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HomeMy WebLinkAbout2018-11-20 Workshop Agenda and Reports.pdfCity of Maple Ridge 1.APPROVAL OF THE AGENDA 2.ADOPTION OF MINUTES 3.PRESENTATIONS AT THE REQUEST OF COUNCIL 4.UNFINISHED AND NEW BUSINESS 4.1 Cannabis Retail Processing and Evaluation Criteria - Discussion Paper Staff report dated November 20, 2018 recommending that Council Policy “Cannabis Retail Store Processing and Evaluation Criteria” be forwarded to the next Regular Council meeting for consideration of adoption. 4.2 Update on Alouette River Ecosystem Partnership Staff report dated November 20, 2018 providing an overview of work done to date in response to a notification by BC Hydro of its intention to review a water use licence related to the Alouette-Stave-Ruskin hydroelectric system. 4.3 2018-409-RZ, Residential Infill Policy and Bylaw Introduction Staff report dated November 20, 2018 recommending that Maple Ridge Official Community Plan, No. 7493-2018, Maple Ridge Zone Amending Bylaw No. 7504- 2018 and Subdivision and Development Servicing Amending Bylaw No. 7507- 2018 be forwarded to the November 27, 2018 Council Meeting for first and second reading. COUNCIL WORKSHOP AGENDA November 20, 2018 1:30 p.m. Blaney Room, 1st Floor, City Hall The purpose of the Council Workshop is to review and discuss policies and other items of interest to Council. Although resolutions may be passed at this meeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to staff for more information or clarification. The meeting is live streamed and recorded by the City of Maple Ridge. Council Workshop Agenda November 20, 2018 Page 2 of 3 4.4 Council Procedure Bylaw Discussion Staff report dated November 20, 2018 recommending that staff prepare a Council Procedure Bylaw based upon input from Council. 5. CORRESPONDENCE 5.1 Upcoming Events November 22, 2018 7:00 p.m. Maple Ridge Community Foundation Grants Presentation Ceremony, the ACT Arts Centre, 11144 Haney Place, Maple Ridge, BC Organizer: Maple Ridge Community Foundation November 24, 2018 9:00 a.m. to 2:00 p.m. Christmas Bazaar, Golden Ears United Church, 22165 Dewdney Trunk Road, Maple Ridge, BC Organizer: Golden Ears United Church November 24, 2018 11:00 a.m. to 2:00 p.m. The Hive Children’s Clothing Freecycle, Eric Langton Elementary, 12138 Edge Street, Maple Ridge, BC Organizer: The Hive Neighbourhood Centre November 24, 2018 1:30 p.m. to 3:00 p.m. 16th Annual Christmas Country Benefit Concert for Meals on Wheels, the ACT Arts Centre, 11144 Haney Place, Maple Ridge, BC Organizer: Maple Ridge Pitt Meadows Community Services November 26-30, 2018 7:30 p.m. to 9:30 p.m. Mamma Mia, Garibaldi Secondary Theatre, 24789 Dewdney Trunk Road, BC Organizer: Garibaldi Secondary School November 28, 2018 7:30 a.m. to 9:30 a.m. 7th Annual Dignity Breakfast, South Bonson Community Centre, 10932 Barnston View Road, Pitt Meadows, BC Organizer: The Salvation Army and Ridge Meadows Ministries November 29, 2018 7:00 p.m. Elvis: A Christmas Special, the ACT Arts Centre, 11144 Haney Place, Maple Ridge, BC Organizer: The ACT November 30, 2018 8:30 a.m. to 9:30 p.m. Operation Red Nose Kickoff, Maple Ridge Towing, 23283 McKay Avenue, Maple Ridge, BC Organizer: KidSport Maple Ridge/Pitt Meadows Council Workshop Agenda November 20, 2018 Page 3 of 3 6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL 7. MATTERS DEEMED EXPEDIENT 8. MAYOR AND COUNCILLORS’ REPORTS 9. ADJOURNMENT Checked by: ___________ Date: ________________ City of Maple Ridge TO: His Worship Mayor Michael Morden MEETING DATE: November 20, 2018 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Cannabis Retail Processing and Evaluation Criteria - Discussion Paper EXECUTIVE SUMMARY: With Cannabis becoming a legally controlled substance on October 17, 2018, Maple Ridge Council has approved amendments to the Zoning Bylaw and Business Licencing and Regulation Bylaw to allow for cannabis retail stores. On October 2, 2018 Council passed the following resolution: “That staff prepare a policy and formalized procedures for reviewing, evaluating and approving applications for cannabis retail stores.” Given that the Federal, Provincial and City of Maple Ridge Zoning framework for Cannabis Retail sales is better understood, it is timely to consider how the City will evaluate applications received from the Liquor and Cannabis Regulation Branch (LCRB). The purpose of this report is to present a draft Council Policy establishing evaluation criteria. The “Cannabis Retail Store Processing and Evaluation Criteria” Council Policy (Appendix A) is intended to ensure that all applications for a Private Cannabis Retail Store will be processed in a fair and transparent manner, and that Council will have all relevant information, before being asked to deliberate on an application. Key to the draft policy is knowing the location of proposed Government Cannabis Retail Stores prior to reviewing private applications, and noting a preference for Government Stores given the Provincial Governments proven track record in distributing a controlled substance; commitment to staff training; and support for the creation of stable, well paying jobs in the community. RECOMMENDATION: That Council Policy “Cannabis Retail Store Processing and Evaluation Criteria” be forwarded to the next Regular Council meeting for consideration of adoption. BACKGROUND: a)History Cannabis became a legal controlled substance on October 17, 2018, when applicable Federal laws came into full effect. Similar to other Lower Mainland municipalities, Maple Ridge has taken 4.1 - 2 - a measured approach to date. On March 27, 2018, Council adopted Bylaw No. 7428 -2018 to prohibit the retail sale of cannabis in all zones in Maple Ridge (under application # 2018-022-RZ). This measure was considered to be prudent and an interim step prior to eventual legalization of recreational cannabis. It effectively prevented illegal dispensaries from becoming legally non- conforming upon legalization. The intention was to later consider bylaw amendments once the use was legal and Federal and Provincial regulations were in place. On September 4, 2018, Council directed staff to prepare bylaw amendments to direct the retail sales of non-medical cannabis. The zones that were considered appropriate for this use were CS- 1 Highway Commercial, C-2 Community Commercial, and C-3 Town Centre Commercial with prescribed separation requirements from schools and other cannabis retail outlets. The Zone Amending Bylaw was granted first and second Readings at the September 18, 2018 Council meeting, and was presented at the October 9, 2018 Public Hearing. The Bylaw received third and final Reading on October 16, 2018. Council also directed staff to prepare amendments to the Business Licence and Regulation Bylaw to provide definitions, a category, and establish a fee for a Cannabis Retail store business licence. This Bylaw was granted final reading and approved on October 16, 2018. On October 2, 2018, Council passed the following Resolution: “That staff prepare a policy and formalized procedures for reviewing, evaluating and approving applications for cannabis retail stores.” b) Federal, Provincial and Municipal Jurisdiction A summary of responsibilities as they involve Federal, Provincial and Local governments is provided below. i. Government of Canada Under the new legislation, the Federal Government is responsible for establishing and maintaining a comprehensive and consistent national framework for regulating production, setting standards for health and safety, and establishing criminal prohibitions. ii. Province of British Columbia: Application Process for Cannabis Retail Through the Liquor and Cannabis Regulation Branch (LCRB), the Provincial Government will be issuing licences for non-medical cannabis retail stores. Licence applications for private retail stores are first submitted to the LCRB, who will then notify the local government of the area where the proposed store will be located. From the outset, the proposed retail store must be a stand alone business. The issuance of any Provincial licence will require the input and a positive recommendation from the affected local government. City staff have been advised that Government owned and operated stores will not be referred to local governments for review and comment . Although the Province has immunity from local government zoning regulations, Provincial staff have further advised that it is their intention to comply with local zoning bylaws, and seek zoning approvals if necessary. If the local government chooses to make comments and recommendations on a licencee’s application to the LCRB, it must gather the views of residents (the City of Maple Ridge has an established practice in place for the issuance of liquor licence retail stores). If the local government makes a positive recommendation, the LCRB has discretion whether or not to issue the licence, but - 3 - must consider the local government’s recommendation. The local government has the ability to charge an application fee for cost recovery for the purpose of assessing applications. Required information for the Provincial Licence includes:  Background checks  Company information and names of partners, shareholders, directors/officers and/or senior management  Proposed location information, including addresses, parcel identification, proof of o wnership or a fully executed lease and floor plan; and  Proposed store name, which must be approved by the LCRB. Advertising and promotion must comply with Federal Legislation and regulations, and any names linked with selling medicines (i.e. pharmacy, dispensary) are not permitted. In terms of store operations, Provincial requirements include applicants providing information on floor plan requirements, physical security, store exterior, signage and storage. Refer to Appendix B for the summary of Provincial licencing requirements. City staff has been in discussion with the LCRB and have been advised that the Province is interested in opening one or two government cannabis stores in Maple Ridge, with a preference for operating 2 stores (one in the Town Centre and the other in West Maple Ridge). They have retained the services of a Realtor to assist with the location of a suitable site and Economic Development is actively working with the Province in the search for appropriate sites. Once the locations of potential stores have been confirmed, the Province will submit a letter of intent advising the City of the selected sites. The LCRB have provided the City with the following information:  “Store staffing” o stores in larger municipalities will have approx. 12-20 employees (manager, assistant manager, approximately 8 full time Cannabis Consultants, 8 part time Cannabis Consultants) o stores in smaller municipalities will have approx. 6-12 employees (manager, assistant manager, approximately 6 full time Cannabis Consultants, 6 part time Cannabis Consultants)  Manager salary range: $46,000 - $75,400 per annum  Assistant store manager salary range: $46,337.21-$52,488.28 per annum  Cannabis Consultant hourly wage range: $20.40 - $23.63 hourly  All staff is required to complete 1 day training (Keep It Safe) which covers best practices for dealing with unruly customers or violent situations, understanding cannabis related laws and strategies for maintaining a safe environment for employees and customers. For example, there must be at least 2 employees in the store at all times.  BC Cannabis Stores have a 2 ID policy. Customers must show two pieces of ID, one of which must be issued by a government agency and includes their name, birth date, and picture. The second must include an imprint of their name, signature and/or picture. Staff are provided training on conducting ID checks and identifying signs of altered ID documents.  