Item - 2016.GM14.10
Tracking Status
- City Council adopted this item on October 5, 2016 with amendments.
- This item was considered by Government Management Committee on September 6, 2016. It is being forwarded to City Council without recommendations. It will be considered by City Council on October 5, 2016.
GM14.10 - Request for City Consent - Assignment and Sub-Lease by Tuggs Incorporated to Cara Operations Limited of 1681 Lake Shore Boulevard East
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 32 - Beaches-East York
City Council Decision
City Council on October 5, 6 and 7, 2016, adopted the following:
1. City Council, pursuant to the 2010 Agreement, consent to Tuggs Incorporated's request for a partial assignment of the 2010 Agreement to Cara Operations Limited with respect to the premises municipally known as 1675 Lake Shore Boulevard East, commonly known as 1681 Lake Shore Boulevard East, located in Woodbine Beach Park, as well as concessions at Kew Gardens and the Donald D. Summerville Pool.
2. City Council authorize the Chief Corporate Officer to sign a consent to the partial assignment, on terms acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
3. City Council authorize the General Manager, Parks, Forestry and Recreation, and the Director, Real Estate Services, to initiate discussions with the Tenant on the feasibility of the City of Toronto acquiring the remaining term of the agreement between the City and Tuggs Inc., for the Licenced Area, inclusive of the food, beverage and sponsorship rights and to report back to the Government Management Committee by the first quarter of 2017 on the results of these discussions.
4. City Council direct that Confidential Attachment 1 to the supplementary report (September 28, 2016) from the General Manager, Parks, Forestry and Recreation and the City Solicitor remain confidential in its entirety, as it relates to specific privileged third-party financial information and legal advice subject to solicitor-client privilege.
Confidential Attachment 1 to the report (September 28, 2016) from the General Manager, Parks, Forestry and Recreation and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it relates to specific privileged third-party financial information and it pertains to legal advice that is subject to solicitor-client privilege.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in closed session on October 5, 2016, to consider confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment - The receiving of advice or communications that are subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2016/gm/bgrd/backgroundfile-95642.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-96915.pdf
Confidential Attachment 1
Communications (Committee)
(September 2, 2016) E-mail from Rob Weafer (GM.New.GM14.10.2)
(September 6, 2016) E-mail from Norma Meneguzzi Spall (GM.New.GM14.10.3)
Communications (City Council)
(September 19, 2016) E-mail from Alison Booz (CC.Main.GM14.10.5)
(September 22, 2016) E-mail from Katherine Henderson (CC.Main.GM14.10.6)
(September 22, 2016) E-mail from Paget Catania (CC.Main.GM14.10.7)
(September 27, 2016) E-mail from Mark Ealden (CC.Main.GM14.10.8)
(September 27, 2016) Submission from Catherine Dunphy, Free The Beach (CC.Main.GM14.10.9)
(September 28, 2016) E-mail from Ginetta Peters (CC.Supp.GM14.10.10)
(September 29, 2016) E-mail from Chris Yaccato (CC.Supp.GM14.10.11)
(October 3, 2016) E-mail from Laurie-Lyn LaBelle (CC.Supp.GM14.10.12)
(October 5, 2016) E-mail from Andrew Balodis (CC.New.GM14.10.13)
(October 5, 2016) Petition from Councillor Mary-Margaret McMahon, Ward 32, Beaches-East York, headed "Free The Beach(es) from backroom deals and return it to the City of Toronto", containing the names of approximately 1,047 persons filed during the Routine Matters portion of the meeting (CC.New)
Motions (City Council)
October 5, 2016 at 7:24 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item GM14.10 headed "Request for City Consent - Assignment and Sub-Lease by Tuggs Incorporated to Cara Operations Limited of 1681 Lake Shore Boulevard East". No motions were placed in the closed session. Council would now proceed to the public debate on the item.
That City Council authorize the General Manager, Parks, Forestry and Recreation, and the Director, Real Estate Services, to initiate discussions with the Tenant on the feasibility of the City of Toronto acquiring the remaining term of the agreement between the City and Tuggs Inc., for the Licenced Area, inclusive of the food, beverage and sponsorship rights and to report back to the Government Management Committee by the first quarter of 2017 on the results of these discussions.
Vote (Amend Item) Oct-05-2016 7:53 PM
| Result: Carried | Majority Required - GM14.10 - McMahon - motion 1 |
|---|---|
| Total members that voted Yes: 33 | Members that voted Yes are Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Janet Davis, Jim Karygiannis |
| Total members that were Absent: 9 | Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Gary Crawford, Paula Fletcher, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Ron Moeser |
That City Council adopt the following recommendation contained in the supplementary report (September 28, 2016) from the General Manager, Parks, Forestry and Recreation and the City Solicitor [GM14.10a]:
1. City Council direct that Confidential Attachment 1 remain Confidential in its entirety, as it relates to specific privileged third-party financial information and legal advice subject to solicitor-client privilege.
