the first remediation inspection beingconducted.8.2 Where a remediation inspection is required which is not includedas part <strong>of</strong> the public safety inspection, the owner must pay the<strong>District</strong> the fee set out in Schedule "A" 1.2, and the fee must bepaid prior to the inspection being conducted.8.3 In addition to any fee payable under this section, the owner <strong>of</strong> acontrolled substance property must pay the <strong>District</strong> the servicecosts set out in Schedule "A" 2.1.8.4 Where water service is shut <strong>of</strong>f, reconnected or otherwise servicedunder this bylaw, the owner must pay the <strong>District</strong> the applicablefees set out in Schedule "A" 1.3 to 1.5.8.5 Notwithstanding section 8.1, if any owner reports to the <strong>District</strong> thatreal property owned by him or her is a controlled substanceproperty, prior to the <strong>District</strong> or a peace <strong>of</strong>ficer identifying the realproperty as such, only the service costs set out in Schedule "A" 2,shall be payable to the <strong>District</strong>.


<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 11 <strong>of</strong> 121579. DEFAULT9.1 If an owner fails to comply with a requirement under this bylaw orother applicable legislation, the <strong>District</strong>, by its <strong>of</strong>ficers, employeesor agents may enter on the real property and take such action asmay be required to correct the default, including to remediate thereal property or bring it up to a standard specified in the bylaw orapplicable legislation, at the expense <strong>of</strong> the owner, and mayrecover the costs incurred as a debt.9.2 If the owner has failed to pay any fee or cost imposed or incurredunder this bylaw before the 31 st day <strong>of</strong> December in the year thefee or cost was imposed or incurred, the amount payable may beadded to and form part <strong>of</strong> the taxes payable on the real property astaxes in arrears.10. OFFENCES AND PENALTIES10.1 Every person who contravenes any provision <strong>of</strong> this bylaw commitsan <strong>of</strong>fence punishable upon summary conviction and is liable to afine not exceeding $10,000.00.10.2 If an <strong>of</strong>fence is a continuing <strong>of</strong>fence, each day that the <strong>of</strong>fence iscontinued constitutes a separate and distinct <strong>of</strong>fence.11. REPEAL11.1 <strong>District</strong> <strong>of</strong> MiSsion Controlled Substance Property Bylaw 4040-2008is hereby repealed.READ A FIRST TIME this ## day <strong>of</strong> [month], <strong>2009</strong>READ A SECOND TIME this ## day <strong>of</strong> [month], <strong>2009</strong>READ A THIRD TIME this ## day <strong>of</strong> [month], <strong>2009</strong>ADOPTED this ## day <strong>of</strong> [month], <strong>2009</strong>MAYORDIRECTOR OFCORPORATE ADMINISTRATION


SCHEDULE "A"<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Controlled Substance Property Bylaw 5044-<strong>2009</strong>Page 12 <strong>of</strong> 121581. FEESThe following fees apply under this bylaw:1. Public Safety Inspection: includes the initial public safety inspection andnot more than two remediation inspections. The fee must be paid prior tothe first remediation inspection.2. Additional Remediation Inspection: for each additional remediationinspection required after the two remediation inspections included in thepublic safety inspection. The fee must be paid prior to each inspection.$4,900.00$250.003. Shutting <strong>of</strong>f a water service $100.004. Re-connecting a water service $100.005. Re-inspecting and re-sealing a water distribution system $500.002. SERVICE COSTSThe following service costs apply under this bylaw:1. Items defined in section 3.1 (a) through (f) <strong>of</strong> this bylaw Actual cost2. Administration as defined in section 3.1 (g) <strong>of</strong> this bylaw $300.00


Langley Times - Students learn all about getting local 159BlackEra PRINTTH ISPowered by fiClidcabilltyStudents learn all about getting localLangley Township Councillor Jordan Batemanacts as mayor as a group <strong>of</strong> school children fromJames Hill Elementary and St. Catherine'sRoman Catholic School fill councillor's chairsduring Municipal Awareness Day. Left to rightare Riley Driediger, Stephanie Toddington, LukePoirier and Ethan Morgan.John Gordon/Langley TimesBuy Langley_Times Ph.otos OnlinePublished: May 19, <strong>2009</strong> 11:00 PMDave StarkSpecial to The Times"More hot dog sales," says a future mayor.This was the passionate and animated responsefrom Ethan Shimmin, a Grade 2 student at JamesKennedy Elementary School to my question, "Ifyou were the mayor <strong>of</strong> the Township <strong>of</strong> Langley,what would you do to make it a better place?"I was attending the seventh annual MunicipalAwareness Day at the Township's Civic Facility,and made a conscious effort to gather a child'sperspective on this unique, and highly successfulevent — not a difficult task with close to 1,800Grades 1 to 4 students from local schools inhttp://www.printthis.clickability.com/pt/cpt?action=cpt&title=Langley+Times+-+Students.. . 6/15/<strong>2009</strong>


Langley Times - Students learn all about getting local 160attendance.Mayor Rick Green commented, "MunicipalAwareness Day is a chance to raise awarenessand show local students the type <strong>of</strong> services andprograms that are provided to Township residentsby their municipality."The kids are eager to do everything from climbon machinery and engage in a mock councilmeeting, to learn about the environment and trytheir hands at technology. They were also treatedto hot dogs, drinks, and snacks that weregenerously donated by Save-On Foods."We look forward to greeting these youngsters,who may one day be Township taxpayers,employees, or even elected <strong>of</strong>ficials," says Green."I am not aware <strong>of</strong> any other municipality<strong>of</strong>fering this type <strong>of</strong> event to elementary schoolchildren," Green said.Although civic staff, children, teachers, parents,and volunteers were understandingly caught up inthe excitement <strong>of</strong> the day, the vision <strong>of</strong> Townshipcouncil seven years ago should not gounacknowledged.The first event was held on a much smaller scalein a town hall- type atmosphere at the old civicfacility in Murrayville. The event has grownsignificantly in the Township over a few shortyears, exposing thousands <strong>of</strong> children to localgovernment and services.Most importantly, this event encourages socialresponsibility in children by raising awarenessand breaking down any barriers, perceived orreal, that they may encounter while gettinginvolved in their communities now and in thefuture.After all, resource economists have proven thatthe best people to manage a resource, or in thiscase a community, are those that are mostaffected by its use — in this case, all <strong>of</strong> us.When asked about a long-term commitment tothis event, Green responded, "Council and myselfhttp://www.printthis.clickability.com/pt/cpt?action=cpt&title=Langley+Times+-+Students.. . 6/15/<strong>2009</strong>


Langley Times - Students learn all about getting local 161have made a commitment to support this event,invest in our young people, and continue thispositive event."Speaking <strong>of</strong> the future, here are more great ideasfrom some <strong>of</strong> our prospective mayors that, theysay, will make the Township <strong>of</strong> Langley a betterplace to live:James L., Grade 2, R.C. Garnett Elementary —"Make more wild areas and less houses."Jeannie S., Grade 2, R.C. Garnett Elementary —"Make it so everyone is treated like they shouldbe."Shaughnessy F., Grade 2, James KennedyElementary — "Stop everyone from pollutingeverything."Gavin M., Grade 2, James Kennedy Elementary— "Turn all the schools into swimming pools."Georgia M., Grade 2, James Kennedy Elementary— "Put preschools so people don't have to walkso far."Samantha B., Grade 2, James KennedyElementary — "Nothing. I think it's already agreat place!"I could not resist taking the brevity <strong>of</strong> the day toGreen and ask him how "little" Ricky Greenwould have responded to this question when hewas in Grade 2.Green chose to echo the words <strong>of</strong> his younggrandson. "I would make hockey cards free toeveryone."Dave Stark is a Langley freelance writer.Find this article at:http://www.bclocalnews.com/surrey_area/langleytimes/news/45440477.html[] Check the box to include the list <strong>of</strong> links referenced in the article.http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Langley+Times+-+Students.. . 6/15/<strong>2009</strong>


162DisiRicroF AL 7\-- MINUTESThe Minutes <strong>of</strong> the ECONOMIC DEVELOPMENT SELECT COMMITTEE Meeting held atthe <strong>Mission</strong> Regional Chamber <strong>of</strong> Commerce Boardroom, 34033 Lougheed Hwy, <strong>Mission</strong>, BC onThursday, May 21s t, <strong>2009</strong> commencing at 8:00 a.m.Committee Members Present:Committee Members Absent:Staff Members Present:Carlo Billinger, Rex Cox Men's WearJames Atebe, <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Heather Stewart, <strong>District</strong> <strong>of</strong> <strong>Mission</strong>Oleene Herman, Community Futures North FraserBob Mackovic, <strong>Mission</strong> Downtown Business AssociationJim Sward, Anglo American Cedar ProductsJason Roessle, <strong>Mission</strong> City RecordLinnea Battel, Xa:ytemSean Melia, Chamber <strong>of</strong> CommerceLiz Clay, Greenwood Estates & MortgagesJohn Laing, Westisle Marketing GroupDianne Common, UFVDave Nick, Fraser Valley Building SuppliesGlen Robertson, Chief Administrative OfficerSharon Fletcher, Director, PlanningAnne Stacey, Chamber <strong>of</strong> Commerce1. MINUTESMotion: Moved by J. Roessle and seconded by 0. Herman, andRecommended: That the minutes <strong>of</strong> the Economic Development SelectCommittee (EDC) meeting held April 16 th, <strong>2009</strong> be adopted.CARRIED2. BUSINESS ARISING FROM THE MINUTESa) Education Task ForceS. Fletcher reported that the report will go to Council May 21, <strong>2009</strong>.b) Greenwood Video ConferencingA. Stacey is to send an email inviting the committee view the presentation at CommunityFutures North Fraser on June 18 th 6:00pm.c) Budget Request from Downtown Business Association:Budget request rescinded — no further action is required.3. NEW BUSINESSa) Employment Land StrategyS. Fletcher reported that Guiding Principles and strategies for achieving the principles will beconsidered by Council along with suggested next steps to complete the Employment LandStrategy. The strategy will include a monitoring framework.b) Planning Department Update:S. Fletcher reported applications are being received at 1/4 the rate <strong>of</strong> previous years howeverinquiries are increasing and counter staff report that there is a lot <strong>of</strong> inquiries at the counter.


163Economic Development Committee MinutesMAY 21, <strong>2009</strong>c) Hotel Market AnalysisMotion: Moved by L. Battel and seconded by J. Roessle,Recommended: That the Hotel Market Analysis be released as a completed document.CARRIED.d) Hiring Process for EDOG. Robertson reported that the confirmation <strong>of</strong> acceptance <strong>of</strong> the job should be received bythe end <strong>of</strong> the week with the EDO in place by mid-June.Action: G. Robertson to email the Committee with announcement when confirmed.f) <strong>Mission</strong> Tourism PlanFinal report is available to the committee. The new EDO will write a report to Council withrecommendations. The report indicates a need for funding to hire staff to implement the planand a discussion was held on possible sources for this funding.g) Manager's ReportS. Fletcher reported on upcoming trade shows and correspondence received.4. OTHER BUSINESSNext MeetingThursday, June 18 th, <strong>2009</strong> at 8:00 a.m. at the <strong>Mission</strong> Regional Chamber <strong>of</strong> CommerceBoardroom.5. ADJOURNMENTMotion: Moved by J. Sward and seconded by J. Roessle, andRecommended: That the Economic Development Select Committee Meeting be adjourned.CARRIED.


164issionMDISTRICT OFON THE FRASER ft-Engineering and Public WorksMemorandumFile Category:File Folder:INF.WAT.METResidential Metered Water — Report to CouncilTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksDate: June 15, <strong>2009</strong>Subject: Bylaw Amendments For Residential Metered WaterRecommendationThat Water Bylaw 2196-1990 be amended as follows:Replace Section 3.2 (b) (iii) with "A meter read system prepayment fee as described in schedule A"In Section 3.5 (a) replace the words "spool piece" with the word "meter" and insert the words "readsystem" between the words "meter" and "are" in the last sentence.In Section 3.5 (b) add the following sentence: "Fees and charges for prepaying the meter read systemare set out in the attached Schedule A".In Section 3.5 (c) add the following sentence: "Fees and charges for prepaying the meter read systemare set out in the attached Schedule A".In Section 4.2 insert the words "single family, two family" between the words "any" and "triplex".In Schedule A Service Connection Charges replace $860.00 with $960.00 and replace $1,029.59 with$1,210.00.In Schedule A replace the words "METER PREPAYMENT FEE" with "METER READ SYSTEMPREPAYMENT FEE" and replace " 19 mm service $254.8525 mm service $335.5638 mm service $638.7750 mm service $739.04"With" all services 19 mm diameter through 50 mm diameter inclusive $130.00"In Schedule D 2. Metering Requirements, in the first bullet add the words "complete with a meter"between the words "chamber" and "plus" and add the words "read system" after the word "meter" at theend <strong>of</strong> the sentence.In Schedule D Section 2. Metering Requirements, in the second bullet add the words "and pay for thefuture installation <strong>of</strong> a water meter read system" and the end <strong>of</strong> the sentence.In Schedule D Section 2. Metering Requirements, in the third bullet add the words "and pay for thefuture installation <strong>of</strong> a water meter read system" and the end <strong>of</strong> the sentence.In Schedule D Section 4.1 Water Meters Delete "Neptune T-10", "ABB C-700", "Neptune Tru/Flo", and"ABB C-3000" from Table 2 and add the following at the end <strong>of</strong> the section "Meters for one and tw<strong>of</strong>amily residences shall have a straight reading register conforming to the latest version <strong>of</strong> AWWA C 700."Page 1 <strong>of</strong> 2


165In Schedule D Section 4.2 Registers insert the words "for land uses other than one and two familyresidential" between the words Meters" and "must" in the first sentence.Replace Drawings CS-W-21 and CS-W-21A with the attached revised versions <strong>of</strong> these drawings.and;That Water Rates Bylaw 2197-1990 be amended as follows:In Schedule A Section 3. remove the words "A Zone, R Zone, RS Zone, RT Zone"Add a section 4. as follows:"4. All metered one and two family residentialand;Annually Metered water User Rate: $0.84 per cubic meter <strong>of</strong> water consumedThat Subdivision Control Bylaw 1500-1985 be amended as follows:In Section 3.14 (g) Service Connections in Schedule C Part 1 Design Criteria Manual Section 3 WaterDistribution System; replace the words "spool piece" in the first sentence with "meter"In Schedule D Subdivision Fees add the words"WATER METER READ SYSTEM PREPAYMENT19, 25, 38, and 50 mm services $130.00"Replace Standard Drawings CS-W-21 and CS-W-21A with the attached revised versions <strong>of</strong> thesedrawings.BackgroundAt the May 4, <strong>2009</strong> Council meeting the recommendations <strong>of</strong> the attached staff report dated April 22,<strong>2009</strong> were approved by Council. The above recommendations are the bylaw amendments necessary toimplement these approved measures.R ck Bomh<strong>of</strong>FAENGINEER\DRIECKENReport on BL Amendments re Metering land 2 Family res.docEnclPage 2 <strong>of</strong> 2


166MD1STRICT OF0\ THE FRASEREngineering and Public WorksMemorandumFile Category: INF.WAT.METFile Folder. Residential Metered Water — Report to CouncilTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksDate: April 22, <strong>2009</strong>Subject: Residential Metered Water Invoicing — Follow-up ReportRecommendationThat notwithstanding Council resolution 09/208, which accepted the staff report on postponing residentialmetered water invoicing; staff are directed to proceed immediately with the following step to implement ameter reading and invoicing <strong>of</strong> all new residential service:1. Residential water meters to be read manually by <strong>District</strong> staff on an interim basis until <strong>District</strong> hassufficient water meters to make it cost effective to proceed with reading by a more advancetechnology.2. Residential meters are read and invoiced annually in October.3. A water user charge <strong>of</strong> $0.84 per cubic meter is established for one and two family residentialmetered water.4. Staff prepares for Council consideration all the, necessary bylaw changes.BackgroundCouncil directed staff to investigate and report on installing and implementing meter readingiinvoicing onall new water services rather then installing spool pieces and postponing implementing reading/invoicingto a future date when more meters would exist.The previous staff report recommending postponing implementing reading/invoicing to a future dateidentified a number <strong>of</strong> basic questions that needed to be answered prior to starting a meterreading/invoicing program. Listed below are the questions with staff recommendations, to accommodatethe implementation <strong>of</strong> a meter reading/invoicing program immediately:1. What type <strong>of</strong> water meter should be installed? Currently there is the touch read, drive:-. by radioread and recently introduced fixed-site - radio read meters. The City <strong>of</strong> Abbotsford is proceedingwith the installation <strong>of</strong> fixed-site radio read meters because <strong>of</strong> the benefit this system has over theother systems. Staff is recommending we proceed with a standard manual read meter to beread and invoiced by <strong>District</strong> staff, until such time as there are a sufficient number <strong>of</strong>meters to merit the investment in one <strong>of</strong> the new reading technologies.2. How <strong>of</strong>ten will the water meters be read and invoices sent to residents? Reads could be donebimonthly, quarterly semiannually or annually. Existing meters on industrial, commercial andinstitutional services are read quarterly. Staff is recommending we read the water meters onthe same frequency as the City <strong>of</strong> Abbotsford, which is once a year.


1673. What water usage rate structure will be applied? There is declining (the more you use the lessyou pay), flat line (rate per cubic meter is constant) and inclining (the more you use the more youpay) rate structures.Usage Ex. <strong>2009</strong> declining rate Flat Rate Example Inclining Rate ExampleUp to 300 cubic meters $0.7060 $0.7060 $0.7060Next 300 cubic meters $0.5789 $0.7060 $0.7500Next 300 cubic meters $0.5245 $0/060 $0.8000Next 300 cubic meters $0.4706 $0.7060 $0.8500On balance $0.3617 $0.7060 $0.9000These are not recommended rates ust examples <strong>of</strong> the 3 types (declining, fiat line and inclining) rate structures.Staff is recommending we adopt a fiat rate structure similar to the City Abbotsford <strong>of</strong> $0.84the cost per cubic meter for residential users.4. Will there be a different rate structure for one and two residential, multifamily, commercial,industrial and institutional water users? Staff is recommending a different rate structure forone and .two family residential versus multifamily, commercial, industrial and institutionalwater users as is the situation in the City <strong>of</strong> Abbotsford. The following chart shows acomparison between the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> and the City <strong>of</strong> Abbotsford commercial, industrial andinstitutional water users meter rates.Usage <strong>District</strong> <strong>of</strong> <strong>Mission</strong> (<strong>2009</strong>) City <strong>of</strong> Abbotsford (<strong>2009</strong>)Up to 10,000 cubic meters $0.73Up to 300 cubic meters $0.7060 $0.73Next 300 cubic meters $0.5789 $0.73Next 300 cubic meters $0.5245 $0.7310,001 — 100,000 cubic meters $0.66Next 300 cubic meters $0.4706 $0.66On balance $0.3617 $0.535 . Will there be a fixed minimum charge or rate structure based strictly on volume used? Staff isrecommending there be no minimum charge as is the case with the City <strong>of</strong> Abbotsford.With the approval <strong>of</strong> the above recommendations, there still remains the basic question; when to startreading/invoicing residences .based on metered usage? Staff is recommending we proceed with astandard manual read meter to be read and invoiced by <strong>District</strong> staff, until such time as there issufficient number <strong>of</strong> meters to merit the investment in the new reading technology.Staff anticipate having approximately 10 residential water meters to read in <strong>2009</strong> increasing to 25 by theend <strong>of</strong> 2010, based on the Planning staff projections for new residential homes in <strong>2009</strong> and 201D <strong>of</strong>approximately 50 new homes each year and majority <strong>of</strong> these will be in developments already servicedwith water connection that do not have meter boxes.If Council accepts staff recommendations; amendments to the Water, Water Rates and SubdivisionControl Bylaw will be presented to address the various specifications for the installation <strong>of</strong> water metersfor the variety water service sizes and land uses that will occur.Page 2 <strong>of</strong>


168ConclusionIt is possible to proceed with reading and invoicing new residential water meters as they are installed.Based on limited growth projections it will likely be a number <strong>of</strong> years before it would be cost effective forthe <strong>District</strong> to invest in new technology systems to read meters; therefore the <strong>District</strong> staff would prepareto manually residential read meters for the next few years.Currently <strong>District</strong> staff manually read approximately 350 industrial, commercial and institutional watermeters four times a year. The addition <strong>of</strong> approximately 25 residential water meters over the next twoyear to be read and invoiced once a year will not have a significant impact on operational costs and willallow time to determine the best future method to read meter as more development occurs in later years.Manually read meters are easily converted into any one <strong>of</strong> the new reading technologies at anapproximate cost <strong>of</strong> $150.00.In 2008 it cost $2.61 for <strong>District</strong> Staff to read a meter on average; therefore in a decade if we have notbegun a metering existing residential water services and thus move to a newer technology; we wouldanticipate having installed approximately 1,500 residential water meters, which would costs a total <strong>of</strong>$4,000 annually to read.Ken Bjorgaard, I have reviewed the financial aspects <strong>of</strong> this report.File g:pworksigreglgreg 2008/Memo Res Water Meier Reading .doc<strong>of</strong> 3


