Decisions

City Council on April 1, 2 and 3, 2014, adopted the following:

1.         City Council approve the recommended bed capacities and maximum contract values, as set out in Appendix A to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration, which are in accordance with the service levels that are included in the 2014 approved Operating Budget for Shelter, Support and Housing Administration.

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration and/or his designate to:

a.          enter into purchase of service agreements with community agencies for the provision of shelter services up to the maximum contract values as outlined in Appendix A to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration;

b.         enter into a purchase of service agreement with Fred Victor Centre for the establishment of  a new permanent 40 bed short term transitional housing program for women in Ward 28;

c.         issue payments of up to $0.845 million gross and $0 net to motel operators as required for temporary emergency accommodation for families, couples and individuals, included in funding allocations in Appendix B to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration;

d.         enter into agreements with the Ministry of Health and Long Term Care and Mental Health Program Services of Metropolitan Toronto (Habitat Services) and issue payments up to $10.073 million gross and $1.885 million net for the provision of housing and supports for psychiatric consumer survivors living in Habitat contracted boarding or rooming houses as outlined in Appendix B to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration;

e.         enter into an agreement with, and issue payments to the Toronto Hostels Training Centre for the administration and provision of training for shelter, drop-in and other agency staff up to a maximum amount of $0.218 million gross and $0.109 million net as outlined in Appendix B to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration; and

f.           purchase up to $0.060 million gross and net in training for staff of the directly operated shelters from the Toronto Hostel Training Centre, as outlined in Appendix B to the report (March 4, 2014) from the General Manager, Shelter, Support and Housing Administration, in order to meet the training requirements laid out in the Council-approved Toronto Shelter Standards.

City Council on April 1, 2 and 3, 2014, adopted the following:

1.         City Council authorize the City to enter into a Letter of Intent with Guild Inn Estate Inc. for a sublease transaction for the Guild Inn building and certain surrounding lands shown shaded at Schedule "B" to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, to construct and operate the proposed restaurant and event/banquet/conference centre, substantially on the terms and conditions set out in Schedule "A" and Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, and on such further or amended terms and conditions as deemed appropriate by the Chief Corporate Officer or her designate, and in a form acceptable to the City Solicitor.

2.         To implement the Letter of Intent, City Council authorize the City to enter into a Sublease Agreement with Guild Inn Estate Inc. (the "Sublease") and any other project-related agreements required to implement the transaction contemplated by the Letter of Intent and the Sublease (the "Project-Related Agreements") subject to such further or amended terms and conditions as may be deemed appropriate by the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation and in a form acceptable to the City Solicitor.

3.         City Council authorize the Chief Corporate Officer and the Director, Real Estate Services to severally execute the Letter of Intent, Sublease and Project-Related Agreements on behalf of the City.

4.         City Council authorize the public release of the information contained in Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation, following the execution of the Sublease with Guild Inn Estate Inc.

5.         City Council authorize the Chief Corporate Officer or designate, in consultation with the Acting General Manager, Parks Forestry and Recreation or designate, to administer and manage the Sublease and Project-Related Agreements including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

6.         City Council authorize the Acting General Manager, Parks, Forestry and Recreation or designate to approve necessary tree removal that may be required in the course of this project, subject to:

a.         ensuring that no unnecessary destruction occurs, as per the appropriate City of Toronto Tree Protection Bylaws, and all impacts are mitigated to the fullest extent possible; and

b.         receipt of satisfactory tree protection plan, tree replanting plan, and natural environment stewardship plan.

7.         City Council authorize the City Solicitor to complete the Letter of Intent, the Sublease and Project-Related Agreements, deliver any notices, and amend the commencement and other dates to such earlier or later date(s), as the City Solicitor may, from time to time, determine.