All cannabis products carried by BC Cannabis Stores are sourced from federally licenced cannabis producers that are required to meet Health Canada’s guidelines for quality control, production practices, and inventory management.” - 4 - i. Local Governments: Within their geographical limits, British Columbia municipalities have regulatory powers in permitting cannabis retail stores. These powers include: zoning bylaw restrictions regarding the location and siting of cannabis retail stores, business licencing bylaws that can limit the hours of operation, or sign bylaws to specify signage requirements. As noted earlier in this report, on October 16, 2018 Maple Ridge Council approved a Zone Amending Bylaw that will allow for Cannabis Retail sales in the C-2 Community Commercial, C-3 Town Centre Commercial and CS-1 Service Commercial zones, subject to satisfying minimum distances established in the Bylaw. Specifically, a cannabis retail use is not permitted within 1000 metres of another cannabis retail location, nor 200 metres from an elementary or secondary school. The 1000 metre separation could effectively place a cap on the number of Cannabis Retail operations in the Town Centre to 1 or 2 stores. Now that the land use framework is better understood, it is timely to consider options for receiving and processing application referrals for Cannabis Retail Sales, as received from the Province. DISCUSSION: To date, there have been numerous inquiries by prospective cannabis retail operators, and the City has received 3 formal applications. Pursuant with the Provincial process, the City has provided comment on compliance or non-compliance with zoning, and is awaiting the Provincial analysis of these applications prior to conducting further municipal review. If the number of inquiries is indicative of the number of applications that will be forwarded by the Province, our best guess is that Council may be in receipt of 3 to 10 referrals. It is noted that despite an application’s compliance with the City Zoning Bylaw, Council is not obligated to support any application. a) Timing of Commencement of Referrals Throughout the legalization period, there have been concerns raised regarding security, level of Provincial over-sight, and quality of operator in terms of dealing with nuisances and being a good neighbour – most of which are very difficult for local Bylaw enforcement to address. As a response to such concerns, the City of Burnaby adopted Zoning Bylaw amendments which will only permit government operated cannabis stores, noting that the City wants to ensure cannabis is distributed in a responsible manner and does not fall into the hands of minors; and the Provincial Government has experience in handling a controlled substance and a strong track record of checking identification. The City of Maple Ridge Zoning Bylaw does not distinguish between Government and privately operated cannabis stores. However, in reviewing the information provided by the LCRB regarding staff training, track record and paying employees a living wage, there appears to be a benefit to having Government operated stores in the community. For this reason, the draft Council Policy notes a preference for Government Cannabis Stores. As noted earlier in the report, the LCRB been advised that the Province is interested in opening one or two Government Cannabis Retail Stores in Maple Ridge. They have retained the services of a Realtor to assist with the location of a suitable site and Economic Development is actively working with the Province in the search for an appropriate site. Given the possibility that the Provincial sites may not be appropriately zoned, it is important that Council know of their location when reviewing referrals from the Province for Private Cannabis Stores. For this reason, staff recommends that the review of referrals from the LCRB not commence until the LCRB have confirmed the location of - 5 - Government Cannabis Retail Stores in the community. The draft policy states that reviews of referrals from the LCRB will not commence until the City has received a Letter of Intent from the Province advising of the location(s) of proposed Government Cannabis Retail Stores. This approach is considered advantageous because:  It gives preference to Government operated stores which have a proven track record in handling a controlled substance;  Supports the creation of stable and well paying jobs in the community; and  It would allow for Private stores in locations where a Government Operated store is not being located. The Alternative to this approach would be to not require information regarding the location of Government Stores prior to commencing a review of referrals from the LCRB for Private Cannabis Retail Stores. While this could be a more timely approach for applicants, it is not recommended because it could eliminate the potential of having a Government Cannabis Retail Store in the community. b) Processing: A municipal scan of other local governments has identified that there are two approaches to the processing of applications: reviewing them in the order that they are received; or reviewing them as a group. Staff recommends all applications be reviewed as a group. Under this scenario, staff would hold all applications for a specified period of time and present all applications as a group for Council consideration. The advantages of this approach include:  Allows for a comparison of all applications at once;  Provides applicants time to submit a thorough application; and  Gives staff the ability to compare and analyze the advantages and disadvantages of each application for Council consideration. The Alternative would be to bring applications forward as they are received. It is not recommended because: the first application supported may be approved by the Province, and becomes the only store allowed within 1000 metres; does not allow Council to compare applications; and the application process becomes a race for time, as opposed to having a focus on a quality submission. c) Cannabis Retail Store Evaluation Criteria Policy: As noted earlier in this report, despite an applications compliance with the City Zoning Bylaw, Council is not obligated to support an application for cannabis retail store use, and other matters may be taken into consideration. A scan of other local governments across the Country identified that many municipalities have established a set of criteria that will be used to evaluate Cannabis Retail applications. In order to ensure that all applications are dealt with consistently, and that Council has a formal process for approval, staff has drafted a Council Policy that establishes process and evaluation criteria for applications. The Policy is attached as Appendix A but the Procedure is as follows: - 6 - Procedure Overview: 1. The review of applications for Private Cannabis Retail Stores will commence upon receipt of a Letter of Intent from the LCRB confirming their intention to operate a Government Cannabis Retail Store at a specific civic address/location. 2. Application/referral for a Private Cannabis Retail Store is received from the LCRB. 3. Application is checked for Zoning and Official Community Plan compliance. a. If the application is not compliant with Zoning, the LCRB will be advised the application is denied. The applicant will further be advised that, where compliant with OCP designation, a rezoning application could be made to rezone the property to permit the use. b. If the application is compliant with Zoning: i) the LCRB will be advised the application is compliant with zoning and be requested to proceed with their analysis of the application. The City will do no further review of the application until the LCRB analysis is complete and is referred back to the City; and ii) applicants will be advised that “Private Cannabis Retail Store Business Plan and Community Impact Overview” section of the Policy must be completed by the applicant and received by the City before further review of the application occurs. 4. Letters will be mailed to all property owners within 200 metres of the proposed store. 5. Referral to RCMP for input. 6. Once all information is received, a staff Cannabis Application Review Panel comprising of representatives from various City Departments, will evaluate each application based on Sections 9 and 10 of this Policy. Other pertinent information may also be considered. 7. A Council report will be prepared including an assessment of the applications in regards to the policy, a location map, the location of intended Government Cannabis Retail Store(s), and other pertinent information. 8. Council will make a recommendation to the LCRB for each application Evaluation Criteria: The Evaluation criteria is a list of items that will be considered when evaluating the merits of each application. It is noted that the policy and procedures do not include regulations that are in the purview of the Provincial Government regulation, rather the policy focuses on municipal concerns. For example, the policy criteria include land use, public and RCMP input and compliance history. Refer to Section 9 and 10 in the policy for details. INTERGOVERNMENTAL ISSUES: The introduction of this policy and procedure is not meant to supersede the regulations and enforcement done by the Liquor and Cannabis Regulations Branch. - 7 - CITIZEN/CUSTOMER IMPLICATIONS: This policy will include a notification to the surrounding properties and ensure that all affected parties will have input into the review process. The Policy ensures that all applications will be processed in a fair, transparent and consistent manner. INTERDEPARTMENTAL IMPLICATIONS: A Cannabis Review Panel is being formed which will be comprised of representatives from various City Departments. CONCLUSION: The adoption of the Cannabis Retail Store Processing and Evaluation Criteria Policy will establish a formalized process for the review of Private Cannabis Retail Store applications. This policy will include a notification to the surrounding properties and ensure that all affected parties will have input into the review process. The intent of the Policy is to ensure that all applications will be processed in a fair, transparent and consistent manner, and that Council will have all relevant information before being asked to deliberate on an application. Key to this is receiving confirmation from the LCRB regarding the location(s) of Government cannabis retail stores ; noting a preference for the Government stores given a proven track record in distributing a controlled substance, staff training, and the creation of stable, well paying jobs in the community. “Original signed by Robin McNair” _______________________________________________ Prepared by: Robin McNair Senior Advisor, Bylaw and Licencing Services “Original signed by Christine Carter” _______________________________________________ Prepared by: Christine Carter M.PL., MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA. P.Eng GM: Public Works & Development Services “Original signed by Paul Gill” _______________________________________________ Concurrence: Paul Gill, BBA, CPA, CGA Chief Administrative Officer The following appendices are attached hereto: Appendix A - Draft Council Policy - Cannabis Retail Store Processing and Evaluation Criteria Appendix B - Province of British Columbia – Cannabis Licencing Summary Page 1 of 4 Policy POLICY MANUAL Title: Cannabis Retail Store Processing & Evaluation Criteria Policy No: Supersedes: New Authority: Legislative Operational Approval: Council CMT General Manager Effective Date: TBD Policy Statement: This policy applies to all referrals from the Liquor and Cannabis Regulation Branch (LCRB) regarding applications for Private Cannabis Retail Stores. A. That the location of Government Operated Cannabis Store(s) be confirmed by receipt of a Letter of Intent from the LCRB before commencing a review of Private Cannabis Retail Stores. B. All applications for Private Cannabis Retail Stores referred from the LCRB will be reviewed as a group. The Initial Intake of application referrals will be held until Section A is satisfied; and for a period of 90 days following receipt of the first complete application from the LCRB. Referrals received after the initial intake period may be held if the LCRB advises there are other applications under review that will be referred to the City. If no other applications are being reviewed by the Province, the applications may be reviewed, on a case by case basis, at the discretion of Council. C. In the event of a Government Cannabis Retail Store and Private Cannabis Retail Store being proposed within 1000 metres of each other, preference will be given to the Provincial store in recognition of Provincial immunity to local land use regulation; a strong track record of handling a controlled substance and checking identification to ensure that cannabis does not fall into the hands of minors; and support for the creation of stable, well paying jobs in the community. D. Regardless of compliance with City Zoning Bylaw regulations, Council is not obligated to support an application for a Private Cannabis Retail Store. Procedure Overview: 1.The review of applications for Private Cannabis Retail Stores will commence upon receipt of a Letter of Intent from the LCRB confirming their intention to operate a Government Cannabis Retail Store at a specific civic address/location. 