Vancouver City Council |
ADMINISTRATIVE REPORT
Date: November 3, 2003
Author/Local: M.G. Thomson/7328
RTS No. 03615
CC File No. 1203
Meeting Date: November 18, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services in Consultation with the Director of Legal Services and the Director of Real Estate Services
SUBJECT:
Proposed Licence Agreement over a Portion of Victoria Drive, North of Powell Street; Vancouver Port Authority Implementation of
Vehicle Access Control System
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to enter into a Licence Agreement (the "Licence") for those portions of Victoria Drive, north of Powell Street, the same as shown in heavy outline on the plan attached hereto as Appendix "A", (the "Licence Areas") subject to the following conditions:
1. The Licence to be granted to the Vancouver Port Authority (the "VPA");
2. The term of the Licence to be 20 years;
3. The fee for the term to be a nominal sum of $10.00;
4. The Licence to be subject to a six-month cancellation clause, cancellation to occur only upon resolution of Council;
5. The Licence Areas to be used only for the provision of security measures, including barricades, gates, bollards, curb and gutter, signage and traffic control as required by the VPA to control access to the Port of Vancouver. The controls shall be designed such that access for pedestrians (and cyclists) with Port business is provided for. All
installations are to be designed to insure there is no queuing of vehicles on City streets;
6. The VPA to provide an as-built survey after completion of all installations to the satisfaction of the General Manager of Engineering Services.
7. The VPA is to maintain the Licence Areas, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
8. The City and the utility companies to retain the right of entry, without notice, into the Licence Areas and to temporarily interrupt the Licence for installation, removal, maintenance, repair or renewal of any utility, in, under, or above the Licence Areas;
9. There are to be no permanent structures within the Licence Areas. Any temporary structures including signage, shall be to the satisfaction of, and will require the written approval of, the General Manager of Engineering Services;
10. Emergency service vehicles to have the right of entry to the Licence Areas, including passage through the Licence Areas at any time;
11. The agreement to contain provisions to ensure that the owners and occupiers of abutting lands have rights of access to the satisfaction of the General Manager of Engineering Services. Such rights of access include the need to use the Licence Areas for emergency ingress and egress, including fire escape routes, building maintenance and deliveries;
12. Upon expiry or termination of the Licence, the VPA is to be responsible for restoration of the Licence Areas to the satisfaction of the General Manager of Engineering Services;
13. The VPA to assume full responsibility for liabilities, loss and damages from their occupancy or use of the Licence Areas, and to carry comprehensive general liability insurance to the satisfaction of the Director of Risk and Emergency Management;
14. The Licence to contain such other terms and conditions satisfactory to the Director of Legal Services, Director of Real Estate Services and the General Manager of Engineering Services.
B. THAT the VPA be responsible for all costs associated with installations on the Licence Areas and any costs associated with street modifications on adjacent City streets and lanes required as a result of the installations on the Victoria Drive access to the Port. This shall include all railway company requirements, including insurance, to allow for the cessation of train whistles at the Victoria Drive train crossing.
C. THAT Council authorize the General Manager of Engineering Services to approve minor and inconsequential amendments to the Licence Areas, should minor variations in the area containing the required uses be identified and agreed to between the VPA and the City.
D. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter, unless and until all contemplated legal documentation has been executed and delivered by all parties.
E. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services and Director of Legal Services, that the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.
COUNCIL POLICY
There is no Council policy directly applicable to this matter.
The Vancouver Charter provides the authority for creating interests over streets and lanes within the City.
SUMMARY
Victoria Drive northerly of Powell Street provides one of four main access points to the Port of Vancouver. The VPA under worldwide pressure, is developing security plans for the Port. These security plans include restricting access to the Port. The VPA has requested permission to occupy through a Licence Agreement portions of Victoria Drive, north of Powell Street for the provision of measures to control access to the Port. Access for pedestrians and cyclists with Port business will be provided for.
PURPOSE
The purpose of this report is to seek the formal authorities to grant to the VPA a Licence Agreement over portions of Victoria Drive, north of Powell Street.
BACKGROUNDThe VPA controls 6000 hectares of water and 460 hectares of land, most of which is occupied by cargo terminals. The Port covers approximately 233 kilometres of coastline from Roberts Bank at the U.S.-Canada border through Burrard Inlet to Port Moody.
Port Vancouver is one of the world's finest natural, deep-water harbours.