8.         City Council pass a by-law pursuant to Section 252 of the City of Toronto Act, 2006, authorizing the City to:

a.         enter into a Municipal Capital Facility Agreement with Guild Inn Estate Inc. in respect of a portion of 205 Guildwood Parkway that will be used as an eligible municipal capital facility for community centre use, and parking ancillary to such use (the “Eligible Property”), in accordance with Ontario Regulation 598/06;

b.         declare that the Eligible Property be used primarily for local community activities, for the purposes of the City, and for a public use; and

c.         exempt the Eligible Property from property taxation for municipal and school purposes, which tax exemption is to be effective from the latter of the following dates: the date the municipal capital facility agreement is signed, the date the tax exemption by-law is enacted, and the commencement date of the Sublease.

9.         City Council authorize the City Clerk to give written notice of the By-law when enacted pursuant to the requirements of the City of Toronto Act, 2006.

10.       City Council authorize the City, in its capacity as land owner only (and not in its capacity as a planning/regulatory authority) to consent to the submission by Guild Inn Estate Inc. of applications and documents required in connection with any regulatory approvals in respect of the Project and further, City Council authorize each of the Chief Corporate Officer and the Director, Real Estate Services to severally execute any documents required in this regard.

11.       City Council authorize the introduction of any necessary Bills to City Council.

12.       City Council authorize the public release of Schedule "A" to Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation and direct that the balance of Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remain confidential as it contains information relating to the security of property belonging to the City.

Schedule "A" to Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (February 5, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information relating to the security of property belonging to the City. 

Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information relating to the security of property belonging to the City. Confidential Attachment 1 to the report (March 25, 2014) from the Chief Corporate Officer, the General Manager, Economic Development and Culture, and the Acting General Manager, Parks, Forestry and Recreation will be made public following the execution of the Sublease with Guild Inn Estate Inc.

City Council on April 1, 2 and 3, 2014, adopted the following:

1.         City Council amend the draft by-law, as described in Attachment 1 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards, to:

a.         Permit food trucks to park for three (3) hours on any one block;

b.         Establish a limit of 2 Mobile Food Vending Permit holders on any one block; and

c.         Mobile Food Vending Permit holders will be required to be 50 linear metres from a licensed eating establishment that is open and operating.

2.         City Council approve that, for the purposes of the new Municipal Code Chapter, being Chapter 740, "Street Vending", Mobile Vending Zones shall consist of:

a.         All pay-and-display parking spaces on Major and Minor Arterial Roadways as defined in Chapter 910, Parking Machines, and the City's road classification system, subject to the restrictions set out below; and

 b.        Areas of the right of way, such as non pay-and-display parking spaces or lay-bys, which are designated as such by the Executive Director, Municipal Licensing and Standards, from time to time;

 c.        Despite Parts a. and b. above, the following restrictions shall apply to all Mobile Vending:

i.           No Mobile Food Vending Permit holders shall vend within 50 linear metres of an eating establishment licensed pursuant to Chapter 545, Licensing, of the City of Toronto Municipal Code during those hours when the establishment is operating and open to the public.

 ii.        No Mobile Food Vending Permit holders shall operate within 30 linear metres from the property line of any school or place of worship.

iii.         No Mobile Food Vending Permit holders shall operate within 25 linear metres from a designated vending area on the sidewalk.

iv.        No Mobile Food Vending Permit holders shall operate for more than three hours on the same block within a 24 hour period.

v.         Despite Part iv. above, Mobile Food Vending Permit holders shall comply with all parking and traffic restrictions, the Highway Traffic Act and its Regulations, the Toronto Municipal Code and its By-laws and the Toronto Parking Authority and its Policies.

3.         City Council not permit mobile vending within the boundaries of a Business Improvement Area, or within 50 metres of the boundary of a Business Improvement Area, during a special event organized by the Business Improvement Area and events in public squares where food vendors are required to pay fees to participate, unless the food truck vendors are invited by the Business Improvement Area. 

4.         City Council require that in pay and display locations, Mobile Vendors clearly display their parking receipt next to their vending permit.