2.Application/referral for a Private Cannabis Retail Store is received from the LCRB. 3.Application is checked for Zoning and Official Community Plan compliance. a.If the application is not compliant with Zoning, the LCRB will be advised the application is denied. The applicant will further be advised that, where compliant with OCP designation, a rezoning application could be made to rezone the property to permit the use. b.If the application is compliant with Zoning: i)the LCRB will be advised the application is compliant with zoning and be requested to proceed with their analysis of the application. The City will do no further review of the APPENDIX A Page 2 of 4 Policy application until the LCRB analysis is complete and is referred back to the City; and ii)applicants will be advised that “Private Cannabis Retail Store Business Plan and Community Impact Overview” section of the Policy must be completed by the applicant and received by the City before further review of the application occurs. 4.Letters will be mailed to all property owners within 200 metres of the proposed store. 5.Referral to RCMP for input. 6.Once all information is received, a staff Cannabis Application Review Panel comprising of representatives from various City Departments, will evaluate each application based on Sections 9 and 10 of this Policy. Other pertinent information may also be considered. 7.A Council report will be prepared including an assessment of the applications in regards to the policy, a location map, the location of intended Government Cannabis Retail Store(s), and other pertinent information. 8.Council will make a recommendation to the LCRB for each application 9.Private Cannabis Retail Store Business and Community Impact Overview: In addition to Provincial requirements, applications for Private Cannabis Retail Stores will be evaluated on the viability of the business operation. The City is committed to ensuring each retail store will be an appropriate fit, and a good community partner. Applicants must provide a thorough submission in order for the City to conduct its review. This submission must include: a)Business overview. Please provide a business description, number of staff, how the business will operate and be in compliance with all provincial regulations; how minors will be prevented from purchasing cannabis; and how provincial identification requirements will be met. b)Details of signage to demonstrate compliance with Provincial and Municipal regulations. c)Information regarding availability of parking on the site and adjacent to the store. d)Community benefit. Please provide details of contributions or supports to non-profit organizations or local community groups etc. Demonstrate how your business will be a good community partner. e)Details of mitigation plan to minimize community impact. Page 3 of 4 Policy 10.APPLICATION REVIEW CRITERIA: To be completed by Cannabis Review Committee Requirement Zoning Bylaw Requirements*: Check Appropriate Box / Note Zone Complies  Zoning Map – prepared at a scale of 1:2000 Include the location of any site being considered by the LCRB for a Government Store Surrounding Land Use: North: South: East: West: Public Input # or % Comments Number of letters mailed Number of responses received of total number of letters mailed Percentage supportive of total number of letters mailed Percentage non-supportive of total number of letters mailed RCMP Input Y/N Comments No issues Issues: Comments Parking Details Y/N Details On Site On Street Compliance History Y/N Details Compliant Non-Compliant: Details Business Plan Y/N Details Not Submitted Submitted: Details Community Benefit – applicant has identified contribution to the community Y/N Details No Yes: Details Community Impacts – applicant has identified possible negative impacts and provided a plan to mitigate impacts Y/N Details No Yes: Details Page 4 of 4 Policy Definitions: Private Cannabis Retail Store: means a retail use devoted to sales of non-medical cannabis products in accordance with Federal and Provincial Regulations, which is operated by any individual, partnership, corporation or Indigenous nation that holds a British Columbia cannabis licence. Government Cannabis Retail Store: means a retail use devoted to sales of non-medical cannabis products in accordance with Federal and Provincial Regulations, which is operated by the Province of British Columbia. LCRB Letter of Intent: means correspondence from the Provincial Government advising of the Provincial intent to open and operate a Government Cannabis Retail store at an identified location(s). Exemptions: Government Cannabis Retail Stores are not subject to this policy. Key Areas of Responsibility: Action to Take Staff Cannabis Application Review Committee will review all applications to determine compliance with the Cannabis Retail Store Processing and Evaluation Criteria Policy. Responsibility Bylaw & Licencing Services Planning Department APPENDIX B Doc # 2072788 Page 1 of 2 City of Maple Ridge TO: His Worship Mayor Michael Morden MEETING DATE: November 20, 2018 and Members of Council FILE NO: 2072788 FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Update on Alouette River Ecosystem Partnership EXECUTIVE SUMMARY: Earlier this year, BC Hydro notified the City of Maple Ridge and other stakeholders of its intention to apply to renew a water use licence related to the Alouette-Stave-Ruskin hydroelectric system. In response, the City of Maple Ridge, Katzie First Nation, Kwantlen First Nation and the Alouette River Management Society formed the Alouette River Ecosystem Partnership (AREP) to prepare a strong and aligned request to BC Hydro regarding this application, the intent of which is outlined in the attached Memorandum of Understanding (MOU). The Mayor’s position was previously identified as the City’s representative on this group. The purpose of this report is to provide Council with a brief overview of the work done to date. RECOMMENDATION: For information [no recommendation]. DISCUSSION: a)Background Context: On May 25, 2018, an initial meeting was held between the City of Maple Ridge, Katzie First Nation, Kwantlen First Nation and the Alouette River Management Society (ARMS) regarding BC Hydro’s intention to apply for a renewed water licence in the Alouette Watershed. Following that meeting, each body sought approval from their Council or Board to enter into a Memorandum of Understanding that would create a strong and aligned response to BC Hydro’s licence renewal application. On August 31, 2018, BC Hydro and the Ministry of Forests, Lands, Natural Resource Operations & Rural Development were advised in writing that the AREP group had formed and to express the Partnership’s desire to see the restoration of the Alouette River ecosystem through the water licence application process. Both letters are attached for information. On September 28, 2018, the AREP signed an MOU that was subsequently shared with BC Hydro, the media and community. In response to the Partnership’s letter, BC Hydro indicated a willingness to begin discussions with the AREP, and a workshop is now being planned to inform all involved of the work done to date by each agency and Nation so that everyone understands what will need to happen in 4.2 Doc # 2072788 Page 2 of 2 order to be successful. This will include presentations by Katzie First Nation and Kwantlen First Nation on traditional knowledge, by ARMS on their work to date, and by BC Hydro on the various studies and projects that they have conducted or which are in progress. It is anticipated that this workshop will take place in early 2019. b) Desired Outcome: The desired outcome is to secure an agreement with BC Hydro and the Province of BC and to establish a set of recommendations that serve to create a functioning watershed ecosystem in the Alouette Watershed, including a scientifically-sound permanent fish passage that reconnects, in as natural a manner as possible, the watershed above and below the Alouette Dam for all species of salmon and freshwater species; enhances wildlife resources; and collaboratively develop recreational and education opportunities. c) Citizen/Customer Implications: The Alouette River Management Society has been actively involved in negotiations with BC Hydro on these matters for many years, and represents a highly engaged segment of citizens on this matter. In addition, the AREP recognizes the larger community’s interest in protecting the Alouette River ecosystem, and has worked to ensure public awareness of the formation of the AREP and the purpose of the MOU. Continued updates to the public will be made as this work progresses. Business Plan/Financial Implications: The City of Maple Ridge agreed to provide the financial and human resources support required to engage a contracted project facilitator and legal counsel in the event that advice on this front would be beneficial. Costs are anticipated to be in the range of $10,000 – $15,000. In addition, Kwantlen First Nation and Katzie First Nation have hosted significant gatherings that included the provision of meals to the AREP group and to BC Hydro to support a positive beginning to this work together. CONCLUSIONS: The City of Maple Ridge has a vested interest in the preservation, protection and improvement of the Alouette Watershed, and has recognized the importance of the watershed to Katzie First Nation, Kwantlen First Nation, and the larger community. Updates will be provided to Council and the community as the water licence renewal process moves forward. “Original signed by Kelly Swift” Prepared by: Kelly Swift, MBA General Manager Parks, Recreation & Culture “Original signed by Paul Gill” Concurrence: Paul Gill, BBA, CPA, CGA Chief Administrative Officer Attachments: (1) 2018-09-28 Alouette River Ecosystem Partnership Memorandum of Understanding (2) 2018-08-31 Letter to Dave Hunter, BC Hydro (3) 2018-08-31 Letter to Ted White, Ministry of Forests, Lands, Natural Resource Operations 1 City of Maple Ridge TO: His Worship Mayor