Newsletter March 14, 2020
Who is Driving Oak Bay?
Despite the name Urban Development Institute, which sounds like an educational organization, “UDI is a non-profit association of the Development Industry in British Columbia “ (UDI website). Its membership includes not just developers and realtors but lawyers, engineers, architects, tradesmen, lending officers and other practitioners. It is pre-eminent in BC, with 169 members in the capital region, 494 in Vancouver, 213 in the Fraser Valley and the Okanagan. The BC chapter is affiliated with domestic and international chapters.
UDI is well financed through its large membership and substantial fees. Membership fees for developers in Vancouver range from $2100 to $7600 depending upon the number of their employees. For the Capital Region, the range is $700 to $1100. Fees for other than developers are somewhat less. As a result UDI should be in a position to engage the best lobbying, legal and public relations talent.
The CRD and five of its municipalities are members despite the obvious perceived conflict of interest. Signe Bagh (now the Oak Bay Director of Strategic Initiatives) is still listed as a UDI representative of the CRD as of March 14, 2020.
Oak Bay residents will recognize the names of such UDI members as:
The lobbying influence of UDI Pacific is widespread and it “serves as the public voice of the Real Estate Development Industry” (UDI website). (lobbying - mounting a campaign to influence - Oxford Dictionary.) The member organizations may be well established and reputable, but is it in the interest of Oak Bay residents for so many of them to be lobbying the same UDI agenda to our District? Is their lobbying beneficial to the lifestyle and enjoyment of existing residents and rate-payers?
Since 1972, UDI Pacific Region has been communicating with local governments, the media and community groups. “UDI concentrates its activities in three primary areas: government and community relations, research and professional development and education." (UDI website)
Most concerning is their active lobbying in the area of government and community relations. Apparently from the numerous letters from the UDI Chief Executive Officer (CEO) to municipalities (UDI website), UDI maintains a close watch over proposed bylaw changes and intervenes when the interests of its members and a municipality overlap. It seems that its well-trained researchers and legal counsel might well overwhelm municipal staff, and thereby influence the outcomes of bylaw amendments.
For Victoria, Saanich, Langford and Esquimalt, UDI membership may be excused as all are fast growing with a focus on development. But what is the rationale for Oak Bay's membership given that growth was not a strategic priority, nor discussed positively during the 2018 election? Indeed, the most discussed issues were uncontrolled growth, demolitions, tree removal, needlessly lax zoning, and over-building on small lots. Note: “The Urban Development Institute promotes ‘wise and efficient’ urban growth". (UDI website) “wise and efficient” is ambiguous and highly subjective.
UDI hosts luncheon speakers, socials, breakfast seminars and holds municipality-specific meetings which are closed to the public. As an example, a typical two-hour lunch meeting costs $125. Unlike Councillors, who attend UBCM and other meetings and then report, Oak Bay's UDI representative (the Director of Building and Planning) does not report on his UDI activities, nor are his expenses disclosed publicly.
A case in point is the closed meeting (“Designers’ Workshop”) that was held in the Windsor Pavillion in June 2016. Was it a conflict of interest for the District to use a District facility and staff- time to host a half-day ‘rate-paying residents not welcome’ meeting with developers?
During the 2018 election campaign, Nils Jensen (along with other UDI mayors) presented his agenda to bring more secondary suites to Oak Bay. This was during a UDI member-sponsored panel discussion captioned by the Times Colonist "Area Mayors Lay Out Development Strategies". Jensen is quoted as saying, "I am confident it (secondary suites) will go through and it is a very good way to provide affordable housing." Notwithstanding the election results which soundly rejected Jensen’s vision, the legacy lives on in the Planning Department as they continue to follow the Jensen staff directives of a secondary suite agenda.
As applicants, who are often UDI members, bring their development proposals forward to the Building and Planning Department, they are negotiating terms and conditions with municipal planning staff headed by a UDI representative who also oversees the Approving Officer.
Where is the balance? Why are developers so highly favoured? it is clear some councilors understand the lack of fairness, but by themselves are powerless to change the procedures and policies put in place by Mayor Jensen and his UDI friends. It is incredulous that the present Council seems unable to address the disconnect between the majority campaign platforms and the currently-presented priorities.