5.         To ensure that food trucks do not inadvertently rent space in illegal locations, City Council direct the Executive Director, Municipal Licensing and Standards, to maintain a list of licensed parking lots in commercial zones and require that mobile food vendors who operate in commercial parking lots to only operate in properties on this list.

6.         City Council direct the Executive Director, Municipal Licensing and Standards to issue no more than 125 mobile vending permits, inclusive of the existing 27 curb lane permits, within the next 12 months, and until she reports back to Licensing and Standards Committee in one year.

7.         To help ensure the integrity of the one permit per person regulation, City Council require street vending permits and renewals to be issued in person only to the permit holders, upon presentation of identification.

8.         To encourage new small business entrepreneurs, City Council authorize the appropriate Community Council, at the request of the local ward Councillor, to designate a particular street vending location for entrepreneurs introducing new products, or variations of products, as identified by the General Manager, Economic Development and Culture.

9.         City Council approve the amendments to Toronto Municipal Code Chapter 545, Licensing, as described in Attachment 2 to the report (March 4, 2014) from the Executive Director, Municipal Licensing and Standards.

10.       City Council approve amendments to Chapter 441, Fees, by adding the following new permit fees for 2014, subject to the annual inflation rate:

 a.        Sidewalk Vending Permit

i.          Major Arterial Road: $4,575.11

ii.         Minor Arterial Road: $2,488.52

b.         Mobile Food Vending Permit: $5,066.69

c.         Ice Cream Vending Permit: $525.19

11.       City Council direct that any fee increases for current R53 Sidewalk Vending Permit holders be phased in over a three year period (2014, 2015 and 2016) such that the difference between the current fee and the new fee be apportioned equally over the three year period and applied on an annual basis, until the new fee applies to them on January 1, 2017.

12.       City Council direct that any fee decreases for current Sidewalk Vending Permit holders be applied on May 15, 2014.

13.       City Council permit the existing R55 Curb Lane Vending Permit holders to continue operating under the terms of their current permit provided that the permit shall be governed by the regulations in effect at the time of issuance until December 31, 2020, at which time they must obtain a Mobile Food Vending Permit in order to continue operating curbside.

14.       City Council repeal Chapter 545, Licensing, Section 269 G to permit vendors to operate for more than ten minutes in licensed commercial parking lots.

15.       City Council implement a moratorium on R53 Sidewalk Vending Permits and R55 Curb Lane Vending Permits for all non-food vendors until such time as the Executive Director, Municipal Licensing and Standards reports back on the appropriateness of this type of vending on the public right of way.

16.       City Council continue to implement a moratorium on R53 Sidewalk Vending Permits for all food vendors in wards 20, 27 and 28.

17.       City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to prohibit vending in a particular area, when urgent issues arise concerning public nuisance or safety.

18.       City Council direct that, when issues of a non-urgent nature arise in areas where vending is permitted, the Executive Director, Municipal Licensing and Standards be requested to evaluate whether or not the area should continue to permit mobile food vendors, advise the local Councillor when a vending area is being reviewed and notify the local Councillor at least 10 days in advance of a recommendation by the Executive Director, Municipal Licensing and Standards being final.  Despite Part 19 below, the local Councillor shall be able to request the recommendation of the Executive Director, Municipal Licensing and Standards be brought to the Community Council for consideration.

19.       City Council authorize the Executive Director, Municipal Licensing and Standards to exercise her discretion to approve a Mobile Vending Zone despite receiving one or more objections prior to determining whether an appeal to Community Council is required.

20.       City Council direct that the changes come into force on May 15, 2014.

21.       City Council authorize and direct the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make application to the Senior Regional Justice of the Ontario Court of Justice for set fines with respect to the new proposed Code Chapter 740 of the City of Toronto Municipal Code.

22.       City Council request the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee on the feasibility of establishing a new permit fee for a licensed restaurant wishing to operate a non-motorized refreshment vehicle on the sidewalk outside of their restaurant and to exempt them from any proximity requirements.