Michael Morden MEETING DATE: November 20, 2018 and Members of Council FILE REFERENCE: 2018-409-RZ FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Residential Infill Policy and Bylaw Introduction EXECUTIVE SUMMARY: In July 2018 Council passed the following resolution: That staff be directed to prepare amendments to the Official Community Plan and Zoning Bylaw to create a new single family infill zone with a minimum lot area of 450 m2 and a minimum lot width of 12 m, in conjunction with rezoning application 2016-411-RZ. This work forms part of the implementation of the Housing Action Plan and follows a series of reports and presentations to Council. The purpose of this report is to provide Council with the background analysis and proposed new R-4 (Single Detached (Infill) Urban Residential) zoning regulations for review and discussion prior to introducing the necessary bylaw amendments to Council at the November 27, 2018 Council meeting. In order to implement the new zone, amendments to the OCP, Zoning Bylaw and Subdivision and Development Servicing Bylaw are required (see Appendix A,B and C for the draft amending bylaws). In anticipation of the new R-4 zone, this report also notes that a rezoning application (2016-411-RZ) for 21188 Wicklund Avenue to create two single-family lots has requested first reading consideration. Rezoning application 2016-411-RZ is the first development to propose the new R-4 (Single Detached (Infill) Urban Residential) zone. RECOMMENDATION: That Official Community Plan Amending Bylaw 7493-2018, Zone Amending Bylaw No. 7504-2018, and Subdivision and Development Servicing Amending Bylaw No. 7507-2018 be forwarded to the next Council meeting scheduled for November 27, 2018, to be considered for first and second reading. BACKGROUND: The adopted Housing Action Plan implementation program recommends amending bylaws to facilitate further infill in residential areas. Since the adoption of the Housing Action Plan, staff have been bringing forward a series of reports and presentations to further housing choice in the community. Furthermore, staff were given additional direction in April 2017 to analyze the implications of allowing the subdivision of lots with areas and widths less than 80% of the existing neighbourhood, as prescribed in OCP Policy 3-19 for Urban Residential - Neighbourhood Residential designated properties. At a Council Workshop held on July 17, 2018, staff presented its analysis undertaken as part of the infill policy review. The outcome of that policy review was the following resolution directing staff to move forward with OCP and Zone Amending Bylaws: 4.3 2 That staff be directed to prepare amendments to the Official Community Plan and Zoning Bylaw to create a new single family infill zone with a minimum lot area of 450 m2 and a minimum lot width of 12 m, in conjunction with rezoning application 2016-411-RZ. DISCUSSION: With the intent to inform Council of the residential infill work undertaken to date, this report presents below the purpose of OCP Policy 3-19, the intent of the Council directed infill research, and the proposed R-4 (Single Detached (Infill) Urban Residential) zoning regulations. If Council is supportive of the proposed new zone, the staff recommendation is to bring forward the necessary amendments to the Official Community Plan, Zoning Bylaw and Subdivision and Development Servicing Bylaw to create the new R-4 (Single Detached (Infill) Urban Residential) zone at the following November 27, 2018 Council meeting. Planning Analysis: The City’s OCP infill policies for Urban Residential - Neighbourhood Residential designated properties are designed to permit properties that are larger in area and width in relation to surrounding properties on the street to subdivide into smaller parcels. OCP Policy 3-19 establishes the extent to which larger lots may subdivide; namely, that such subdivision must maintain lot areas and widths that are not less than 80% of those prescribed in the neighbourhood’s predominant zoning. In most cases, the predominant zone in mature areas of Maple Ridge is the RS-1 (One Family Urban Residential) zone, with a lot size of 668 m2. Under the current OCP Policy 3-19, larger lots can rezone and subdivide into RS-1b (One Family (Medium Density) Residential) lots, with a lot size of 557 m2. This reduction in lot size represents 80% of the RS-1 (One Family Urban Residential) zoned lots. The next lot size down from the RS-1b (One Family (Medium Density) Residential) sized lots is the R-1 (Residential District) zone. This zone has a lot size of 371 m2, which represents a 56% reduction to the predominant RS-1 (One Family Urban Residential) zone. Discussions with Council concluded that the R-1 (Residential District) zone lot size did not meet the neighbourhood compatibility requirements. To support OCP compatibility criteria and ensure neighbourhood fit of infill development, a new zone with a larger minimum lot size than R-1 (Residential District) was proposed. The proposed R-4 (Single Detached (Infill) Urban Residential) zone (see Appendix B) will be equivalent to 80% of the RS-1b (One Family (Medium Density) Residential) zone, with a minimum lot area of 450m² and a minimum lot width of 12 m, consistent with the existing transition between the RS-1 (One Family Urban Residential) and RS-1b (One Family (Medium Density) Residential) zones. The creation of an additional single-family zone will fill the existing gap in the suite of zones; and could offer a sensitive transition option for infill development. A scan of the infill areas indicates that there are approximately 111 eligible properties for subdivision using the R-4 (Single Detached (Infill) Urban Residential) zone. The proposed OCP amendment to Policy 3-19 (see Appendix A), if approved, would permit properties that do not have sufficient area and lot width for two RS-1b (One Family (Medium Density) Residential) lots to subdivide under the new R-4 (Single Detached (Infill) Urban Residential) zone. Further, the proposed amendment to the Subdivision and Development Servicing Bylaw would ensure that any infill development delivers a consistent standard of servicing as other urban forms of development. 3 Lastly, the R-4 (Single Detached (Infill) Urban Residential) zone would also address some of the typical concerns raised by neighbours in proximity to an infill development. As new construction can often maximize the allowable height permitted under the zoning requirements, the new infill zone would have a lower height maximum of 9.5 m compared to the typical 11 m to ensure better compatibility with existing (and often smaller) developments. A maximum height of 9.5 m would still permit a two storey home to be constructed. Additionally, front yard and side yard setbacks would also be enlarged to reflect RS-1 (One Family Urban Residential) zone requirements, so that the siting of the homes is more consistent with existing homes. Rezoning Application 2016-411-RZ In anticipation of the new R-4 zone, this report also notes that a rezoning application (2016-411-RZ) for 21188 Wicklund Avenue to create two single-family lots has requested first reading consideration. Rezoning application 2016-411-RZ is the first development to propose the new R-4 (Single Detached (Infill) Urban Residential) zone. Council’s consideration of this application was part of the impetus to advance consideration of a new zone. CONCLUSION: In July 2018, Council directed staff to create a new R-4 (Single Detached (Infill) Urban Residential) zone to further create new housing choices for the City’s Urban Residential – Neighbourhood Residential designated properties. This report summarizes the background policy work conducted to date, as directed by Council; and outlines the proposed R-4 (Single Detached (Infill) Urban Residential) zone. The next step in the creation of the new zone is to bring forward necessary OCP, Zoning Bylaw, and Subdivision and Development Servicing Bylaw amendments. It is therefore recommended that Council forward Official Community Plan Amending Bylaw No. 7493 -2018, Zone Amending Bylaw No. 7504-2018, and Subdivision and Development Servicing Amending Bylaw No. 7507-2018 to the November 27, 2018 Council meeting for consideration. ‘Original signed by Amelia Bowden’ _______________________________________________ Prepared by: Amelia Bowden, M.Urb, MCIP, RPP Planner 1 ‘Original signed by Christine Carter’ _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning ‘Original signed by Frank Quinn’ _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services ‘Original signed by Paul Gill’ _______________________________________________ Concurrence: Paul Gill, CPA, CGA Chief Administrative Office Appendix A – Official Community Plan No. 7493-2018 Appendix B – Zone Amending Bylaw No. 7504-2018 Appendix C – Subdivision and Development Servicing Amending Bylaw No. 7507-2018 CITY OF MAPLE RIDGE BYLAW NO. 7493-2018 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________________________________________________ WHEREAS Section 477 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed expedient to amend Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7493-2018" 2.Schedule "A" is hereby amended by inserting the following clause into Policy 3-19 after item 1) a) i., and renumbering subsequent clauses accordingly: ii. notwithstanding item i above, RS-1 (One Family Urban Residential) zoned parent parcels that are unable to satisfy the 80% requirement may be eligible for R-4 (Single Detached (Infill) Urban Residential) zoning subject to satisfying Policy 3-21 3.Appendix C – Zoning is hereby amended by adding the following zone in the Urban Residential Designation: Neighbourhood Residential – Infill category following CD-1-93 Amenity Residential: R-4 (Single Detached (Infill) Urban Residential) 4.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 . ____________________________________________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX A 1 CITY OF MAPLE RIDGE BYLAW NO. 7504-2018 A Bylaw to amend the text of Zoning Bylaw No. 3510 - 1985 as amended ______________________________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7504-2018." 2.That PART 3 BASIC PROVISIONS, SECTION 302 ZONES (1) is amended by inserting the following between “R-3 Special Amenity Residential” and “CD-1-93 Amenity Residential District” and renumbering accordingly: R-4 (Single Detached (Infill) Urban Residential) 3.That Part 6 RESIDENTIAL ZONES Section 601 ONE FAMILY AND TWO FAMILY RESIDENTIAL ZONES Subsection A. PERMITTED USES OF LAND, BUILDINGS AND STRUCTURES is amended by the addition of the following bolded column after R-3: R-4 Agriculture One Family Residential  Two Family Residential Boarding  Accessory Residential  Accessory Home Occupation  Accessory Off-Street Parking  Accessory Employee Residential Accessory Produce Sales Elderly Citizens Residential Temporary Residential (subject to Section 402)  Rental Stable Temporary Tourist Accommodation  Secondary Suite Residential  Hobby Kennel Neighbourhood Daycare Detached Garden Suite Hobby Beekeeping Use (subject to Section 402) Density Bonus Option (subject to Section 402) Medical Marihuana, Commercial Production APPENDIX B 2 4. That Part 6 RESIDENTIAL ZONES Section 601 ONE FAMILY AND TWO FAMILY RESIDENTIAL ZONES is amended by inserting the following after Section 601C “R-3 Special Amenity Residential District” and renumbering accordingly: 601D R-4 (Single Detached (Infill) Urban Residential) A. PERMITTED USES Subject to the regulations of Section 401 and Section 601, the following uses and no others shall be permitted in the R-4 (Single Detached (Infill) Urban Residential) zone: 1.One Family Residential (limited to one per lot) 2.Boarding use (Section 401 and 601) 3.Accessory residential use 4.Accessory home occupation use (Section 402) 5.Accessory off-street parking use 6.Temporary tourist accommodation use (Section 601) 7.Temporary residential use (Section 402) 8.Secondary suite residential (Section 402) B. DENSITY 1.No building or structures containing floor area enclosed within the building or structures shall exceed a floor space ratio of 0.6 times the net lot area. 2.Buildings and structures together shall not exceed a lot coverage of 40%. C. AREA AND DIMENSIONS 1.Lot Area a)No person shall create a lot which is less than 450.0 square metres. 