Joint Facility: Eastside Family Place/Britannia: Report #1

ADMINISTRATIVE REPORT

Date: September 22, 2000
Author/Local: A. Kloppenborg/871-6031
RTS No.1680
CC File No.
CS&B: October 3, 2000

TO: Vancouver City Council

FROM: Director of Social Planning and General Manager of Engineering Services, in consultation with the Director of Legal Services

SUBJECT: Joint Facility: Eastside Family Place/Britannia: Report #1

RECOMMENDATION

The Director of Social Planning recommends:

A. THAT Council approve taking a registered easement from the Vancouver School Board by which a significant portion of the new joint facility for Eastside Family Place and Britannia Community Services Centre may be located on School Board property upon the terms outlined in this report.

B. THAT Council waive the requirement for the land owners (City and School Board) to indemnify the City and the Chief Building Officer for agreeing to permit this construction crossing a property line as specified in Article 2.1.7.3. 1) b) ii) of the Vancouver Building By-Law.

C. THAT all agreements contemplated by this report be drawn to the satisfaction of the Director of Legal Services and on the understanding that no legal rights shall arise or be created hereunder until the agreements have been executed by her on behalf of the City.

The General Manager of Engineering Services recommends:

D. THAT the portion of William Street west of the lane west of Commercial Drive, shown hatched on the attached sketch marked Appendix A be closed, stopped-up and title raised thereto subject to the following conditions:

i) The sewer presently crossing the site is to be relocated to the satisfaction of the General Manger of Engineering Services, the source of funding to be the capital grant approved by Council to Britannia Community Services Centre on July 13, 2000.

ii) The area of closed road to be used for the construction of a building which will be leased or licensed to Eastside Family Place Society and Britannia Community Services Centre.

GENERAL MANAGER’S COMMENTS

The General Manger of Community Services RECOMMENDS approval of the foregoing recommendation.

COUNCIL POLICY

There is no applicable Council policy.

PURPOSE

This report is to seek Council’s approval of the proposed agreement between the City and the Vancouver School Board to allow the new Eastside Family Place/Britannia Services Centre building to sit partly on School Board land. A similar report is scheduled to be considered by the Vancouver School Board on October 16, 2000. The report also seeks to have Council agree to close, stop-up and raise title to the portion of William Street that will be occupied by the new structure. This is the same area which was previously leased to the School Board for the placement of the portable.

A second report, to be forwarded to Council shortly, will report on and seek approval for the terms of the agreement among the City and the two societies for the use and operation of the new building.
BACKGROUND

The existing Eastside Family place building is a portable which has come to the end of its useful life. Eastside Family Place Society has needed a larger space for some time and has recently worked with Britannia Community Services Centre to develop a plan for a new 2-storey pre-fabricated building which would both meet the needs of the Family Place and provide additional space for Britannia’s child and family programs. On July 13, 2000, Council approved capital grants of $250,000 and $260,000 respectively, to Eastside Family Place and to Britannia Community Services Centre, to assist with construction of the new facility. The building will be owned by the City and, in keeping with policy, be licensed/leased at a nominal rate to the operating societies, which will be responsible for their programs and services, as well as the day-to-day operation of the building.

The proposed new building, like the existing portable, is partly on William Street and partly on School Board land. Crossing the lot line was not an issue with the old portable because it is a temporary structure. In that case, the City leased the street to the School Board and the School Board sublet the whole building site back to Eastside Family Place. The new building requires a concrete footing and therefore requires a different type of agreement between the City and School Board. While sympathetic to the desire of the Family Place and Britannia for new space, the School Board would also prefer to end its role as middle man and have the City deal directly with the societies.

With regard to placing a building on the street, the General Manager of Engineering Services advises that although this portion of street is needed in the long term to provide for traffic movement and utility services, for the term of this arrangement, he has no objection to the closure and lease arrangement.

It is noted that design options other than one which crosses the lot line have been thoroughly examined and have proven to be unworkable. In its earlier attempts to re-develop, the Family Place proposed a two storey portable entirely on William Street. Because the site is beside one of the pedestrian access points to the Britannia school/community centre complex and is very close to the community centre, neither School Board nor City staff favoured the massing of a two-storey building in this location. The new proposal also has two storeys, but is able to achieve less mass because the grade change over the larger footprint allows the lower storey to be largely sub-grade. This site is very constricted and there are no directions in which to expand, other than across the School Board lot line. In the new design, about twenty (20) percent of the floor space is on School Board property. (See site maps, Appendix B)
DISCUSSION

Staff are proposing an agreement which deals with the split ownership issue and which responds to both City and School Board needs. The agreement needs to provide a length of term which recognizes the substantial contribution of public funds as well as the service providers’ need for stability, but also recognizes possible future needs of VSB to renovate/develop.

