Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

Director of City Plans

SUBJECT:

Electoral Area "A" Governance Study

 

RECOMMENDATIONS

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On January 31, 1995, Council agreed to continue the City's policy of not pursuing amalgamation with the University Endowment Lands. However, if the Province and/or UEL residents request amalgamation, the City welcomes inclusion of the area within its boundaries provided the City is compensated for any costs incurred.

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 March 25, 1997, Council instructed staff to do an analysis of the costs and revenues associated with the inclusion of all or part of Electoral Area A in the City of Vancouver.

SUMMARY AND PURPOSE

The future growth of Electoral Area A (UEL and UBC lands) raises questions about the approval process for new development and about the provision of services for a larger population. This report provides an update on the Governance Study for Electoral Area A and proposes a process for the City's response during the initial study and if amalgamation of all or part of the area with the City of Vancouver is the recommended option.

The Governance Study includes a review of the financial, political, and social consequences of various governance options. The study started in April 1998 and concludes in 1999 with a recommendation by the Governance Committee, to the Minister, on the preferred governance model.

The consequences of the Electoral Area Governance Study on the City of Vancouver depend upon whether there is a role for the City in the future administration of the area. Whether amalgamation is a serious option will not be known until late in 1998 (conclusion of step 3 of the governance process). Therefore staff propose that during Steps 1 through 3, the City process be similar to that during the preparation of the UBC-OCP. The City will provide information and comment on issues with respect to the City's interests.

If amalgamation is proposed, a comprehensive review and a public process will be required to establish the City's position on amalgamation and to negotiate agreements for assuming the delivery of services. Since the Vancouver Charter is silent on the process for extending the City's boundaries, staff recommend starting discussions with the Minister of Municipal Affairs to agree procedures should amalgamation be the recommended model.

BACKGROUND

Electoral Area A is the unincorporated area west of the City of Vancouver. It includes Pacific Spirit Regional Park, the University Hill/University Endowment Lands community, the institutional core of UBC and related campus lands including the new residential community of Hampton Place.

As an unincorporated area, the residents of Electoral Area A do not have the usual municipal governance structure. The University Hill residents receive services from, and pay taxes to, the Province. Residents in the area administered by UBC pay service charges to the University. There is no elected body accountable to the residents for the charges and service arrangements.

In 1995, University Hill and Hampton Place residents held a referendum on whether to create a new municipality. The vote indicated the majority were not in favour of incorporation at that time.

Since then, the Official Community Plan has been adopted. The reason for again considering the governance issue is that, 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.

The future growth of the area raises questions about the approval process for new development and about the provision of services to the larger population. In a typical municipal government system, proposals for new development are subjected to a zoning and development process which is governed by a city council. The provision of services for both existing and new residents and the taxation implications of these services are also governed by a council elected by those who seek the services and pay the taxes. Residents and business owners have an opportunity to voice any concerns about new development and the provision of services to their elected council. If they are not satisfied with the results they have the option of voting for a new council to manage their affairs.

During the OCP process questions were asked about the process for managing new development on the university lands. Under the present governance system, the UBC Board of Governors is, in effect, both the developer of a new community and the approving authority. Since the Board of Governors is appointed, adjacent residents raised issues about how, should they have concerns about the impact of the new development, their concerns would be addressed. These questions, combined with the broader philosophical issue of "no taxation without representation" led to the governance study.

GOVERNANCE STUDY PROCESS

A terms of reference for a governance study for Electoral Area A has been prepared by the GVRD and agreed by UBC and the City of Vancouver. The Ministry of Municipal Affairs is funding the study. Associated agencies (GVRD, UBC, UEL, and City of Vancouver) are providing "in kind" contributions toward administrative services and data gathering.

The Governance Study includes all of Electoral Area A. The options being considered include:

· continuation of the current electoral area governance model;

· incorporation of a new municipality with a standard municipal governance structure;

· incorporation of a new municipality with a special municipal structure to include a council on which UBC is represented; and/or

· inclusion of the area in the City of Vancouver.

All of the options could apply to all or part of Electoral Area A. This means that there are 10 or more options for consideration. Several options have consequences for the City. If amalgamation is proposed, the City will need to assess the costs of providing services. If a new municipality is proposed, the City may be requested to provide services on a contract basis. For example, the City currently provides fire and rescue services and some library access to area residents. Electoral Area A is part of the Vancouver school system.

The study process is in two phases-- a public process led by a Governance Committee to recommend a preferred option followed by a process whereby the Provincial Government decides on the governance model.