169100 STYROFOAMINSULATION CUTTO FIT METERBOX OPENING \ROADPRIVATEPROPERTYCOVER PER •SPECIFICATIONSff • 7,,,AW . AWV• MIIIIHMIli1111 'lilt/----- 45 DIAMETER OPENINGFOR REMOTE METERRECEPTACLE, PLUGGED UNTILMETER IS INSTALLEDV lr141.1■•■••■..I .1 IMMO 11111INLETBALL VALVE—(PART OF SETTER)METER BOXCONCRETESECTIONSTO SUITOUTLETCHECK VALVE(PART OF SETTER)/—BY-PASS VALVE,CLOSED ANDSEALED150 150FLOW— — —II•—DO NOT GROUT / ' IOPENING (TYP)111°.,0 . 0 • c 0 poo0o 0 0METER SETTER(FORD SERIES 70OR APPROVED EQUAL)0oP o 0p 0 C0• \2_°0 • 25mm BRACE. 0 o PIPE (TYP)50mm DRAIN HOLEMAIN VALVEfr A '11 VAlitti7 CONCRETE BASE SECTIONIN TRAVELLED AREAS,GRAVEL TO 150 DEPTH,ELSEWHERE.100mm CRUSHED GRAVELMETER SIZE.38mm positive displacement 330mm50mm oositive displacement 432mmNOTES:1. THIS DRAWING SHOULD BE REVIEWED IN CONJUNCTION WITH THE DOCUMENT,"WATER METER INSTALLATION STANDARDS AND SPECIFICATIONS."2. FOR SUPPLY OF METERS REFER TO TABLE 1 OF THE"WATER METER INSTALLATION STANDARDS AND SPECIFICATIONS."METER INSTALLATIONFOR 38mm & 50mmSERVICE CONNECTION(ONE & TWO FAMILY)<strong>Mission</strong>OFDRAWN Jan. <strong>2009</strong>REVISEDSCALE NTSC ... \IV 12 1


170100 STYROFOAM INSULATIONCUT TO FIT METER BOX OPENINGLID PER SPECIFICATIONS45 DIA. OPENING FOR REMOTEMETER RECEPTACLE, PLUGGEDUNTIL METER IS INSTALLEDROAD PRIVATER.O.W. PROPERTYINLETBALLVALVE(PART OFSETTER).MAIN VALVE\---(CURB STOP w/ RISER)SERVICE CONNECTIONPIPE19mm CLEAR CRUSHEDDRAIN ROCKMETER SIZE "D"16:419 19119 22925 271METER SETTER •(FORD 70 SERIES,OR APPROVED EQUAL)NOTES:I. THIS DRAWING SHOULD BE REVIEWED IN CONJUNCTION WITH THE DOCUMENT, •"WATER METER INSTALLATION STANDARDS AND SPECIFICATIONS" IN SCHEDULED' OF BYLAW 2190-19902. FOR SUPPLY OF METERS REFER TO TABLE 1 OF THE"WATER METER INSTALLATION STANDARDS AND SPECIFICATIONS."METER INSTALLATIONFOR 25mm & SMALLERSERVICE CONNECTION(ONE TWO 7-741\4!Dis<strong>Mission</strong>ON THE FRASERDRAWN Jan. <strong>2009</strong>REVISEDSCALE- NTS


171MisISTsRiCoT nOFON THE FRASERsoeo.eiEngineering and Public WorksMemorandumTo: Chief Administrative OfficerFrom: Superintendent <strong>of</strong> Roads and DrainageDate: June 19, <strong>2009</strong>Subject: STR. 37 Boulevard Landscaping PolicyRecommendationThat the attached Boulevard landscaping Policy STR. 37 be approved.BackgroundCouncil at its Regular Meeting held March 16, <strong>2009</strong> received the attached memorandum andproposed policy dated February 19, <strong>2009</strong>. After consideration Council made the followingrecommendation:Moved by Councillor Horn, andRECOMMENDED: That this item be deferred pending further information.CARRIEDStaff were directed to bring back an amended version incorporating the following:1. Item 5 should include the species <strong>of</strong> trees that are permitted;2. Item 5 or 6 should include if equipment such as benches, concrete planners,garbage reciprocals or basketball hoops are allowed in boulevards;3. Item 8 first sentence should be amended as follows: "Based on publiccomplaints for safety concerns or on the observation <strong>of</strong> a municipal <strong>of</strong>ficer...".Attached please find the revised proposed STR. 37 Boulevard Landscaping Policy thataddresses the above listed concerns as well as adding a paragraph concerning retaining walls.This revised version <strong>of</strong> the proposed policy has been reviewed by Keith Gibson <strong>of</strong> the MunicipalInsurance Association.It is recommended that the current proposed policy be adopted by Council.Matt DunhamPworks/Matt/STR. 37 Recommendation Memo.docFILE: ADM.POL.PRO PAGE 1 OF 1STR. 37 Boulevard Landscaping Policy


172STREETS & ROADSBOULEVARD LANDSCAPINGSTR.37Date Policy Adopted:Council Resolution Number:Context:The <strong>District</strong> recognizes that landscaping <strong>of</strong> a boulevard area adds to the overall beauty <strong>of</strong> ourcommunity. As a result the <strong>District</strong> will not take any steps to discourage this activity, whenboulevard landscaping falls within the policy guidelines set out below.Inspections:The <strong>District</strong> will not inspect boulevards for potential hazards, and will only respond to publiccomplaints.Policy Guidelines:1. For the purpose <strong>of</strong> this policy, "boulevard" means the area between the curb lines, theedge <strong>of</strong> pavement or the shoulder <strong>of</strong> a roadway, and the adjacent property line.In practical terms for a curbed road the boulevard is the part <strong>of</strong> the road allowancebetween the back <strong>of</strong> curb or back <strong>of</strong> sidewalk and the adjacent property line defining thelimit <strong>of</strong> the road allowance.Where there are no curbs, the boulevard is the area between the edge <strong>of</strong> the roadshoulder and the property line, or if there is no shoulder, the area between the edge <strong>of</strong>pavement and the property line.2. A property owner whose property is adjacent to a municipal boulevard may landscapeand maintain the boulevard provided that the landscaping does not interfere withpedestrians who are using either a sidewalk, walking strip or road shoulder (if there is nosidewalk or walking strip), or contravene the provisions <strong>of</strong> the <strong>District</strong>'s subdivisioncontrol bylaw or traffic control bylaw, or interfere with the required sight lines atintersections.3. All boulevard landscaping must not interfere with underground and above ground utilitiesand fire hydrants.<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Streets & Roads — Boulevard Landscaping — STR.37 Engineering & Public Works Page 1 <strong>of</strong> 2


1734. If it becomes necessary for the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> or a utility company to perform work onthe above ground or underground utility services, efforts will be made to restore theboulevard landscaping to its original state.5. Acceptable landscape materials include grass, shrubs, tree species that are permitted bythe subdivision control bylaw, flowers, decorative gravel, environmentally neutral mulchsuch as bark mulch, wood chips and class 'A' compost, asphalt and concrete.6: Other features such as low pr<strong>of</strong>ile fences (to a maximum height <strong>of</strong> .75 metres),decorative stones, rocks, benches, concrete planters, basketball hoops and garbagereceptacles will be permitted as part <strong>of</strong> landscaping only when they are set back aminimum <strong>of</strong> 2.5 metres from the edge <strong>of</strong> pavement or curb and gutter and 1 metre fromthe edge <strong>of</strong> sidewalks. Placement <strong>of</strong> these items must not present a hazard to motoristsor pedestrians.7. Retaining walls are not generally permitted in the boulevard and must be constructed onprivate property and must meet the requirements as set out in Section 8 RetainingStructures <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Building Bylaw 3590-2003 as amended from time totime. If in the opinion <strong>of</strong> the Director <strong>of</strong> Engineering & Public Works a retaining wall isnecessary and it cannot be constructed on private property a special permit may beissued. Landscaping aesthetics will not be considered a necessity.8. After receiving due notice, if the property owner fails to maintain the landscaping on theboulevard, the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> may remove the landscaping at the owners cost.9. Based on safety concerns through public complaints or municipal employeeobservations, the Risk Inspector will inspect the boulevard area to determine the extent<strong>of</strong> the public safety risk. If the Risk Inspector determines that there is a legitimateconcern, s/he will contact the property owner to determine an acceptable solution,including the time frame to implement the solution. A follow-up letter will be sent to theowner.If the solution is not implemented within the agreed time frame, the Risk Inspector willcontact the Director <strong>of</strong> Engineering and Public Works, who will issue an order for theowner to either comply with the solution or face removal <strong>of</strong> the <strong>of</strong>fending landscapefeature within a specific time frame. The Director will issue an order for removal uponexpiry <strong>of</strong> the specified compliance time frame. Cost <strong>of</strong> removal to be paid by propertyowner.Revised: June 16, <strong>2009</strong>g/common/policies and procedures/STR.37 Boulevard Landscaping Policy.doc<strong>District</strong> <strong>of</strong> <strong>Mission</strong>streets & Roads — Boulevard Landscaping - STR.37 Engineering & Public Works Page 2 <strong>of</strong> 2


fissionDISTRICT OFEngineering and Public WorksMemorandum174File Category:File Folder:INF.WAT.WATJ.A.M.E.S Treatment PlantTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering & Public WorksDate: June 22, <strong>2009</strong>Subject: James WWTP — License <strong>of</strong> Occupation for Old OutfallRecommendationThat the Mayor and Director <strong>of</strong> Corporate Administration be authorized to sign the Offer and Licensesubstantially in the form attached and to return one copy to the Ministry <strong>of</strong> Agriculture and Lands oncesigned by both the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> and City <strong>of</strong> Abbotsford.BackgroundThis matter was considered by the Abbotsford <strong>Mission</strong> Water and Sewer Commission (WSC) on June 11,<strong>2009</strong> with the following motion being made:"Moved by Councillor Ross, seconded by Councillor Gidda, that Report No. UMC 43-<strong>2009</strong>, datedMay 28, <strong>2009</strong>, from the Wastewater Planning/Process Engineer, regarding the JAMES WWTP —License <strong>of</strong> Occupation for Old Outfall, be received; (1) the enclosed Offer and two copies <strong>of</strong> theLicense be signed by the City <strong>of</strong> Abbotsford and <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, and be returned to the Ministry<strong>of</strong> Agriculture and Lands by <strong>July</strong> 13, <strong>2009</strong>; and (2) the application fee be funded from the JAMESOperating Budget.WSC 72-<strong>2009</strong> CARRIED.Abbotsford is in the process <strong>of</strong> signing the Offer and License and will forward to the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>once signed.The JAMES Wastewater Treatment Plant (WWTP) was previously owned by the Fraser Valley Regional<strong>District</strong> (FVRD). Ownership <strong>of</strong> the treatment plant was transferred to the Abbotsford <strong>Mission</strong> Water andSewer Commission (WSC) in 2005, with the exception <strong>of</strong> the land owned by the Ministry (Crown Land).DiscussionThe existing old 900 mm diameter outfall is located on Crown Land and was under the name <strong>of</strong> FVRD.The License <strong>of</strong> Occupation (License No. 236804) expired on June 1, 2008.The WSC submitted an application for a license for the outfall purposes over "Unsurveyed foreshore orland covered by water being part <strong>of</strong> the bed <strong>of</strong> Fraser River, Group 2, New Westminster <strong>District</strong>containing 0.0145 hectares, more or less", and received a Tenure Offer from the Ministry <strong>of</strong> Agricultureand Lands on May 12, <strong>2009</strong> (attached).The WSC does not have any current plans to reuse the old outfall; however, it is believed to be prudentto renew the license to keep future options open.Page <strong>of</strong> 2


175By signing and returning the copies <strong>of</strong> Offer and License, the WSC gains permission to use and occupythe land in Fraser River where the old outfall is located.The new License <strong>of</strong> Occupation is dated for reference June 2, 2008 and will replace the expired license(Li ense No. 2368Q4).V■IRic iiernh<strong>of</strong>F:\ENGINEER\RBOF\Water & Sewer\James WWTP Lisense <strong>of</strong> Occupation for Outfall.docFILE CATEGORY: INF.WAT.WAT Page 2 <strong>of</strong> 2FILE FOLDER J.A.M.E.S Treatment Ptam


176BRMSHCOWMBIAMinistry <strong>of</strong> Agriculture and Lands200-10428 153 StSurrey, BC V3R 1E1Telephone No: 604-586-2888Facsimile No: 604-586 1414GST Registration No: R107864738Your contact is: Barb HudsonOur file: 2403098Your file: 5750-70TENURE OFFERMay 12, <strong>2009</strong>/CITY OF ABBOTSFORDRob Isaac, Engineering Manager32315 South Fraser WayAbbotsford, BC V2T 1W7 andDISTRICT OF MISSIONRick Bomh<strong>of</strong>, Director <strong>of</strong> Engineering8645 Stave Lake St. PO Box 20<strong>Mission</strong>, BC V2V 4L9Dear Rob Isaac:Re: Your Application for a Tenure over Crown LandYour application for a licence for sewer/effluent line purposes over:UNSURVEYED FORESHORE OR LAND COVERED BY WATER BEING PART OFTHE BED OF FRASER RIVER, GROUP 2, NEW WESTMINSTER DISTRICT,CONTAINING 0.0145 HECTARES, MORE OR LESS,(the "Land") has been accepted by us subject to fulfillment <strong>of</strong> certain requirements.Accordingly, we are <strong>of</strong>fering to you a licence on the terms and conditions set out in thisletter.This is to replace Licence No. 236804 which expired June 1, 2008.When you have executed the two enclosed documents please forward to the <strong>District</strong> <strong>of</strong><strong>Mission</strong>, attention Rick Bomh<strong>of</strong>, Director <strong>of</strong> Engineering, for signature.


177- 2 -File No.: 2403098Please be aware that you are required under this licence to observe, abide by andcomply with all applicable laws, byiaws; orders, directions, ordinances and regulations<strong>of</strong> any competent governmental authority which in any way affects your use andoccupation <strong>of</strong> the Crown land and any improvements made to that land. If you haveany concerns or questions regarding any such laws, bylaws, orders, directions,ordinances and regulations you are encouraged to seek legal advice.Deadline for Your Acceptance <strong>of</strong> this OfferThis <strong>of</strong>fer may be accepted by you no later than <strong>July</strong> 13, <strong>2009</strong> (unless this deadline isextended in writing by us). To accept this <strong>of</strong>fer, you must complete and return to usthe enclosed acceptance page by that time. If you do not wish to accept this <strong>of</strong>fer,please check the applicable box on the acceptance page and sign and return the pageto us so that we may record your rejection <strong>of</strong> our <strong>of</strong>fer.1. Conditions <strong>of</strong> OfferEnclosed are two copies <strong>of</strong> your licence. If you accept this <strong>of</strong>fer by returningthe acceptance page to us within the time set out above, you must then executeand return these documents to us on or before <strong>July</strong> 13, <strong>2009</strong> together with all <strong>of</strong>the following:Monies PayableYou must deliver to us the following amounts:Application Fee *$ 500.00GST Total $ 25.00Total Fees Payable $ 525.00* denotes GST payableYour cheque or money order must be payable to the Minister <strong>of</strong> Finance and bedelivered to 200-10428 153 St Surrey, BC V3R 1E1. Please quote our filenumber when sending us your payment.The enclosed tenure documents must all be signed in the spaces provided on thesignature page by persons authorized to sign on behalf <strong>of</strong> the municipality. Return allcopies to us.If you sign the licence documents and return them to us on or before <strong>July</strong> 13, <strong>2009</strong>(unless this deadline is extended in writing by us), together with each <strong>of</strong> the itemslisted in this section, the licence documents will be signed on behalf <strong>of</strong> the Province.Ne will then .return an executed copy <strong>of</strong> the licence to you. If the licence documentsand each <strong>of</strong> the items listed in this section are not returned to us on or before <strong>July</strong> 13,


178- 3 -File No.: 2403098<strong>2009</strong>, we will be under no further obligation to issue the licence to you and this <strong>of</strong>ferwill terminate.2. Acknowledgments <strong>of</strong> the ApplicantBy accepting this <strong>of</strong>fer, you agree that:(a)(b)(c)(d)This <strong>of</strong>fer cannot be transferred to another personThis <strong>of</strong>fer and the licence do. not guarantee that(i) the Land is suitable for your proposed use,(ii) the Land can be built on,(iii) there is access to the Land, or(iv) the Land is not susceptible to flooding or erosion.This <strong>of</strong>fer will survive the signing and issuance <strong>of</strong> the licence but if anycontradiction exists between the terms <strong>of</strong> this <strong>of</strong>fer and the licence, theterms <strong>of</strong> the licence will prevail.This <strong>of</strong>fer does not give you any right to use or occupy the Land for anypurpose.Under the Land Act, this <strong>of</strong>fer is not binding upon the Province until thelicence is sicned by the Province.(fi Time is <strong>of</strong> the essence ir this <strong>of</strong>fer.Your RepresentationsBy accepting this <strong>of</strong>fer, you confirm that(a)(b)You (or your authorized representative) have inspected the Land and arefully aware <strong>of</strong> its condition.You have knowledge <strong>of</strong> all municipal and regional bylaws regulating theuse and development <strong>of</strong> the Land.(c) You acknowledge that you have no right to use or occupy the Landunless and until the licence is issued to you under this <strong>of</strong>fer.Freedom <strong>of</strong> InformationPersonal information is collected under the Land. Act for the purpose <strong>of</strong> administeringCrown land. Information on your application, and if issued, your tenure, will becomepart <strong>of</strong> the Crown Land Registry, from which information is routinely made available tothe public under freedom <strong>of</strong> information legislation.


179- 4 -Fiie No.: 2403098Yours truly,Authorized representative


180File No: 2403098- 5 -Acceptance <strong>of</strong> Offer <strong>of</strong> licenceFile No. 2403098Ministry <strong>of</strong> Agriculture and Lands200-10428 153 StSurrey, BC V3R 1E1Dear Barb Hudson:Re: Application for licenceIfINe accept the <strong>of</strong>fer <strong>of</strong> licence made to me/us by way <strong>of</strong> a letterdated May 12, <strong>2009</strong> from the Ministry <strong>of</strong> Agriculture and Landsand I/we agree to perform and abide by my/our covenants,acknowledgements and representations set out in that <strong>of</strong>fer.fl 1/We do not accept the <strong>of</strong>fer <strong>of</strong> licence made to me/us by way <strong>of</strong> aletter dated May 12, <strong>2009</strong> from the Ministry <strong>of</strong> Agriculture andLands.DATED the <strong>of</strong>f.signaturelApplicant's rUipik ,.../Cli ILrepresentative's signature representative's signatureIL JPrint name <strong>of</strong> person signing Print name <strong>of</strong> person signing


181„BRMSHLOWMBRLICENCE OF OCCUPATIONLicence No.: File No.: 2403098Disposition No.: 864326THIS AGREEMENT is dated for reference June 2, 2008 and is made under the Land Act.BETWEEN:AND:HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISHCOLUMBIA, represented by the minister responsible for the Land Act, Parliament Buildings,Victoria, British Columbia(the "Province”)CITY OF ABBOTSFORD• 32315 South Fraser WayAbbotsford, BC V2T 1Vs7 andDISTRICT OF MISSION8645 Stave Lake St. PO Box 20<strong>Mission</strong>, BC V2V 4L9(the "Licensee")The parties agree as follows:ARTICLE 1 - INTERPRETATION1.1 in this Agreement,"Agreement" means this licence <strong>of</strong> occupation;"Commencement Date" means June 2, 2008;"disposition" has the meaning given to it in the Land. Act and includes a licence <strong>of</strong> occupation;"Fees" means the fees set out in Article 3;"Improvements" includes anything made, constructed, erect-d, built, altered, repaired orUTILITY LICENCE • Page 1


182Licence File No.: 2403098Disposition No.: 864326added to, in, on or under the Land, and attached to it or intended to become a part <strong>of</strong> it,and also includes any clearing. excavating. digging. drilling, tunnelling, filling, gradingor ditching <strong>of</strong> in, on or under the Land:"Land" means that part or those parts <strong>of</strong> the following described land shown outlined by boldline on the schedule attached to this Agreement entitled "Legal Description Schedule":UNSURVEYED FORESHORE OR LAND COVERED BY WA I ER BEING PARTOF THE BED OF FRASER RIVER. GROUP 2, NEW WESTMINSTER DISTRICT,CONTAINING 0.0145 HECTARES, MORE OR LESS,except for those parts <strong>of</strong> the land that. on the Commencement Date, consist <strong>of</strong> highways(as defined in the Transportation Act):"Realty Taxes" means all taxes, rates, levies, duties, charges and assessments levied orcharged, at any time, by any government authority having jurisdiction which relate tothe Land, the Improvements or both <strong>of</strong> them and which you are liable to pay underapplicable laws;"Security" means the security referred to in section 6.1 or 6.2, as replaced or supplemented inaccordance with section 6.5;"Term" means the period <strong>of</strong> time set out in section 2.2:"we". "us" or "our" refers to the Province alone and never refers to the combination <strong>of</strong> theProvince and the Licensee: that combination is referred to as "the parties"; and"you" or "your" refers to the Licensee..1.2 In this Agreement, "person" includes a corporation, firm or association and wherever thesingular or masculine form is used in this Agreement it will be construed as the plural orfeminine or neuter form, as the case may be. and vice versa where the context or partiesrequire.1.3 The captions and headings contained in this Agreement are for convenience only and do notdefine or in any way limit the scope or intent <strong>of</strong> this Agreement.1.4 This Agreement will be interpreted according to the laws <strong>of</strong> the Province <strong>of</strong> British Columbia.1.5 Where there is a reference to an enactment <strong>of</strong> the Province <strong>of</strong> British Columbia or <strong>of</strong> Canada inthis Agreement, that reference will include a reference to every amendment to it, everyregulation made under it and any subsequent enactment <strong>of</strong> like effect and, unless otherwiseindicated, all enactments referred to in this Agreement are enactments <strong>of</strong> the Province <strong>of</strong>UTILITY LICENCEPale 2 <strong>of</strong>