The proposed terms of the agreement are as follows:

1. the School Board grant to the City an easement for the portion of Lot 178 to be occupied by the proposed facility, such easement to be for a certain term of 20 years, followed by a year to year renewal if the School Board does not need the space for its own purposes;

2. the easement to be at no cost to the City;

3. the City is responsible for removing the building from school property at the City’s sole cost;

4. the City shall indemnify the School Board from all liability arising from the construction, use, existence, repair and removal of the building on and from the School Board’s property;

5. the City to pay registration and legal fees with respect to the easement; and

6. such other terms as are mutually satisfactory to the Vancouver School Board and the City.

This agreement may also include provisions under the Vancouver Building By-law for construction which crosses a parcel boundary, as required by the Chief Building Official..

In addition to seeking Council’s approval of the terms of the proposed agreement, staff are

requesting that Council waive the requirement in Article 2.1.7.3 (1) (b) (ii) of the Vancouver Building By-Law, that the landowner indemnify the City for agreeing to permit construction across a lot line. In this case, the City and the School Board are the landowners, the School Board will have granted the City an easement so a public objective can be achieved, and the building will be entirely owned by the City. In the view of staff, it is unnecessary to ask the School Board to indemnify the City.

A report requesting Vancouver School Board support is scheduled for the Board meeting on October 16^th. By the School Act this easement also requires approval from the Minister of Education. Board staff expect approval from the Board and the Minister without controversy.
Next steps

Britannia and Eastside Family Place are responsible for hiring the architect, and managing the tendering and construction. Facilities Development will assist in the monitoring of the project. Details of these arrangements are under discussion.

CONCLUSION

The easement from the School Board will give the City the security of tenure it needs for a building investment of this magnitude. Further, it will give the School Board the assurances it needs that the City will take full responsibility for the building.

* * * * *

Appendix A is not electronically available.

Appendix B is not electronically available.

Comments or questions? You can send us email.


