ADMINISTRATIVE REPORT Date: February 14, 1997 Dept. File No. EZ1595 CC File No. 5761-1/5806-1 TO: Vancouver City Council FROM: General Manager of Engineering Services, in consultation with the Director of Legal Services SUBJECT: License Agreement for Traffic Signal Pole base at the intersections of Vanness Avenue at Earles and Rupert Streets RECOMMENDATION THAT Council authorize the General Manager of Engineering Services to negotiate and conclude a license agreement with BC Hydro to permit the City to install bicycle-related traffic signals on BC Hydro lands adjacent Earles and Rupert Street at Vanness Avenue on the terms and conditions set out in this report and others satisfactory to the General Manager of Engineering Services and the Director of Legal Services, it being understood that no legal relations are hereby created and none shall arise until an agreement drawn to the satisfaction of the Director of Legal Services is executed by her on behalf of the City. COUNCIL POLICY On September 26, 1996, Vancouver Traffic Commission approved upgrading of the BC Parkway (7-Eleven) Bicycle Route. PURPOSE This report seeks Council's authority to enter into a license agreement with BC Hydro to allow construction of two pedestrian and cyclist actuated signals. BACKGROUND Council approves the installation of new traffic signals through programs such as the Annual Traffic Signal program and other reports for specific projects such as Greenways and Bikeways. Council has approved the installation of the signals along this corridor as part of an upgrade of the existing BC Parkway (7-Eleven) Bicycle Route. The proposed route improvements are being installed with the assistance of the Provincial Cycling Network Program. The Cycling Network Program was created by the Province in 1995 as a cost-sharing program designed to encourage local municipalities to build commuter cycling facilities. Since then, the City of Vancouver has applied for, and received, funding towards several cycling projects. DISCUSSION To construct the traffic signals for these two intersections it is necessary to locate some of the equipment on the BC Hydro Right of Way. At the intersection of Rupert Street and Vanness Avenue and at Earles Street and Vanness Avenue traffic signal poles and other permanent equipment are to be located off the existing City Right of Way and on the BC Hydro corridor which parallels Vanness Avenue (Appendix A). All costs pertaining to the construction and implementation of these two signals are cost shared with the Province as part of the Cycling Network Program. BC Hydro has agreed to enter into a licence agreement for the land needed to locate the traffic signal poles. The basic terms upon which BC Hydro is prepared to permit the City to install these traffic signal works are as follows: - The license is offered on a twenty year license and subject to an applicable annual fee. - Annual rental fee is set by BC Hydro and reviewed on a five year basis. The City is responsible for any increase in annual land rental fee as set out by BC Hydro through this license agreement. For the first five year period the rental is $1.07 per annum. - Our Rights present and future are subject to the rights of: BC Hydro, BC Gas, Southern Pacific Railway of British Columbia Limited and BC Transit. - This license agreement may be terminated by either party on one years notice and on other bases. - The City must indemnify BC Hydro for all losses relating to these installations by the City. Staff recommend that the City secure a licence agreement to allow the placement of the traffic signal poles as necessary to construct these signals. FINANCIAL IMPLICATIONS All short-term costs can be accommodated within the approved budget for these projects. BC Hydro has agreed to provide the licence agreement to the City for a nominal annual fee. Upon completion of the traffic signals the City will retain ownership, liability and maintenance obligation for the signals and related equipment. The Provincial cost-sharing on this project expires on March 31st, 1997. BC Hydro has already been contacted and is willing to enter into the agreements necessary for construction to begin. Without Council's approval the construction cannot begin and the Provincial cost sharing would then be forfeit. * * * * *