183Licence File No.: 2403098Disposition No.: 864326British Cdlumbia.1.6 If any section <strong>of</strong> this Agreement, or any part <strong>of</strong> a section, is found to be illegal orunenforceable, that section or part <strong>of</strong> a section, as the case may be, will be considered separateand severable and the remainder <strong>of</strong> this Agreement will not be affected and this Agreement willbe enforceable to the fullest extent permitted by law.1.7 Each schedule to this Agreement is an integral part <strong>of</strong> this Agreement as if set out at length inthe body.<strong>of</strong> this Agreement.1.8 This Agreement constitutes the entire agreement between the parties and no understanding oragreement, oral or otherwise, exists between the parties with respect to the subject matter <strong>of</strong>this Agreement except as expressly set out in this Agreement and this Agreement may not bemodified except by subsequent agreement in writing between the parties.1.9 Each party will, upon the request <strong>of</strong> the other, do or cause to be done all lawful acts necessaryfor the performance <strong>of</strong> the provisions <strong>of</strong> this Agreement.1.10 All provisions <strong>of</strong> this Agreement in our favour and all <strong>of</strong> our rights and remedies, either at law- or in equity, will survive the termination <strong>of</strong> this Agreement.1.11 Time is <strong>of</strong> the essence <strong>of</strong> this Agreement.1.12 Wherever this Agreement provides that an action may be taken, a consent or approval must beobtained or a detellnination must be made, then you or we, as the case may be, will actreasonably in taking such action, deciding whether to provide such consent or approval ormaking such determination; but where this Agreement states that you or we have solediscretion to take an action, provide a consent or approval or make a determination, there will• be no requirement to show reasonableness or to act reasonably in taking that action, providingthat consent or approval or making that determination.T CLE 2 - GRANT AND TERM7 . 17 :1On the terms and conditions <strong>of</strong> this Agreement, we grant you, your employees, agents andcontractors a licence to occupy the Land only for the purposes <strong>of</strong> excavating for. constructing,operating, removing, replacing,- reconstructing, repairing and safegnsrding the Improvementsnecessary for sewer/effluent line and for telecommunications equipnient necessary for theoperation <strong>of</strong> such Iniprovements; and you acknowledge this licence <strong>of</strong> occupation does notgrant you exclusive use and occupancy <strong>of</strong> the Land.The term <strong>of</strong> this Agreement commences on the Commencement Date and terminates on the10th anniversary <strong>of</strong> that date, or such earlier date provided for in this Agreement.UTILITY LICENCEPage 3 <strong>of</strong> -.:C.2—e)


184Licence File No.: 2403098Disposition No.: 864326ARTICLE 3 - FEES3.1 The Fee for the Term is $1.00, the receipt <strong>of</strong> which we acknowledge.ARTICLE 4 - COVENANTS4.1 You must(a) pay, when due,(i) the Fees to us at the address set out in Article 10,(ii)the Realty Taxes, and(iii) all charges for electricity, gas, water and other utilities supplied to the Land foruse by you or on your behalf or with your permission;(b) deliver to us, immediately upon demand, receipts or other evidence <strong>of</strong> the payment <strong>of</strong>Realty Taxes'and all other money required to be paid by you under this Agreement(c)observe, abide by and comply withall applicable laws, bylaws, orders, directions, ordinances and regulations <strong>of</strong> anygovernment authority having jurisdiction in any way affecting your use oroccupation <strong>of</strong> the Land or the Improvements, and(ii) the provisions <strong>of</strong> this Agreement:.(d)(e)(f)in respect <strong>of</strong> the use <strong>of</strong> the Land by you or by anyone you permit to use the Land. keepthe Land and the Improvements in a safe, clean and sanitary condition satisfactory to us,and at our written request, rectify any failure to comply with such a covenant by makingthe Land and the Improvements safe, clean and sanitary;not commit any wilful or voluntary waste, spoil or destruction on the Land or doanything on the Land that may be or become a nuisance or annoyance to an owner oroccupier <strong>of</strong> land in the vicinity <strong>of</strong> the Land;use and occupy the Land only in accordance with and for the purposes set out in section21;not construct, place or affix any improvement on or to the Land except as necessary forUTILITY LICENCEFaze 4 <strong>of</strong> c;-- -?


185Licence File No.: 2403098Disposition No.: 864326the purposes set out in sectionpay all accounts and expenses as they become due for work performed on or materialssupplied to the Land at your request, on your behalf or with your permission, except formoney that you are required to hold back under the Builders Lien Act;if any claim <strong>of</strong> lien over the Land is made under the Builders Lien Act for workperformed on or materials supplied to the Land at your request, on your behalf or withyour permission, immediately take all steps necessary to have the lien discharged,unless the claim <strong>of</strong> lien is being contested in good faith by you and you have taken thesteps necessary to ensure that the claim'<strong>of</strong> lien will not subject the Land or any interest<strong>of</strong> yours under this Agreement to sale or forfeiture;(j) not cut or remove timber on or from the Land without(i)(ii)our prior written consent, andbeing granted the right under the ForeSt Act to harvest Crown timber on theLand;(10 obtain our prior written consent, which consent may be unreasonably withheld, beforepermitting any other person to use the Land or the Improvements (including withoutlimitation, any copper, coaxial, fibre optic or similar material or device) for anytelecommunications purpose;(1) obtain our prior written consent, which consent may be unreasonably withheld, beforeusing the Land or the Improvements for any telecommunications purpose other than atelecommunications purpose which is necessary for your operation <strong>of</strong> theimprovements;(m)(n)if any soil is disturbed by you as a result <strong>of</strong> your construction or maintenance <strong>of</strong> theImprovements, at your expense, restore the surface <strong>of</strong> the Land to a conditionsatisfactory to us;take all reasonable precautions to avoid disturbing or damaging any archaeologicalmaterial found. on or under the Land and, upon discovering any archaeological materialon or under the Land, you must immediately notify the minisl v responsible foradministering the Heritage Conservation Act;not alter, repair or add to any improvement without our prior written consent;at our request and at your expense, have a British Columbia Land Surveyor conduct asurvey <strong>of</strong> the Land within one year;UTILITY LICENCEPac.e 5 <strong>of</strong>


186Licence File No.: 2403098Disposition No.: 864326(q)(r)permit us, or our authorized representatives, to enter on the Land at any time to inspectthe Land and the Improvements, provided that in - regard to our inspection <strong>of</strong> theImprovements we take reasonable steps to minimize any disruption <strong>of</strong> your operations;indemnify and save us and our servants, employees and agents harmless against allclaims, actions, causes <strong>of</strong> action, losses, damages, costs and liabilities, including fees <strong>of</strong>solicitors and other pr<strong>of</strong>essional advisors, arising out <strong>of</strong>(i)(ii)your breach, violation or nonperformance <strong>of</strong> a provision <strong>of</strong> this Agreement, andany personal injury, bodily injury (including death) or property damageoccurring or happening on or <strong>of</strong>f the Land by virtue <strong>of</strong> your entry upon, use oroccupation <strong>of</strong> the Land,and the amount <strong>of</strong> all such losses, damages, costs and liabilities will be payable to usimmediately upon demand; and(s) on the termination <strong>of</strong> this Agreement,(i)(ii)(iii)(iv)peaceably quit and deliver to us possessiOn <strong>of</strong> the Land and, subject toparagraphs (ii), (iii) and.(iv), the improvements in a safe, clean and sanitarycondition,within 30 days, remove from the Land any Improvement you want to remove, ifthe Improvement was placed on or made to the Land by you and you are not indefault <strong>of</strong> this Aueement„not remove any Improvement from e Land if you are in default <strong>of</strong> thisAgreement, unless we direct or permit you to do so under paragraph (iv),remove from the Land any Improvement that we, in writing, direct or permit youto remove, other than any improvement permitted to be placed on or made to theLand under another disposition, andrestore the surface <strong>of</strong> the Land as nearly as may reasonably be possible to thesame condition as it was on the Commencement Date, to our satisfaction, but ifyou are not directed or permitted to remove an Improvement under paragraph(iv), this paragraph will not apply to that part <strong>of</strong> the surface <strong>of</strong> the Land onwhich that Improvement is located,and all <strong>of</strong> your right, interest and. estate in the Land will be absolutely forfeited to us,and to the extent necessary, this covenant will survive the termination <strong>of</strong> thisAgreement.UTILITY LICENCEPage 6 <strong>of</strong>


187Licence File No.: 2403098Disposition No.: 8643264.2 You will not permit any person to do anything you are restricted from doing under this Article.4.3 We will not do anything on the Land that will interfere materially with the Improvements oryour use <strong>of</strong> the Improvements, or that creates a public hazard.5.1 You agree with us thatARTICLE 5 - LIMITATIONS(a)(b)we are under no obligation to provide access or services to the Land or to maintain orimprove existing access roads:this Agreement is subject to'(i) all subsisting dispositions and'subsisting grants to or rights <strong>of</strong> any person madeor acquired under the Coal Act, Forest Act, Mineral Tenure Act, Petroleum andNatural Gas Act, Range Act, Wildlife Act or Water Act, or any extension orrenewal <strong>of</strong> the same, whether or not you have actual notice <strong>of</strong> them, and •(ii) the exceptions and reservations <strong>of</strong> interests, rights, privileges and titles referredto in section 50 <strong>of</strong> the Land Act;(c)(d)without limiting subsection 4.1(0, you must indemnify and save us and our servants,employees and agents harmless from and against all claims, actions, causes <strong>of</strong> action,losses, damages; costs and liabilities, including fees <strong>of</strong> solicitors and other pr<strong>of</strong>essionaladvisors, arising out <strong>of</strong> any conflict between your rights under this Agreement and therights <strong>of</strong> any person under a disposition or under a subsisting grant to or right <strong>of</strong> anyperson made or acquired under the Coal Act, Forest Act, Mineral Tenure Act, Petroleumand Natural Gas Act, Range Act, Wildlife Act or Water Act (or any prior or subsequentenactment <strong>of</strong> the Province <strong>of</strong> British Columbia <strong>of</strong> like effect), or any extension orrenewal <strong>of</strong> the same, whether or not you have actual notice <strong>of</strong> them, and the amount <strong>of</strong>all such losses, damages, costs and liabilities will be payable to us immediately upondemand;you release us from all claims, actions, causes <strong>of</strong> action. suits, debts and demands thatyou now have or may at any time in the future have against us arising out <strong>of</strong> anyconflict between your rights under this Agreement and the rights <strong>of</strong> any person under adisposition or under a subsisting grant to or right made or acquired under theenactments referred to in subsection (c), and you acknowledge that this Agreement andyour rights under this Agreement are subject to those grants and rights referred to insubsection (c) whether or not you have actual notice <strong>of</strong> them.(e) we may make other dispositions <strong>of</strong> or over the Land:UTILITY LICENCEPage 7 <strong>of</strong> cr:2--6


188Licence File No.: 2403098Disposition No.: 864326(f)(g)(h)(i)you will make no claim for compensation, in damages or otherwise, in respect <strong>of</strong> adisposition made under subsection (e), where such disposition does not materially affectthe exercise <strong>of</strong> your rights under this Agreement;subject to subsection (f), all <strong>of</strong> your costs and expenses, direct or indirect, that arise out<strong>of</strong> any lawful interference with your rights under this Agreement as a result <strong>of</strong> theexercise or operation <strong>of</strong> the interests, rights, privileges and titles reserved to us insubsections (b) and (e) will be borne solely by you;you will not commence or maintain proceedings under section 65 <strong>of</strong> the Land Act inrespect <strong>of</strong> any lawful interference with your rights under this Agreement that arises as aresult <strong>of</strong> the exercise or operation <strong>of</strong> the interests, rights, privileges and titles describedin subsections (b) and (e);you will not without our prior written consent, which consent may be unreasonablywithheld, permit any other person to use the Land or the Improvements (including,without limitation, any copper, coaxial, fibre optic or similar material or device) for anytelecommunications purpose;a) you will not without our prior written consent, which consent may be unreasonablywithheld, use the Land or the improvements for any telecommunications purpose otherthan a telecommunications purpose which is necessary for your operation <strong>of</strong> theImprovements;(k)you will not remove or permit the removal <strong>of</strong> any Improvement from the Land except asexpressly permitted or required under this Agreement;(1) any interest you may have in the Improvements ceases to exist and becomes ourproperty upon the termination <strong>of</strong> this Agreement, except Where an. Improvement may beremoved under paragraph 4.1(s)(ii), (iii) or (iv) in which case any interest you may havein that Improvement ceases to exist and becomes our property if the Improvement is notremoved from the Land within the time period set out in paragraph 4.1(s)(ii) or the timeperiod provided for in the direction or permission given under paragraph 4.1(s)(iii); and(m)if, after the termination <strong>of</strong> this Aorreement, we permit you to remain in possession <strong>of</strong> theLand and we accept money from you in respect <strong>of</strong> such possession, a tenancy from yearto year will not be created by implication <strong>of</strong> law and you will be deemed to be amonthly occupier only subject to all <strong>of</strong> the provisions <strong>of</strong> this Agreement, except as toduration, in the absence Of a written agreement to the contrary.UTILITY LICENCEPage 8 <strong>of</strong> ,-.77) =1'


189Licence Fite No.: 2403098Disposition No.: 864326ARTICLE. 6 - SECURITY AND INSURANCE6.1 On the Commencement Date, you will deliver to us security in the amount <strong>of</strong> $0.00 which will(a)(b)guarantee the performance <strong>of</strong> your obligations under this Agreement;be in the form required by us; and(c) remain in effect until we certify, in writing, that you have fully performed your .obligations under this Agreement.6.2 Despite section 6.1, your obligations under that section are suspended for so long as youmaintain in good standing other security acceptable to us to guarantee the performance <strong>of</strong> yourobligations under this Agreement and all other dispositions held by you.6.3 We may use the Security for the payment <strong>of</strong> any costs and expenses incurred by us to performany <strong>of</strong> your obligations under this Agreement that are not performed by you or to pay anyoverdue Fees and, if such event occurs, you will, within 30 days <strong>of</strong> that event, deliver furtherSecurity to us in an amount equal to the amount drawn down by us.6.4 After we certify, in writing, that you have fully performed your obligations under thisAgreement, we will return to you the Security maintained under section 6.1, less all amountsdrawn down by us under section 6.3 .6.5 You acknowledge that we may, from time to time, notify you to(a► change the fo or amount <strong>of</strong> the Security; and(b) provide and maintain another form <strong>of</strong> Security in replacement <strong>of</strong> or in addition to theSecurity posted by you under this Agreement;and you will, within 60 days <strong>of</strong> receiving such notice, deliver to us written confirmation that thechange has been made or the replacement or additional form <strong>of</strong> Security has been provided byyou.6.6 You mustwithout limiting your obligations or liabilities under this Agreement, at your expense,effect and keep in force during the Term the following insurance with insurers licensedto do business in Canada:(i) Commercial General Liability insurance in an amount <strong>of</strong> not less than$1,000,000.00 inclusive per occurrence insuring against liability for personal.injury, bodily injury (including death) and property damage, including, coverageUTLLI ICENCE Pare 9 <strong>of</strong>


190Licence File No.: 2403098Disposition No.: 864326for all accidents or occurrences on the Land or the Improvements. Such policywill, include cross liability, liability assumed under contract, provision to provide• 30 days advance notice to us <strong>of</strong> material change or cancellation, and include usas additional insured;(b)(c)(d)(e)ensure that all insurance required to be maintained by you under this Agreement isprimary and does not require the sharing <strong>of</strong> any loss by any <strong>of</strong> our insurers;within 10 working days <strong>of</strong> Commencement Date <strong>of</strong> this Agreement, provide to usevidence <strong>of</strong> all required insurance in the form <strong>of</strong> a completed "Province <strong>of</strong> BritishColumbia Certificate <strong>of</strong> Insurance";if the required insurance policy or policies expire or are cancelled before the end <strong>of</strong> theTerm <strong>of</strong> this Agreement, provide within 10 working days <strong>of</strong> the cancellation orexpiration, evidence <strong>of</strong> new or renewal policy or policies <strong>of</strong> all required insurance in theform <strong>of</strong> a completed "Province <strong>of</strong> British Columbia Certificate <strong>of</strong> Insurance";notwithstanding subsection (c) or (d) above, if requested by us, provide to us certifiedcopies <strong>of</strong> the required insurance policies.6.7 We may, acting reasonably, from time to time, require you to(a)(b)change the amount <strong>of</strong> insurance set out in subsection 6.6(a); andprovide and maintain another type. or types <strong>of</strong> insurance in replacement <strong>of</strong> or in additionto the insurance previously required to be maintained, by you under this Agreement;and you will, within 60 days <strong>of</strong> receiving such notice, cause the amounts and types to bechanged and deliver to us a completed "Province <strong>of</strong> British Columbia Certificate <strong>of</strong> insurance"for all insurance then required to be maintained by you under this Agreement.6.8 You shall provide, maintain, and pay for any additional insurance which you are required bylaw to carry, or which you consider necessary to insure risks not otherwise covered by theinsurance specified in this Agreement in your sole discretion.6.9 You waive all rights <strong>of</strong> recourse against us with regard to damage to your own property.ARTICLE 7 - ASSIGNMENT7.1 You must not sublicense, assign, mortgage or transfer this Agreement, or permit any person touse or occupy the Land, without our prior written consent, which Consent we may withhold.7.7 For the purpose <strong>of</strong> section 7.1, if you are a corporation, a change in control (as that term isUTILITY LICENCEPage 10 <strong>of</strong>


191Licence File No.: 2403098Disposition No.: 864326defined in subsection 2(3) <strong>of</strong> the Business corporations Act) will be deemed to be a transfer <strong>of</strong>this Agreement.7.3 Section 7.2 does not apply to a corporation if the shares <strong>of</strong> the corporation which carry votesfor the election <strong>of</strong> the directors <strong>of</strong> the corporation trade on a stock exchange located in Canada.7.4 Prior to considering a request for our consent under section 7.1, we may require you to meetcertain conditions, including without limitation, that you submit to us a "site pr<strong>of</strong>ile","preliminary site investigation" or "detailed site investigation" (as those terms are defined hithe Environmental Management Act) for the Land or other similar type <strong>of</strong> investigation <strong>of</strong> theLand.8.1 You agree with us that •(a) if youARTICLE 8 - TERMINATION(i)(ii)default in the payment <strong>of</strong> any money payable by you under this Agreement, orfail to observe, abide by and comply with the provisions <strong>of</strong> this Agreement(other than the payment <strong>of</strong> any money payable by you under this Agreement),and your default or failure continues for 60 days after we give written notice <strong>of</strong> thedefault or failure to you,(b)if, in our opinion, you fail to make diligent use <strong>of</strong> the Land for the purposes set out inthis Agreement, and your failure continues for 60 days after we give written notice <strong>of</strong>the failure to you;(c) if youbecome insolvent or make an assignment for the general benefit <strong>of</strong> yourcreditors,(ii)(iii)commit an act which entitles a person to take action under the Bankruptcy andInsolvency Act (Canada) or a bankruptcy petition is filed or presented against .you or you consent to the filing <strong>of</strong> the petition or a decree is entered by a court<strong>of</strong> competent jurisdiction adjudging you bankrupt under any law relating tobankruptcy or insolvency, orvoluntarily enter into an arrangement with your creditors;UTILITY LICENCEPage 1 I <strong>of</strong>


192Licence File No.: 2403098Disposition No.: 864326(d) if you are a corporation,(i)(ii)a receiver or receiver-manager is appointed to administer or carry on yourbusiness, oran order is made, a resolution passed or a petition filed for your liquidation orwinding up;(e) if you are a society, you convert into a company in accordance with the Society Actwithout our prior written consent;(f)if this Agreement is taken in execution or attachment by any person; orif we require the Land for our own use or, in our opinion, it is in the public interest tocancel this Agreement and we have given you 60 days' written notice <strong>of</strong> suchrequirement or opinion;this Agreement will, at our option and with or without entry, terminate and your right to useand occupy the Land will cease.8.2 If the condition complained <strong>of</strong> (other than the payment <strong>of</strong> any money payable by you under thisAgreement) reasonably requires more time to cure than 60 days, you will be deemed to havecomplied with the remedying <strong>of</strong> it if you commence remedying or curing the condition within60 days and diligently complete the same.8.3 You agree with us that(a)(b)you will make no claim for compensation, in damages or otherwise, upon the lawfultermination <strong>of</strong> this Agreement under section 8.1; andour remedies under this Article are in addition to those available to us under the LandAct.ARTICLE 9 - DISPUTE RESOLUTION9.1 If any dispute arises under this Agreement, the parties will make all reasonable efforts toresolve the dispute within 60 days <strong>of</strong> the dispute arising (or within such other-time periodagreed to by the parties) and, subject to applicable laws, provide candid and timely disclosureto each other <strong>of</strong> all relevant facts, information and documents to facilitate those efforts.9.2 Subject to section 9.5, if a dispute tinder this Agreement cannot be resolved under section 9.1,we or you may refer the dispute to arbitration conducted by a sole arbitrator appointed pursuantto the Commercial Arbitration Act.UTILITY LICENCEPage 12 <strong>of</strong>


193Licence - File No.: 2403098Disposition No.: 8643269.3 The cost <strong>of</strong> the arbitration referred to in section 9.2 will be shared equally by the parties and thearbitration will be governed by the laws <strong>of</strong> the Province <strong>of</strong> British Columbia.9.4 The arbitration will be conducted at our <strong>of</strong>fices (or the <strong>of</strong>fices <strong>of</strong> our authorized representative)in City <strong>of</strong> Surrey, British Columbia, and if we or our authorized representative have no <strong>of</strong>fice inCity <strong>of</strong> Surrey, British Columbia, then our <strong>of</strong>fices (or the <strong>of</strong>fices <strong>of</strong> our authorizedrepresentative) that are closest to City <strong>of</strong> Surrey, British Columbia.9.5 A dispute under this Agreement in respect <strong>of</strong> a matter within our sole discretion cannot, unlesswe agree, be referred to arbitration as set out in section 9.2.ARTICLE 10 - NOTICE10.1 Any notice required to be given by either party to the other will be deemed to be given ifmailed by prepaid registered mail in Canada or delivered to the address <strong>of</strong> the other as follows:to usMINISTRY OF AGRICULTURE ANTULANDS200-10428 153 StSurrey, BC V3R 1E1;to youCITY OF ABBOTSFORD32315 South Fraser Way. Abbotsford, BC V2T 1W7 andDISTRICT OF MISSION8645 Stave Lake St. PO Box 20<strong>Mission</strong>, BC V2V 4L9or at such other address as a party may, from time to time, direct in writing, and any such noticewill be deemed to have been received if delivered, on the day <strong>of</strong> delivery, and if mailed, 7 daysafter the time <strong>of</strong> mailing, except in the case <strong>of</strong> mail interruption in which case actual receipt isrequired.10.2 In order to expedite the delivery <strong>of</strong> any notice required to be giVen by either party to the other,a concurrent facsimile copy <strong>of</strong> any notice will, where possible, be provided to the other partybut nothing in this section, and specifically the lack <strong>of</strong> delivery <strong>of</strong> a facsimile copy <strong>of</strong> anynotice, will affect the deemed delivery provided in section 10.1.UTILITY LICENCEPage 13 <strong>of</strong> -;").-‘'-