1. GOVERNANCE COMMITTEE PROCESS (Steps 1 through 3)

A Governance Committee has been established to manage the first steps of the study and make a recommendation to the Minister on the form of local governance. The Governance Committee includes an appointee from the GVRD Board who chairs the Committee, the Electoral Area A GVRD Director, a City of Vancouver appointee (Councillor Jennifer Clarke), an appointee from the UBC Board of Governors, and three residents (from University Hill, UBC Campus, and Hampton Place) whose role is to reflect the interests of existing residents. The Governance Committee receives administrative assistance from the GVRD. There is a Technical Committee with representatives from UBC, UEL, GVRD, and the City of Vancouver (Director of City Plans). Consultants have been hired to do the technical component of the study and manage the public process.

The Governance Committee is undertaking a review of present and future financial implications (service costs and revenue sources), service types and levels, and the political and social consequences of the various governance options. The study process started in April 1998 and concludes by early 1999 with a recommendation by the Governance Committee on the preferred governance model. The Governance Committee process includes the following three steps. The process has been developed by the Governance Committee. There are no specific legislative requirements to be met.

Step 1 April through June 1998: Analysis of the existing governance system, service delivery, and costs. Identification of issues and evaluation criteria. Newsletter, open house, and forum for public information and input.

Step 2 July through September 1998: Preliminary evaluation of alternatives. Selection of options for further review. Newsletter, open house, and forum.

Step 3 October through December 1998/ early 1999: Evaluation of short listed options. Governance Committee recommendation of preferred option. Stakeholder workshop, newsletter, open house, and public forum.

The Governance Committee recommendation is forwarded to the Minister of Municipal Affairs. Step 4 is discussed in the next section.

The Governance Committee public process is focused on residents of Electoral Area A. Newsletters will be distributed to homes in the Electoral Area. Copies will be sent to community groups in adjacent Vancouver neighbourhoods but not to neighbouring homes or businesses. UBC faculty, staff, and students will learn about the process through on-campus communications.

The Governance Committee assumes the City will be responsible for representing the wishes of its residents. The Committee expects the City to conduct such consultations as may be needed to determine these wishes.

There will be opportunities, in Step 2 (selection of short listed options) and Step 3 (recommendation of governance model) for Council to formally input into the Governance Committee process. This raises the question of what process Council wishes to pursue to respond to the Governance Committee study. Establishing a process is complicated by the fact that we will not know until later in the process whether amalgamation will be the recommended outcome.

Staff recommend that during Steps 1 through 3 the City process include:

· providing information on the City web site about the process, any upcoming public events or City reports, and Governance Committee/GVRD contacts for further information;

· providing information about City procedures and services to assist the Governance Committee to assess options; and

· Council reports at Steps 2 and 3. Depending upon the issues, delegations may wish to address Council. To facilitate this, staff will maintain a contact list of community groups and others who wish to be informed when Council is considering reports on the Governance process.

This is similar to the City's process during the preparation of the UBC-OCP. As in the OCP process, citizens with specific issues and ideas will be encouraged to attend the open houses and public forums.

To prepare information to assess the City's position, an inter-department staff committee has been formed and departments have started assembling information. Given that amalgamation is only one of several options, the City's analysis is being done in several phases. The above process can be done with existing resources. The more costly work, such as a full review of the provision of sewer, water, and electrical services and the creation of draft zoning by-laws, is scheduled to be done later in the process when it is known whether amalgamation is likely. As agreed in March 1997, staff will report back if additional resources are required to do this work.

2. PROVINCIAL DECISION PROCESS (Step 4)

The recommendation of the Governance Committee is forwarded to the Minister of Municipal Affairs. The Municipal Act provides legislative guidance for the incorporation of a new municipality or amalgamation. Conditions with respect to holding a governance referendum are detailed. The Vancouver Charter does not contemplate a change in boundary and has no language to deal with a boundary extension. A process would need to be agreed with the Province. Council may wish to start discussions with the Minister of Municipal Affairs on procedures for responding to a request for inclusion of all or part of Electoral Area A within the City of Vancouver and for negotiating the delivery of services.

CONCLUSION

The process for determining the future governance structure for Vancouver's western neighbour, Electoral Area A, is underway. This is a complex issue involving existing residents, a large institution (UBC) and consideration of the needs of future residents. The results will have consequences for Vancouver. These consequences could range from agreements for the provision of services to an expansion of the City of Vancouver and responsibility for providing a full range of services to a new area. Determination of processes for expanding the City's boundaries and negotiating service agreements should start now in order to be in place for later this year.

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