ADMINISTRATIVE REPORT

Date: November 22, 2001
Author/Local: RJenkins/7082

RTS No. 02410

CC File No. 3104

P&E: December 6, 2001

TO:	Standing Committee on Planning and Environment
FROM:	Director of Current Planning
SUBJECT:	Amendments to the First Shaughnessy Advisory Design Panel [FSADP] - Terms of Reference

RECOMMENDATION

THAT Council approve amendments to the "First Shaughnessy Advisory Design Panel [FSADP] - Terms of Reference", as presented in Appendix A, in order to clarify community representation on the Panel and related administrative matters.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

The First Shaughnessy Advisory Design Panel is one of a number of Council-appointed advisory panels and committees. Council approved a terms of reference for the Panel in 1982 (amended 1994). Council appoints new members to the Panel on an annual basis.

PURPOSE

The purpose of this report is to propose amendments to the "First Shaughnessy Advisory Design Panel [FSADP] - Terms of Reference", attached as Appendix A.

BACKGROUND

The First Shaughnessy Advisory Design Panel has been operating since 1982 when the First Shaughnessy Official Development Plan was enacted and Design Guidelines approved by Council. The Panel is an advisory body authorized to make recommendations regarding development matters to Council, the Development Permit Board and the Director of Planning. The Panel provides a very useful service in this regard. As is the case with all panels and committees, there is need from time to time to review and update the terms of reference and procedure of the Panel. The last review was in 1994.

Currently the Terms of Reference state that seven members of the Panel (out of a total of thirteen) shall be residents of First Shaughnessy nominated from the membership of the Shaughnessy Heights Property Owners' Association (SHPOA). This has been interpreted to mean that resident members be members of SHPOA, but not necessarily nominated by SHPOA, or it's Board of Directors. Other advisory bodies' terms of reference are clearer in this regard. For example, in the case of the Chinatown Historic Area Planning Committee's Terms of Reference, it states "The members shall be appointed by Council and should be appointed from nominations received from the following ....[community organizations]'.

In March 2001, the City received a report from the First Shaughnessy Advisory Design Panel requesting changes to the community representative provisions of the Panel's Terms of Reference. The report recommended that of the seven resident members on the Panel only two should be members of SHPOA, the remainder should be resident 'members-at-large'. Further the report recommended that members of the Panel be allowed to serve up to three consecutive terms of two years each. Currently members may serve two consecutive terms. The rationale for these recommendations centred around addressing a difficulty in "....finding [and keeping] suitable candidates to represent the residents of the First Shaughnessy neighbourhood.....[and to ensure] ....the Panel would be more representative of the neighbourhood as a whole". By reducing the number of resident Panel members who must be members of SHPOA, it was felt that a wider pool of resident candidates would come forward. It was felt that by extending the number of possible consecutive two-year terms from two to three, it would allow experienced members to remain on the Panel.

In response to the Panel's recommendations the City received letters from three SHPOA Board members who were opposed to the recommended amendments and a letter from the Board of SHPOA requesting the City consult with the SHPOA Board before Council considered changes to the Panel's Terms of Reference. The board members who submitted letters stated that SHPOA should be recognized as the community organization representing neighbourhood interests and SHPOA should nominate resident members. In April staffadvised both parties (letter attached as Appendix B) that the City would convene a process to address the matter and seek a mutually agreed solution, before proceeding to Council.

DISCUSSION

Staff convened a meeting in September with representatives of SHPOA and the Panel. A number of issues and interests were identified including:

· need to maintain an effective Panel;
· need to recognize historic role of SHPOA in the community;
· need for broad community representation on the Panel;
· need to attract capable members to the Panel; and
· need to address mid-term vacancies on the Panel.

After a thorough review of the matter Planning staff have concluded that the identified interests can be substantially met with some simple amendments to the resident membership and related provisions of the Panel's Terms of Reference. Representation from the professional bodies of the Architectural Institute of British Columbia (AIBC), British Columbia Society of Landscape Architects (BCSLA), Real Estate Board of Greater Vancouver (REBGV) and the Heritage Advisory Committee (HAC) has not been an issue and no changes are recommended in this area.

Of over-arching importance is the ongoing effective operation of the Panel in fulfilling it's mandate to advise the City on development matters in First Shaughnessy.

Staff recommend that the Terms of Reference be amended as presented in Appendix A. The following is a summary the proposed amendments with a commentary on each.

1. It is proposed the number of resident members on the Panel increase from seven to eight. Four of these members would be appointed from nominations received from SHPOA (SHPOA would be responsible for their own process for nominating) and four members would be appointed from nominations received for resident 'members-at-large'. As the appointments are staggered, four resident appointments would occur each year, two from SHPOA and two 'at-large'. In order to achieve the full eight members in 2002 - it is proposed an additional one year resident appointment be made for 2002.

This approach respects the historic role of SHPOA by clarifying the practice of nominating its candidates for the Panel from its membership. Four resident members-at-large will provide further community representation on the Panel.

A companion amendment is required to change the number of Panel members which constitutes a quorum. It is proposed the Chairperson and six members (currently five members) constitute a quorum, including four resident (currently three members) and two non-resident members, one from the AIBC, one from the BCSLA. This will assist in providing continuity of representation from one meeting to the next. It is also proposed that it be clarified that a majority of affirmative votes is required for a motion to pass (i.e., a tie vote is a failed motion).

2. It is proposed that the practice of electing the Chairperson and Vice-Chairperson once a year be spelled out in the terms of reference.

3. An amendment is proposed to address the filling of vacancies which can occur between regular year-end appointments. The wording proposed is currently used in the Vancouver Heritage Commission's Terms of Reference. This change clarifies how future mid-term vacancies are to be filled which will assist in maintaining a quorum of members.

4. It is proposed the current minimum absence, after serving on the Panel, be decreased from four years (two terms) to two years (one term). Experienced members who have finished two terms (or in the case of the Chairman, three terms) could apply again after a two-year absence rather than the current four-year absence. This will allow experienced and keen potential members an earlier opportunity to return.

5. A 'housekeeping' amendment is proposed to remove reference to the Staff Coordinator (Planning Department) as the facilitator of the new member appointment process. A few years ago this function for all advisory bodies was assumed by the Clerks Office.

A further issue which was addressed is the matter of public access to the Panel. The Panel has continued with the past City practice of opening the meetings to applicants of development under review by the Panel, but not to the general public. Consistent with the current City practice of other committees and panels these meetings will now be open to the public. As this is addressed in the Vancouver Charter it is not necessary to reference the matter in the Panel's Terms of Reference.

COMMENTS FROM THE FIRST SHAUGHNESSY ADVISORY DESIGN PANEL AND SHAUGHNESSY HEIGHTS PROPERTY OWNERS' ASSOCIATION

"The First Shaughnessy Advisory Design Panel has had an opportunity to review the report from the Director of Current Planning regarding Amendments to the First Shaughnessy Advisory Design Panel's Terms of Reference. The Panel unanimously supports the recommendations in the report. In particularly, it supports the changesto the Terms of Reference which would open up the Panel membership to a wider representation from all the residents of the First Shaughnessy Neighbourhood."

"At its November 19, 2001 meeting, the board of SHPOA passed the following resolution:

The Board of Directors of Shaughnessy Heights Property Owners' Association endorses the proposed Amendment to the Terms of Reference for the First Shaughnessy Advisory Design Panel, dated November 15, 2001, with the following request:

That in Appendix A, Section 3 (Organization), 7th paragraph, instead of `A resident appointee who has been nominated to chair the FSADP may be reappointed by Council to a third term of two years', the wording used is `A resident appointee who is the current chair of FSADP may be reappointed....'.

The Board of SHPOA would be pleased to be kept informed of the nomination process as it applies to FSADP."

Planning staff will address this further amendment request at the Standing Committee on Planning and Environment meeting.

CONCLUSION

In response to concerns raised by both the First Shaughnessy Advisory Design Panel and Shaughnessy Heights Property Owners' Association a number of amendments have been proposed to the First Shaughnessy Advisory Design Panel's Terms of Reference. These amendments clarify resident membership on the Panel, respect the interests of both organizations and will assist in the on-going successful operation of the Panel.

* * * * *

First Shaughnessy Advisory Design Panel - Terms of Reference
(Adopted by City Council January 11, 1994)

PROPOSED AMENDMENTS IN BOLD
DELETED WORDING IN SQUARE PARENTHESES [ ]

1. Purpose

To advise Council, the Development Permit Board or the Director of Planning, as the case may be, regarding all significant development and minor amendment applications in the First Shaughnessy District.

To preserve and protect the heritage and special character of the First Shaughnessy District.

To advise the Director of Planning concerning the implementation and effectiveness of the approved planning policies, regulations and design guidelines for the First Shaughnessy District.

2. Mandate

The Panel is an advisory body authorized only to make recommendations to Council, the Development Permit Board or the Director of Planning. It does not have the authority to approve or refuse development applications or to make policy decisions.

3. Organization

The First Shaughnessy Advisory Design Panel shall consist of fourteen [thirteen] members. Eight [Seven] members shall be residents of the First Shaughnessy District of which four shall be appointed from nominations received from [nominated from the membership of] the Shaughnessy Heights Property Owners' Association (SHPOA) and four shall be appointed from nominations received for resident members-at-large, two members shall be architects appointed from nominations received [nominated] from the Architectural Institute of British Columbia (AIBC), two members shall be landscape architects appointed from nominations received [nominated] from the British Columbia Society of Landscape Architects (BCSLA), one member shall be a realtor appointed from nominations received [nominated] from the Real Estate Board of Greater Vancouver (REBGV) and one member shall represent heritage interests and be appointed from nominations received [nominated] from the Heritage Advisory Committee (HAC).