194Licence File No.: 2403098Disposition No.: 86432610.3 The delivery <strong>of</strong> all money payable to us under this Agreement will be effected by hand, courieror prepaid regular mail to the address specified above, or by any other payment procedureweed to by the parties, such deliveries to be effective on actual receipt.ARTICLE MISCELLANEOUSNo provision <strong>of</strong> this Agreement will be considered to have been waived unless the waiver is inwriting, and a waiver <strong>of</strong> a breach <strong>of</strong> a provision <strong>of</strong> this Agreement will not be construed as orconstitute a waiver <strong>of</strong> any further or other breach <strong>of</strong> the same or any other provision <strong>of</strong> thisAgreement, and a consent or approval to any act requiring consent or approval will not waiveor render unnecessary the requirement to obtain consent or approval to any subsequent same orsimilar act.No remedy conferred upon or reserved to us under this Agreement is exclusive <strong>of</strong> any otherremedy in this Agreement or provided by law, but that remedy will be in addition to all otherremedies in this Agreement or then existing at law, in equity or by statute.11.3 The grant <strong>of</strong> a sublicence, assignment or transfer <strong>of</strong> this Agreement does not release you fromyour obligation to observe and perform all the provisions <strong>of</strong> this Agreement on your part to beobserved and performed unless we specifically release you from such obligation in our consentto the sublicence, assimment or transfer <strong>of</strong> this Agreement.11.4 This Agreement extends to, is binding upon and enures to the benefit <strong>of</strong> the parties, their heirs,executors, administrators, successors and permitted assigns.11.5 If, due to a strike, lockout, labour dispute, act <strong>of</strong> God, inability to obtain labour or materials,law, ordinance, rule, regulation or order <strong>of</strong> a competent governmental authority, enemy orhostile action, civil commotion, fire or other casualty or any condition or cause beyond yourreasonable control, other than normal weather conditions, you are delayed in performing any <strong>of</strong>your obligations under this Agreement, the time for the performance <strong>of</strong> that obligation will beextended by a period <strong>of</strong> time equal to the period <strong>of</strong> time <strong>of</strong> the delay so long as(0 you give notice to us within 30 days <strong>of</strong> the commencement <strong>of</strong> the delay setting forth thenature <strong>of</strong> the delay and an estimated time frame for the performance <strong>of</strong> your obligation;and(b) you diligently attempt to remove the delay.11.6 You agree with us that(a) we are under no obligation, express or implied, to provide financial assistance or tocontribute toward the cost <strong>of</strong> servicing, creating or developing the Land or theUTILITY LICENCEPage 14 <strong>of</strong>


195Licence File No.: 2403098Disposition No.: 864326Improvements and you are solely responsible for all costs and expenses associated withyour use <strong>of</strong> the Land and the Improvements for the purposes set out in this Agreement;and(b)nothing in this Agreement constitutes you as our agent, joint venturer or partner or givesyou any authority or power to bind us in any way.11.7 This Agreement does not override or affect any powers, privileges or immunities to which youare entitled under any enactment <strong>of</strong> the Province <strong>of</strong> British Columbia.The parties have executed this Agreement as <strong>of</strong> the date <strong>of</strong> reference <strong>of</strong> this Agreement.SIGNED on behalf <strong>of</strong> HER MAJESTYTHE QUEEN IN RIGHT OF THEPROVINCE OF BRITISH COLUMBIAby the minister responsible for the Land Actor the minister's authorized representativeMinister responsible for the Land Actor the minister's authorized representativeSIGNED on behalf <strong>of</strong> CITY OF ABBOTSFORDby its authorized signatoriesAuthorized SignatoryAuthorized SignatoryUTILITY LICENCE Page 15 <strong>of</strong> ...-


196Licence File No.: 2403098Disposition No.: 864326SIGNED on behalf <strong>of</strong> DISTRICT OF MISSIONby its authorized signatoriesAuthorized SignatoryAuthorized SignatoryUTILITY LICENCEPage 16 <strong>of</strong>


197LicenceFile No.: 2403098Disposition No.: 864326LEGAL DESCRIPTION SCHEDULEA AC-A--; 0.0 ! 4S 1FRASER . • RIVERLa•LP• 344' 34° 50.Z.12 454v c:r44ee( CALCULATF.17) 41144.1 14AREA COVEREDBY WATERPRESENT K.W.U. 1 42.vs) _e• 2z., .1 zto _ , - - 4 2-- - - - - 22!so°ir., 7,C.. *". 22- 11%, .4J1‘,-4 . ... "..1.4( 5T --...- .?- r''' - - -\, .••°OM/ 00 , ‘C..........162. 3S5 or 4.6 ./... 576 32: 04.1 40 ....0. 0 .- .313fft"°:.„. .0 i?..LOT 1216.06 HA.Scale 1:1250UTILITY LICENCEPage 17 <strong>of</strong>


198Filo No.: caz# 3 o#Disposition No.: 86OLYMPIC SIGNAGE SCHEDULEFor the purpose, <strong>of</strong> this schedule:(a) "Ad Space" means any area <strong>of</strong> the Land on which:(i)(ii)you have been permitted to place, oryou have been permitted to allow other persons to place,signage, advertising or commercial identification <strong>of</strong> any kind but does not include anyarea that is within a building or structure and which is not visible from outside <strong>of</strong> theLand;(b)(c)(d)(e)"Games Advertising Period" means the period from and including January 12, 2010toand including March 23, 2010;"Option Exercise Period" means the period from and including the date <strong>of</strong> thisAgreement to and including September 30, <strong>2009</strong>;"Subsequent Ad Space" means Ad Space which has been created by a permissiongranted by us after the Option Exercise Period; and"VANOC" means the Vancouver Organizing Committee for the 2010 Olympic andParalympic Winter Games.This schedule does not constitute a Nrmission for you to place, or allow others to place,signage, advertising or commercial identification <strong>of</strong> any kind on the Land and does not modifyany other provision <strong>of</strong> this Agreement under which such permission is required.3. You hereby grant VANOC the irrevocable option (Option) to purchase from you any Ad Space(other than Subsequent Ad Space), for use by VANOC for the Games Advertising Period, orany portion there<strong>of</strong>, at rates equal to the average price charged for the same or, in the case <strong>of</strong>new advertising space, similar advertising space during the year 2006, adjusted for inflation to2010, as measured by the Canadian Consumer Price Index. The Option may be exercised bynotice in writing from VANOC to you at any time during the Option Exercise Period.4. You hereby agree that VANOC will have the right <strong>of</strong> first refusal to purchase Subsequent AdSpace, if any, during the period from the expization <strong>of</strong> the Option Exercise Period to the end <strong>of</strong>the Games Advertising Period for use during the Games Advertising Period and you agree notto sell or place any signage, advertising or commercial identification <strong>of</strong> any kind on thePage/i


199File No.:J2V4 3 o ?)„. 2_LDisposition No,: S'.7Subsequent Ad Space during the Games Advertising Period until such time as you have first<strong>of</strong>fered, in writing, such Subsequent Ad Space to VANOC. On receipt <strong>of</strong> the written <strong>of</strong>fer,VANOC will have ten business days to accept such Subsequent Ad Space for use during theGames Advertising Period. In the event VANOC does not accept such Subsequent Ad Spacewithin the time contemplated above, you may sell such Subsequent Ad Space for use during theGames Advertising Period as you determine on terms no more favourable than those <strong>of</strong>fered toVANOC provided always that any such sale is allowed by the permission that we have givenwhich gives rise to the Subsequent Ad Space.5. Other than in respect <strong>of</strong> the Ad Space and Subsequent Ad Space referred to above, you will notinstall or permit to be installed any other signage, advertising or other commercialidentification <strong>of</strong> any kind on the Land during the Games Advertising Period.6. During the Games Advertising Period, you agree that VANOC has the right to remove orconceal any signage, advertising or commercial identification <strong>of</strong> any kind on the Land that is inthe line <strong>of</strong> sight <strong>of</strong> or from or around any venue that is hosting any <strong>of</strong> the events associated withthe Vancouver 2010 Winter Games or any roads used as a primary means <strong>of</strong> accessing any suchvenue so as to ensure clean venues during the Games Advertising Period provided VANOC hasdelivered to you its agreement to restore the same to original condition at its sole expensefollowing the Games Advertising Period. The determination <strong>of</strong> whether such signage orcommercial identification is in the line <strong>of</strong> sight <strong>of</strong> or from or around any such venue will bemade by VANOC, acting reasonably.7. Without limitation to section 5.1(e) you agree that we may grant to VANOC a license to useany portion <strong>of</strong> the Land for the temporary placement <strong>of</strong> signage, advertising or commercialidentification provided:(a)(b)You are given notice in advance <strong>of</strong> such license;The license is for a term that does not extend beyond the Games Advertising Period;and(e) The area over which the license is granted does not include any building or otherstructure used by you on the Land and does not materially interfere with your ability touse the Land for the purpose intended by this Agreement.You acknowledge and agree thRt the Option, the right <strong>of</strong> first refusal and the rights andobligations associated therewith and as otherwise contemplated by this schedule may beenforced against you by VANOC, the, Province (on behalf <strong>of</strong> VANOC) or both and ifnecessary, you agree that VANOC may become a party to this Agreement for the purposes <strong>of</strong>enforcing its rights granted hereunder, You agree that the Province does not have anyobligation to you as a result <strong>of</strong> the exercise <strong>of</strong> the Option, the right <strong>of</strong> first refusal and the rightsPage /I <strong>of</strong>


200...101 ••••••••■■•••■•••••••••■•■1/No....?/0 3 c 2S:7Disposition No.: g6 z4..3and obligations associated therewith and as otherwise contemplated by this schedule and,without limitation, any payment required under the Option or as a result <strong>of</strong> the exercise <strong>of</strong> theright <strong>of</strong> first refusal, shall be solely the obligation <strong>of</strong> VANOC.Pag4;2`6 <strong>of</strong>


201MDISTRICT OFON THE FRASEREngineering and Public WorksMemorandumFile Category: PRO.PRI.BROFile Folder: 33610 Broadway Ave.To: Chief Administrative OfficerFrom: Manager <strong>of</strong> Environmental ServicesDate: June 29, <strong>2009</strong>Subject: Proposed Demolition, Land Clearing Debris and Construction Material RecoveryFacility (MRF)Recommendation1. That staff send a letter to the Fraser Valley Regional <strong>District</strong> confirming Council support for thefacility and that the correct zoning is in place for the portion <strong>of</strong> the MRF that is concerned withwoodwaste.2. That the letter in (1) also confirm that the proposed property is currently zoned correctly for thenon-wood recyclable materials but that some materials will need to be stored in buildings to meetthe zoning requirements for covered space.3. That the letter in (1) also confirm that a new business licence may need to be applied for and theowners are requested to speak with Building Department staff and that any new buildings onindustrially zoned land will require a development permit.BackgroundThe <strong>District</strong> received a letter from the FVRD on April 22, <strong>2009</strong> asking for the <strong>District</strong>'s support for aProposed Demolition, Land Clearing Debris and Construction Material Recovery Facility (MRF) to belocated at the Green River Log Sales site at 33610 Broadway Ave. The proposal includes accepting andsorting non-hazardous construction, demolition and land clearing waste for downstream recyclingpurposes. Processed materials could include wood waste, waste concrete, plastics, ro<strong>of</strong>ing materials,tires and scrap metal but the focus initially will be on processing wood waste materials. Althoughprocessing <strong>of</strong> woodwaste will include sorting, grinding and barging <strong>of</strong>f site as a fuel there is interest inconstructing a bioenergy facility on the site which would transform wood chips into value added products.Under the FVRD's solid waste management plan, any new recycling facilities need to be included withinthe plan. In order to include a facility within the plan, the FVRD is required to solicit the local governmentfor their approval in principle, confirmation <strong>of</strong> zoning and business licence as well as to identify anyconcerns.The property owner currently has a valid business licence to operate a shake and shingle mill. Currentzoning <strong>of</strong> the property is M-2 which requires principle uses to be inside completely enclosed buildingsexcept for parking, loading and unenclosed storage, where accessory to a principal use.Staff supports the application for the wood waste recycling component as it is generally consistent withPage 1 <strong>of</strong> 4


202current zoning and the activities that have been carried out at the site for some time — namely import <strong>of</strong>logs, shake and shingle production, grinding to produce wood chips and export via barges. In addition,informal discussions with the property owner indicate that there is interest in exploring the bio-energymarket which is a market likely to expand greatly in the next several years as cheaper energy sources aresought as well as ones that are less dependent on fossil fuels. Having a close and reliable supply <strong>of</strong> woodfuel products could give <strong>Mission</strong> a significant advantage in terms <strong>of</strong> <strong>of</strong>fsetting greenhouse gas emissionsas climate change initiatives move forward, developing a new market for municipal forest products as wellas the potential for positioning <strong>Mission</strong> as a leader in renewable and sustainable energy.The existence <strong>of</strong> a MRF in <strong>Mission</strong> can help to divert many more materials away from burial at the landfill.For example, a MRF could allow the <strong>District</strong> to mandate increased recycling from the commercial,institutional and industrial sectors including the construction industry. Nevertheless, staff does haveconcerns regarding handling <strong>of</strong> non wood waste materials. Some <strong>of</strong> these materials have the potential toresult in contamination <strong>of</strong> the site and care will be needed to prevent contamination from occurring thatcould affect future development or result in pollution and non-compliance with the EnvironmentalManagement Act. It should be noted that the property owner is well aware <strong>of</strong> the contamination potentialand the resulting adverse impact to property values. Much <strong>of</strong> this contamination can be preventedthrough short term storage <strong>of</strong> materials which is proposed as well as maintaining some materials undercover as per the zoning.Of greater concern is the potential to generate a significant amount <strong>of</strong> waste from accepting recyclablematerials and staff are concerned with this waste being disposed <strong>of</strong> at the <strong>District</strong>'s landfill. Currently,waste derived from outside <strong>of</strong> <strong>Mission</strong> or electoral areas C, F or G is charged a much higher tipping fee asa disincentive in order to preserve landfill airspace. Based on travel distance, it is likely that residualwaste will be taken to the Matsqui Transfer Station from the proposed facility. Nevertheless, theproponent should meet with <strong>District</strong> staff should there be a need to access the <strong>District</strong>'s landfill to ensurethat an agreement to manage waste from within and outside <strong>of</strong> <strong>Mission</strong> can be agreed to.It is recommended that Council support the application for inclusion in the solid waste management planas it is generally consistent with the current zoning and will be entirely consistent provided additionalbuildings are erected for storage <strong>of</strong> certain materials. The support should be conditional upon whether ornot a new business licence is required, submission <strong>of</strong> a development permit application for any newbuildings and developing an acceptable agreement on how to handle residual waste. Also, supportremains conditional upon compliance with all existing statutes and regulations.Mike YounieManager <strong>of</strong> Environmental ServicesFAENGINEER\MYOUNIEMemos\DLC MRF.docPage 2 <strong>of</strong> 4


203FRASER VALLEY REGIONAL DISTRICT45950 Cheam Avenue, Chilliwack, British Columbia V2P 1116Phone: 604-702-5000 Toil Free: 1-800-528-0061 (BC only) Fax: 604-792-9684websne: www.tvrd.bc.ca info@fvrd.bc.caApril 20, <strong>2009</strong> File: 5360-21-028Mike Younie<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Manager <strong>of</strong> Environmental Services8645 Stave Lake Street<strong>Mission</strong>, BC V2V 4L9Dear Mr. YounieRe: Proposed DLC FacilityLouis Clarke, owner <strong>of</strong> 0733403 B.C. LTD (a company owned by The Clarke Group) hassubmitted an application to the Fraser Valley Regional <strong>District</strong> (FVRD) for the approval <strong>of</strong> aproposed Demolition, Land Clearing Debris and Construction (DLC) Material Recovery Facility(MRF) in the FVRD's Solid Waste Management Plan (SWMP).The applicant would like to establish and operate the proposed DLC MRF at the Green River Site,owned by the applicant, and located at 33610 Broadway Avenbe.in :<strong>Mission</strong>, BC,The 7-acre Green River Site formerly housed a shake and shingle operation, and much <strong>of</strong> theinfrastructure still remains in place, including two material storage containers, and a barge loadingfacility with conveyors for transport <strong>of</strong> the ground material on to deck barges.The applicant has indicated that he holds a business licence with the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> under thename Green River Log Sales for the operation <strong>of</strong> a shake and shingle mill, and that the site isappropriately zoned (Light Industrial)for the type <strong>of</strong> activity proposed in the application.The applicant is proposing to receive and sort non-hazardous construction, demolition and landclearing waste for downstream recycling purposes. Incoming wood-waste material would besorted, inspected and ground into hog fuel in an on-site Horizontal Grinder, and transported viadeck barge or truck for use in pulp mills.Materials would be accepted from within the FVRD, and the facility is expected to processapproximately 30,000 tonnes <strong>of</strong> DLC material annually. At this point it is unclear what the volume<strong>of</strong> residuals generated by the operation will be.Attached to this letter is an Operations Plan outlining the details <strong>of</strong> the proposed operation, alongwith a spreadsheet listing the types <strong>of</strong> DLC materials to be accepted., Also attached are temporary


204storage methods, proposed transport modes and downstream processors for each material(where applicable).The FVRD and <strong>District</strong> <strong>of</strong> <strong>Mission</strong> staff recently toured the facility, and while no immediateconcerns were identified, it was noted that the proposed wood grinding area was not paved. Thesite is elevated on a substantial wood-chip foundation. The owner advised that environmentalassessments periodically conducted at the site indicated no contamination.Another area that may need to be addressed is the barge-loading facility at the site.The FVRD is currently waiting for approval-in-principal <strong>of</strong> the host municipality, accompanied by acopy <strong>of</strong> the company's business license and statement indicating that facility meets themunicipalities zoning requirements.In following the procedure as outlined in Section 4.7 <strong>of</strong> the FVRD's SWMP, the FVRD requires aletter from the municipality in which the facility is located, that addresses the following issues:• Confirming your receipt <strong>of</strong> the application• Identifying any immediate concerns with the application• Confirming that the facility meets all zoning bylaws and business license requirements;and• A statement that the municipality endorses (at least in principle), inclusion <strong>of</strong> the facility inthe PLAN.Thank you for your attention to this matter. If you have any further questions, please contactSabina Kasprzak at 604. 602. 5047, or skasprzakfvrd.bc.caSincerely,Sabina KasprzakAttachments:a) 0733403 B.C. LTD. SWMP Applicationb) 0733403 B.C. LTD. Operations Plan for proposed DLC MRFc) List <strong>of</strong> materials to be accepted at proposed DLC MRFd) Kermode Environmental Reporte) Scale House Operation Descriptioncc: Ashley Smith (Ministry <strong>of</strong> Environment)Mike H<strong>of</strong>er (FVRD)Louis Clarke (0733403 B.C. LTD.)


