ADMINISTRATIVE REPORT

Date: November 20, 2002
Author/Local: P. Henderson

RTS NO.03103

CC File No.1203/3757

Council: November 26, 2002

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Vancouver Landfill Agreements

RECOMMENDATIONS

A. THAT Council approve entering into an agreement with the Corporation of Delta and the Greater Vancouver Sewerage and Drainage District on the general terms outlined in this report for the conveyance of a portion of the City's lands at the Vancouver Landfill to the Corporation of Delta or potentially to the Greater Vancouver Sewerage and Drainage District or Greater Vancouver Regional District subject to the conditions set out in Recommendation C.

B. THAT Council approve entering into an amending agreement to the 1999 Vancouver Landfill Agreement with the Corporation of Delta on the general terms outlined in this report on the construction of a secondary access road and associated rights of way at the Vancouver Landfill subject to the conditions set out in Recommendation C.

C. THAT no legal rights or obligations will arise and no consents, permissions, leases or licenses are granted by the above and none will arise or be granted unless and until all contemplated legal documentation has been (a) approved as to form by the Director of Legal Services and the General Manager of Engineering Services, and (b) executed and delivered by the Director of Legal Services on behalf of the City.

COUNCIL POLICY

Council authority is required for amendments to the City's intergovernmental Landfill operating agreements.

PURPOSE

This reports seeks Council Authority to enter into an agreement with the Greater Vancouver Regional Sewerage and Drainage District (GVS&DD) and the Corporation of Delta (Delta) and a second agreement with the Corporation of Delta. The first agreement is required to facilitate the transfer of part of the City's lands at the Vancouver Landfill to Delta or potentially the GVS&DD or Greater Vancouver Regional District (GVRD). Vancouver originally agreed to transfer the land to Delta in the 1999 Vancouver Landfill Agreement. The second agreement is required to facilitate the construction of a secondary access road at the Vancouver Landfill.

BACKGROUND

In 1999 Vancouver and Delta entered into a long term agreement regarding the operation of the Vancouver Landfill. The 1999 Vancouver Landfill Agreement (1999 Agreement) includes provisions for financial compensation to Delta for hosting the Vancouver Landfill as well as design and operational requirements for the Landfill. Vancouver and Delta agreed that the Landfill will provide long term disposal capacity for Vancouver, Delta and other neighbouring municipalities and that the footprint of the landfill would not increase over the remaining life of the Landfill. The current landfill footprint is approximately 225 hectares of the 635 hectare site area. Residual lands totalling approximately 300 hectares (80% of the size of Stanley Park) are to be given to Delta as park land. Approximate 2/3 of these lands were previously owned by the GVRD whose consent must be given for the lands to be transferred to Delta.

The 1999 Agreement included provisions for a right of way for a secondary access road to be constructed at the eastern edge of the Landfill through lands that Vancouver is giving to Delta. The agreed location of the right of way is within lands described in the Province of British Columbia's 1999 Burns Bog Ecosystem Review as important to preserve the viability of Burns Bog. Vancouver and Delta have concluded that it is beneficial to construct an access road in an alternative location to minimize impacts on the Bog. The 1999 Agreement must be amended to reflect the elimination of a requirement for the originally agreed to right of way.

DISCUSSION

The 1999 Agreement included a requirement for Vancouver to transfer lands at the Vancouver Landfill to Delta. Approximately 2/3 of those lands were previously owned by the GVRD and their consent must be given to allow transfer of the lands to Delta. Vancouver, Delta and the GVRD have been working on an agreement for the last two years. The new agreement specifies allowable uses for the lands to ensure that they stay in their natural bog condition and that use of the lands does not impact on the City's operation of the Vancouver Landfill. The agreement also specifies that in the event that the GVS&DD or GVRD acquires more than 500 hectares of land for a regional park within Burns Bog Delta will transfer the land to the GVS&DD or GVRD.

Vancouver has selected an alternative secondary access road alignment within lands that are not being given to Delta. The alignment has a number of benefits including:

- the road uses a historic road alignment which travels approximately 300 metres of the total 650 metre alignment
- the road is within lands that will be retained by Vancouver and therefore does not affect lands being conveyed to Delta
- the road is outside of the core bog area identified in the Burns Bog Ecosystem review
- the road can be used as an alignment for the pipeline delivering gas from the Vancouver Landfill to the cogeneration facility that will be constructed at the CanAgro Greenhouse south of Highway 99, eliminating the need for a separate alignment for the pipeline.

Delta has requested that Vancouver enter into an agreement with Delta giving up the right of way agreed to in the 1999 Agreement. Vancouver has proposed that an alternative right of way be agreed to outside of the core bog area. The alternative right of way would only be used in the event that the new secondary access road cannot be used in the future. The attached figure shows the new secondary access road, the 1999 right of way location and the proposed new right of way location.

LINK TO APPENDIX A

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(c) 1998 City of Vancouver