POLICY REPORT

Author/Local: A. McAfee/7451
RTS No. 03038
CC File No. 8026

TO:

City Council

FROM:

Director of City Plans

SUBJECT:

City of Vancouver - University of British Columbia Charter

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On May 29, 1997, Council supported the Electoral Area "A" - UBC Official Community Plan subject to UBC developing a Comprehensive Transportation Plan and U-Pass and appropriate services for new residents.

On March 14, 1996, Council supported a study of governance options for Electoral Area A including the legal, financial, and technical implications of existing and proposed new development.

On September 21, 1999, Council approved draft "Principles for Amalgamation" for consideration by the Electoral Area "A" Governance Committee. While the Governance Committee did not pursue amalgamation, on February 20, 2001, Council advised the Minister of Municipal Affairs, GVRD, and UBC that the City's "Principles for Amalgamation" remain as the City's starting point for any future amalgamation discussions. Council also reaffirmed the January 31, 1995, City policy of not pursuing amalgamation with Electoral Area "A". However, if the Province and/or area residents request amalgamation, the City will consider amalgamation provided the City is compensated for any costs incurred.

At the conclusion of the Governance Review, on February 20, 2001, Council agreed to continue to address issues of mutual interest between the City and UBC through participation on the GVRD/UBC Joint Committee and the GVRD Small Communities (Electoral Areas) Committee. Council also invited UBC to work with the City to establish a Charter (Memorandum of Understanding) to address issues of mutual interest.

PURPOSE

The purpose of this report is to seek Council endorsation of a Charter to define and guide the relationship between the City and the University of British Columbia (UBC) with respect to mutual interests, the provision of services, and, should the need arise, dispute resolution.

BACKGROUND

Electoral Area "A" is the unincorporated area west of the City of Vancouver. It includes Pacific Spirit Park, the University Hill/University Endowment Lands (UEL), the institutional core of UBC, and related campus lands including the newly developing University Town which includes such residential communities as Hampton Place.

As an unincorporated area, the residents of Electoral Area "A" do not have the usual municipal governance structure. The University Hill/UEL residents receive services from, and pay taxes to, the Province. Residents of the University Town pay taxes to the Province and also a services levy to UBC. They receive services from the Province and from the University Neighbourhoods Association, an organization established by UBC to deliver municipal-type services. The GVRD is responsible for land use planning in Electoral Area "A". There is no elected body accountable to the residents of Electoral Area "A" for overall policy and service arrangements.

During 1996 and 1997, the GVRD coordinated the preparation of an Official Community Plan (OCP) for part of Electoral Area "A" including the University of British Columbia and Pacific Spirit Park. The City of Vancouver provided input to, and recommended approval of, the OCP.

The City's comments focussed on:

· Minimizing the impacts of commuting and truck traffic through Vancouver neighbourhoods; and
· Ensuring new development does not place demands on City services such as community centres.

In 1997, the Greater Vancouver Regional District adopted the UBC OCP. The OCP outlines growth and service directions for the area. The intent of the OCP is to reduce the "commuter campus" by creating a "complete community" associated with the University with housing, jobs, and amenities. Under the Official Community Plan and University Hill Plan, the resident population of Electoral Area "A" could grow from 11,000 student and permanent residents to 26,000 residents if the area is fully developed under existing plans. UBC currently has over 10,000 residents living within its 1,000 acres. Longer range plans contemplate the combination of student and market residents increasing to 30,000 to 40,000 people. The existing UBC day time population is 51,000 people of which 35,000 are students.

Following approval of the OCP, and subsequent Comprehensive Community Plan (CCP) and Strategic Transportation Plan (STP), UBC has been proceeding with planning for nine future residential areas. There will be a new elementary school, a commercial centre at University Boulevard, and a local shopping area on 16th Avenue by Hampton Place.

During 1999, the GVRD, UBC, Provincial government, residents of Electoral Area "A", and the City of Vancouver participated in a study to determine governance arrangements for Electoral Area "A". A City Councillor sat on the Governance Committee.

At the Committee's request, in September 1999, the City provided draft principles for amalgamation and a process to establish service standards and financial implications if the Governance Committee had an interest in pursuing amalgamation. See Council Report http://www.city.vancouver.bc.ca/ctyclerk/cclerk/990921/p5.htm. The Committee did not pursue amalgamation.

Since the Governance Committee did not recommend an alternative governance structure, the GVRD continues to have responsibility for monitoring implementation of the OCP. In 2000, the GVRD and UBC approved a Memorandum of Understanding (MOU) to manage the ongoing review and implementation of the OCP. Key elements include:

· A GVRD/UBC Joint Committee facilitates communications between the GVRD Board and the UBC Board of Governors.

·Committees were established by UBC to further refine transportation and neighbourhood planning. City staff contributed to this work and continue to comment on offsite impacts relevant to the City's interests.

· UBC has set up the University Neighbourhoods Association (UNA) to provide services and amenities to permanent residents on campus. The UNA also provides a link for residents and businesses with the UBC Board of Governors. A community office has been established where residents can access staff responsible for the provision of services, much like a municipal/city hall.

From the City's perspective, the present governance structure leaves a number of issues unresolved. For example, during the OCP process, some Electoral Area "A" residents looked to the City to represent their interests to UBC. Should this occur in future, the City will be placed in an unclear position as to role, responsibility, and remedies. Also the present governance structure does not provide a clear means for addressing any service and financial arrangements between the City and UBC.

To provide more clarity around the relationships, the City and UBC agreed in February 2001, to jointly develop a Charter to address areas of ongoing mutual interest. This might include the purchase of "municipal services" from the City. Currently the City's Fire Department services Electoral Area "A" on a contract basis. There might also be issues between UBC and the City with respect to campus bound traffic and the use of City facilities.