23.       City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the appropriate City divisions, to report to the Licensing and Standards Committee on possible waste reduction and collection policies that could be included as conditions of street food vending permits.

24.       City Council direct the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee in one year on the impact of the new regulations on street food vending in Toronto, such report to include recommendations for reducing the impacts of noise, idling and environmental impacts of using generators, and recommendations for reducing the impact of discharges to the City's sanitary sewer system.

25.       City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on how Queen Street south of Nathan Philips Square can be designated as a special vending area in order to showcase the best of street vending in the City.

26.       City Council request the Executive Director, Municipal Licensing and Standards to include in her next report, any impacts on the demand for enforcement and any additional resources necessary to effectively implement this program.

27.       City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the General Manager of Economic Development and Culture to report back to the appropriate City Committee on the viability of directing a portion of new permit revenues to City programs in support of Business Improvement Areas.

28.       City Council enact a new City of Toronto Municipal Code Chapter, being Chapter 740, "Street Vending", that reflects Council's decision, subject to any necessary clarifications, refinements, minor modifications or technical amendments as may be identified by the Executive Director, Municipal Licensing and Standards in consultation with the City Solicitor, and City Council further direct that, in the event of any conflict between the schedules to the reports (March 4, 2014) and (March 31, 2014) from the Executive Director, Municipal Licensing and Standards and the City Council decision, the City Council decision shall govern.

29.       City Council authorize the City Solicitor to rescind, at such time as appropriate, the existing provisions in the Code Chapters, policies and by-laws, or relevant sections thereof, of the former municipalities described below, and any other provisions that the Executive Director or City Solicitor may identify relating to and that have been superseded or replaced by the new Code Chapter:

a.         Chapter 315, Street Vending of the former City of Toronto.

b.         Chapter 738 Street Food, Healthier of the Toronto Municipal Code.

c.         By-law No. 18-97 of the former Borough of East York.

d.         By-law No. 41-93 of the former Municipality of Metropolitan Toronto.

e.         By-law No. 32-95 of the former Municipality of Metropolitan Toronto, being a by-law "to establish removal zones and regulate vending on Metro roads."

f.          By-law No. 98-97 of the former Municipality of Metropolitan Toronto, being a by-law "to provide designated areas for the purposes of mobile vending on Metropolitan Roads."

g.         By-law No. 32100 of the former City of North York.

30.       City Council authorize the City Solicitor to amend any City by-laws, policy or Code Chapters, or sections therein, that may contain references to any by-law, policy or Code Chapter, or section therein, that is to be superseded by the proposed Code Chapter.

31.       City Council authorize the City Solicitor to amend any City by-laws or Code Chapters to give effect to the new Toronto Street Food Vending program.

32.       In the event City Council's decisions on this Item require amendments to Chapter 27, Council Procedures, City Council direct the City Clerk to give the required public notice and the appropriate City Officials bring the required amendments to the May 26 meeting of the Licensing and Standards Committee.

City Council on April 1, 2 and 3, 2014, adopted the following:

1.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor.

2.         City Council direct that the confidential instructions to staff in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor, no longer remain confidential.

3.         City Council direct that the remaining information in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff contained in Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor were adopted by City Council and are now public:

1.         City Council authorize the City Solicitor to enter into an arbitration agreement, on terms satisfactory to the General Manager, Solid Waste Management Services and the City Solicitor to arbitrate all elements of the dispute between Canada Composting Inc. and the City arising in relation to the Sub-Licence Agreement.

2.         In the alternative, if a satisfactory arbitration agreement cannot be reached, City Council authorize the City Solicitor to commence legal action to obtain a judicial determination of the proper scope and interpretation of the Sub-Licence Agreement.

3.         City Council authorize the City Solicitor to settle any arbitration or legal action commenced on terms satisfactory to the General Manager, Solid Waste Management Services, in consultation with the City Solicitor.

The balance of Confidential Attachment 1 to the report (February 18, 2014) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.