While hopefully there is no pecuniary conflict of interest, there is certainly potential for the compromising of Oak Bay staff. If they are heavily lobbied by the UDI mantra "Growth is Good no Matter the Impacts", they would tend to favour the interests of the development industry over those of the existing residents and taxpayers. The same residents who decisively voted their concerns about over-development in the last election.
Oak Bay Watch Perspective
It is not clear to us what most Council members do not understand about British Columbia Lobbying Laws. These laws, for good reason, requite lobbyists to identify themselves and their target and “declare details of their lobbying efforts” and provide this information to the public. The Lobbyists Registration Act (LRA) states: “Lobbyists” are persons who, on behalf of their employers or clients, communicate with public office holders in an attempt to influence their decisions”.
Therefore: Oak Bay Watch requests Council to consider the following questions:
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*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well-informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our “based on facts” newsletter – bottom of Newsletter Menu Item.
Who is Driving Oak Bay?
Despite the name Urban Development Institute, which sounds like an educational organization, “UDI is a non-profit association of the Development Industry in British Columbia “ (UDI website). Its membership includes not just developers and realtors but lawyers, engineers, architects, tradesmen, lending officers and other practitioners. It is pre-eminent in BC, with 169 members in the capital region, 494 in Vancouver, 213 in the Fraser Valley and the Okanagan. The BC chapter is affiliated with domestic and international chapters.
UDI is well financed through its large membership and substantial fees. Membership fees for developers in Vancouver range from $2100 to $7600 depending upon the number of their employees. For the Capital Region, the range is $700 to $1100. Fees for other than developers are somewhat less. As a result UDI should be in a position to engage the best lobbying, legal and public relations talent.
The CRD and five of its municipalities are members despite the obvious perceived conflict of interest. Signe Bagh (now the Oak Bay Director of Strategic Initiatives) is still listed as a UDI representative of the CRD as of March 14, 2020.
Oak Bay residents will recognize the names of such UDI members as:
- Abstract Developments which is building the Bowker/Cadboro Bay condo development, and is blasting within the Prospect Place Heritage Conservation Area;
- Urban Core Ventures which is building the probable, environmentally-destructive strata subdivision at 237 King George Terrace;
- Large & Co which wants to build the Quest Condos on Oak Bay Ave.
- Realty companies Royal Lepage, Engel & Volkers and Pemberton Holmes.
- Urban Forum Associates, the Vancouver-based consultant which failed badly to convince Oak Bay residents of the need for infill housing at two District-hosted meetings at the University of Victoria.
- Strongitharm Consulting (City Spaces) which contracts to the Oak Bay Building and Planning Department.
- Urban Matters, sister organization to UDI member Urban Systems, which just produced a noticeably deficient Housing Needs Report for Oak Bay.
- Greater Victoria Chamber of Commerce which is actively lobbying Oak Bay for membership.
The lobbying influence of UDI Pacific is widespread and it “serves as the public voice of the Real Estate Development Industry” (UDI website). (lobbying - mounting a campaign to influence - Oxford Dictionary.) The member organizations may be well established and reputable, but is it in the interest of Oak Bay residents for so many of them to be lobbying the same UDI agenda to our District? Is their lobbying beneficial to the lifestyle and enjoyment of existing residents and rate-payers?
Since 1972, UDI Pacific Region has been communicating with local governments, the media and community groups. “UDI concentrates its activities in three primary areas: government and community relations, research and professional development and education." (UDI website)
Most concerning is their active lobbying in the area of government and community relations. Apparently from the numerous letters from the UDI Chief Executive Officer (CEO) to municipalities (UDI website), UDI maintains a close watch over proposed bylaw changes and intervenes when the interests of its members and a municipality overlap. It seems that its well-trained researchers and legal counsel might well overwhelm municipal staff, and thereby influence the outcomes of bylaw amendments.
For Victoria, Saanich, Langford and Esquimalt, UDI membership may be excused as all are fast growing with a focus on development. But what is the rationale for Oak Bay's membership given that growth was not a strategic priority, nor discussed positively during the 2018 election? Indeed, the most discussed issues were uncontrolled growth, demolitions, tree removal, needlessly lax zoning, and over-building on small lots. Note: “The Urban Development Institute promotes ‘wise and efficient’ urban growth". (UDI website) “wise and efficient” is ambiguous and highly subjective.