Members shall be appointed by City Council.

No individual may be appointed if that person is an elected representative of Vancouver City Council, the holder of elected office with the City of Vancouver or an employee of the City of Vancouver.

Resident members shall be current residents of First Shaughnessy.

Appointees nominated from the AIBC, BCSLA, REBGV and HAC shall not reside in the First Shaughnessy District.

Non-resident members shall have experience relevant to the planning and development issues of the First Shaughnessy District.

Council shall appoint each member for a term of two years and may reappoint each member for a second term of two years. A resident appointee who has been nominated to chair the First Shaughnessy Advisory Design Panel may be reappointed by Council to a third term of two years. After an absence of one term (two consecutive years) [two consecutive terms (four consecutive years)], an individual may again seek nomination.

Council shall make appointments to the First Shaughnessy Advisory Design Panel at the beginning of each calendar year. The terms of appointment shall be staggered such that approximately one-half of the appointments from each of the SHPOA, resident members-at-large, AIBC and BCSLA shall expire in one year. (Due to [the uneven number of resident appointees, and] the possibility of a third two-year term for the Chairperson, some flexibility in this arrangement shall be permitted).

Any vacancy caused by death, removal, or resignation of a member shall be filled by City Council for the unexpired term of such member.

The Chairperson and Vice-Chairperson shall be elected once a year by the Panel from the resident membership and shall serve a minimum of one year.

The Chairperson and six [five] members, including four [three] resident and two non-resident members one of whom represents the AIBC, the other the BCSLA, shall constitute a quorum. A majority of affirmative votes shall be required for a motion to pass.

Members shall serve without remuneration.

The First Shaughnessy Advisory Design Panel shall record its own minutes and advise Council, the Development Permit Board or Director of Planning, as the case may be, in writing on development permit applications and other planning matters where appropriate.

4. Procedures

The First Shaughnessy Advisory Design Panel shall convene every three weeks to conduct business and review development applications. The business portion of the meeting shall be abbreviated when a large number of development applications are scheduled for review. Additional meetings may be scheduled as circumstances warrant. Such circumstances may include extraordinary numbers of development applications, orientation of new members, general business and preparation of recommendations to the Director of Planning.

An agenda shall be received by Panel members the Friday before the scheduled meeting. The agenda will include a schedule for project review, location maps, reduced application drawings and one page design rationales for each project.

Panel meetings shall be conducted by the Chairperson, or Vice-Chairperson in the Chairperson's absence.

The business portion of the meeting shall occur In-Camera; however, the review and discussion of any development application shall occur in the presence of the applicant.

The procedure for the review of development applications shall be generally as follows:
a) the applicant briefly presents the design concept and rationale;
b) the Panel and Staff Coordinator may ask questions of clarification;
c) the Staff Coordinator presents Planning staff concerns;
d) the Panel may ask questions of clarification;
e) the Panel discusses the application in the context of the Terms of Reference, relevant By-laws and Council-adopted policies and guidelines; and
f) the Panel decides to support or not support the application or defer its review.

The advice or recommendation of the First Shaughnessy Advisory Design Panel shall be attached to each application and forwarded to Council, the Development Permit Board or Director of Planning, as the case may be, for consideration.

5. Conflict of Interest

Appointees shall abide by all conflict of interest standards adopted by Council and by any additional conflict of interest guidelines adopted by the First Shaughnessy Advisory Design Panel.

6. Staff Coordinator

The Staff Coordinator or his/her assistant shall aid the Panel as outlined below:
a) [request nominations for appointment to the First Shaughnessy Advisory Design Panel from the various organizations. Prepare and forward to Council an administrative report regarding these nominations.] Inform new members of their appointment and forward orientation packages to them;
b) schedule regular Panel meetings throughout the year;
c) prepare and forward the agenda and accompanying information for each meeting;
d) schedule additional meetings and site visits as required;
e) prepare and present staff concerns regarding development and minor amendment applications;
f) communicate the decisions of the Director of Planning concerning individual applications to the Panel;
g) forward Panel considerations to the Director of Planning;
h) clarify policy, technical and administrative issues for the Panel;
i) attend site visits, on a time-available basis;
h) clarify policy, technical and administrative issues for the Panel;
j) provide information regarding changes which may affect the First Shaughnessy District such as subdivision, rezoning and heritage designation; and
k) summarize Panel review of the First Shaughnessy District applications on a yearly basis.

Additional duties, such as enforcement follow-up and provision of data, shall only be undertaken by the Staff Coordinator on a time-available basis and with the approval of the Director of Planning.

NOTE FROM CLERK: Appendix B is not available in electronic form - on file in the Office of the City Clerk.

(c) 1998 City of Vancouver