2.Lot Dimensions a)Width: (i) No person shall create a lot which is less than 12.0 metres in width. (ii) For a lot on a street corner, no person shall create a lot which is less than 13.5 metres in width. b)Depth: (i) No person shall create a lot which is less than 24.0 metres in depth. 3 D. HEIGHT 1.All buildings and structures for a one family residential use shall not exceed a height of 9.5 metres. 2.All buildings and structures for an accessory building or structure shall not exceed a building height of 4.5 metres. E. YARD REQUIREMENTS 1.Regulations for the size, shape and siting of a one family residential building shall be sited not less than: (a) 6.0 metres from a front and rear lot line (b) 1.5 metres from an interior side lot line (c) 3.0 metres from an exterior side lot line 2.Regulations for buildings and structures for Accessory Residential Use and Accessory Off-Street Parking Use shall be sited not less than: (a) 6.0 metres from a front lot line (b) 1.0 metre from a rear lot line and interior side lot line (c) 3.0 metres from an exterior side lot line (d) 1.5 metres from a building for a residential use F. OTHER REGULATIONS 1.Off-street parking spaces shall be provided in accordance with "Maple Ridge Off Street Parking and Loading Bylaw No. 4350 - 1990." 2.A residential use shall be permitted only if the site is serviced to the standard set out in Maple Ridge Subdivision and Development Servicing Bylaw No. 4800 - 1993 as amended. 5.That Schedule “D” MINIMUM LOT AREA AND DIMENSIONS be amended by adding the following after “R-3” R-4 12 m 24 m 450 m2 6.Maple Ridge Zoning Bylaw No. 3510 - 1985 is hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7507 - 2018 A Bylaw to amend the text of Maple Ridge Subdivision and Development Servicing By-law No. 4800 - 1993 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Subdivision and Development Servicing By-law No. 4800 - 1993 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Subdivision and Development Servicing Amending Bylaw No. 7507-2018". 2.Schedule “A” Services and Utilities, is hereby replaced with Schedule “A” Services and Utilities, attached hereto containing new R-4 zone notations. 3.Maple Ridge Subdivision and Development Servicing By-law No. 4800 - 1993 as amended is hereby amended accordingly. READ a first time the day of ,20 READ a second time the day of ,20 READ a third time the day of ,20 RECONSIDERED AND FINALLY ADOPTED, the day of ,20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C SCHEDULE “A” SERVICES AND UTILITIES All parcels within a proposed subdivision or development shall be provided with services in accordance herewith and all highways within, or immediately adjacent to a proposed subdivision or development shall be constructed in accordance herewith. 6479-2007 6589-2008 ZONE STREETS SERVICES LANES (See Note 5) A-l SD A TB A-2 SD A TB A-3 SD A TB A-4 SD A TB A-5 SD A TB R-l - Note 3 ST W SS SD A C UW BT SW SL TB A R-3 - Note 3 ST W SS SD A C UW BT SW SL TB A R-4 - Note 3 ST W SS SD A C UW BT SW SL TB A RS-l - Note 3 ST W SS SD A C UW BT SW SL TB A RS-la - Note 3 ST W SS SD A C UW BT SW SL TB A RS-lb - Note 3 ST W SS SD A C UW BT SW SL TB A RS-1c - Note 3 ST W SS SD A C UW BT SW SL TB A RS-1d - Note 3 & 4 ST W SS SD A C UW BT SW SL TB A RS-2 W SD A BT SL TB A RS-3 - Note 1 W SD A BT SL TB A SRS - Note 3 ST W SS SD A C UW BT SW SL TB A RE ST W SS SD A C UW BT SW SL TB A RST ST W SS SD A C UW BT SW SL TB A RT-l ST W SS SD A C UW BT SW SL TB A RG ST W SS SD A C UW BT SW SL TB A RG-2 ST W SS SD A C UW BT SW SL TB A RG-3 ST SD A C UW BT SW SL TB A RMH ST W SS SD A C UW BT SW SL TB A RM-l ST W SS SD A C UW BT SW SL TB A RM-2 ST W SS S D A C UW BT SW SL TB A RM-3 ST W SS SD A C UW BT SW SL TB A RM-4 ST W SS SD A C UW BT SW SL TB A RM-5 ST W SS SD A C UW BT SW SL TB A RM-6 ST W SS SD A C UW BT SW SL TB A C-l ST W SS SD A C UW BT SW SL TB A C-2 ST W SS SD A C UW BT SW SL TB A C-3 ST W SS SD A C UW BT SW SL TB A C-4 ST W SS SD A C UW BT SW SL TB A C-4a ST SD A SL TB C-5 ST W SS SD A C UW BT SW SL TB A C-6 ST W SS SD A C UW BT SW SL TB A H-l ST W SS SD A C UW BT SW SL TB A CRM ST W SS SD A C UW BT SW SL TB A CS -1 - Note 2 ST W SS SD A C UW BT SW SL TB A CS-2 - Note 2 ST W SS SD A C UW BT SW SL TB A CS-2a - Note 2 ST W SS SD A UW BT SL TB A CS-3 - Note 2 ST W SS SD A C UW BT SW SL TB A CS-4 - Note 2 ST W SS SD A C TB A CS-5 - Note 2 ST W SS SD A C UW BT SW SL TB A CD-2-85 ST W SS SD A C UW BT SW SL TB A CD-1-86 ST W SS SD A C UW BT SW SL TB A CD-1-87 ST W SS SD A C UW BT SW SL TB A CD-2-87 - Note 1 W SD A BT SL TB A CD-3-87 ST W SS SD A C UW BT SW SL TB A CD-2-88 ST W SS SD A C UW BT SW SL TB A CD-3-88 ST W SS SD A C UW BT SW SL TB A CD-4-88 - Note 2 ST W SS SD A C UW BT SW SL TB A CD-5-88 ST W SS SD A C UW BT SW SL TB A CD-6-88 ST W SS SD A C UW BT SW SL TB A CD-1-89 ST W SS SD A C UW BT SW SL TB A CD-2-90 ST W SS SD A C UW BT SW SL TB A CD-3-90 ST W SS SD A C UW BT SW SL TB A CD-5-90 ST W SS SD A C UW BT SW SL TB A CD-1-92 ST W SS SD A C UW BT SW SL TB A CD-2-92 ST W SS SD A C UW BT SW SL TB A CD-3-92 ST W SS SD A C UW BT SW SL TB A CD-1-93 ST W SS SD A C UW BT SW SL TB A CD-2-93 ST W SS SD A C UW BT SW SL TB A CD-3-93 ST W SS SD A C UW BT SW SL TB A M-l - Note 2 ST W SS SD A C UW BT SW SL TB A M-2 - Note 2 ST W SS SD A C UW BT SW SL TB A M-3 - Note 2 ST W SS SD A C UW BT SW SL TB A M-4 - Note 2 ST W SS SD A C UW BT SW SL TB A M-5 - Note 2 ST W SS SD A C UW BT SW SL TB A P-l - Note 2 ST W SS SD A C UW BT SW SL TB A P-2 - Note 2 ST W SS SD A C UW BT SW SL TB A P-3 - Note 2 ST W SS SD A C UW BT SW SL TB A P-4 - Note 2 ST W SS SD A C UW BT SW SL TB A P-4a - Note 2 ST W SS SD A C UW BT SW SL TB A P-5 - Note 2 ST W SS SD A C UW BT SW SL TB A P-6 - Note 2 ST W SS SD A C UW BT SW SL TB A LEGEND W Water Distribution System SS Sanitary Sewer SD Storm Drainage System A Asphalt C Curbs and Gutters UW Underground Wiring BT Boulevard Treatment SW Sidewalks SL Street Lighting TB Transit Bays ST Street Tree Planting Note 1 Parcels of at least 2.0 ha. in area located in the RS-3 zone may be exempted from the requirements to provide a water distribution system. Note 2 Subdivisions and development in the P-l, P-2, P-3, P-4, P-4a, P-5, P-6, CS-l, CS-2, CS-2a, CS-3, CS-4, CS-5, M-1, M-2, M-3, M-4, M-5 and CD-4-88 zones which are located in the rural area as designated on the Official Community Plan may be exempted from the requirement to provide sanitary sewer systems, underground wiring, boulevard treatment, street tree planting, sidewalks, curbs, and/or street lighting. 7093-2014 Note 3 Parcels created abutting highway rights-of-way serviceable by an existing above ground utility system may be exempted from the requirement to provide underground wiring. This exemption shall not apply when road upgrading of the fronting street to an urban standard as part of the subdivision or development. 5195-1994 Note 4 Subdivisions in the RS-1d zone may be exempted from some of the servicing requirements, provided it is subject to a comprehensive design scheme. 5595-1997 7093-2014 Note 5 Parcels abutting highway rights-of-way serviced by an existing above ground utility system are exempted from the requirement to convert the existing utility system to underground wiring on the abutting highway, provided that the parcel is located within the area identified as the Existing Urban Area as shown on the attached map labeled Schedule “B” and the parcel is serviced by an underground dip connection. Doc # 2081580 Page 1 of 4 City of Maple Ridge TO: His Worship Mayor Michael Morden MEETING DATE: November 20, 2018 and Members of Council FILE NO: Doc # 2081580 FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: Council Procedure Bylaw Discussion EXECUTIVE SUMMARY: A Council Procedure Bylaw is required by Provincial legislation and certain elements are mandatory. Council has the authority to customize specified elements required in the bylaw and allows for some discretion in adding other elements. The bylaw content should allow for an efficient meeting process, while serving to enhance the transparency and accountability of Council’s decision-making process. This report outlines proposed amendments for consideration. Following Council feedback on the proposed amendments, a new Council Procedure Bylaw will be brought to the December 4, 2018 Committee of the Whole meeting. RECOMMENDATION: That staff prepare a Council Procedure Bylaw based upon input from the Council Workshop discussion of November 20, 2018. DISCUSSION: Council meetings are gatherings where Council members make decisions or move toward making decisions. Most meetings are open to the public to facilitate transparency and accountability. Transparency and fairness of meetings and the decision-making process of elected officials are central to the principles of accountable government. To uphold these principles, provincial rules and the Maple Ridge Council Procedure Bylaw govern how meetings are administered. The Local Government Act (LGA) and Community Charter (CC) provide local governments with the authorities needed to hold and conduct various types of meetings. Councils must establish procedures for the conduct of their meetings and for the general conduct of their business. Council may include other matters in a procedure bylaw, provided they do not conflict with other procedures or requirements set out in the Community Charter, other legislation or otherwise established by law. The current Council Procedure Bylaw is attached to this report. It has been annotated to highlight specific content that Council may wish to amend. Explanations for those annotations are repeated below: A.The current bylaw was established in 2007 as Bylaw No. 6472-2007. It has subsequently been revised seven times since then. The bylaw you see attached to this report is not the official bylaw, but rather a consolidated version that represents the original 2007 bylaw and the seven amending bylaws that were subsequently adopted. These consolidated bylaws are often 4.4 Doc # 2081580 Page 2 of 4 produced for convenience. In the absence of it, a reader would need to sift through all the amendments and mark up the original 2007 bylaw to understand the entirety of Council’s intent. Throughout the bylaw in the left margin, the bylaw amendments are noted beside the paragraphs that were amended. B. The 2007 bylaw replaced a 1999 bylaw. It is recommended that the 2007 bylaw and subsequent amendments also be replaced with a new version that incorporates all changes desired by Council, rather than putting through another amendment to the 2007 bylaw. This will allow for some reformatting. C. The “Moment of Reflection” is no longer included as part of the order of business and therefore the definition should be removed. D. The bylaw specifies the current edition of Robert’s Rules of Order as the default parliamentary authority, if a procedure is not spelled out in the bylaw or in other legislation. Provincial legislation is a higher authority than the bylaw, which itself is a higher authority than the default Robert’s Rules. The current edition is Robert’s Rules of Order Newly Revised, 11th edition, commonly referred to as RONR. E. The