205MDISTRICT OFON THE FRASER ,o0/°1Engineering and Public WorksMemorandumFile Category: FIN.GRA.FEEFile Folder: <strong>Mission</strong> Adopt-A-Block SocietyTo: Chief Administrative OfficerFrom: Manager <strong>of</strong> Environmental ServicesDate: June 15, <strong>2009</strong>Subject: <strong>Mission</strong> Adopt-A-Block ServiceRecommendationThat this report be received as information.BackgroundThis report is being provided to review the <strong>Mission</strong> Adopt-A-Block Society mandate, deliverymodel and relationship with the <strong>District</strong>. Council approved a 3 year Fee for Service grant to<strong>Mission</strong> Adopt-A-Block Society in the amount <strong>of</strong> $24,500 per year starting January 1, 2008.These funds are to be used for a variety <strong>of</strong> activities associated with controlling litter andeducating businesses and residents about proper litter management.Recently, the uptake for the <strong>2009</strong> fall cleanup has been poor relative to other years. <strong>Mission</strong>Adopt-A-Block placed an advertisement in the City Pages requesting non-pr<strong>of</strong>it groups apply. Aselected group can earn up to $250 for participating in a cleanup event- not $100 as describedin the City Page article. The groups are chosen by lottery in the event there are more than 4applications each fall or spring.Mike YounieManager <strong>of</strong> Environmental ServicesFAENGINEERWIYOUNIE\Memos\Adopt-A-Block.doc


MoniDs ISTsRiCo TON THE FRASEREngineering and Public WorksMemorandum206File Category: PRO.PUB.S01File Folder: Caswell PitTo: Chief Administrative OfficerFrom: Manager <strong>of</strong> Environmental ServicesDate: June 22, <strong>2009</strong>Subject: Ministry <strong>of</strong> Energy, Mines and Petroleum Resources Referral — 31322Caswell Ave. Sand and Gravel MineRecommendationThat this report be accepted as information.BackgroundThe <strong>District</strong> received a referral from the Ministry <strong>of</strong> Energy, Mines and Petroleum Resourcesregarding a proposed sand and gravel mine located at 31322 Caswell Ave. The property is the16.5 ha parcel located at the end <strong>of</strong> Caswell Street directly north <strong>of</strong> Allard Contracting Ltd.'saggregate operation and directly east <strong>of</strong> Shaw Pit. The proposal plans to extract and processapproximately 230,000 tonnes (12,000 trucks per year) provided market demand exists. Accessinto and out <strong>of</strong> the site is proposed along Caswell Street which is a steep narrow road that joinsShaw Street just north <strong>of</strong> the <strong>District</strong> owned Shaw Pit.The property was cleared <strong>of</strong> trees in 2008. The headwater <strong>of</strong> Lynch Brook exists along thenorth edge <strong>of</strong> the property and one small unconnected wetland is also present on the property.Slopes are generally gently sloped and undulating and hummocky.An advertisement will be placed in the <strong>Mission</strong> City Record and the BC Gazette allowing thepublic an opportunity to comment. This parcel is currently identified as a yellow zone in the draftFraser Valley Regional <strong>District</strong> Aggregate Pilot Project which suggests that the operation wouldbe permitted subject to conditions placed on it by the local government.<strong>District</strong> staff plan on sending a response that does not object to the proposal provided thefollowing conditions and comments are considered:• Current zoning is rural residential and will need to be changed to an industrial zoning toallow processing on the site other than what is required to transport the material.• The applicant must apply for a soil removal permit provided a Mines Permit is issued.• The <strong>District</strong>'s Noise Bylaw is referenced in the application and must be adhered to.• Shaw Street and Caswell Street are not appropriate for use with large, heavy graveltrucks. A road right <strong>of</strong> way exists along the east side <strong>of</strong> the <strong>District</strong>'s property south <strong>of</strong>Shaw Pit and along the west side <strong>of</strong> Allard Contracting Ltd.'s property which would beaccessible by the applicant. Development <strong>of</strong> this road should be examined, inconjunction with the <strong>District</strong>, for access to Keystone Ave. as it will also assist the <strong>District</strong>Page 1 <strong>of</strong> 4


207to meet its commitment to not use Shaw Street to remove aggregate from Shaw Pit.This will entail discussions with the Forestry Department as these two parcels arecontained within the Municipal Forest.• Measures should be taken to ensure the protection <strong>of</strong> the headwater areas <strong>of</strong> LynchBrook and the wetland should also be protected and its margins revegetated.• The <strong>District</strong> would be interested in entering into a common boundary agreement with theproperty owner for the shared boundary with Shaw Pit.Mike YounieManager <strong>of</strong> Environmental ServicesF:\ENGINEER\MYOUNIE\Memos\Gravel Pits/Caswell Gravel Pit.docxPage 2 <strong>of</strong> 4


MAP 1208103301027010232CASWELL AVE.31524S haw1010031101 314113126831457


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210MiDISTRICT nOFON THE FRASER.....1:rEngineering and Public WorksMemorandumFile Category :File Folder.INF.ROA.MAIPaving ProgramsTo:Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksDate: June 18, <strong>2009</strong>Subject: Pavement Deterioration IssuesRecommendationThat:1. Repairs be made immediately to road sections noted on the attached <strong>2009</strong> list <strong>of</strong> urgentroad repairs at an estimated cost <strong>of</strong> $580,000;2. a. A portion <strong>of</strong> the repairs be funded from the following sources:Account # Budget Source Comment46112 $28,000 Hatzic railway crossing Surplus44000 $29,959 Road weather information station Defer to 201444001 $6,800 Road weather information station Defer to 201442789 $30,000 Westcoast Express sandblast and paint Defer to 201543098 $83,949 7 th /Murray Culvert Lining Defer to 201443099 $83,771 7 th /Horne Culvert Lining Defer to 201446040 $4,145 Utility relocations Delete in <strong>2009</strong>42000 $2,953 Right <strong>of</strong> Way Acquisitions Delete in <strong>2009</strong>42330 $2,271 Road Analysis Delete in <strong>2009</strong>Gravel Pit Reserve $84,175 Shaw Pit Restoration Delete70995 $19,803 Lacrosse Box Rebuild Defer to 201070991 $32,448 Griner Park Parking Lot Paving Defer to 2010SUBTOTAL $408,274b. The remaining $171,726 is funded from the Arterial Road Reserve.c. And financial plan amended accordingly.3. A meeting be arranged with MLA's Randy Hawes and Marc Dalton and with MP RandyKamp as soon as possible to raise awareness <strong>of</strong> this matter and to request theirassistance with respect to advancing the <strong>District</strong>s pavement grant application under theBuilding Canada program;4. Should either the Building Canada grant request not be approved or indication <strong>of</strong>imminent approval has not been received by <strong>July</strong> 6 th , <strong>2009</strong> the <strong>District</strong>'s original <strong>2009</strong>pavement program be completed as budgeted and;5. Staff prepare a strategy for long term pavement rehabilitation including an analysis <strong>of</strong>what additional funding will be required on an annual basis and options for funding theexpanded program;PAGE 1 OF 6


MemorandumTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksSubject: Pavement Deterioration IssuesDate: June 18, <strong>2009</strong>211Background .Current SituationWith the' announcement <strong>of</strong> an increased allowance for infrastructure grants from othergovernments, staff received approval from Council to make application for $1,800,000 in fundingfor both <strong>2009</strong> and 2010 with the intention <strong>of</strong> matching a one third with our existing pavementrepair and resurface budgets. Although receipt <strong>of</strong> these grants would provide an incredibleboost to our roads, there are challenges arising with that process as well:• Staff would normally be completing asphalt repairs in preparation for overlays but cannotuse this budget as it must be held as our share <strong>of</strong> the grant money.• With an expectation <strong>of</strong> not receiving an answer on the grants until the end <strong>of</strong> June, wewill be entering a tendering process when paving will be at its highest pricing for theyear.As staff continues to analyze roadway conditions, several new critical issues have arisen in thepast few weeks. Initial estimates for repair <strong>of</strong> these roads totaled $886,000. In further review,staff believes that some interim measures can be taken to delay full repairs in some instancesand have since reduced the estimate for urgent repairs to $580,000. The tables attachedindicate the repair locations for the urgent <strong>2009</strong> repairs and the repairs that can be deferred to2010. The 2010 repairs total $306,000 and a funding source will have to be identified for thiswork separately. This is barring any further requirements for additional road failures.These remaining urgencies have the potential to create situations to the extent that we haveseen previously on Silverdale Avenue with closures required. In addition, if the shortages inpavement rehabilitation funding are not <strong>of</strong>fset by the $1.8 million pavement grant program thisyear, the likelihood <strong>of</strong> the failures we've seen recently compounding and continuing to occur willincrease.Because the urgent repairs cannot be funded from the current budget for pavement resurfacingfor the reasons noted above, staff has located several areas from the <strong>2009</strong> capital budget wherefunds could be reallocated to assist in funding these repairs as follows:Account # Budget Source Comment46112 $28,000 Hatzic railway crossing Surplus44000 $29,959 Road weather information station Defer to 201444001 $6,800 Road weather information station Defer to 201442789 $30,000 Westcoast Express sandblast and paint Defer to 201543098 $83,949 7th/Murray Culvert Lining Defer to 201443099 $83,771 7th/Horne Culvert Lining Defer to 201446040 $4,145 Utility relocations Delete in <strong>2009</strong>42000 $2,953 Right <strong>of</strong> Way Acquisitions Delete in <strong>2009</strong>42330 $2,271 Road Analysis Delete in <strong>2009</strong>Gravel Pit Reserve $84,175 Shaw Pit Restoration Delete70995 $19,803 Lacrosse Box Rebuild Defer to 201070991 $32,448 Griner Park Parking Lot Paving Defer to 2010SUBTOTAL $408,274PAGE 2 OF 6


MemorandumTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksSubject: Pavement Deterioration IssuesDate: June 18, <strong>2009</strong>212The consequence <strong>of</strong> deferral <strong>of</strong> the above noted projects is as follows:Road weather information stations:Snow and ice removal operations will continue at status quo. Our hope was to have thesestations to aid us in being more proactive in snow-fighting and to reduce the environmentalimpact <strong>of</strong> any excessive salt and brine use. Deferring installation <strong>of</strong> these stations will not effectthe current status or system <strong>of</strong> snow removal.Culvert relining at 7th Ave and Horne and Murray:A recent culvert inspection confirms that the lining can be delayed (Matt to confirm). With adelay in relining the culverts under 7 th Avenue, roads and drainage staff will use the time toreview alternatives to improve the structural integrity <strong>of</strong> the culverts and minimize cost. In 2012,the culverts will be TV inspected again to provide an updated evaluation at a cost <strong>of</strong>+$12,000($6000 each).West Coast Express sandblast and paint:Following inspections <strong>of</strong> the Westcoast Express overpass, staff has determined that + $8000work could be done this year to further prolong the requirement to complete the more expensiveand extensive sandblasting and painting <strong>of</strong> the overpass.Shaw Pit Restoration:The Gravel Pit Reserve has a current balance <strong>of</strong> $ 84,175, and is held for the purpose <strong>of</strong>remediating Shaw Pit. With the proposal to sell the gravel from Shaw Pit, the successfulcontractor will be required to restore the pit after the gravel is extracted. There is a slight risk tothe <strong>District</strong> that if the RFP process is not successful we may need to fund this from capital in thefuture. This is considered a very low risk and would not be required until after 2020 with thegravel being extracted over 10 years.Lacrosse Box RebuildStaff have applied for a provincial grant and it is unlikely that this project will be completed thisyear.Griner Park — Parking Lot Paving deferred to next year.Long Term Strategy<strong>Mission</strong>s' roadway system has reached a critical point in its life cycle. Without the injection <strong>of</strong> asubstantial stimulus, we could easily reach. a situation <strong>of</strong> disrepair that would be extremelycostly to correct. Staff continues to monitor the situation and review all available data to find thesolution to this problem but realizes the necessity to keep Council aware and informed thatadditional funding must be provided to protect the incredibly valuable asset that our roadwaysystem is.PAGE 3 OF 6


MemorandumTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksSubject: Pavement Deterioration Issues -Date: June 18, <strong>2009</strong>213Throughout the beginning <strong>of</strong> <strong>2009</strong>, it became apparent that Public Works was beginning to loseground on the maintenance <strong>of</strong> our roadway system. Although staff has overseen and performedapproximately $3,000,000 in repairs in the last 2 years and managed to save a few roads, theentire system continues to decline at a rate that our current budgets simply cannot correct.In response to these arising concerns, staff enlisted the aide <strong>of</strong> EBA Engineering to verify thatwe were correctly assessing our situation. EBA completed the review and provided an in-depthsummary presentation to Council on April 6, <strong>2009</strong> and concluded that our situation was morecritical than our observations and that our paving program needs an additional $2,000,000 peryear in order to maintain the pavement structure to a reasonable condition. They also providedan option to phase in the budget increase over three years and concluded the budget in thethird year and beyond must be $2,600,000 due to the fact that all road repairs would be delayedwhich in turn reduces the pavement condition and increases the cost <strong>of</strong> repairs. This is 30 %more than if it was implemented all at once.Staff has reviewed these results in comparison to our own pavement management system inthe hopes <strong>of</strong> finding a balanced budgetary requirement, believing that we can reduce thesuggested additional $2,000,000 requirement and the obvious impact that would have on<strong>Mission</strong> taxpayers.By manually adjusting the paving and repairing program we are able to more specifically targetprojects with appropriate treatments, i.e. rather than pave and repair the full road width andlength staff will target only those sections needing repairs. Staff believe that we could achieveour goals with an additional $1,400,000/yr in our asphalt repair and resurfacing budgets vs the$2,000,000 identified by EBA.If this is phased over four years the increase will need to be $1,820,000 in the fourth year andbeyond. This is based on the same increase <strong>of</strong> 30 % recommended by EBA noted above. Thisassumes a cumulative budget increase <strong>of</strong> $450,000 per year for 2010, 2011 and 2012 and$470,000 in 2013 for a total increase <strong>of</strong> $ 1.82 Million/yr.Sources <strong>of</strong> funding will have to be identified to cover this additional expense. Possible sources<strong>of</strong> funding include a combination <strong>of</strong> property tax increases, fuel tax revenue, Shaw Pit revenue,and an increase in the soil removal fee.Staff will prepare a detailed funding strategy for Council's review later this year for both the 2010urgent repairs and the long term pavement management program. In staff's view it is essentialto start addressing this issue with the 2010 budget.Rick Bomh<strong>of</strong>Ken Bjorgaard, I have reviewed the financial aspects <strong>of</strong> this report.FAENGINEER\RBOMHORCouncil Reportpavement condition 09 R1 4.doc.docxPAGE 4 OF 6


MemorandumTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksSubject: Pavement Deterioration IssuesDate: June 18, <strong>2009</strong>214<strong>2009</strong> Urgent Road RepairsStreet Location Recommended Action Cost Alternate ActionDewdney TrunkAt switch backs,east <strong>of</strong> Stave Damexcavate, geogrid wraplifts, repave$276,000 Allow road to slideout, partial roadclosure, single lanealternatingAt 12195, north <strong>of</strong>Cardinalexcavate, geogrid wrap,lifts, repave$48,000 Allow road to slideout, partial roadclosure, single lanealternatingEdwards StreetMain hill, north <strong>of</strong>McEwen Avenueexcavate, geogrid wraplifts, repave$100,500 Allow road to slideout, partial to full roadclosureEast side, l st areaexcavate, geogrid wraplifts, repave$35,000 Allow road to slideout, full road closureEast side, 2 nd areaexcavate, geogrid wraplifts, repave$22,500 Allow road to slideout, full road closureStave Lake StreetNorthAt 10423Northwest <strong>of</strong>10060excavate, geogrid wraplifts, repaveexcavate, geogrid wraplifts, repaveTOTAL $580,000$54,500 Allow road to slideout, partial to full roadclosure$33,500 Allow road to slideout, partial to full roadclosurePAGE 5 OF 6


MemorandumTo: Chief Administrative OfficerFrom: Director <strong>of</strong> Engineering and Public WorksSubject: Pavement Deterioration IssuesDate: June 18, <strong>2009</strong>2152010 Urgent RepairsStreet Location Recommended Action Cost Alternate ActionWilson StreetManzer StreetWren StreetClay StreetNorth <strong>of</strong> RuskinDamAt 11616, south <strong>of</strong>DTRAt 9537 nearSilverhillBetween Teal andSilver CreekbridgeBetween Keystoneand Townshiplineexcavate, geogrid wraplifts, repaveexcavate, geogrid wraplifts, repaveexcavate, geogrid wraplifts, repaveexcavate, geogrid wraplifts, repaveexcavate, geogrid wraplifts, repaveTyler Street South <strong>of</strong> Clay excavate, geogrid wraplifts, repaveTOTAL $306,000$68,000 Crack seal andmonitor. Repair 2010.$38,000 Crack seal andmonitor. Repair 2010.$30,000 Crack seal andmonitor. Repair 2010.$88,000 Crack seal andmonitor. Repair 2010.$50,000 Crack seal andmonitor. Repair 2010.$32,000 Crack seal andmonitor. Repair 2010.PAGE 6 OF 6


216Minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford Transit Committee meeting held April, 23, <strong>2009</strong>, at10:00 a.m. in Room 530 <strong>of</strong> Abbotsford City HallMembers Present: Mayor Atebe (Chair-<strong>Mission</strong>); Councillor Harris (Vice Chair-Abbotsford); Councillor Loewen (Abbotsford); Councillor Gill (Abbotsford); and CouncillorPiecas (<strong>Mission</strong>)Staff Present: Director <strong>of</strong> Engineering — J. Gordon (Abbotsford); Manager, EngineeringServices — E. Riou (Abbotsford); Director <strong>of</strong> Engineering and Public Works - R. Bomh<strong>of</strong>(<strong>Mission</strong>); Engineering Technologist-Traffic M. Ghafoor (<strong>Mission</strong>); BC Transit -J. VanSchaik; FirstBus Transit - C. Brown; Abbotsford Chamber <strong>of</strong> Commerce -D. MacDonald: UFV C. Toews; and Recording Secretary — S. Sharma (Abbotsford)1. CALL TO ORDERThe meeting was called to order at 10:05 a.m.Late agenda items:3.1 Surjit Sandhu — Requesting Bus Pass for Subhdev Uppal5.4 Revenue and Ridership Report6.3 BC Transit Conference <strong>2009</strong>7.7 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from Rachel regardingHandy Dart7.8 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from R. Dirks regardingHandy Dart7.9 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from Janna K. regardingHandy Dart7.10 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from B. Rushiaskiregarding Handy Dart2. ADOPTION OF MINUTES1 Minutes <strong>of</strong> the MATC March 26, <strong>2009</strong> MeetingMoved by Councillor Pieces, seconded by CouncillorLoewen, that the minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford TransitCommittee meeting, held March 26, <strong>2009</strong>, be adopted.MATC 42-<strong>2009</strong>CARRIED.3. DELEGATIONS.1 Subhdev Lima{ — Requestina a Bus PassS. Uppai requested no-charge travel on the bus system. C. Brown will provide a letter toMr. Uppal stating that he may ride the bus, while he applies for the Government BusPass Program.


217Minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford Transit Committee meeting held April 23, <strong>2009</strong>, at10:00 am. in Room 530 <strong>of</strong> Abbotsford City Hall Page 24. BUSINESS OUT OF MINUTES.1 <strong>Mission</strong> Abbotsford Transit Committee follow-up sheetMoved by Councillor Harris, seconded by CouncillorLoewen, that the <strong>Mission</strong> Abbotsford Transit Committeefollow-up sheet, be received.MATC 43-<strong>2009</strong> CARRIED.REPORTS.1 Transit Service to the Abbotsford Entertainment Sports Center (ESC)J. Gordon suggested that staff draft a transit service plan for the ESC for the Maymeeting.Moved by Councillor Loewen, seconded by CouncillorHarris, that the report regarding transit service to •theAbbotsford ESC, be received.MATC 44-<strong>2009</strong> CARRIED..2 10 by 10 ChallengeMoved by Councillor Harris, seconded by CouncillorPieces, that (a) the report regarding the 10 by 10challenge, be received; and (b) that staff work with theMeasure-up Group to incorporate their training with thetraining FirstBus Transit currently <strong>of</strong>fers,MATC 45-<strong>2009</strong> CARRIED..3 Five Year Transit Business PlanM. Ghafoor presented a report to MATC and a draft letter to BC Transit regardingthe Five Year Transit Business Plan. Mayor Atebe expressed concern regardingthe delay in the planning process by BC Transit.Moved by Councillor Harris, seconded by CouncillorLoewen, that (a) the report regarding the Five YearBusiness Plan, be received; and (b) that the letter, asamended, be sent to the BC Transit Board <strong>of</strong> Directors witha copy to Graeme Masterton, Director <strong>of</strong> Planning, BCTransit.MATC 46-<strong>2009</strong> CARRIED.


218Minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford Transit Committee meeting held April 23, <strong>2009</strong>, at10:00 am. in Room 530 <strong>of</strong> Abbotsford City Hall Page 3.4 Revenue and Ridership ReportJ. Vanschaik presented the ValleyMAX Transit Revenue and Ridership Reportfor the Fourth Quarter <strong>of</strong> 2008.Moved by Councillor Gill, seconded by Councillor Pieces,that (a) the Revenue and Ridership Report, be received;and (b) that FirstBus prepare a presentation for Abbotsfordand <strong>Mission</strong> Council regarding ridership.MATC 47-<strong>2009</strong>CARRIED.6. NEW BUSINESS.1 Reorganization <strong>of</strong> FirstGroup's Canadian EntitiesMoved by Councillor Loewen, seconded by Councillor Gill,that the information regarding the Reorganization <strong>of</strong>FirstGroup's Canadian Entities, be received.MATC 48-<strong>2009</strong> CARRIED..2 <strong>2009</strong> Service ExpansionMoved by Councillor Harris, seconded by CouncillorPieces, that staff develop options and provide direction forthe <strong>2009</strong> Service Expansion.MATC 49-<strong>2009</strong> CARRIED..3 BC Transit Conference <strong>2009</strong>J. Vanschaik advised the Committee that the BC Transit Conference <strong>2009</strong> will be heldMay 6 to 8 in Comox.7. CORRESPONDENCE1 Correspondence dated April 8, <strong>2009</strong> to Mayor Peary, from P. Bain regardingphysical assault at the Bourquin Crescent bus exchange.2 Correspondence dated April 5, <strong>2009</strong> to Mayor Peary, from P. Yakashiroregarding physical assault at the Bourquin Crescent bus exchange.3 Correspondence dated March 28, <strong>2009</strong> to Mayor Peary, from P. Guest regardingTransit Buses.4 Correspondence dated March 25, <strong>2009</strong> from S. Uppal regarding an annual buspass.5 Correspondence dated March 31, <strong>2009</strong> to Cameron, from E. Riou regardingHandy Dart service


219Minutes <strong>of</strong> the <strong>Mission</strong> Abbotsford Transit Committee meeting held April 23, <strong>2009</strong>, at10:00 a.m. in Room 530 <strong>of</strong> Abbotsford City Rail Page 4.6 Correspondence dated April 19, <strong>2009</strong> to Elvis Riau, from D. van der Koonregarding Transit Service on weekends and holidays, and reply from E. Rioudated April 20, <strong>2009</strong>..7 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from Rachel regardingHandy Dart.8 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from R. Dirks regardingHandy Dart.9 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from Janna K. regardingHandy Dart.10 Correspondence dated March 11, <strong>2009</strong> to Mayor Peary, from B. Rushiaskiregarding Handy DartMoved by Councillor Loewen, seconded by CouncillorPiecas, that correspondence items 7.1 to 7.10, bereceived.MATC 50-<strong>2009</strong>CARRIED.8. MOTION TO CLOSEMoved by Councillor Loewen, seconded by CouncillorHarris, that the April 23, <strong>2009</strong>, MATC meeting, beadjourned (11:50 a.m.).MATC 51-<strong>2009</strong> CARRIED.The next MATC meeting will be held Thursday, May 28, <strong>2009</strong>.Certified Correct:Mayor Atebe, iVIATC Chair - S. Sharma, Recorder


220Minutes, <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission meeting heldMay 14, <strong>2009</strong>, at 9:07 am. in Room 530 <strong>of</strong> Abbotsford City HallWSC Members Present: Mayor Peary (Chair) (Abbotsford) (part); Mayor Atebe(<strong>Mission</strong>); Councillor Gibson (Abbotsford); Councillor Gidda (<strong>Mission</strong>); Councillor Gill(Abbotsford); and Councillor Pieces (<strong>Mission</strong>)UMC Members Present: General Manager Engineering, Regional Utilities — J. Gordon(Abbotsford); Acting Director, Corporate Services — J. Lewis (Abbotsford); Manager <strong>of</strong>Capital Utilities, Financial Planning & Investments — K. Boland (<strong>Mission</strong>); and DeputyDirector <strong>of</strong> Engineering — D. Riecken (<strong>Mission</strong>)Other Staff Present: Manager <strong>of</strong> Utility Operations — L. Stein (Abbotsford);Wastewater & Asset Engineering Manager — R. Isaac (Abbotsford); Water & Solid WasteEngineering Manager — T. Kyle (Abbotsford); Utility Construction and Source ControlEngineering Manager - M. Mayfield (Abbotsford); Asset Manager — T. Henry(Abbotsford); Wastewater Planning/Process Engineer - S. Chiu (Abbotsford); andRecording Secretary — R. Brar (Abbotsford)1. CALL TO ORDERThe meeting was called to order at 9:07 a.m.2. ADOPTION OF MINUTES.1 Minutes <strong>of</strong> the April 9, <strong>2009</strong> Meeting3. DELEGATIONSMoved by Councillor Gill, seconded by Councillor Gidda,that the minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & SewerCommission meeting held April 9, <strong>2009</strong>, be adopted.WSC 54-<strong>2009</strong> CARRIED..1 Presentation by David Main, AECOM, on the PSAB/Asset Management Study forthe JAMES PlantThe Wastewater & Asset Engineering Manager introduced David Main from AECOM,who presented the WSC members with a powerpoint presentation on the PSAB/AssetManagement Study for the JAMES Plant.Moved by Councillor Gibson, seconded by Mayor Atebe,that the delegation <strong>of</strong> by David Main, AECOM, on thePSAB/Asset Management Study for the JAMES Plant, bereceived.WSC 55-<strong>2009</strong>CARRIED.


221Minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission meeting heldMay 14, <strong>2009</strong>, at 9:07 am. in Room 530 <strong>of</strong> Abbotsford City Hall Page 24. BUSINESS OUT OF MINUTES.1 Monthly Follow-up ReportMoved by Councillor Gibson, seconded by CouncillorGidda, that the monthly follow-up report be received.WSC 56-<strong>2009</strong> CARRIED..2 JAMES Plant Monthly Report April <strong>2009</strong> (5700-02)Moved by Councillor Gibson, seconded by Mayor Atebe,that Report No. UMC 30-<strong>2009</strong>, dated April 30, <strong>2009</strong>, fromthe Manager <strong>of</strong> Utility Operations, regarding JAMES PlantMonthly Report — April <strong>2009</strong>, be received.WSC 57-<strong>2009</strong> CARRIED..3 Monthly Water Report — April <strong>2009</strong> (5720-02)Moved by Councillor Gill, seconded by Councillor Plecas,that Report No. UMC 36-<strong>2009</strong>, dated May 6, <strong>2009</strong>, fromthe Manager <strong>of</strong> Utility Operations, regarding the MonthlyWater Report — April <strong>2009</strong>, be received.WSC 58-<strong>2009</strong> CARRIED..4 Financial Statements — March <strong>2009</strong> (5700-01)Moved by Mayor Atebe, seconded by Councillor Gibson,that Report No. UMC 29-<strong>2009</strong>, dated April 30, <strong>2009</strong>, fromthe Acting Director, Corporate Service (Abbotsford),regarding Financial Statements — March <strong>2009</strong>, bereceived.WSC 59-2008CARRIED.5. REPORTS.1 Joint Water Capital Cost Sharing Formula (5710-50)The Wastewater & Asset Engineering Manager introduced Stella Chiu, WastewaterPlanning/Process Engineer, who presented the WSC members with a powerpointpresentation on the Joint Water Capital Cost Sharing Formula.


222Minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission meeting heldMay 14, <strong>2009</strong>, at 9:07 am. in Room 530 <strong>of</strong> Abbotsford City Hall Page 3Moved by Mayor Atebe, seconded by Councillor Gibson,that Report No. UMC 32-<strong>2009</strong>, dated April 30, <strong>2009</strong>, fromthe Wastewater Planning/Process Engineer, regarding theJoint Water Capital Cost Sharing Formula, be received;(1)the proposed cost sharing strategy for Joint WaterCapital projects be approved in principle by the WSC; and(2) the WSC recommend the proposed cost sharingstrategy be forwarded to Abbotsford and <strong>Mission</strong> Councilsfor approval and that the Joint Water Supply andDistribution and Sewage Treatment Systems"Ownership & Governance Agreement" and the "Operationand Maintenance Agreement" be amended accordingly.WSC 60-<strong>2009</strong> CARRIED.Mayor Peary was excused from the meeting at 10:36 a.m., during the discussion <strong>of</strong> thefollowing item and Councillor Gibson assumed the Chair. Mayor Peary rejoined themeeting at 10:40 a.m..2 Proposed New Sewer Use Bylaws for Abbotsford and <strong>Mission</strong> (3900-02)Moved by Mayor Atebe, seconded by Councillor Gibson,that Report No. UMC 34-<strong>2009</strong>, dated May 1, <strong>2009</strong>, fromthe Utility Construction & Source Control EngineeringManager, regarding the proposed New Sewer Use Bylawsfor the City <strong>of</strong> Abbotsford and <strong>District</strong> <strong>of</strong> <strong>Mission</strong>, bereceived; and the WSC recommend that the City <strong>of</strong>Abbotsford and <strong>District</strong> <strong>of</strong> <strong>Mission</strong> Councils adopt the newSewer Use Bylaws.WSC 61-<strong>2009</strong> CARRIED..3 SCADA Upgrades for <strong>Mission</strong> Sewer Flows (5750-01)Moved by Councillor Gidda, seconded by CouncillorGibson, that Report No. UMC 35-<strong>2009</strong>, dated May 6, <strong>2009</strong>,from the Director <strong>of</strong> Engineering & Public Works (<strong>Mission</strong>),regarding SCADA upgrades for <strong>Mission</strong> Sewer Flows, bereceived; and the SCADA communication upgrades atJAMES and two <strong>Mission</strong> sewer locations be funded fromthe joint sewer capital contingency fund.WSC 62-<strong>2009</strong> CARRIED.


223Minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission meeting heldMay 14, <strong>2009</strong>, at 9:07 a.m. in Room 530 <strong>of</strong> Abbotsford City Hall Page 4.4 Design <strong>of</strong> Disinfection System for Townline, Marshall & East AbbotsfordWells (5710-50)Moved by Mayor Atebe, seconded by Councillor Plecas,that Report No. UMC 37-<strong>2009</strong>, dated May 6, <strong>2009</strong>, fromthe Project Engineer, regarding the Design <strong>of</strong> DisinfectionSystems for Townline, Marshall & East Abbotsford Wells,be received; (1) the Design <strong>of</strong> Disinfection System forTownline, Marshall & East Abbotsford Wells be awarded toDayton & Knight Ltd. for $399,945 (GST excluded); and(2) the Mayor and Corporate Officer be authorized toexecute all documents related to this matter.WSC 63-<strong>2009</strong>CARRIED..5 Alternate Water Source Scenarios for the Water Master Plan (5710-40)Moved by Councillor Gibson, seconded by CouncillorPlecas, that Report No. UMC 38-<strong>2009</strong>, datedMay 11, <strong>2009</strong>, from the Water & Solid Waste EngineeringManager, regarding Alternate Water Source Scenarios forthe Water Master Plan, be received; and (1) the RockyPoint 3, Stave 6 and Norrish 2 new water source optionsbe explored further; and (2) the WSC recommend theAlternate Water Source Scenarios for the Rocky Point 3,Stave 6 and Norrish 2, be forwarded to Abbotsford and<strong>Mission</strong> Councils for approval.Mayor Peary was excused from the meeting at 11:20 a.m., and the Mayor Atebeassumed the Chair.The motion was then put, andWSC 64-<strong>2009</strong>CARRIED..6 NEW BUSINESSNone.


224Minutes <strong>of</strong> the Abbotsford/<strong>Mission</strong> Water & Sewer Commission meeting heldMay 14, <strong>2009</strong>, at 9:07 a.m. in Room 530 <strong>of</strong> Abbotsford City Hall Page 57. MOTION TO CLOSEMoved by Councillor Gibson, seconded by Councillor Gill,that the May 14, <strong>2009</strong>, WSC meeting, be adjourned(11:20 a.m.).WSC 65-<strong>2009</strong>CARRIED.Certified Correct:WSC cAdiAum C r


225Minutes <strong>of</strong> the SPECIAL MEETING <strong>of</strong> the DISTRICT OF MISSION COUNCIL held inthe Conference Room <strong>of</strong> the Municipal Hall, 8645 Stave Lake Street, <strong>Mission</strong>, BritishColumbia, on March 16, <strong>2009</strong> commencing at 3:30 p.m.Council Members Present: Mayor James AtebeCouncillor Terry GiddaCouncillor Paul HornCouncillor Danny PlecasCouncillor Mike ScudderCouncillor Jenny StevensCouncillor Heather StewartStaff Members Present:Glen Robertson, chief administrative <strong>of</strong>ficerDennis Clark, director <strong>of</strong> corporate administrationRick Bomh<strong>of</strong>, director <strong>of</strong> engineering and public worksSharon Fletcher, director <strong>of</strong> planningKelly Ridley, deputy director <strong>of</strong> corporate administration1. FRASER VALLEY TRANSIT STRATEGYThe Mayor welcomed representatives from the Ministry <strong>of</strong> Transportation and theFraser Valley Regional <strong>District</strong> and stated that the purpose <strong>of</strong> today's meeting was todiscuss transit plans for the Fraser Valley.The following summarized comments were provided:(a) The approach used to develop the Fraser Valley Transit Strategy will include theuse <strong>of</strong> best practices, understanding issues and markets, discussing fundingand organizational challenges early in the process, developing regional andlocal visions concurrently, committing to a high level <strong>of</strong> community engagement,and management <strong>of</strong> resources;(b) Stakeholders will be consulted through the use <strong>of</strong> meetings, workshops, openhouses, direct contact & information exchange, surveys and questionnaires,website, and reports;(c) The phasing strategy (2013) will include confirming cost estimates, prioritizingservices, facilities and support strategies;(d) The long term plan (2020 & 2030) will summarize market research results andforecast travel demands, identify magnitude <strong>of</strong> potential transit markets, andreview and assess transit targets for regional travel.Council thanked the Ministry <strong>of</strong> Transportation and Highways for the information andprovided the following comments and questions:(i)Municipalities should be involved at the earliest possible date in developing along term strategy, followed by consultation with the Council <strong>of</strong> Councils toensure that the process is partner driven;(ii) When identifying the scope <strong>of</strong> the project, ensure that it is a realistic one that allpartners can achieve;


Special Council MeetingMarch 16, <strong>2009</strong> Page 2 <strong>of</strong> 2226(iii) Appointments to various committees should include representation frommunicipal councils, health and education agencies, and members <strong>of</strong> the public;(iv) The Fraser River should be included when assessing transportation options;(v) Due to economic realities we may have to develop more inter-regionalconnections to resolve transportation issues in the Fraser Valley (i.e. WestCoast Express);(vi) Is BC Transit cancelling its 5 year plan, and if so, this topic needs to bediscussed at an open meeting.The Ministry <strong>of</strong> Transportation and Highways thanked council for their input andstated that any further comments from council about the future <strong>of</strong> transit in the FraserValley will be appreciated and valued.2. ADJOURNMENTMoved by Councillor Horn, seconded by Councillor Plecas, andRESOLVED: That the meeting be adjourned.The meeting adjourned at 4:40 p.m.MAYOR DIRECTOR OF CORPORATE ADMINISTRATION


227Minutes <strong>of</strong> the SPECIAL MEETING <strong>of</strong> the DISTRICT OF MISSION COUNCIL held inthe Conference Room <strong>of</strong> the Municipal Hall, 8645 Stave Lake Street, <strong>Mission</strong>, BritishColumbia, on March 17, <strong>2009</strong> commencing at 3:30 p.m.Council Members Present:Council Members Absent:Staff Members Present:Mayor James AtebeCouncillor Terry GiddaCouncillor Danny PlecasCouncillor Mike ScudderCouncillor Heather StewartCouncillor Paul HornCouncillor Jenny StevensGlen Robertson, chief administrative <strong>of</strong>ficerDennis Clark, director <strong>of</strong> corporate administrationKen Bjorgaard, director <strong>of</strong> financeSharon Fletcher, director <strong>of</strong> planningRay Herman, director <strong>of</strong> parks, recreation, and cultureWendy McCormick, deputy director <strong>of</strong> parks, recreation,and cultureKelly Ridley, deputy director <strong>of</strong> corporate administration1. PARKS, TRAILS, & BICYCLE MASTER PLANThe Mayor welcomed Mr. Eric Lees and Ms. Catriona Hearn from LEES &Associates, and stated that the purpose <strong>of</strong> today's meeting was to review the finaldraft <strong>of</strong> the Parks, Trails, & Bicycle Master Plan.Mr. Lees reviewed the process used to finalize the master plan, noting that the last <strong>of</strong>a series <strong>of</strong> meetings with council to review the plan was held on December 3, 2008.He stated that the comments provided by council at the December meeting were, forthe most part, incorporated into the report.Council discussed the plan and provided the following comments:(a) In order to create small 'pocket' parks in the area south <strong>of</strong> 7 th Avenue, a strategyto determine the location <strong>of</strong> these parks needs to be identified and a strategy toacquire land for this purpose must be undertaken;(b) More information about field use needs to be compiled to determine thecommunity's need for track & field, cricket, and tennis;(c) Shelters and tables for groups to meet, play cards, or picnic, would be a valuedasset for <strong>Mission</strong> parks;(d) These shelters and tables should also be located along trails, especially wheretwo or more trails meet;(e) An <strong>of</strong>f leash dog park in the Fraser River Heritage Park is a priority; and(f)Bicycle and trail plans should be added as an appendix to the report.


Special Council MeetingMarch 17, <strong>2009</strong> Page 2 <strong>of</strong> 2228Council thanked Mr. Lees and Ms. Hearn, and it was agreed that once the finalversion <strong>of</strong> the plan is complete it will be placed on a regular council meeting agendafor formal endorsement by council.2. ADJOURNMENTMoved by Councillor Gidda, seconded by Councillor Plecas, andRESOLVED: That the meeting be adjourned.The meeting adjourned at 4:50 p.m.MAYOR DIRECTOR OF CORPORATE ADMINISTRATION


229MINUTES <strong>of</strong> the SPECIAL MEETING <strong>of</strong> the COUNCIL <strong>of</strong> the DISTRICT OFMISSION held in the Conference Room <strong>of</strong> the Municipal Hall, 8645 Stave. LakeStreet, <strong>Mission</strong>, British Columbia, on June 15, <strong>2009</strong> commencing at 5:10 p.m.Council Members Present: Mayor James AtebeCouncillor Terry GiddaCouncillor Paul HornCouncillor Danny PlecasCouncillor Mike ScudderCouncillor Jenny StevensCouncillor Heather StewartStaff Members Present:Glen Robertson, chief administrative <strong>of</strong>ficerDennis Clark, director <strong>of</strong> corporate administrationKen Bjorgaard, director <strong>of</strong> financeKern Onken, deputy treasurer/collectorKelly Ridley, deputy director <strong>of</strong> corporate administrationCarmelle Jullion, executive assistant1. TOPICS FOR DISCUSSIONSC09/091JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Audit Results and CommunicationsMayor Atebe welcomed Mr. Bill Cox from BDO Dunwoody Chartered Accountants,and stated that the purpose <strong>of</strong> today's meeting was to review the audit commentsprepared by BDO Dunwoody for the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>'s fiscal year ended December31, 2008.Mr. Cox reported the following:■■■■■■■There were no fraudulent or illegal activities, or material misstatementsdetected as a result <strong>of</strong> the audit;The financial results and position reported by the <strong>District</strong> for 2008 is inaccordance with generally accepted Canadian accounting principles.There were no significant disagreements with management;There were no uncorrected misstatements during the 2008 audit;After consideration <strong>of</strong> both quantitative and qualitative factors with respect tomisstatements, the financial statements are fairly stated;A prior year recommendation regarding the security <strong>of</strong> cash receipts has beenaddressed;Current year management letter observations include:i) a recommendation to deactivate terminated staff user accounts in a timelymanner;ii) implementation <strong>of</strong> a formal policy to ensure that the IT department reviewsuser privileges for systems and MATS every six months;iii) the establishment <strong>of</strong> individual usernames and passwords for each staffmember that will be doing cash disbursements;iv) a recommendation that the <strong>District</strong> invoice suppliers for GST not collected


230Special Council Meeting Page 2 <strong>of</strong> 2June 2, <strong>2009</strong>between 2004 to 2008;v) the implementation <strong>of</strong> a change in procedure whereby changes to utilityrates and usage are performed by different accounting staff to ensure thatthere is appropriate segregation <strong>of</strong> duties;vi) a recommendation that the <strong>District</strong> start identifying improvements to itscarbon inventory to ensure optimum rebates from the Climate ActionRevenue Incentive Program.Council thanked Mr. Cox for his review <strong>of</strong> the audit and commended the director <strong>of</strong>finance and his staff for a job very well done.2. ADJOURNMENTMoved by Councillor Stevens, seconded by Councillor Horn, andRESOLVED: That the meeting be adjourned.CARRIEDThe meeting was adjourned at 6:05 p.m.JAMES ATEBE, MAYOR DENNIS CLARK, DIRECTOR OFCORPORATE ADMINISTRATION


231MINUTES <strong>of</strong> the REGULAR MEETING <strong>of</strong> the COUNCIL <strong>of</strong> the DISTRICT OFMISSION held in the Council Chambers <strong>of</strong> the Municipal Hall, 8645 Stave LakeStreet, <strong>Mission</strong>, British Columbia, on June 15, <strong>2009</strong>, <strong>2009</strong> commencing at 6:30 p.m.Council Members Present: Mayor James AtebeCouncillor Terry GiddaCouncillor Paul HornCouncillor PlecasCouncillor ScudderCouncillor Jenny StevensCouncillor Heather StewartStaff Members Present: Glen Robertson, chief administrative <strong>of</strong>ficerDennis Clark, director <strong>of</strong> corporate administrationKelly Ridley, deputy director <strong>of</strong> corporate administrationJennifer Russell, administrative clerk1. RESOLUTION TO RESOLVE INTO COMMITTEE OF THE WHOLERC09/361JUNE 15/09Moved by Councillor Stewart, seconded by Councillor Stevens, andRESOLVED: That council now resolve itself into committee <strong>of</strong> the whole.CARRIED2. DELEGATIONS AND PRESENTATIONSRC09/362JUNE 15/09Barb StrachanRe: Town Square Sub-CommitteeMs. Barb Strachan appeared before council on behalf <strong>of</strong> the town square subcommitteeto ask for a decision on its commitment to the volunteer-drivendevelopment <strong>of</strong> a rain garden at 7th Avenue and Grand Street.Ms. Strachan provided an overview <strong>of</strong>:■■■■■■the sub-committee's goals;the reasons for choosing that site;the vision for the site;the draft site plan;discussions with various community partners; andthe proposed plan for maintenance <strong>of</strong> the square.Ms. Strachan stated that the focus <strong>of</strong> the square is on people-centred benefits, andcreating a natural habitat out <strong>of</strong> an area that is currently void <strong>of</strong> substantive peoplefriendlyamenities or environmental supports. She noted that the committee wouldlike construction to start in early fall to allow for the least amount <strong>of</strong> stress on theplants.


