Item - 2008.EX26.21

City Council on December 1, 2 and 3, 2008, adopted the following motions:

1.         Toronto Public Health, in consultation with Legal Services and the Municipal Licensing and Standards Division, implement a one-year pilot project with eligible existing street food vendors to expand their menu selection to include healthier food choices, as described in Attachment A of this report.

2.         Toronto Public Health, in consultation with Legal Services and the Municipal Licensing and Standards Division, implement a three-year “Toronto a la Cart” pilot project as described in Attachment B of this report.

3.         New fees for the processing of applications, issuance of endorsements and annual license fees for the use of Toronto a la Cart vending locations be approved as set out in Attachment C of this report.

4.         The “Toronto a la Cart” logo shown on Attachment D be approved as the official mark for the Pilot and any subsequent “Toronto a la Cart” program and staff be authorized to take the necessary actions to secure the exclusive rights for the City to protect and use this logo.

5.         City Council accept the proposal from Crown Verity, originally submitted in response to the Request for Expressions of Interest No. 0616-08-7021 and authorize the agreement with Crown Verity on the terms described in the body of this report and Attachment E, and other terms as may be satisfactory to the Medical Officer of Health and the City Solicitor.

6.         Toronto Public Health oversee the implementation and administration of the pilot projects and, in consultation with the City Manager’s Office, provide future governance recommendations as part of the project evaluation.

7.         All revenues associated with the pilot projects be directed to Toronto Public Health to offset costs.

8.         The Toronto Public Health 2009 Operating Budget request be increased by $86,000.00 gross and $0.0 net, and a staff increase of 1.0 temporary position, to reflect required funding for the implementation of the Toronto Street Food pilot projects.

9.         Any year-end deficit resulting from the implementation of the Toronto a la Cart program be reported to the Budget Committee and funded from within Toronto Public Health's 2009 Operating Budget.

10.       The Medical Officer of Health be delegated the authority for the term of the pilot project to make final decisions with respect to:

a.         the processing of applications and issuance of endorsements to eligible existing street food vendors; and

b.         the issuance of a request for applications document and award of agreements to selected Toronto a la Cart vendors,

and City Council retain no authority to act with respect to such matters.

11.       City Council adopt the Terms of Reference as set out in Attachment F to this report, as amended by the Board of Health, and establish a Street Food Pilot Appeal Committee, and delegate the authority to consider staff recommendations and make final decisions respecting any appeal of a notice to revoke a healthier food endorsement issued to an existing vendor or a notice to terminate a licence agreement with a Toronto a la Cart vendor for the term of the pilot project to the Board, and City Council retain no authority to act with respect to such matters.

12.       Toronto Public Health be directed to further explore opportunities with food-related non-governmental organizations to test the feasibility of using street food vending to enhance their ability to achieve common goals and objectives and be directed to provide further pilot program details to the Board of Health at a later date.

13.       The Medical Officer of Health, in consultation with the City Solicitor be authorized to report to the next meeting of the Executive Committee respecting any necessary amendments to City by-laws and the Municipal Code as required to implement and regulate the operation of the pilot projects as proposed in this report.

14.       The Medical Officer of Health provide recommendations on an annual basis, beginning in the fall of 2009, with respect to the status of the Toronto a la Cart pilot project.

15.       Staff be granted the authority to make adjustments in this program as may be required throughout the pilot project and these changes be reported as part of the required annual reports.

16.       In the event that the City Vending By-laws are amended, the design of the “a la cart” carts (subject to the approval of the Executive Director, Municipal Licensing and Standards, and the Medical Officer of Health) be adjusted to conform to the By-law changes.

17.       Authority be granted to the City Solicitor to submit the bills required to:

a.         enact a new Municipal Code Chapter entitled “Healthier Street Food Choices” substantially in the form as set out in Attachment A to the report (October 27, 2008) from the Medical Officer of Health (EX26.21a), subject to any technical or stylistic adjustments as may be required, and with the following revised definition of "Original Permit":

"ORIGINAL PERMIT - A permit issued under a City by-law to a person referred to under Article II which allows the person to vend hot dogs and sausages from a cart in a designated location on City property, and does not include a business licence as defined in this chapter.";

b.         amend Chapter 441, Fees, to include new fees for the processing of applications, issuance of endorsements, removal and storage charges for cart seizures and annual license fees for the use of Toronto a la Cart vending locations as set out in Attachment B of this report, subject to any technical or stylistic adjustments as may be required; and

c.         amend the following to permit the sale of a wider variety of street foods from carts operating as part of the City’s Toronto Street Food pilot programs:

i.          Chapter 545, Licensing;

ii.          By-law No. 18-97 of the former Borough of East York, “To establish removal zones and regulate vending on Borough roads”;

iii.         Chapter 231, Streets and Sidewalks, of the Municipal Code of the former City of Etobicoke;

iv.         By-law No. 32-95 of the formerMunicipality of Metropolitan Toronto, “To establish removal zones and regulate vending on Metro roads”;

v.         By-law No. 32100 of the former City of North York , “Respecting vending on sidewalks and untravelled portions of roads of the City of North York”; and

vi.         Chapter 315, Street Vending, of the Municipal Code of the former City of Toronto,

all subject to any technical or stylistic adjustments as may be required.