bylaw should reflect our now-standard practice of also posting to the website. F. Council Workshop is considered a regular Council meeting and covered under Part 2 of this consolidated bylaw. The same procedures apply. Committee of the Whole is covered under Part 20 along with other standing and select committees of Council, including advisory committees. G. Electronic participation in Council meetings can be accommodated. If a Council member wishes to participate electronically, there are guidelines related to providing advance notice and how to use the recommended technology that has been selected in order to provide the best audio and/or video production for the current meeting and recording. The onus is on elected officials to ensure they know the guidelines, and staff are available to provide practice sessions to ensure the best possible outcome. The Chair must make allowances to ensure the member is “present” electronically before taking a vote. H. The Community Charter outlines public notice requirements before a meeting can be held. That includes developing a schedule of regular meetings and annually providing a “section 94 public notice” which for Maple Ridge includes publishing it in the weekly newspaper over two consecutive weeks. Special Council meetings that were not published in the schedule are sometimes required. These can be requested by the Mayor, or at least two Council members. Public notice of 24 hours is required by posting a notice at the posting place outlined in the Council Procedure Bylaw, If a 24-hour notice period cannot be achieved, unanimous approval by all seven Council members is required. I. The bylaw should reflect that minutes of Council meetings include only the resolutions and the names of Council members opposed to the resolutions. J. The business of Council cannot occur unless quorum is present. It is important that Council members let the Mayor and Corporate Officer know as early as possible if they intend to be absent or may be absent from all or a portion of a Council meeting. If quorum unexpectedly occurs, business may not begin (or must stop immediately), causing an inconvenience to Doc # 2081580 Page 3 of 4 Council members, staff and the public in attendance. Council’s Code of Conduct reflects the importance of respectful behaviour, and an element of that includes punctuality, attendance and advance notice of absences. K. A consistent set and order of categories of business on each agenda (“order of business”) is helpful to Council, staff and the public, and aids in the efficient advance preparation of the agenda package. However, from time-to-time Council may wish to change the order. The bylaw should include a provision to do this by resolution. The section “Mayor’s and Councillors’ Reports” should be added to the order of business for regular Council meetings and eliminated from Council Workshop. L. The bylaw should include consistent procedures for Question Period, such as how a citizen should identify themselves, and what to do if they don’t wish to be identified. M. The bylaw should be amended to reflect a release of the resolution only as a default, unless otherwise resolved by Council. N. The bylaw should make reference to the additional guidelines established in a Council-adopted Code of Conduct, as applicable. O. The bylaw should establish the procedure to be used by elected officials to bring forth their own motion. For example, the bylaw might specify the motion must be in writing and included as an agenda package item as a “notice of motion” at a meeting prior to the one during which it would be considered by Council. P. The list of topics specified in the bylaw that will not be entertained by delegations includes the business promotion. This is intended to discourage business people from circumventing the City’s purchasing policy. The reference to connection to City business is intended to keep topics to areas where Council has a level of influence. The above list highlights some of the bylaw content Council may wish to amend. In addition, staff will do some reformatting and look for opportunities to enhance the readability of the bylaw. General Information for Reference - Required Content: Section 124 of the CC requires a Council Procedure Bylaw to include the following components: • the manner in which resolutions may be passed and bylaws adopted in accordance with Division 3 [Bylaw Procedures]; • establish rules of procedure for Council meetings; • provide for the taking of minutes of Council and committee meetings, including requiring certification of those minutes; • provide for advance public notice regarding the time, place and date of Council committee meetings and establish the procedures for giving that notice; • identify places that are to be public notice posting places for the purposes of CC section 94 [public notice]; • establish the procedure for designating a person under section 130 [designation of a member to act in place of the Mayor]; and Doc # 2081580 Page 4 of 4 • establish the first regular Council meeting date referred to CC section 125(1) [Council meetings] as a day in the first 10 days of November following a general local election. General Information for Reference - Optional Content: In addition to the required content outlined above, the Council Procedure Bylaw could include other content that would govern meetings of Council. The existing bylaw contains a number of these optional elements. The Province has provided a sample bylaw for reference at: https://www2.gov.bc.ca/assets/gov/british-columbians-our-governments/local- governments/governance-powers/community_charter_council_procedure_bylaw.pdf CONCLUSIONS: The Council Procedures Bylaw is due for an update. Following a discussion, Council feedback will be incorporated into a new Council Procedures Bylaw that will come to Committee of the Whole on December 4, 2018 for approval to be forwarded for consideration at a future Council meeting. Following the required public notice including newspaper notifications over two consecutive weeks, the bylaw will be on the first agenda of 2019. “Original signed by Laura Benson” Prepared by: Laura Benson, CPA, CMA Director of Corporate Support “Original signed by Paul Gill” Concurrence: Paul Gill, BBA, CPA, CGA Chief Administrative Officer Attachment: Maple Ridge Council Procedures Bylaw (consolidated) - 1 - THE FOLLOWING DOCUMENT HAS BEEN REPRODUCED FOR CONVENIENCE ONLY and is a consolidation of the following: 1.Maple Ridge Council Procedure Bylaw No. 6472-2007 2. Maple Ridge Council Procedure Amending Bylaw No. 6514-2007 3.Maple Ridge Council Procedure Amending Bylaw No. 6777-2010 4. Maple Ridge Council Procedure Amending Bylaw No. 7149-2015 5. Maple Ridge Council Procedure Amending Bylaw No. 7174-2015 6. Maple Ridge Council Procedure Amending Bylaw No. 7263-2016 7. Maple Ridge Council Procedure Amending Bylaw No. 7301-2016 8.Maple Ridge Council Procedure Amending Bylaw No. 7411-2017 Individual copies of any of the above bylaws can be obtained by contacting the Clerk’s Department. A.The current bylaw was established in 2007 as Bylaw No. 6472-2007. It has subsequently been revised seven times since then. The bylaw you see attached to this report is not the official bylaw, but rather a consolidated version that represents the original 2007 bylaw and the seven amending bylaws that were subsequently adopted. These consolidated bylaws are often produced for convenience. In the absence of it, a reader would need to sift through all the amendments and mark up the original 2007 bylaw to understand the entirety of Council’s intent. Throughout the bylaw in the left margin, the bylaw amendments are noted beside the paragraphs that were amended. 7263-2016 CITY OF MAPLE RIDGE BYLAW NO. 6472-2007 A Bylaw to Govern the Meetings of the Council and Committees of Council of the City of Maple Ridge ________________________________________________________________________ WHEREAS section 124(1) of the Community Charter requires Council, by bylaw, to establish the general procedures to be followed by Council and Council committees in conducting their business; AND WHEREAS Council has given notice of this Bylaw, pursuant to section 124(3) of the Community Charter; 7263-2016 NOW THEREFORE, pursuant to the above-recited and other authority, the Council of the City of Maple Ridge, in open meeting assembled, enacts as follows: PART 1 - INTRODUCTION Name of Bylaw 1.This Bylaw may be cited for all purposes as “Maple Ridge Council Procedure Bylaw No. 6472-2007". - 2 - Repeal 2. Maple Ridge Council Procedure Bylaw No. 5871 – 1999, as amended, is hereby repealed in its entirety and Council policy number 3.07 (Delegation Policy) is hereby repealed. B. The 2007 bylaw replaced a 1999 bylaw. It is recommended that the 2007 bylaw and subsequent amendments also be replaced with a new version that incorporates all changes desired by Council, rather than putting through another amendment to the 2007 bylaw. This will allow for some reformatting. Definitions 3. In this Bylaw: “Corporate Officer” means the municipal employee appointed as the Corporate Officer under section 148 of the Community Charter; “Committee” means a standing, select or other committee of Council, and includes the Committee of the Whole, whether or not the word is capitalized; 7263-2016 “Council” means the Council of the City of Maple Ridge; 7263-2016 “City” means the Corporation of the City of Maple Ridge; 7263-2016 “Mayor” means the Mayor of the City of Maple Ridge. 6777-2010 “Moment of Reflection” means a prayer, a blessing, a reading, a thought, or a moment of silence. C. The “Moment of Reflection” is no longer included as part of the order of business and therefore the definition should be removed. Incorporation of Definitions 4. Unless otherwise defined in this Bylaw, the definitions used in the Community Charter and the Local Government Act and the Interpretation Act apply to this Bylaw. Application of Bylaw 5. The provisions of this Bylaw govern the proceedings of Council and each Committee, as applicable. Robert’s Rules of Order 6. In cases not provided for under this Bylaw, the then most-current edition of Robert’s Rules of Order applies to the proceedings of Council and each Committee, to the extent that those Rules are: (a) applicable in the circumstances; and (b) not inconsistent with provisions of this Bylaw or the Community Charter. - 3 - D. The bylaw specifies the current edition of Robert’s Rules of Order as the default parliamentary authority, if a procedure is not spelled out in the bylaw or in other legislation. Provincial legislation is a higher authority than the bylaw, which itself is a higher authority than the default Robert’s Rules. The current edition is Robert’s Rules of Order Newly Revised, 11th edition, commonly referred to as RONR. Public Notice Posting Place 7. For the purpose of giving notices under section 94 of the Community Charter, the public notice posting place is the window in the west entrance to the lobby of the Municipal Hall. E. The bylaw should reflect our now-standard practice of also posting to the website. PART 2 – REGULAR COUNCIL MEETINGS First Regular Council Meeting 7263-2016 7411-2017 8. Following a general local election, the first regular Council meeting must be held within the first ten (10) days in November in the year of the election.. 