Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

City Manager

SUBJECT:

Relationship Between the City and the Vancouver Port Corporation

 

RECOMMENDATION

COUNCIL POLICY

There is no Council policy governing the overall relationship between the City and the Vancouver Port Corporation.

PURPOSE

This report presents a proposed Charter to guide the relationship between the City and Port in a manner which will recognize both the independence and the joint interests of the two organizations.

BACKGROUND

The Port and City have significant common interests. The Port is a major economic generator for the City and region. The Port controls a large portion of the City's waterfront land area, and has management responsibilities for water areas within City boundaries. The City has a planning responsibility for lands adjacent to the Port, provides essential municipal services, and can exert significant political influence on development within the Port. An effective long-term relationship between the two organizations clearly could offer significant benefits to both.

The relationship between the City and Port of Vancouver has varied significantly over the years. At times, the relationship has been quite positive, largely around specific projects which have been in both organizations' interests. On other occasions, particularly around development issues, relations have been strained. Both organizations have highly developed procedures, precedents and legal requirements to determine the nature of their relationships with other parties, and both are generally accustomed to being able to impose these requirements on others. Occasionally, this has led to difficult, time consuming, and complex relationships between the City and Port.

Historically, the City and Port for the most part have dealt with each other on specific issues and projects, rather than in the context of a long-term relationship. Even where the projects have been mutually beneficial, the commercial practices of the two organizations have sometimes led to difficulties. Where the issues have involved important financial or policy issues for City and Port, relationships have occasionally been quite divisive.

More recently, relationships between the City and Port have been very positive. The consistent, positive approach of Port management has made this possible, and strong working relationships have been developed between senior managers in the two organizations. This relationship has been demonstrated in provision of waterfront park, transition financial arrangements for policing, the Blueways Proposal, agreement on Central Waterfront development, and recent major access projects involving joint financing and development.

To some degree, however, these relationships are a function of the individuals involved. The Port President and the City Manager believe that it would be in both organizations' long term interest to establish a formal partnership arrangement to focus on the joint interests of the City and Port. The partnership would provide a structured working arrangement to identify issues and opportunities in advance, and implement a cooperative, non-legalistic approach to guide the relationship. This report presents a proposed umbrella "Charter for the Relationship Between the City of Vancouver and Vancouver Port Corporation" to establish that partnership arrangement. The same proposal will be presented simultaneously to the Port Board.

DISCUSSION

The proposed Charter is a very basic document. It does not attempt to establish specific operating agreements in any area of the relationship between the City and Port. Rather, as its name suggests, it attempts to establish the nature of the relationship. The independence and separate accountability of the two organizations are acknowledged. Areas of common interest are set out and the value of cooperative work identified. Communication between the two organizations is emphasized, including a process for at least annual meetings between senior staff of the two organizations to identify and report both strategic and immediate issues to the Port Board and Council. A joint objective to develop simplified legal arrangements between the two organizations is established, together with a dispute resolution process providing every opportunity for disputes to be resolved administratively and politically before referral to arbitration.

The City Manager believes the proposed Charter would provide a valuable direction for the relationship between the two organizations. The emphasis on mutual interests and communication is constructive. The simplification of legal relationships, while not easy to attain, is appropriate given that dispute resolution is in any event likely to be achieved politically rather than through legal processes. In that context, the proposed dispute resolution process is appropriate. The Charter for the relationship will not in itself determine the nature of the relationship - but the direction it sets out will if followed contribute to a continuing constructive relationship, and provide an umbrella for more detailed agreements on areas of mutual interest.

CONCLUSION

The proposed Charter (attached) will assist in developing and maintaining a long-term constructive relationship between the Port and the City, and its approval is recommended.

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ag980616.htm

Charter for the Relationship Between the
City of Vancouver
and
Vancouver Port Corporation

Whereas the Port of Vancouver (Port) is a major employer and economic generator within the Vancouver region and Canada's premier Port,

And Whereas the Port occupies a major proportion of the waterfront lands in the City of Vancouver,

And Whereas the City of Vancouver (City) provides municipal services and access, essential to the effective operation of the Port, and manages development adjacent to the Port,

And Whereas the City and the Vancouver Port Corporation (Port Corporation) are both committed to the economic development of the region, the provision of jobs, the efficient movement of goods and people, and the maintenance and enhancement of the environment,

Therefore the City and the Port Corporation acknowledge the importance of each to the other, and the necessity for a good working relationship between the two bodies, and commit to this Charter to guide that relationship.

1. The Port Corporation and the City each acknowledge the independence of the other, and the obligation of each to act in a manner consistent with its enabling legislation and obligations.

2. The Port Corporation 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 on physical developments and management policies which may affect the other.

3. The President and CEO of the Port Corporation and the City Manager of the City will arrange joint meetings of their respective management teams at least annually, and additionally when appropriate, to review the relevant plans of the two organizations to determine where there may be issues requiring resolution and areas where the two organizations may be mutually supportive.

4. Following the annual meeting of staffs from the two organizations, the Port Corporation Board and City Council will receive reports from their officials and give direction as each may deem appropriate on issues requiring action by staff to support the joint interests of the two organizations.
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5. In the event of a disagreement, the City and Port Corporation agree to rely on a dispute resolution procedure involving:

6. Where legally possible, the City and Port Corporation agree to be bound by the conclusions of the arbitration. Where either City or the Port Corporation cannot be bound by the rulings of a third party, neither shall be bound, but both undertake to give the recommendations from the process due consideration.

7. On matters requiring formal agreement between the two parties, the City and the Port Corporation agree to pursue simplified legal agreements relying on the dispute resolution procedure set out above.

8. The City and the Port Corporation agree to work together in the following areas of mutual interest, and insofar as their separate interests and obligations may permit, the development of mutually agreed plans to further these objectives:

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ag980616.htm

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