TO:	Vancouver City Council
FROM:	Director of Social Planning and General Manager of Engineering Services, in consultation with the Director of Legal Services
SUBJECT:	Joint Facility: Eastside Family Place/Britannia: Report #1
RECOMMENDATION The Director of Social Planning recommends: A. THAT Council approve taking a registered easement from the Vancouver School Board by which a significant portion of the new joint facility for Eastside Family Place and Britannia Community Services Centre may be located on School Board property upon the terms outlined in this report. B. THAT Council waive the requirement for the land owners (City and School Board) to indemnify the City and the Chief Building Officer for agreeing to permit this construction crossing a property line as specified in Article 2.1.7.3. 1) b) ii) of the Vancouver Building By-Law. C. THAT all agreements contemplated by this report be drawn to the satisfaction of the Director of Legal Services and on the understanding that no legal rights shall arise or be created hereunder until the agreements have been executed by her on behalf of the City. The General Manager of Engineering Services recommends: D. THAT the portion of William Street west of the lane west of Commercial Drive, shown hatched on the attached sketch marked Appendix A be closed, stopped-up and title raised thereto subject to the following conditions: i) The sewer presently crossing the site is to be relocated to the satisfaction of the General Manger of Engineering Services, the source of funding to be the capital grant approved by Council to Britannia Community Services Centre on July 13, 2000. ii) The area of closed road to be used for the construction of a building which will be leased or licensed to Eastside Family Place Society and Britannia Community Services Centre. GENERAL MANAGER’S COMMENTS The General Manger of Community Services RECOMMENDS approval of the foregoing recommendation. COUNCIL POLICY There is no applicable Council policy. PURPOSE This report is to seek Council’s approval of the proposed agreement between the City and the Vancouver School Board to allow the new Eastside Family Place/Britannia Services Centre building to sit partly on School Board land. A similar report is scheduled to be considered by the Vancouver School Board on October 16, 2000. The report also seeks to have Council agree to close, stop-up and raise title to the portion of William Street that will be occupied by the new structure. This is the same area which was previously leased to the School Board for the placement of the portable. A second report, to be forwarded to Council shortly, will report on and seek approval for the terms of the agreement among the City and the two societies for the use and operation of the new building. BACKGROUND The existing Eastside Family place building is a portable which has come to the end of its useful life. Eastside Family Place Society has needed a larger space for some time and has recently worked with Britannia Community Services Centre to develop a plan for a new 2-storey pre-fabricated building which would both meet the needs of the Family Place and provide additional space for Britannia’s child and family programs. On July 13, 2000, Council approved capital grants of $250,000 and $260,000 respectively, to Eastside Family Place and to Britannia Community Services Centre, to assist with construction of the new facility. The building will be owned by the City and, in keeping with policy, be licensed/leased at a nominal rate to the operating societies, which will be responsible for their programs and services, as well as the day-to-day operation of the building. The proposed new building, like the existing portable, is partly on William Street and partly on School Board land. Crossing the lot line was not an issue with the old portable because it is a temporary structure. In that case, the City leased the street to the School Board and the School Board sublet the whole building site back to Eastside Family Place. The new building requires a concrete footing and therefore requires a different type of agreement between the City and School Board. While sympathetic to the desire of the Family Place and Britannia for new space, the School Board would also prefer to end its role as middle man and have the City deal directly with the societies. With regard to placing a building on the street, the General Manager of Engineering Services advises that although this portion of street is needed in the long term to provide for traffic movement and utility services, for the term of this arrangement, he has no objection to the closure and lease arrangement. It is noted that design options other than one which crosses the lot line have been thoroughly examined and have proven to be unworkable. In its earlier attempts to re-develop, the Family Place proposed a two storey portable entirely on William Street. Because the site is beside one of the pedestrian access points to the Britannia school/community centre complex and is very close to the community centre, neither School Board nor City staff favoured the massing of a two-storey building in this location. The new proposal also has two storeys, but is able to achieve less mass because the grade change over the larger footprint allows the lower storey to be largely sub-grade. This site is very constricted and there are no directions in which to expand, other than across the School Board lot line. In the new design, about twenty (20) percent of the floor space is on School Board property. (See site maps, Appendix B) DISCUSSION Staff are proposing an agreement which deals with the split ownership issue and which responds to both City and School Board needs. The agreement needs to provide a length of term which recognizes the substantial contribution of public funds as well as the service providers’ need for stability, but also recognizes possible future needs of VSB to renovate/develop. The proposed terms of the agreement are as follows: 1. the School Board grant to the City an easement for the portion of Lot 178 to be occupied by the proposed facility, such easement to be for a certain term of 20 years, followed by a year to year renewal if the School Board does not need the space for its own purposes; 2. the easement to be at no cost to the City; 3. the City is responsible for removing the building from school property at the City’s sole cost; 4. the City shall indemnify the School Board from all liability arising from the construction, use, existence, repair and removal of the building on and from the School Board’s property; 5. the City to pay registration and legal fees with respect to the easement; and 6. such other terms as are mutually satisfactory to the Vancouver School Board and the City. This agreement may also include provisions under the Vancouver Building By-law for construction which crosses a parcel boundary, as required by the Chief Building Official.. In addition to seeking Council’s approval of the terms of the proposed agreement, staff are requesting that Council waive the requirement in Article 2.1.7.3 (1) (b) (ii) of the Vancouver Building By-Law, that the landowner indemnify the City for agreeing to permit construction across a lot line. In this case, the City and the School Board are the landowners, the School Board will have granted the City an easement so a public objective can be achieved, and the building will be entirely owned by the City. In the view of staff, it is unnecessary to ask the School Board to indemnify the City. A report requesting Vancouver School Board support is scheduled for the Board meeting on October 16^th. By the School Act this easement also requires approval from the Minister of Education. Board staff expect approval from the Board and the Minister without controversy. Next steps Britannia and Eastside Family Place are responsible for hiring the architect, and managing the tendering and construction. Facilities Development will assist in the monitoring of the project. Details of these arrangements are under discussion. CONCLUSION The easement from the School Board will give the City the security of tenure it needs for a building investment of this magnitude. Further, it will give the School Board the assurances it needs that the City will take full responsibility for the building. * * * * * Appendix A is not electronically available. Appendix B is not electronically available.