232Regular Council Meeting Page 2 <strong>of</strong> 13June 15, <strong>2009</strong>In conclusion, Ms. Strachan stated that the sub-committee needs an <strong>of</strong>ficialcommitment to the project from council now, subject to meeting logical expectedbasic requirements.The mayor thanked Ms. Strachan for the presentation.Staff were directed to provide a report specifying what would be required from the<strong>District</strong> and the associated costs.RC09/363JUNE 15/09Jacquie Symington (on behalf <strong>of</strong> Clegg Street Flood Victims)Re: Clegg Street FloodingMs. Jacquie Symington appeared before council on behalf <strong>of</strong> several Clegg Streetresidents to provide information about the May 11 th flood event and some history <strong>of</strong>run-<strong>of</strong>f flooding in that area.Ms. Symington outlined the residents' concerns about the ongoing problem, thedamage to their properties and homes,, and the potential risk to their families. Shestated that the residents would like to see the bylaws changed so that municipalrun<strong>of</strong>f does not go through private drainage systems.Mr. Marc Hanslow stated that various residents can attest to flooding happening over20 years ago, and that he has video footage <strong>of</strong> the acceleration <strong>of</strong> water comingdown the creek. Mr. Hanslow also stated that the residents have consulted their ownengineer who has provided options to fix the problem.The mayor thanked Ms. Symington and Mr. Hanslow for the presentation.Staff were directed to:(a)(b)provide a full report as soon as possible; andrefer this matter to a closed council meeting.RC09/364JUNE 15/09Allison WhippleRe: Employment Lands in <strong>Mission</strong>Ms. Whipple did not appear as a delegation.RC09/365JUNE 15/09KC McPhersonRe: Amendment to Development Permit for 32966 Cherry AvenueDarren Hall appeared before council on behalf <strong>of</strong> KC McPherson to provide furtherinformation about the proposed development for 32966 Cherry Avenue.Mr. Hall stated:■■the original design for the houses was based on a lot grading plan that had notyet been produced;once the land was cleared and the lane put in the rear, it was noticed that thelot supports a three storey home from the front;


233Regular Council Meeting Page 3 <strong>of</strong> 13June 15, <strong>2009</strong>■■■■■all <strong>of</strong> the homes meet the RS-1A zoning bylaw for height, which does allowhomes to be three storeys from the front;the placement <strong>of</strong> the homes is actually lower on lots 1 through 4 than originallydesigned;staff have asked them to artificially raise the grades from Cherry Street, whichwould require retaining walls <strong>of</strong> up to 6 to 7 feet in some places;they would like to see windows on the front <strong>of</strong> the homes, at a lower grade withless retaining wall; andthey feel having more windows in the basement as well as a door providesbetter fire safety.The mayor thanked Mr. Hall for the presentation.3. PLANNINGCouncillor Stewart assumed the Chair.RC09/366JUNE 15/09Rescind Zone Amending Bylaw 3864-2006-3143(231) and CloseDevelopment Application Files R05-032 and DV05-018Moved by Councillor Scudder, andRECOMMENDED:1. That first, second and third readings <strong>of</strong> zone amending bylaw 3864-2006-3143(231) be rescinded; and2. That rezoning application R05-032 and development variance permitapplication DV05-018 be clos ed.CARRIEDRC09/367JUNE 15/09Rezoning Application R09-004 (Toor/McPherson) at 31509 and 31591 IsraelAvenueMoved by Councillor Gidda, andRECOMMENDED:1. That in accordance with rezoning application R09-004 (Toor/McPherson), thedirector <strong>of</strong> corporate administration prepare a bylaw to amend <strong>District</strong> <strong>of</strong><strong>Mission</strong> zoning bylaw 3143-1.998 by rezoning the properties located at 31509and 31591 Israel Avenue and legally described as:Parcel Identifier: 009-281-185, Lot 2, Section 30, Township 17, NewWestminster <strong>District</strong> Plan 23910, andParcel Identifier: 009-281-126 Lot 1, Section 30, Township 17, NewWestminster <strong>District</strong> Plan 23910from RU-1 Rural One zone to RS-2 One Unit Suburban Residential zone;


234Regular Council Meeting Page 4 <strong>of</strong> 13June 15, <strong>2009</strong>2. That the bylaw be considered for first and second reading at the regular councilmeeting on June 15, <strong>2009</strong>;3. That following such a , reading, the bylaw be forwarded to a public hearing on<strong>July</strong> 27, <strong>2009</strong>;4. That the five percent parkland provision in Section 941 <strong>of</strong> the LocalGovernment Act be applied as cash-in-lieu <strong>of</strong> parkland to subdivision file S09-004; and5. That one new road extension over a portion <strong>of</strong> Lots 1 and 2, Section 20,Township 17, New Westminster <strong>District</strong> Plan 23910, be named with the roadrunning east from Nelson Street as "Kenny Avenue Extension".CARRIEDRC09/368JUNE 15/09Spirit Square UpdateMoved by Mayor Atebe, andRECOMMENDED: That staff proceed with the tender process and the hiring <strong>of</strong>contractors for the foundation, construction and landscaping <strong>of</strong> the Spirit Square.CARRIEDRC09/369JUNE 15/09Agricultural Land Reserve Exclusion — 31380 Lougheed HighwayMoved by Councillor Gidda, andRECOMMENDED: That the Agricultural Land Commission be advised that while thestudy <strong>of</strong> industrial land needs is under discussion, council supports the inclusion <strong>of</strong>the subject property at 31380 Lougheed Highway for future industrial development.CARRIEDOPPOSED: Councillor HornCouncillor StewartRC09/370JUNE 15/09Consideration for Form and Character Covenant AmendmentMoved by Mayor Atebe, andRECOMMENDED: That the covenants placed on the properties at 32966, 32978,32982, 32988, 32994 and 32996 Cherry Avenue be amended to allow the frontelevations to be as proposed on appendix 4 <strong>of</strong> the report from the deputy director <strong>of</strong>planning dated June 1, <strong>2009</strong>, to allow two storey buildings with basements.CARRIEDOPPOSED: Councillor HornCouncillor Stevens


235Regular Council Meeting Page 5 <strong>of</strong> 13June 15, <strong>2009</strong>4. PARKS, RECREATION AND CULTURECouncillor Scudder assumed the Chair.RC09/371JUNE 15/09Cultural Infrastructure StudyMoved by Councillor Stewart, andRECOMMENDED:1. That the suggested scope <strong>of</strong> work to conduct a cultural infrastructure study, asattached to the report from the director <strong>of</strong> parks, recreation and culture datedJune 15, <strong>2009</strong> be approved; and2. That the spending <strong>of</strong> $15,550 plus GST for consulting services to conduct thecultural infrastructure study be approved, with the funds to come from councilcontingency.CARRIEDRC09/372JUNE 15/09LATE ITEM — Grant Application — Recreational Infrastructure Canada(RInC) ProgramMoved by Councillor Gidda, andRECOMMENDED:1. That staff prepare and submit an application under the RecreationalInfrastructure Canada program to re-build the lacrosse box at Centennial Park,including permanent washrooms;2. That, if the application is successful, the <strong>District</strong>'s share <strong>of</strong> the funding willcome from community amenity contributions; and3. That LAN.40 Financial Contributions for Community Amenities policy beamended to add re-building <strong>of</strong> the lacrosse box to the project list.CARRIED5. ADMINISTRATION AND FINANCECouncillor Stevens assumed the Chair.RC09/373JUNE 15/09Policy COU.22 — Role <strong>of</strong> Council LiaisonA report from Dennis Clark, director <strong>of</strong> corporate administration dated May 15, <strong>2009</strong>regarding a new draft policy (Role <strong>of</strong> Council Liaison) was provided for thecommittee's information.Staff were directed to reword the policy with council's recommended changes andbring it back for consideration at a future committee <strong>of</strong> the whole meeting.


236Regular Council Meeting Page 6 <strong>of</strong> 13June 15, <strong>2009</strong>RC09/374JUNE 15/092008 Annual ReportMoved by Mayor Atebe, andRECOMMENDED: That the report from Ken Bjorgaard, director <strong>of</strong> finance, datedJune 10, <strong>2009</strong> regarding the draft 2008 annual report be received as information.CARRIEDRC09/375JUNE 15/09Audit Results and CommunicationsMoved by Councillor Scudder, andRECOMMENDED: That the audit results and communications report from BDODunwoody regarding the <strong>District</strong>'s financial statements for the fiscal year 2008 bereceived as information.CARRIEDRC09/376JUNE 15/09Joint Water Capital Cost Sharing FormulaMoved by Mayor Atebe, andRECOMMENDED: That discussion regarding the joint water capital cost sharingformula be deferred to the committee <strong>of</strong> the whole meeting scheduled for <strong>July</strong> 6,<strong>2009</strong>.CARRIEDOPPOSED: Councillor HornRC09/377JUNE 15/09Social Development ReportA report from Kirsten Hargreaves, manager <strong>of</strong> social development, dated June 3,<strong>2009</strong> regarding current social development projects and sub-committee updates wasprovided for the committee's information.RC09/378JUNE 15/09Enforcement <strong>of</strong> Lawn SprinklingMoved by Councillor Scudder, andRECOMMENDED: That municipal ticket information bylaw 2646-1993 be amendedto increase the fine amount for lawn sprinkling from $50.00 to $100.00 per <strong>of</strong>fence,and to keep the current procedure <strong>of</strong> enforcement as is.CARRIEDRC09/379JUNE 15/09Dangerous Dogs — Bylaw OptionsA report from Dennis Clark, director <strong>of</strong> corporate administration, dated June 5, <strong>2009</strong>regarding bylaw options for dealing with dangerous dogs was provided for thecommittee's information.


237Regular Council Meeting Page 7 <strong>of</strong> 13June 15, <strong>2009</strong>Moved by Councillor Scudder, andRECOMMENDED: That staff provide a report regarding the legal issues andpractical application <strong>of</strong> a dangerous dog bylaw.CARRIEDRC09/380JUNE 15/09Business Licence Statistics and ComplianceA report from Beverly Endersby, manager <strong>of</strong> inspection services, dated June 1, <strong>2009</strong>regarding business licence statistics and compliances was provided for thecommittee's information.Staff were directed to provide a report regarding the feasibility <strong>of</strong> checking forbusiness licenses, similar to what is done for dog licenses.6. ENGINEERING AND PUBLIC WORKSCouncillor Gidda assumed the Chair.RC09/381JUNE 15/09Upgrading <strong>of</strong> Penitentiary Pump Station and Gravity MainMoved by Mayor Atebe, andRECOMMENDED:1. That $460,000 be included in the non regional sewer capital expenditure planin year 2012 for the upgrading <strong>of</strong> the penitentiary sewage pumping station andincoming gravity mains, with the funding source identified as the sewer capitalreserve;2. That the director <strong>of</strong> corporate administration prepare a fee bylaw in accordancewith the authority granted under Sections 12(1) and 194 <strong>of</strong> the CommunityCharter to establish a fee per lot to be paid by property owners in thecatchment area <strong>of</strong> the pump station as a condition <strong>of</strong> subdivision approval orconnection <strong>of</strong> existing dwellings to the sewer;3. That all fees received under the bylaw be deposited in the sewer capitalreserve account; and4. That the fee per lot under the bylaw be established at $2,995.CARRIEDRC09/382JUNE 15/09Landfill FeesMoved by Councillor Scudder, andRECOMMENDED:


238Regular Council Meeting Page 8 <strong>of</strong> 13June 15, <strong>2009</strong>1. That item 8 <strong>of</strong> Schedule A <strong>of</strong> the Refuse Collection and Disposal Bylaw 1387-1984 be amended to reflect an $11 minimum charge per 73.5 kg load forcustomers from outside <strong>of</strong> <strong>Mission</strong> and Electoral Areas C, F and G, effective<strong>July</strong> 1 st, <strong>2009</strong>; and2. That the surcharge for unsecured loads arriving at the landfill be increased to$10, effective October 1 st, <strong>2009</strong>.CARRIEDRC09/383JUNE 15/09Requirement for Garbage CansA report from Jennifer Meier, environmental coordinator, dated June 4, <strong>2009</strong>regarding the <strong>District</strong>'s new requirement for garbage cans was provided for thecommittee's information.7. PUBLIC SAFETY AND HEALTHCouncillor Horn assumed the Chair.RC09/384JUNE 15/09Don ChapmanRe: Burning BylawCorrespondence from Don Chapman dated June 6, <strong>2009</strong> regarding the <strong>District</strong>'sburning bylaw was provided for the committee's information.Staff were directed to inform Mr. Chapman that the proposal to amend the burningbylaw did not receive council support at this time.RC09/385JUNE 15/09<strong>Mission</strong> Institution Report — May <strong>2009</strong>A statistical year to date report from <strong>Mission</strong> Institution for the month <strong>of</strong> May, <strong>2009</strong>that provides a list <strong>of</strong> inmates classified by major <strong>of</strong>fence pr<strong>of</strong>ile was provided for thecommittee's information.RC09/386JUNE 15/09Ferndale Institution Population Pr<strong>of</strong>ile — June <strong>2009</strong>A population pr<strong>of</strong>ile report from Ferndale Institution for the month <strong>of</strong> June, <strong>2009</strong> wasprovided for the committee's information.RC09/387JUNE 15/09LATE ITEM: Verbal (Councillor Horn)<strong>Mission</strong> Memorial HospitalCouncillor Horn suggested that staff arrange a meeting between council and FraserHealth Authority to discuss the proposed cuts to the <strong>Mission</strong> Memorial Hospital.Moved Mayor Atebe, andRECOMMENDED:


239Regular Council Meeting Page 9 <strong>of</strong> 13June 15, <strong>2009</strong>1 That a strongly worded letter be sent to Fraser Health stating that the <strong>District</strong>should be involved in every decision regarding <strong>Mission</strong> Memorial Hospital;2. That a meeting be arranged as soon as possible with Randy Hawes and MarcDalton to discuss council's concerns about the recent announcement by FraserHealth;3. That a meeting be arranged as soon as possible between council and theFraser Health board <strong>of</strong> directors and senior staff; and4. That staff issue a press release stating council's position.CARRIEDMoved by Councillor Stewart, andRECOMMENDED: That the meeting be extended until all business on the agenda isconcluded.CARRIED8. RESOLUTION TO RISE AND REPORTMayor Atebe resumed the Chair.RC09/388JUNE 15/09Moved by Councillor Scudder, seconded by Councillor Stevens, andRESOLVED: That the committee <strong>of</strong> the whole now rise and report.CARRIED9. ADOPTION OF COMMITTEE OF THE WHOLE REPORTRC09/389JUNE 15/09Moved by Councillor Plecas, seconded by Councillor Gidda, andRESOLVED: That the recommendations <strong>of</strong> the committee <strong>of</strong> the whole, ascontained in items RC09/361 to RC09/388, except items RC09/369 (ALR exclusion),RC09/370 (covenant amendment), and RC09/376 (joint water plan deferral) beadopted.CARRIEDRC09/390JUNE 15/09Moved by Councillor Stevens, seconded by Councillor Gidda, andRESOLVED: That the recommendation <strong>of</strong> the committee <strong>of</strong> the whole, as containedin item RC09/369 (ALR exclusion), be adopted.CARRIEDOPPOSED: Councillor HornCouncillor Stewart


240Regular Council Meeting Page 10 <strong>of</strong> 13June 15, <strong>2009</strong>RC09/391JUNE 15/09RC09/392JUNE 15/09Moved by Councillor Scudder, seconded by Councillor Plecas, andRESOLVED: That the recommendation <strong>of</strong> the committee <strong>of</strong> the whole, as containedin item RC09/370 (covenant amendment), be adopted.CARRIEDOPPOSED: Councillor HornCouncillor StevensMoved by Councillor Stevens, seconded by Councillor Gidda, andRESOLVED: That the recommendation <strong>of</strong> the committee <strong>of</strong> the whole, as containedin item RC09/376 (joint water plan deferral), be adopted.CARRIEDOPPOSED: Councillor Horn10, MINUTESRC09/393JUNE 15/09Moved by Councillor Stevens, seconded by Councillor Plecas, andRESOLVED: That the minutes <strong>of</strong> the regular meeting <strong>of</strong> council held on June 1,<strong>2009</strong> and the minutes <strong>of</strong> the special meetings <strong>of</strong> council held on May 14 and June 2,<strong>2009</strong> be adopted.CARRIED11. BUSINESS ARISING FROM THE MINUTESThere was no business arising from the minutes.12. CHIEF ADMINISTRATIVE OFFICER'S REPORTThe chief administrative <strong>of</strong>ficer did not report.13. MAYOR'S REPORTThe mayor reported on various activities, meetings and events attended since thelast regular council meeting.14. COUNCILLOR'S REPORTS ON COMMITTEES, BOARDS AND ACTIVITIESCouncillors Plecas, Gidda, and Stewart reported on various activities, meetings andevents attended since the last regular council meeting.15. BYLAWSRC09/394JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Amending Bylaw 3864-2006-3143(231)(R05-032 — Rockwell) — 33815 Cherry AvenueMoved by Councillor Gidda, seconded by Councillor Scudder, and


Regular Council Meeting Page 11 <strong>of</strong> 13June 15, <strong>2009</strong>241RESOLVED: That the first, second and third readings <strong>of</strong> <strong>District</strong> <strong>of</strong> <strong>Mission</strong> zoningamending bylaw 3864-2006-3143(231) be rescinded.CARRIEDRC09/395JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Sewer Bylaw 5033-<strong>2009</strong>Moved by Councillor Stevens, seconded by Councillor Plecas, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> sewer bylaw 5033-<strong>2009</strong> be adopted.CARRIEDRC09/396JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Officers Amending Bylaw 5035-<strong>2009</strong>-3986(7)Moved by Councillor Horn, seconded by Councillor Scudder, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> <strong>of</strong>ficers amending bylaw 5035-<strong>2009</strong>-3986(7) beadopted.CARRIEDRC09/397JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Street Naming (McQuarrie Lane extension)Bylaw 5036-<strong>2009</strong>Moved by Councillor Stewart, seconded by Councillor Gidda, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> street naming (McQuarrie Lane extension)bylaw 5036-<strong>2009</strong> be adopted.CARRIEDRC09/398JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Council Procedures Amending Bylaw 5037-<strong>2009</strong>-3694(8)Moved by Councillor Scudder, seconded by Councillor Stevens, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> council procedures amending bylaw 5037-<strong>2009</strong>-3694(8) be adopted.CARRIEDRC09/399JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Zoning Amending Bylaw 5039-<strong>2009</strong>-3143(328)(R09-004 - Toor/McPherson) - 31509 and 31591 Israel AvenueMoved by Councillor Gidda, seconded by Councillor Plecas, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> zoning amending bylaw 5039-<strong>2009</strong>-3143(328)be read a first and second time.CARRIEDRC09/400JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Penitentiary Sewage Lift Catchment AreaFee Bylaw 5040-<strong>2009</strong>Moved by Councillor Stewart, seconded by Councillor Horn, and


242Regular Council Meeting Page 12 <strong>of</strong> 13June 15, <strong>2009</strong>RESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> penitentiary sewage lift catchment area feebylaw.5040-<strong>2009</strong> be read a first, second and third time.CARRIEDRC09/401JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Municipal Ticket Information Amending Bylaw5041-<strong>2009</strong>-2646(14)Moved by Councillor Scudder, seconded by Councillor Gidda, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> municipal ticket information amending bylaw5041-<strong>2009</strong>-2646(14) be read a first, second and third time.CARRIEDRC09/402JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Street Naming (Kenny Avenue extension)Bylaw 5042-<strong>2009</strong>Moved by Councillor Stevens, seconded by Councillor Stewart, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> street naming (Kenny Avenue extension) bylaw5042-<strong>2009</strong> be read a first, second and third time.CARRIEDRC09/403JUNE 15/09<strong>District</strong> <strong>of</strong> <strong>Mission</strong> Refuse Collection and Disposal AmendingBylaw 5043-<strong>2009</strong>-1387(45)Moved by Councillor Horn, seconded by Councillor Plecas, andRESOLVED: That <strong>District</strong> <strong>of</strong> <strong>Mission</strong> refuse collection and disposal amending bylaw5043-<strong>2009</strong>-1387(45) be read a first, second and third time.CARRIED16. CORRESPONDENCERC09/404JUNE 15/09Howard MeakinRe: Application for Detailed Site Investigation — former MeekerCedar Products SitesMoved by Councillor Horn, seconded by Councillor Gidda, andRESOLVED: That the correspondence from Howard Meakin dated May 25, <strong>2009</strong>regarding the former Meeker Cedar Products property be received as information.CARRIEDRC09/405JUNE 15/09Neil KernahanRe: Reader Board ProposalMoved by Councillor Scudder, seconded by Councillor Stevens, and


243Regular Council Meeting Page 13 <strong>of</strong> 13June 15, <strong>2009</strong>RESOLVED:1. That the correspondence from Neil Kernahan dated May 28, <strong>2009</strong> regarding aproposal for the regulation <strong>of</strong> reader boards within the <strong>District</strong> be received asinformation; and2. That Mr. Kernahan be advised that council did not support his proposal.CARRIEDRC09/406JUNE 15/09Pat Bays (Stand Up for Mental Health)Re: Official Host Community for the Valley Comedy FestivalMoved by Councillor Scudder, seconded by Councillor Stewart, andRESOLVED:1. That August 21, <strong>2009</strong> be proclaimed as "Stand Up for Mental Health Day"within the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>; the <strong>District</strong> to assume no costs related thereto;and2. That the Stand Up for Mental Health organization is authorized to use the<strong>District</strong>'s <strong>of</strong>ficial logo on its promotional materials for the comedy festival onAugust 21 and 22, <strong>2009</strong>.CARRIED17. OTHER BUSINESSThere was no other business.18. QUESTION PERIODThere were no questions from the public.19. ADJOURNMENTMoved by Councillor Scudder, seconded by Councillor Plecas, andRESOLVED: That the meeting be adjourned.CARRIEDThe meeting was adjourned at 9:44 p.m.JAMES ATEBE, MAYOR DENNIS CLARK, DIRECTOR OFCORPORATE ADMINISTRATIONG: \clerk \minutes \rc090615.doc


