City manager Penny Ballem offers talking points to councillors if they're asked about appeal of Brenhill ruling
Earlier today, the Community Association of New Yaletown expressed frustration over the City of Vancouver's decision to file a notice of appeal in response to a widely-discussed court decision.
The neighbourhood group is also seeking public donations as it prepares for a second round in court against two deep-pocketed opponents.
On January 27, B.C. Supreme Court Justice Mark McEwan nullified Brenhill Developments' rezoning for a 36-storey tower at the southwest corner of Richards and Helmcken streets because the city had failed to provide sufficient information at a public hearing.
McEwan's decision also cancelled a development permit for a 162-unit project across the street that would include 87 units of social housing and 75 units of low-end market-rental housing. It was going to be built by Brenhill and turned over to the city as part of a property swap with the city.
Low-income residents of Jubilee House were supposed to move into the new 162-unit project, but that's no longer a certainty in light of the ruling.
The Straight has obtained a memo by city manager Penny Ballem to the mayor and council, as well as ri senior staff, defending its decision to appeal.
"In our review over the last 3 weeks with internal and external legal advisors, it is clear that key elements of the decision raise far-reaching public law considerations that will affect the conduct of zoning, development and other civic affairs for years to come," Ballem wrote.
Brenhill has also filed notice to appeal and the city hopes that its action and Brenhill's action will be heard at the same time in court.
In her memo, Ballem explained that nearly 100 construction workers have been laid off as a result of the court decision. In the meantime, 87 residents of Jubilee House "are extremely distressed given the uncertainty related to building of their new home".
Ballem listed three talking points in her memo, which she described as "appropriate" for councillors to use if asked about this situation:
• "The City is anxious to permit resumption of construction of the much needed 162 units of social housing which will be the future home for the residents of Jubilee House who are extremely distressed by the current situation;
• "The Court decision identified a number of areas where the Judge signaled a need for changes in City processes—these comments will be carefully reviewed and addressed on a without prejudice basis as the reconsideration of the various applications occurs over the coming weeks;
• "key elements of the decision raise far-reaching public law considerations that will affect the conduct of zoning, development and other civic affairs for years to come—in that context, the City of Vancouver (the "City") filed a notice of appeal on February 18 2015."
Comments
4 Comments
Stick to Facts Please, Ma'am
Feb 19, 2015 at 7:03pm
Even in one of her "talking points" Penny Ballem confirms why neighbourhood have a problem with the way City Hall is functioning of late:
"The City is anxious to permit resumption of construction of the much needed 162 units of social housing ..."
But the article notes (correctly):
"McEwan's decision also cancelled a development permit for a 162-unit project across the street that would include 87 units of social housing and 75 units of low-end market-rental housing."
One of these things is not like the other. The building under construction is NOT 162 units of "social housing" - the convoluted scheme created by Brenhill and the city did not propose to create social housing units in excess of those lost at Jubilee House - it was a one for one replacement with the additional units being very small "low end of market" rental units. The city finally "came clean" on this point during the court case.
The City Manager's recent language is exactly the type of mis-representation that the Judge chastised the city for - yet they continue in their approach that "if we say it enough, we can convince people it's true." Fortunately, some folks, including the courts, are starting to listen a bit more carefully.
New Yaletown neighbour
Feb 19, 2015 at 7:12pm
It's so like Penny Ballem to try to through her own employees under the bus.
Her talking points for staff include referring to "162 units of social housing"! Ballem knows full well there never were 162 units of social housing proposed in this project. The judge slapped down the COV for exactly this sort of misrepresentation to the public. Has she learned nothing in all of this? Or does she expect her "orders" to her "minions" will be obeyed unquestioningly, even when they are being asked to lie?
Ballem says that 87 residents of Jubilee House "are extremely distressed given the uncertainty related to building of their new home". Well that's on you, Penny. You and Jackson were the ones that manipulated these disadvantaged residents by failing to maintain their existing home, only a few decades old, and then used that state of disrepair in your presentations to the public, as justification for doing this "innovative deal".
This entire debacle smells of corruption, but "it could never happen here", right Vancouver? After all, Mexico, Quebec, the USA, Brazil, etc have a monopoly on dirty deals done between politicians and their pals...right?
If only someone in authority in this Province has the cojones to investigate how this deal came together in the first place. Is it possible that this is exactly what Justice McEwan was trying to facilitate in his ruling.....?
FOLLOW THE MONEY.
Friends and family
Feb 19, 2015 at 8:41pm
City Hall has a "friends and family" approach to development permits, obviously. City property is our property and it shouldn't be given away without public bid. Brenhill could finish the new jubilee house, take ownership of 508 helmcken and sell the property for a 50 million profit without lifting a finger. By the mess you see at their 1099 Richards site while building a 12 story building you kind of wonder how they are ever going to build a 36 story building with 10 levels of underground parking in such a small lot as 508 Helmcken. I'm getting dizzy already just thinking about driving down to the last spot in that underground parking...
Penny is Part of the Problem
Feb 20, 2015 at 10:40am
The city gets caught for one of their many questionable deals with a friendly developer but of course the spin is about the laid off workers and the residents of Jubilee house. Right. This deal was a goldmine for the developer, the kind of deal one gets only after being a Friend of Gregor for many years. All too often the deals made by the city, as bad as they are initially, get worse as the project moves forward but generally the media ignore such minor changes. Who cares if a street level park now becomes a rooftop greenspace, right?
Penny Ballem has been one of the leading lights of the giving over of the city to developers and green capitalists. She supports subsidizing the transition of private utilities to green power, those owned by Friends of Gregor at least, and supported the entire Oakridge fiasco as well as the neighbourhood plans for Grandview - Woodlands & Marpole. When she leaves her job she will enter the world of corporate boards as there are many Friends of Gregor who will support her while she collects her pension.