9. Regular Council meetings for each year must be held in accordance with the schedule of dates and times adopted by Council prior to December 31st of the preceding year. Cancellation, Rescheduling and Postponement of Regular Council Meetings 10. Before the time of a regular Council meeting, Council may: (a) cancel the meeting, or (b) postpone the meeting and reschedule it to a different day and time. Council Workshop 11. A regular Council meeting may be a Council Workshop which has as its primary purpose the review and discussion of policies and other matters of interest to Council, and the provisions of this Bylaw on regular Council meetings apply to Council Workshops. F. Council Workshop is considered a regular Council meeting and covered under Part 2 of this consolidated bylaw. The same procedures apply. Committee of the Whole is covered under Part 20 along with other standing and select committees of Council, including advisory committees. - 4 - PART 3 – SPECIAL COUNCIL MEETINGS Cancellation of Special Council Meeting 12. Before the time of a special Council meeting, the person or persons calling the meeting may by notice: (a) cancel the meeting, or (b) postpone the meeting and reschedule it to a different day and time. PART 4 – ELECTRONIC COUNCIL MEETINGS Electronic Special Council Meetings 13. A special Council meeting may be conducted by means of electronic or other communication facilities in compliance with the statutory requirements for that meeting and notice of that meeting. Member Participation by Electronic Communication 14. One or more members of Council who are unable to attend a Council meeting may participate in the meeting by means of electronic or other communication facilities in compliance with the statutory requirements for that meeting, but the member presiding at that Council meeting must not participate electronically. G. Electronic participation in Council meetings can be accommodated. If a Council member wishes to participate electronically, there are guidelines related to providing advance notice and how to use the recommended technology that has been selected in order to provide the best audio and/or video production for the current meeting and recording. The onus is on elected officials to ensure they know the guidelines, and staff are available to provide practice sessions to ensure the best possible outcome. The Chair must make allowances to ensure the member is “present” electronically before taking a vote. PART 5 – LOCATION OF COUNCIL MEETINGS Council Meetings at Municipal Hall 7263-2016 15. All Council meetings must take place within Municipal Hall except when Council resolves to hold a meeting elsewhere within the City. Council Meetings Within Boundaries 7263-2016 16. All Council meetings must take place within the boundaries of the City except when Council resolves to hold a Council meeting outside the boundaries. - 5 - PART 6 – PUBLIC NOTICE OF COUNCIL MEETINGS Public Notice of Regular Council Meetings 17. The schedule of dates, times and places of regular Council meetings for each calendar year shall be posted on the Public Notice Posting Place and published prior to December 31st of the preceding year. Council Waiver of Public Notice of Special Council Meeting 18. Public notice of a special Council meeting may be waived by unanimous vote of all Council members. H. The Community Charter outlines public notice requirements before a meeting can be held. That includes developing a schedule of regular meetings and annually providing a “section 94 public notice” which for Maple Ridge includes publishing it in the weekly newspaper over two consecutive weeks. Special Council meetings that were not published in the schedule are sometimes required. These can be requested by the Mayor, or at least two Council members. Public notice of 24 hours is required by posting a notice at the posting place outlined in the Council Procedure Bylaw, (the west entrance door). The City also posts the notice on the website, although this isn’t specified in the bylaw. If 24-hour notice is notice provided, unanimous approval by all seven Council members is required. Public Notice of Changes to Council Meetings 19. Where a regular Council meeting or a special Council meeting is cancelled or rescheduled, the Corporate Officer must, as soon as possible, whether before or after the time of the planned meeting, post a notice of such at the Public Notice Posting Place. PART 7 – COUNCIL NOTICE OF COUNCIL MEETINGS Council Notice of Changes to Council Meetings 20. Where a regular Council meeting or special Council meeting is cancelled or rescheduled, the Corporate Officer must, as soon as possible, whether before or after the time of the planned meeting, post a notice of such at the regular Council meeting place, and leave a notice of such for each Council member at the place to which the member has directed notices be sent. - 6 - PART 8 – MINUTES OF COUNCIL MEETINGS Minutes of Council Meetings 21. Minutes of the proceedings of Council must be (a) legibly recorded, (b) certified as correct by the Corporate Officer, and (c) signed by the Mayor or other member who presided at the meeting. I. The bylaw should reflect that minutes of Council meetings include only the resolutions and the names of Council members opposed to the resolutions. Minutes of Electronic Meetings 22. The Corporate Officer shall record in the minutes the members present including those participating electronically. Minutes Available to the Public 23. Minutes or portions of minutes of Council meetings that are available to the public must be open for public inspection at Municipal Hall during its regular office hours. PART 9 – DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR 7174-2015 7263-2016 Annual Designation of Member to Act in Place of Mayor 24. Council must, from amongst its members, designate for defined periods of each year, members to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant. 25. Each Councillor designated under section 24 must fulfill the responsibilities of the Mayor in the Mayor’s absence. Absence of Mayor 26. The Mayor shall preside at Council meetings and if the Mayor is absent, the member designated to act in place of the Mayor shall preside at the meeting and if that member should be absent, the meeting shall be presided over by the next member, following the rotation established in section 24, who is present at the meeting. - 7 - PART 10 – CALLING MEETING TO ORDER Calling Meeting to Order 27. As soon after the time specified for a Council meeting a quorum is present, the Mayor, or other member presiding at the meeting under section 26, shall call the Council meeting to order. PART 11 – QUORUM Continued Meeting where No Quorum 28. If there is no quorum of Council present within fifteen minutes of the scheduled time for a Council meeting, or a quorum is lost during a meeting, the Corporate Officer must record the names of the members present, and those absent, and all business on the agenda for that meeting not dealt with at that meeting is incorporated in the agenda for the next meeting. J. The business of Council cannot occur unless quorum is present. It is important that Council members let the Mayor and Corporate Officer know as early as possible if they intend to be absent or may be absent from all or a portion of a Council meeting. If quorum unexpectedly occurs, business may not begin (or must stop immediately), causing an inconvenience to Council members, staff and the public in attendance. Council’s Code of Conduct reflects the importance of respectful behaviour, and an element of that includes punctuality, attendance and advance notice of absences. PART 12 – AGENDA AND ORDER OF BUSINESS Preparation of Agenda 29. Prior to each Council meeting, the Corporate Officer must prepare an agenda setting out the items for consideration at that meeting. Distribution of Agenda 30. The Corporate Officer must make the agenda available to the members of Council at least twenty-four hours prior to a regular Council meeting. 7149-2015 6777-2010 7263-2016 7411-2017 Order of Proceedings and Business 31. (a) Call to order (b) Amendments to the agenda (c) Approval of the agenda (d) Adoption of minutes - 8 - (e) Presentations at the request of Council (f) Delegations (g) Questions from the public – Maximum 15 minutes unless extended by motion approved by majority of Council (h) Items on consent (i) Unfinished business (j) Bylaws (k) Committee reports and recommendations (l) Staff reports (m) Other matters deemed expedient (n) Notices of motions and matters for introduction at future meetings (o) Adjournment K. A consistent set and order of categories of business on each agenda (“order of business”) is helpful to Council, staff and the public, and aids in the efficient advance preparation of the agenda package. However, from time-to-time Council may wish to change the order. The bylaw should include a provision to do this by resolution. The section “Mayor’s and Councillors’ Reports” should be added to the order of business for regular Council meetings and eliminated from Council Workshop. L. The bylaw should include consistent procedures for Question Period, such as how a citizen should identify themselves, and what to do if they don’t wish to be identified. - 9 - PART 13 – VOTING AT COUNCIL MEETINGS Voting at Closure of Debate 32. When debate on a matter is closed, the presiding member must put the matter to a vote of Council members. Voting By Show of Hands 33. When the Council is ready to vote, the presiding member must ask for a show of hands of Council members, indicating those in favour and those opposed. Prohibited Actions During Voting 34. After the presiding member finally puts the question to a vote, a member must not speak to the question or make a motion concerning it. 35. The presiding member’s decision about whether a question has been finally put is conclusive. Results of Voting 36. The presiding member must declare the result of the voting by stating that the question is decided in either the affirmative or the negative. Recording of Votes 37. The Corporate Officer must record in the minutes of a meeting the name of any member who voted in the negative on any question. 7301-2016 37.1 When a resolution is released by Council from Closed status, and unless otherwise resolved by Council, the names of any members who voted in the negative will be released as decided on a case by case basis. M. The bylaw should be amended to reflect a release of the resolution only as a default, unless otherwise resolved by Council. PART 14 – CONDUCT Interruptions 38. No member may interrupt a member who is speaking except to raise a point of order. 39. If more than one member begins to speak at the same time, the presiding member must call on the member who, in the presiding member’s opinion, first spoke. - 10 - Respectful Behaviour 40. Members speaking at a Council meeting (a) must use respectful language, (b) must not use offensive gestures or signs, (c) must speak only in connection with the matter being debated, (d) must adhere to the rules of procedure established under this Bylaw and to the decisions of the presiding member, subject to section 132 of the Community Charter; (e) who are called to order by the presiding member must immediately stop speaking. N. The bylaw should make reference to the additional requirements of a Code of Conduct, where applicable and adopted by Council. PART 15 – DEBATE Reading of Question 41. A member may require the question being debated at a Council meeting to be read at any time during the debate if that does not interrupt another member who is speaking. Motions Generally 42. Council may debate and vote on a motion only if it is first made by one Council member and then seconded by another. Motions During Consideration of a Question 43. A Council member may make only the following motions, when the Council is considering a question: (a) to defer consideration; (b) to refer to committee; (c) to amend; (d) to withdraw; or (e) to adjourn. 