Vote (Amend Item) Oct-05-2016 7:54 PM
| Result: Carried | Majority Required - GM14.10 - Di Ciano - motion 2 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are John Campbell, Christin Carmichael Greb, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Joe Mihevc, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson |
| Total members that voted No: 11 | Members that voted No are Ana Bailão, Jon Burnside, Josh Colle, Michelle Holland, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 9 | Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Gary Crawford, Paula Fletcher, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Ron Moeser |
Vote (Amend Item) Oct-05-2016 7:57 PM
| Result: Carried | Majority Required - GM14.10 - Di Ciano - motion 2 - REVOTE |
|---|---|
| Total members that voted Yes: 26 | Members that voted Yes are Ana Bailão, John Campbell, Christin Carmichael Greb, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 9 | Members that voted No are Jon Burnside, Josh Colle, Frank Di Giorgio, Michelle Holland, Mike Layton, Mary-Margaret McMahon, Frances Nunziata (Chair), David Shiner, John Tory |
| Total members that were Absent: 9 | Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Gary Crawford, Paula Fletcher, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Ron Moeser |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2 by Councillor Di Ciano.
That City Council adopt the following recommendations contained in the report (August 18, 2016) from the General Manager, Parks, Forestry and Recreation and the Chief Corporate Officer:
1. City Council, pursuant to the 2010 Agreement, consent to Tuggs Incorporated request for a partial assignment of the 2010 Agreement to Cara Operations Limited with respect to the premises municipally known as 1675 Lake Shore Boulevard East, commonly known as 1681 Lake Shore Boulevard East, located in Woodbine Beach Park, as well as concessions at Kew Gardens and the Donald D. Summerville Pool.
2. City Council authorize the Chief Corporate Officer to sign a consent to the partial assignment, on terms acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Vote (Amend Item) Oct-05-2016 7:55 PM
| Result: Carried | Majority Required - GM14.10 - Campbell - motion 3 |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Gord Perks, Michael Thompson, John Tory |
| Total members that voted No: 14 | Members that voted No are Josh Colle, Janet Davis, John Filion, Michelle Holland, Mike Layton, Chin Lee, Mary-Margaret McMahon, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam |
| Total members that were Absent: 9 | Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Gary Crawford, Paula Fletcher, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Ron Moeser |
Councillor McMahon, rising on a Point of Privilege, stated that she hoped Councillor Karygiannis was not referring to her in his remarks.
Councillor Di Ciano, rising on a Point of Order, stated that he wished to confirm that during his speaking time he had moved two motions, one to adopt the original staff recommendations and another to adopt the supplementary staff recommendations.
Councillor Kelly, rising on a Point of Order, asked for clarification on whether the original staff recommendations had been moved on this item.
GM14.10 - Request for City Consent - Assignment and Sub-Lease by Tuggs Incorporated to Cara Operations Limited of 1681 Lake Shore Boulevard East
- Decision Type:
- ACTION
- Status:
- Without Recs
- Ward:
- 32 - Beaches-East York
Committee Recommendations
The Government Management Committee submits the Item to City Council without recommendation.
Decision Advice and Other Information
The Government Management Committee:
1. Confirmed its actions in closed session in issuing instructions to staff to report directly to City Council on this matter.
The Government Management Committee recessed its public session and met in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation and the security of the City's or a local board's property.
Origin
Summary
Parks, Forestry and Recreation ("PFR") has received a request from the City's tenant, Tuggs Incorporated ("Tuggs") for the City's consent to a partial assignment of the agreement between the City and Tuggs dated June 2, 2010, (the "2010 Agreement") to Cara Operations Limited ("Cara") with respect to the premises municipally known as 1675 Lake Shore Boulevard East, commonly known as 1681 Lake Shore Boulevard East, located in Woodbine Beach Park (the “1681 Building”) , as well as concessions at Kew Gardens and the Donald D. Summerville Pool (collectively, the “Premises").
This report recommends that City Council consent to the partial assignment of the 2010 Agreement to Cara. Upon City Council approval of the partial assignment, Cara will sublease back to Tuggs the portions of the Premises pertaining to the two concessions at Kew Gardens and the D.D. Summerville Pool, along with both the existing Tim Horton's and Athens Bakery franchises operated by Tuggs (Attachment "A") at the 1681 Building. Tuggs will continue to be the licencee for the exclusive food and beverage and sponsorship rights in Woodbine Beach Park, Ashbridges Bay Park, Beaches Park, and Kew Gardens Park, ("the Parklands").
Background Information
https://www.toronto.ca/legdocs/mmis/2016/gm/bgrd/backgroundfile-95642.pdf
Communications
(September 2, 2016) E-mail from Rob Weafer (GM.New.GM14.10.2)
(September 6, 2016) E-mail from Norma Meneguzzi Spall (GM.New.GM14.10.3)
Speakers
Councillor Mary-Margaret McMahon
Motions
12: 13 p.m. - That the Government Management Committee recess its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation and the security of the City's or a local board's property.
That the Government Management Committee:
1. Forward this item to City Council without recommendation.
2. Confirm its actions in closed session in issuing instructions to staff to report directly to City Council on this matter.