UDI hosts luncheon speakers, socials, breakfast seminars and holds municipality-specific meetings which are closed to the public. As an example, a typical two-hour lunch meeting costs $125. Unlike Councillors, who attend UBCM and other meetings and then report, Oak Bay's UDI representative (the Director of Building and Planning) does not report on his UDI activities, nor are his expenses disclosed publicly.
A case in point is the closed meeting (“Designers’ Workshop”) that was held in the Windsor Pavillion in June 2016. Was it a conflict of interest for the District to use a District facility and staff- time to host a half-day ‘rate-paying residents not welcome’ meeting with developers?
During the 2018 election campaign, Nils Jensen (along with other UDI mayors) presented his agenda to bring more secondary suites to Oak Bay. This was during a UDI member-sponsored panel discussion captioned by the Times Colonist "Area Mayors Lay Out Development Strategies". Jensen is quoted as saying, "I am confident it (secondary suites) will go through and it is a very good way to provide affordable housing." Notwithstanding the election results which soundly rejected Jensen’s vision, the legacy lives on in the Planning Department as they continue to follow the Jensen staff directives of a secondary suite agenda.
As applicants, who are often UDI members, bring their development proposals forward to the Building and Planning Department, they are negotiating terms and conditions with municipal planning staff headed by a UDI representative who also oversees the Approving Officer.
- In business, the term for UDI's situation in Oak Bay would be "being on both sides of the deal";
- The applicants meet one-on-one with the Planner early in the Request-for-Approval process;
- Proposals are referred to the APC (Advisory Planning Commission) where no public input is allowed;
- Long, involved formal presentations are entertained at Council Committee of the Whole (COW) meetings and an additional opportunity is available to the applicant when the proposal comes before Council for approval:
- The neighbours and the public, meanwhile, are kept in the dark and are not permitted to voice their concerns until a late-stage COW meeting,
Where is the balance? Why are developers so highly favoured? it is clear some councilors understand the lack of fairness, but by themselves are powerless to change the procedures and policies put in place by Mayor Jensen and his UDI friends. It is incredulous that the present Council seems unable to address the disconnect between the majority campaign platforms and the currently-presented priorities.
While hopefully there is no pecuniary conflict of interest, there is certainly potential for the compromising of Oak Bay staff. If they are heavily lobbied by the UDI mantra "Growth is Good no Matter the Impacts", they would tend to favour the interests of the development industry over those of the existing residents and taxpayers. The same residents who decisively voted their concerns about over-development in the last election.
Oak Bay Watch Perspective
It is not clear to us what most Council members do not understand about British Columbia Lobbying Laws. These laws, for good reason, requite lobbyists to identify themselves and their target and “declare details of their lobbying efforts” and provide this information to the public. The Lobbyists Registration Act (LRA) states: “Lobbyists” are persons who, on behalf of their employers or clients, communicate with public office holders in an attempt to influence their decisions”.
Therefore: Oak Bay Watch requests Council to consider the following questions:
- Has it been decided that growth is a strategic priority for Oak Bay?
- If so, how was this decision reached?
- Given the election results, was there any prior public engagement involved?
- Does UDI membership serve the interests of residents?
- What is the rationale for Oak Bay's membership in UDI and who authorized it?
- Was the public consulted regarding membership?
- Who decided that Bruce Anderson, Director of Building & Planning, should be the UDI contact?
- Does he recuse himself from negotiations with other UDI members?
- Given the present absolute ‘Land Titles’ power of the District Approving Officer, should he/she be subordinate to a UDI member?
- Isn’t it Council’s role to structure the system to avoid potential bias and potential conflicts of interest?
- Since the #1 job of Council is to consider public interest, how can they condone belonging to an organization whose main agenda often counters public interest?
- Would it not be more prudent for the District of Oak Bay to belong to organizations who counter the strong developer lobbying influence of the UDI?
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*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well-informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our “based on facts” newsletter – bottom of Newsletter Menu Item.