44. A motion made under clause 43(a) is not amendable and debate is limited to setting the meeting at which the motion will be considered. - 11 - Separate Votes 45. Council must vote separately on each distinct part of a question that is under consideration at a Council meeting if requested by a Council member and agreed to by the majority of members present. Amendments 46. A proposed amendment must be decided or withdrawn before the main motion being considered is put to a vote. PART 16 – POINTS OF ORDER Raising Points of Order 47. A member may raise a point of order at any time, whereupon the presiding member must: (a) interrupt the matter under consideration; (b) interrupt a member who had been speaking; (c) ask the member raising the point of order to state the substance of and the basis for the point of order; and (d) rule as to whether or not the Point of Order is valid. PART 17 – RECONSIDERATION OF A MOTION Council Member Request for Reconsideration 7263-2016 48. (a) A member who voted with the prevailing side may, at any time within one month of the vote, introduce a motion to reconsider the resolution, motion or proceeding, including the defeat of a motion, if the resolution, motion or proceeding has not been acted upon irreversibly by an officer, employee or agent of the municipality. (b) If a motion to reconsider is defeated, the subject matter of the resolution or proceeding may not be open for consideration by the Council within 6 months except by way of a new and substantially different motion. O. The bylaw should establish the procedure to be used by elected officials to bring forth their own motion. For example, the bylaw might specify the motion must be in writing and included as an agenda package item as a “notice of motion” at a meeting prior to the one during which it would be considered by Council. - 12 - PART 18 – DELEGATIONS 6514-2007 Delegations 49. Requests to appear as a delegation before a meeting of Council, Advisory Committee or Advisory Commission, must be submitted to the office of the Corporate Officer at least one week prior to the preferred meeting. 50. Requests must be in writing, by email, fax or mail, and include the subject matter and the name of the spokesperson(s). 51. Delegations will not be heard at regular meetings of Council on the following: (a) Official Community Plan Bylaws or Zoning Bylaws, including amendments to either such bylaws, which have received first reading and which have not yet been adopted, defeated, or abandoned; 7263-2016 (b) matters on which the City has commenced prosecution and on which judgement has not been rendered; 7263-2016 (c) the promotion of commercial products or services which have no connection to the business of the City; and P. The list of topics specified in the bylaw that will not be entertained by delegations includes the business promotion. This is intended to discourage business people from circumventing the City’s purchasing policy. The reference to connection to City business is intended to keep topics to areas where Council has a level of influence. 7263-2016 d) publicly tendered contracts or proposal calls for the provision of goods and services for the City, between the time that such contract or proposal call has been authorized and the time such contract or proposal call has been awarded, either by Council or City staff. 52. The provisions of Section 51(a) do not apply where a second or subsequent Public Hearing is to be held on an Official Community Plan or Zoning Bylaw or amendments to such bylaws, whichever is the case. 53. The Corporate Officer may refuse to place a delegation on the agenda if the issue is not considered to fall within the jurisdiction of Council. If the delegation wishes to appeal the Corporate Officer’s decision, the information must be distributed under separate cover to Council for their consideration. 54. If the request is granted by the Corporate Officer, or by Council in the case of a consultation, the Corporate Officer will contact the delegation to confirm attendance at the requested meeting or make alternate arrangements. 55. A maximum of three delegations will be permitted at any Council or Committee meeting. - 13 - 56. If a delegation wishes to appear at consecutive meetings, the delegation will be approved only if no more than two delegations are scheduled for the later meeting. 57. Delegations will be required to abide by the following general rules: (a) Delegations will be allowed a maximum of 10 minutes to make their presentation, excluding the time taken for questions posed by Council, unless Council or the Committee agrees to extend the time limit. 7263-2016 (b) A delegation intending to use audio and/or audio-visual equipment must advise the Corporate Officer prior to the Council meeting, on the understanding that the City will assist with, but not be responsible for, the provision of the necessary equipment; (c) A delegation to Council must not speak disrespectfully of any person, and where in the opinion of the Chair, a delegation has done so, the Chair may ask the delegation to withdraw the offensive remarks; (d) If the delegation refuses to withdraw remarks considered by the Chair to be offensive, or refuses to abide by the rules for delegations, or the instructions of the Chair, the Chair may terminate the presentation and direct the delegation to vacate the speaker’s podium and return to the public seating area; (e) Where a delegation refuses to comply with such direction, the Chair may order the expulsion and exclusion of the delegation from the meeting, as permitted in Part 5, Div 2, Sec 133(1) of the Community Charter. (f) If the offending delegation apologizes, Council may permit the delegation to either continue their presentation or to remain in the public seating area whichever Council considers appropriate in the circumstances. 58. Delegations will be allowed a maximum of 10 minutes to make their presentation unless Council or the Committee agrees to extend the time limit. 7149-2015 6777-2010 PART 19 – BYLAWS Form of Bylaws 59. Every bylaw must be presented in written form before it is introduced for consideration by Council. Three Readings 60. Unless there is a statutory requirement for an approval or other act to be completed before a reading of a bylaw, a bylaw may be given up to 3 readings at one meeting of Council. Form of Bylaw Readings - 14 - 61. The only motion required for the reading of a bylaw shall be: “THAT (short title of bylaw) be given first reading (or first and second readings, or first, second and third readings).” 62. The only motion required for the adoption of a bylaw shall be: “THAT (short title of bylaw) be adopted.” Storage of Bylaws 7263-2016 63. After a Bylaw is signed, the Corporate Officer must have it placed in the City’s records for safekeeping. PART 20 – COMMITTEE OF THE WHOLE, STANDING & SELECT COMMITTEES Appointments to Standing Committees 64. The Mayor shall appoint the members of each standing committee that the Mayor establishes. Committee of the Whole 65. All members of the Committee of the Whole must be Council members and all members of Council are members of the Committee of the Whole. 7174-2015 Presiding Member of Committee of the Whole Meetings 66. The Mayor is the presiding member of the Committee of the Whole. On or before January 1 of the year, the Mayor will from amongst its members, designate for defined periods of that year, members to serve on a rotating basis as the member responsible for acting as the presiding member. Chairperson of Standing Committees 67. The members of each standing committee shall appoint a chairperson and vice-chairperson to preside at meetings in the absence of the chairperson and in the event of the absence of both the chairperson and vice-chairperson, the committee members in attendance shall choose one of their members to preside at that meeting. Calling Committee Meetings 68. Committee of the Whole meetings for each year must be held in accordance with the schedule of dates and times adopted by the Committee prior to January 1st of each year. 69. A meeting of a standing and select committee may be called by the chairperson, or in the absence of the chairperson, by the vice-chairperson, or by a majority of the members of the committee. - 15 - Committee Member Notice of Committee Meetings 70. If a standing or select committee has established a regular schedule of committee meetings, a copy of that schedule must be provided to each member of the committee, by email or other manner that the member has directed that notices be sent. 71. If a special meeting of a standing or select committee has been called or if there is a change to a regular meeting, the meeting may not be held unless at least 24 hours advance notice of that meeting has been sent to each committee member, by email or other manner that the member has directed that notices be sent. 72. Notice of a committee meeting may be waived by unanimous consent of all the members of that committee. Public Notice of Committee Meetings 73. For Committee of the Whole and any other committee that has established a regular schedule of committee meetings, the chairperson of the committee must give public notice of the schedule, including the times, dates and places of the committee meetings, by posting a copy of the schedule at the Public Notice Posting Place. 74. If a special meeting of a committee has been called or if there is a change to a regularly scheduled committee meeting, the chairperson is responsible to give at least 24 hours advance public notice, including the time, date, place and general purpose in the case of a special meeting by posting at the Public Notice Posting Place. 75. Public notice of a committee meeting may be waived by unanimous consent of all the members of that committee. Committee Meetings Within Boundaries 7263-2016 76. Committee meetings may take place outside the boundaries of the City. Electronic Attendance at Committee Meetings 77. Sections 13 and 14 of this Bylaw apply to committee meetings. Voting Rules for Committee Meetings 78. A motion on a resolution, or on any other question before a committee, is decided by a majority of the committee members present at the meeting. 79. Each committee member has one vote on any question. 80. Each committee member present at the time of a vote must vote on the matter. 81. If a committee member does not indicate how he or she votes, the member is deemed to have voted in the affirmative. - 16 - 82. If the votes of the members present at a committee meeting at the time of the vote are equal for and against a motion, the motion is defeated. 83. Council members attending a meeting of a committee of which they are not a member must not vote on a question unless the Council member is an alternate to a committee member. Reconsideration 84. Committees are not limited in their ability to reconsider resolutions or other proceedings. Minutes of Committee Meetings to be Maintained and Available to Public 85. The provisions of this Bylaw respecting minutes of a Council meeting apply to minutes of the proceedings of a Committee, except that minutes of a Committee meeting must be certified and signed by the person who chaired that meeting. Quorum 86. The quorum for a committee is a majority of all of its members unless otherwise stated in the bylaw establishing the committee. Conduct and Debate 87. The rules of the Council procedure must be observed during committee meetings, so far as is possible and unless as otherwise provided in this Bylaw or in the bylaw establishing the committee. PART 21 – GENERAL Severance 88. If any section, subsection, clause or other part of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw. READ A FIRST TIME this 8th day of May, 2007. READ A SECOND TIME this 8th day of May, 2007. READ A THIRD TIME this 8th day of May, 2007. ADOPTED this 22nd day of May, 2007. MAYOR CORPORATE OFFICER