World-wide events of the recent past have resulted in a need for increased security at the Port. The International Marine Organization (the "IMO") has established security procedures for the handling of trade goods. The VPA is developing plans for a Vehicle Access Control System as part of its overall security plan.
The plan includes the control of access to the Port at four entry points, the Heatley Street Overpass, the Clark Drive Overpass, on Commissioner Street, west of the Commissioner-McGill Overpass and at Victoria Drive.
DISCUSSION
The Heatley Street Overpass and the Clark Drive Overpass provide important truck and other port traffic access to the Port's commercial lands. The overpasses, while constructed on City street are owned by the VPA and are completely within their control. The only concern for the City is that the traffic control measures at these locations do not result in "stacking" of vehicles on City street. The Traffic Management Branch of Engineering Services is working with the VPA to ensure there are no City safety or operational concerns.
With regard to the Commissioner Street vehicle access control point, the installation is planned for lands that are part of a complex land exchange between the VPA, the City and a private company. A series of property rights is addressed by a Tripartite Agreement between the parties.
The proposed installation on Commissioner Street is at a location which is under VPA control by virtue of the Tripartite Agreement. Again, the City concerns are to ensure there is no impact on the City's street grid. The Traffic Management Branch continues to monitor the installation.
Victoria Drive is a dedicated road owned by the City. The VPA has sought permission to occupy the portion of Victoria Drive, between Powell Street and the Canadian Pacific Railway tracks, north of Powell Street and the portion of Powell Street north of the tracks, for the provision of measures to control access to the Port. The two areas of the proposed VPA occupation are shown within the heavy outline on the plan attached hereto as Appendix A (the Licence Areas).
While still under design, this could include barricades, gates, bollards, curb and gutter, signage and other traffic controls.
Engineering Services has conducted a review of the proposal with a number of stakeholder branches in Engineering and with the Police Department and Fire & Rescue Services. Additionally, feedback from the private land owners immediately east and west of Victoria Drive, has been sought, and considered.The review finds that while there are concerns, as described herein, the issues can be resolved and as such, we are recommending that Council authorize the Director of Legal Services to enter into a Licence with the VPA for use of the said portion of Victoria Drive.
This matter is unusual and staff note the following issues of paramount importance, that is matters to be addressed in the agreement:
· access to the Port, through the Licence Areas to Port lands for emergency service vehicles and pedestrians and cyclists at any time with Port business;
· the City and the utility companies to have the right of entry to the Licence Areas for installation, removal, maintenance, repair, or renewal of any utility;
· the VPA to be responsible for all liabilities and damage resulting from their occupancy of Victoria Drive, to the satisfaction of the Director of Risk and Emergency Management;
· the design of any installations, including signage in the Licence Areas to be to the satisfaction of the General Manager of Engineering Services;
· the installations to be designed so as to ensure the cessation of whistling by trains using the Victoria Drive train crossing;
· the owners and occupiers of abutting lands are to have rights of access, including the need to use the Licence Areas for emergency ingress and egress, including fire escape routes, building maintenance and deliveries.
The agreement will contain a six-month cancellation clause, such a clause being based on the standard in Encroachment Agreements. However, in this instance, we are recommending that cancellation of the Licence will require the resolution of Council.
The length of term proposed is 20 years and the fee for the term to be a nominal $10.00 in recognition of the fact that the intended use is not a commercial, market, or revenue generating use. Additionally the VPA is paying the cost of insurance to secure cessation of train whistling at Victoria Drive, north of Powell Street and all costs associated with street modifications on adjacent City streets and lanes as a result of the Licence being granted.
The VPA has had access to the Port, through the use of temporary barricades at Victoria Drive, blocked since approximately March 21, 2003. While staff have been in constant communication with the VPA, there has been no formal authority for this blockage. Inrecognition of this fact the Licence will be dated such that it will be deemed to have commenced with the VPA's occupation of Victoria Drive.
CONCLUSION
Worldwide pressures have caused the VPA to examine its entire Port security plans. The plans as developed, include the provision for restricting access to the Port at locations including City-owned Victoria Drive. We are recommending Council authorize the Director of Legal Services to enter into a Licence Agreement over those portions of Victoria Drive shown within the heavy outline on Appendix A, subject to the specific conditions in this report.
The General Manager of Engineering Services in consultation with the Director of Real Estate Services and the Director of Legal Services, RECOMMEND approval of Recommendations A to E inclusive.
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