244SENATESENATHONOURABLE MOBINA JAFFER, Q.C.BRITISH COLUMBIACANADAL'HONORABLE MOBINA JAFFER, C.R.COLOMBIE-BRITANNIQUEJune 12, <strong>2009</strong>Mayor James Atebe<strong>District</strong> <strong>of</strong> <strong>Mission</strong>Box 20<strong>Mission</strong>British ColumbiaV2V 4L9Dear Mayor Atebe:RE: Motion in the Senate Recognizing World Malaria DayIn an effort to bring recognition to World Malaria Day at the federal level, this year Iintroduced a motion in the Senate to have it formally recognized. A copy <strong>of</strong> my speech onthis motion is enclosed for your information. I believe recognizing this day represents achance for all <strong>of</strong> us to make a difference, whether you are government, a company, a charityor an individual. It is also an opportunity for malaria free countries, like Canada to learnabout the devastating consequences <strong>of</strong> the disease and for new donors to join a globalpartnership against malaria.World Malaria Day is recognized around the world as April 25 th . It is a day <strong>of</strong> unifiedcommemoration <strong>of</strong> the global effort to provide effective control <strong>of</strong> malaria, a disease thatclaims the lives <strong>of</strong> 2,000 children every day around the world. This year this day marked acritical threshold: as the world has only two years to meet the 2010 targets <strong>of</strong> deliveringeffective and affordable protection and treatment to all people at risk <strong>of</strong> malaria.Over the past few years, British Columbia municipalities have taken the lead on initiativesacross Canada recognizing April 25 th as World Malaria Day through proclamations. Thisrecognition has been an invaluable tool in the fight to eradicate Malaria.Ultimately the eradication <strong>of</strong> this disease world-wide is the goal, but to achieve this requires asustained commitment by all <strong>of</strong> us. I wish to take this opportunity to thank you for yourefforts to bring awareness and global solutions to this disease. I truly believe together we canmake a difference.Kindest personal regards,Honourable Mobina JafferSenator for British Columbiaenc.TEL: (613) 992-0189 FAX: (613) 992-0673 1-800-267-7362


245CANADAebateg <strong>of</strong> tbemate2nd SESSION • _ 40th PARLIAMENT • VOLUME 146 • NUMBER 29Motion:That the Senate Recognize andEndorse April 25th Annually as World Malaria DaySpeech by:The Honourable Mobina S.B. Jaffer &Tuesday, April 28, <strong>2009</strong>(Un<strong>of</strong>ficial Version)


246Motion Recognizing April 25As World Malaria Day:The Hon. Mobina Jaffer: Honourablesenators, today I rise to speak on mymotion to proclaim April 25 as WorldMalaria Day. I believe this action willhelp to raise awareness and to educate. Ibelieve it will help raise necessaryfunding to prevent this disease.World Malaria Day has been formallyacknowledged by Canadianmunicipalities and provinces across ournation. Every year, municipalities andprovinces have_taken a leadership roleby acknowledging this day throughproclamations and educational activities.In fact, I returned to Ottawa last weekwith a proclamation from the City <strong>of</strong>Vancouver acknowledging April 25 asWorld Malaria Day.Malaria is a global health crisis that putsmore than 40 per cent <strong>of</strong> the world'spopulation at risk. Each year, there areover 500,000,000 cases. This illness willtake the life <strong>of</strong> one in five Africanchildren before their fifth birthday. It isheartbreaking that the world has theability to prevent this disease but peopleare still dying in such high numbers.Malaria is a potentially deadly diseasetransmitted through mosquito bites andkills more than 2,000 children every day.Children make up 90 per cent <strong>of</strong> thenearly 1 million people who die frommalaria every year, mainly in sub-Saharan Africa and parts <strong>of</strong> Asia.Honourable senators, World MalariaDay is an opportunity for malaria-freecountries like Canada to learn about thedevastating consequences <strong>of</strong> the diseaseand for new donors to join a globalpartnership against malaria. It is anopportunity for research and academicinstitutions to flag their scientificadvances to both experts and the generalpublic. It is a chance for countries inaffected regions to learn from eachother's experiences and support eachother's efforts. It is an opportunity forinternational partners, companies andfoundations to showcase their results andreflect together how to move forward inthe fight against this disease.In Canada, this day should also be a day<strong>of</strong> reflection. We should be askingourselves what else we could be doing tocombat this killer, which costsdeveloping countries billions <strong>of</strong> dollarsper year in lost economic output.According to Foreign Minister JonasGahr Store <strong>of</strong> Norway:The results will go beyond saving lives ... By controlling malaria, we canimprove school attendance andproductivity, open new areas to businessand tourism and reduce health costs.Investing in malaria control is anexcellent value for Canadian aid dollars.The disease is 100 per cent treatablewith highly effective artemisinincombinationtreatments and nearly 100per cent preventable. Bed nets, forexample, reduce all-cause child deaths— not malaria deaths only but all deathsby 20 per cent.2


247Taken together with other tools, there isno scientific controversy: Everyoneagrees malaria can be reduced and eveneliminated in places. Honourablesenators, one net at the-cost <strong>of</strong> $6 willsave the lives <strong>of</strong> four people. That is avery sound investment <strong>of</strong> a Canadian aiddollar.The drugs I mentioned have beendifficult to obtain. The high cost <strong>of</strong> thesedrugs has made them out <strong>of</strong> reach forthose afflicted with malaria, and, as aresult, many were still purchasing thecheaper, less effective drugs. Currently,only one in five afflicted with malariahas access to these drugs.I am pleased to report to you that as <strong>of</strong>April 17, these drugs have become easierand more affordable to obtain. Lastweek, a new initiative called theAffordable Medicines Facility —Malaria was announced. It originateswith international partnerships frompublic and private institutions, whichinclude the Global Fund to Fight AIDS,Tuberculosis and Malaria, the WorldBank, the UNChildren's Fund, the Dutch government,the Bill and Melinda Gates Foundationand the Clinton Foundation. Once it getsgoing, it will put affordable, life-savingmalaria drugs within the reach <strong>of</strong>millions <strong>of</strong> people, especially children insub-Saharan Africa. The new program isexpected to change the global malariasituation significantly.The $225 million partnership reduces thecost <strong>of</strong> artemisinin combinationtherapies or ACTs, which have been 10to 40 times more expensive than the olddrugs.The drugs that were once used have losttheir effectiveness because the malariaparasite has developed a resistance tothem.Other global international initiatives toprevent malaria include the Roll BackMalaria Partnership, launched by theWorld Health Organization, UNICEF,the United Nations DevelopmentProgramme and the World Bank. Its aimis a coordinated international approachto combat malaria. This partnershipbrings together multiple players with acommon goal <strong>of</strong> halving the grobalburden <strong>of</strong> malaria by 2010.On a personal note, honourable senators,I have <strong>of</strong>ten gone to Uganda and otherplaces to work on the issue <strong>of</strong> malaria.Today, I will take the opportunity torecognize the work <strong>of</strong> the CanadianNGO Buy-A-Net and its founder, DebraLefebvre. They work in Uganda byproviding nets and have been one <strong>of</strong> thegreatest successes at creating malariafreezones. I have been in Uganda whereI observed Canadian nurse Gail Fones <strong>of</strong>Buy-A-Net. Gail first creates trust withvillagers and then she educates andprovides them with the nets. She andothers go one-step further by vaccinatingthe children in the village.Honourable senators, I want to recognizethe Canadian Nurses Association, anassociation that has nurses from ourcountry spend up to eight months in onevillage to help those villagers becomemalaria free.Gail Fones then goes further. Shevaccinates the children in the village,and then she continues to help create anatmosphere that prevents the spread <strong>of</strong>malaria.3.


248Honourable senators, when I havevisited these villages, I have been proudto say I am a Canadian becauseCanadian nurses are making thedifference in the lives <strong>of</strong> Africanchildren.I want to share my experience on arecent trip to Uganda. I visited a village.While there, I was befriended by ayoung girl who was about four years old.Her name was Margaret. Everywhere Iwent, she followed me like a shadow. Ibecame quite taken with her, and in a-short time were inseparable.- On mynext visit to Uganda, I came back to thesame village and I looked for my littlefriend, Margaret. I went to her homewith a present — an anti-malarial for herand her family. I had a recollection <strong>of</strong> ahouse filled with laughter, butMargaret's home sounded eerily quiet. Ientered the home and found Margaret'smother crying. Margaret had just beenburied. She had died <strong>of</strong> malaria. I arrivedtoo late.Honourable senators, I ask for yoursupport to have April 25 declared WorldMalaria Day. Ffurther ask or yoursupport to encourage our government todo more, so that we are not too late forthe other "Margarets" <strong>of</strong> this world.4


249Minister Responsible forStatistics CanadaMinistre responsable deStatistique CanadaOttawa, Canada K1A 0T6JUN 1 6 <strong>2009</strong>His Worship James AtebeMayor <strong>of</strong> the <strong>District</strong> <strong>of</strong> <strong>Mission</strong>His Worship George PearyMayor <strong>of</strong> the City <strong>of</strong> Abbotsford8645 Stave Lake StreetP.O. Box 20<strong>Mission</strong>, British Columbia V2V 4L9Dear Mayor Atebe and Mayor Peary:Thank you for your joint letter requesting that Statistics Canadarename the Abbotsford Census Metropolitan Area (CMA) to Abbotsford—<strong>Mission</strong> Census Metropolitan Area.The definition and naming <strong>of</strong> CMAs are based on standards setout by Statistics Canada. I am pleased to inform you that your request meetsall the criteria <strong>of</strong> the recently updated CMA naming convention. The newname <strong>of</strong> Abbotsford—<strong>Mission</strong> will become the standard name for this CMA andwill be implemented as soon as operationally possible in Statistics Canada'sprograms.For further information, please do not hesitate to contact JoeKresovic, Director <strong>of</strong> the Geography Division <strong>of</strong> Statistics Canada(613-951-9276, Joe.Kresovic@statcan.gc.ca).Yours sincerely,c.c. Mr. Ed Fast, M.P.Mr. Randy Kamp, M.P.CanadigTony Clement


250From: Noreen Carter [mcssexecsec@shawbiz.ca]Sent: Monday, June 29, <strong>2009</strong> 1:32 PMTo: Kelly RidleyCc: Dennis Clark; Glen RobertsonSubject: Bus passes for Red CardAttachments: Red Card Usage 2008 - <strong>2009</strong>.xls; Red Card Stats <strong>2009</strong>-2010.xlsDear Kelly Ridley, and <strong>District</strong> <strong>of</strong> <strong>Mission</strong> / Council members:May <strong>2009</strong> bus ticket usage was 270June <strong>2009</strong> - to date - is 220.We have used all the ETAP tickets provided by United Way for JuneI have 40 bus tickets left as <strong>of</strong> this morning, from the 1440 received from the <strong>District</strong> in Jan./09We have been rationing the bus tickets for the past week. Even if someone comes in with several Red Cards,we are only giving out 1 or 2 bus tickets at a time at present.At an average [?] <strong>of</strong> 250 bus tickets per month, we would need approximately 1500 to the end <strong>of</strong> the year.However, if usage continues to increase as it has been doing - that won't be enough to last until the 2010allotment!I have included a spread sheet on the # <strong>of</strong> Red Cards disbursed over approximately the past year. - 2,255.Each Red Card usually translates into 1 bus ticket, 1 food voucher and most <strong>of</strong>ten, 1 toiletry kit.Meal voucher usage has almost doubled in the past year.Due to the increased usage <strong>of</strong> the Red Cards, our donated supplies [gratefully recei,ved!!] do not meet thedemand and MCSS is having to purchase a major percentage <strong>of</strong> the kit items.We could really use some financial assistance and/or more bus tickets to keep this program going, as thisservice is much needed in <strong>Mission</strong> for the consumers we are supporting.Thank you to <strong>Mission</strong> <strong>District</strong> Council for your consideration <strong>of</strong> this matter at your <strong>July</strong> 6th meeting.Noreen CarterExecutive Secretary<strong>Mission</strong> Community Services Society33179 2nd Avenue, <strong>Mission</strong>, BC V2V 1J9Ph: (604) 826-3634 / Fax (604) 820-06341


Red Cards given out / sold - 2008 - <strong>2009</strong>251MonthNr. Reception Shelter Outreach All Saints Extreme Downtown Mental Health Total CardsChurch Weather Businesses Given Out<strong>July</strong> 11/08 25<strong>July</strong> 18/08 12<strong>July</strong> 23/08 30<strong>July</strong> 24/08 20Aug. 7/08 15Aug. 8/08 1Aug. 11/08 16Aug. 18/08 30Aug. 22/08 15Aug. 27/08 40Sep. 9/08 13Sep. 23/08 25Oct 6/08 20Oct. 8/08 70Oct. 9/08 30Oct. 21/08 15Oct. 22/08 25Oct. 28/08 25Nov. 3/08 12Nov. 6/08 20Nov. 7/0810Nov. 13/08Nov. 20/08Nov. 26/08302025-4-Dec. 8/08 25Dec. 9/08 10 20Dec. 12/08 25Dec. 15/08 20Dec. 17/08 20Dec. 19/08 50Dec. 30/08 5Dec. 31/08 23Jan. 15/09 10 5Jan. 16/09 27Jan. 21/09 25 14Jan. 23/09 25Jan. 27/09 201Jan. 30/09 25Feb. 3/09 15Feb. 4/09 25 50Feb. 10/09 25 7Feb. 16/09 15Feb. 17/09 20Feb. 18/09 25Feb. 19/09 20Feb. 20/09 25Feb: 25/09 25Feb. 27/09 13Mar. 3/09 20— ,Mar. 6/09 50Mar. 10/09 30 50Mar. 11/09 20 14Mar. 12/09 30—,——10-,1+


Red Cards given out / sold - 2008 - <strong>2009</strong> Page 2252Month/Yr. Reception Shelter Outreach All Saints Extreme Downtown Mental Health Total CardsChurch Weather Businesses Given OutMar. 16/09 20Mar. 20/09 20Mar. 24/09 20 10Mar. 26/09 25 15Mar. 31/09 25 25Apr. 6/0910l_Apr. 14/0925Apr. 15/09 3010Apr. 21/09 25Apr. 22/09 25May 4/09 25May 6/09 10May 8/09 50May 11/09 30May 19/09 18May 20/09 17May 22/09 30May 26/09May 28/092525May 29/09 25June 2/09 14June 4/09 30June 10/09 25June 11/09 20June 12/09 10June 17/09 25June 18/09 301June 22/091150June 23/09 25June 24/099,June 25/0925+June 26/0925June 29/09 25TOTALS: 1338 217 80 310 180 105 25 2255Each Red Card usually translates into 1 bus ticket, 1 food voucher and most <strong>of</strong>ten1 toiletry kit [which, when donations are low, MCSS is purchasing all the components for]This is a very important program for <strong>Mission</strong>, but it is getting increasing expensive for MOSS.


Heart <strong>of</strong> <strong>Mission</strong> Red Card ProgramStatistics SheetItem Apr-09 May-09 Jun-09 Jul-09 Aua-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10 Mar-10Total to dateCurrentYearBus Tickets purchased by MCSS 0 0 0 As at June 26, <strong>2009</strong>: 0Bus Tickets donated (Dist <strong>of</strong> <strong>Mission</strong>) 140 270 220 We are rat oning, as we only have 40 tickets eft <strong>of</strong> the 1440 received from the <strong>District</strong> in Jan. <strong>2009</strong> 630Bus Tickets donated (ETAP) 150 174 150 Balance <strong>of</strong> ETAP tickets for the month have been transferred to Red Card 474Total Bus Tickets 290 444 370 0 0 0 0 0 0 0 0 0 1104Meal Vouchers submitted 759 731 1490Clothing Vouchers Redeemed 53 71 124Laundry Usage 15 19 34New Donation box locations 0 0 0 0 0 0 0 0 0 0 0 0 0Credits:4100 Donations collected from boxes $293.24 $140.75 $ 433.99 41004100 Donations received (other) $110.00 $100.00 $ 210.00 41004100 Emergency Shelter Program-Food $2,755.00 $3,550.00 $ 6,305.00 41004100 Emergency Shelter Program-Red Cards $36.00 $82.00 $ 118.004140 Manna - St. Stephen's $ - 41404140 Deferred revenue allocation-St. Stephen's $100.00 $ 100.00 41403800 United Wa $166.66 $ 166.66 38004351 Emergency Shelter Program $ - 43514905 Recoveries Admin. $125.00 $125.00 $ 250.00 4900Total Donations To date $3,585.90 $3,997.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00j $0.00 $ 7,583.65Debits: Expenses5060 Payments for meal vouchers $3,500.88 $3,371.73 $ 6,872.61 5060Payments for bus tickets $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ -Total Expenses $3,500.88 $3,371.73 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ 6,872.615000 Admin. Allocations MCSS IN KIND $125.00 $125.00$ 250.00 50005275/5010 Toiletry Items/ProgSupp/Copying $134.18 $25.42 $ 159.60 5275/50105170-5185 Office/Postage/Copying/Fax $20.31 $ 20.31 5170-51855300 Travel $0.00 $0.00, $0.00, $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ - 5300Total bi•Kind IVICSS CpratIbUtiOlis $279,49 $160.42 $0,00100,00 $0.00 80660 $cLati $0.00 $6166 $0.00 $0.00 $0.40 $ 429.9180r0010 / befit it 11194.41 4/5.00 $0,00 $0.06 $k00 $0.00 $0,00 $0.00 $O00 $0.00 $0600 $0,004, $ 281.13 Balanced> ETAP Bus Tickets Donation: January <strong>2009</strong> - continuing.Reflects total # <strong>of</strong> tickets donated Last Updated: 29/06/<strong>2009</strong>IN)CJ1CA)


Heart <strong>of</strong> <strong>Mission</strong> Red Card ProgramStatistics SheetItem - Apr-08 May-08 Jun-08 Jul-08 Aua-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09Total to dateCurrent Year)Bus Tickets purchased by MCSSBus Tickets donated (Dist <strong>of</strong> <strong>Mission</strong>)Bus Tickets donated (ETAP)Total Bus Tickets0 0 0 0 0 0 0 0 0 0 0 090 120 50 50 80 70 110 70 210 230 250 380150 150 150 200 150 150 - 150 150 174 150 165 172240 270 200 250 230 220 260 220 384 380 415 5520171019113621Meal Vouchers submittedClothing Vouchers RedeemedLaundry UsageNew Donation box locations291 469 382 546 511 375 455 505 463 545 480 89562 54 missing 56 60 36 64 55 57 67 66 9017 21 16 10 23 25 13 19 23 12 14 150 0 0 0 0 0 1 0 0 0 0 05917667208'1. ,Donations collected from boxes - $199.36 $147.86 $213.96 $239.10 $185.20 $200.85 $290.00 $180.60 $316.02 $171.79 $459.56 $271.61 $ 2,875.91Donations received (other) $66.62 $90.00 $60.00 $120.00 $60.00 $190.00 $340.00 $0.00 $440.00 $125.00 $100.00 $80.00 $ 1,671.62Emergency Shelter Program- Food $1,110.00 $2,144.00 $2,605.00 $2,529.00 $1,973.00 $2,100.00 $2,050.00 $2,100.00 $1,880.00 $1,850.00 $2,805.00 $3,540.00 $ 26,686.00Emergency Shelter Program- Red Card $48.00 $52.00 $48.00 $50.00 $60.00 $ 258.00Manna - St. Stephen's $0.00 $480.00 $0.00 $0.00 $240.00 $600.00 $120.00 $ 1,440.00Deferred revenue allocation $75.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $ 675.00United Way $250.00 $250.00 $250.00 $0.00 $0.00 $0.00 $250.00 $250.00 $0.00 $0.00 $1,499.67 $0.00 $ 2,749.67Emergency Shelter Program $392.01 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $337.72 $148.22 $0.00 $ 877.95Recoveries Admin. $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $930.00 $840.00 $525.00 $685.00 $ 3,980.00Total Donations To date $2,142.99 $3,236.86 $3,253.96 $3,013.10 $2,658.20 $2,715.85 $3,155.00 $3,141.32 $3,866.24 $3,734.79 $5,659.23 $4,636.61 $ 41,214.15ExpensesPayments for meal vouchers $1,886.50 $2,168.43 $1,761.97 $1,872.66 $2,356.98 $1,732.56 $2,098.70 $2,320.09 $2,135.58 $2,492.68 $2,642.96 $4,128.18 $ 27,597.29Payments for bus tickets $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ -Total Expenses $1,886.50 $2,168.43 $1,761.97 $1,872.66 $2,356.98 $1,732.56 $2,098.70 $2,320.09 $2,135.58 $2,492.68 $2,642.96 $4,128.18 $ 27,597.29Admin. Allocations (MCSS IN KIND) $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $ 1,500.00Toiletry Items/ProgSupp/Copying $564.40 $21.21 $56.13 $22.38 $47.38 $101.72 $72.65 $494.14 $305.83 $55.18 $149.37 $3,512.24 $ 5,402.63Office/Postage/Copying/Fax $28.98 $41.06 $54.17 $36.56 $112.49 $149.45 $14.23 $58.60 $20.00 $23.25 $110.06 $15.63 $ 664.48Travel $0.00 $0.00 $0.00 $0.00 $0.00 $2.40 $1.20 -$11.38 $0.00 $0.00 $1.23 $0.00 -$ 6.55Total In Kind MCSS ContributiOns $718.38 $187.27 • $235.30 $183.94 $284.87 $378:57 $213.08 $666.36 $450.83 $203:43 , $385.66 $3,652.87 $ 7,560.56Surplus / Deficit - -$461x89 $881.16 $1,256.69 $956.50 $16.35 $604.721 $843.22 $154.87 $1,279.83 $1,038.68 $2,630.61 -$3,144.44 $ 6,056.30> Etap Bus Tickets Donation: January <strong>2009</strong> - continuing, reflects total number <strong>of</strong> tickets donatedLast Updated 14/04/<strong>2009</strong>


mis,sTs.i. conoF*ON THE ERASERCorporate AdministrationMemorandum255To: Chief Administrative OfficerFrom: Executive AssistantDate: June 9, <strong>2009</strong>Subject: Release <strong>of</strong> Information from Closed CouncilAt the June 8, <strong>2009</strong> closed council meeting, council released the following resolutions:RESOLVED: That the <strong>District</strong> <strong>of</strong> <strong>Mission</strong> submit an application for funding under the Brownfield RenewalFunding Program to carry out preliminary site investigation for the undedicated Highway 11 easternbypass property with the <strong>District</strong>'s share ($15,000) to come from contingency.CARRIEDRESOLVED: That the Ferndale Institution Population Pr<strong>of</strong>ile for June, <strong>2009</strong> be released from closedcouncil and placed on the agenda for the regular council meeting on June 15, <strong>2009</strong>."CARRIED3Page 1 <strong>of</strong> 1

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