DISCUSSION

There are presently two GVRD committees with responsibilities related to planning for Electoral Area "A" and UBC.

1. The GVRD Small Communities Committee's 2003 Program includes:

2. The GVRD/UBC Joint Committee facilitates communications between the GVRD Board and the UBC Board of Governors. Councillor Raymond Louie represents the City on this committee.

As outlined in Recommendation "A", staff propose that City interests concerning initiatives under the mandates of these Committees continue to be addressed by these Committees. The most immediate example is the five year review of the UBC Official Community Plan currently being undertaken by the GVRD.

Not all issues which might arise between the City and UBC are within the purview of GVRD Committees. For example, UBC now has two campuses within the City of Vancouver -- Robson Square and the educational consortium located on Great Northern Way. These developments fall under the City's regulatory jurisdiction. As such, the City's rezoning process, development

and building permit process, and licensing procedures apply. Recommendation "B" references the role these procedures play in addressing development related issues.

However, not all potential relationships between the City and UBC fit under the jurisdiction of the GVRD and City regulatory processes. For example, in creating their University Town UBC may wish to purchase services from the City. A City-UBC Charter is proposed in Recommendation "C" to provide an agreed means of addressing financial arrangements and other areas of mutual interest.

The creation of an inter-agency Charter to address issues of mutual interest is not a new approach. A Charter exists between the City of Vancouver and the Port of Vancouver. The Port Charter was used as a prototype for the UBC Charter.

During the past year officials from the City and UBC have been preparing a Draft Charter for consideration by City Council and the UBC Board of Governors. When the Charter was first contemplated the intent was to address issues between the City and UBC's Point Grey Campus. Since then, UBC has established its Downtown Robson Square Campus and the Great Northern Way Campus. These initiatives were considered in preparing the Draft Charter.

The Draft Charter provides:

·Procedures to negotiate fee for service agreements between the City and UBC; and
·Dispute resolution processes.

The Charter is intended to provide guidelines for relationships between UBC and the City which are not otherwise covered by GVRD responsibilities or City regulatory processes.

The Charter acknowledges the legal independence and differing responsibilities of the two institutions (Point 1). The dispute resolution process, as noted in point 9( d ), invites UBC and the City to abide by the conclusions of an arbitration. However, where either the City or UBC cannot be legally bound by the rulings of a third party, neither shall be bound. Nevertheless, both institutions undertake to give the recommendations due consideration.

CONCLUSIONS

The advantage of a City-UBC Charter is that it establishes regular communication between the two parties, provides a process for resolving issues not addressed through existing GVRD and City processes, and provides procedures to be followed should the City or UBC wish to negotiate the purchase of services. The Charter is intended to complement existing GVRD and City processes.

- - - - -

APPENDIX A

DRAFT CHARTER For the Relationship between
The City of Vancouver
and
The University of British Columbia

Whereas the University of British Columbia (UBC) is the Province's oldest institution of higher education, a major employer, a substantial economic presence, a centre of excellence in learning, innovation, and research; and

Whereas the University is in the process of creating a University Town and is a destination for education, culture, and recreation for many Vancouver residents; and

Whereas the City of Vancouver (City) is recognised as one of the most liveable cities in the world committed to sustainability and fiscal responsibility that enhances the economic development, social, cultural, and recreational attributes of the City and region; and

Whereas the main UBC campus and the emerging University Town are located on the western border of the City and UBC is engaged in strengthening its city presence beyond its long established campuses thereby augmenting its contributions to the intellectual, social, cultural, and economic development of Vancouver; and

Whereas the City provides many municipal services and access essential to the effective operation of UBC and its university community and is home to many members of the university;

Therefore the City and UBC acknowledge the need for an effective, mutually beneficial, working relationship between themselves and commit to this Charter to guide that relationship and enhance the links between them.

1. The City and UBC each acknowledge their legal independence and their responsibility to act in a manner consistent with enabling legislation and obligations.

2. The City acknowledges UBC's Mission as articulated in its strategic plan (called `Trek 2000') to be an outstanding Canadian university and to create a university community that supports students, faculty, staff and alumni in achieving its mission.

3. UBC acknowledges Vancouver's Mission to create a great city of communities that cares about its citizens, its environment, and its capacity to offer opportunities to live, work, and prosper.

4. UBC and the City commit to continuing effective communication on matters of interest to both parties including, but not limited to, notice to each other and consultation onphysical developments and strategic policies and programs which may affect the other.

5. The President of UBC and the City Manager of Vancouver, or their nominees, will arrange annual joint meetings of their executive and/or senior managers, and additionally when appropriate, to review the relevant plans of the two institutions to determine matters of mutual benefit, issues that merit closer examination, and appropriate processes to address matters of mutual interest.

6. Following such annual meetings, the governing bodies of the two institutions -- the UBC Board of Governors and Vancouver City Council -- will receive reports from their officials and give directions, as each deems appropriate, on actions to support the common interests of the two parties.

7. Where opportunities may exist for either the City or UBC to provide services (e.g. police, planning, engineering,) to the other, the President of UBC and the City Manager of Vancouver will develop a draft agreement including, if appropriate, fee for service arrangements for consideration and approval by the UBC Board of Governors and Vancouver City Council.

8 Having regard to their respective mandates, the City and UBC agree to work together, through processes established through the proceedings described in Section 5, in the following areas of mutual interest, and, insofar as their separate interests and obligations may permit, participate in the development of mutually agreed plans to further those objectives and resolve issues in a manner that:

* * * * *

ag20030916.htm

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver