General Government and Licensing Committee
The full agenda, as filed
All 19 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
GL19.1adopted
2019 Consulting Services Expenditures - City Divisions and Agencies and Corporations
As requested by Council, this report provides information on the consulting services expenditures of City Divisions and Agencies and Corporations for the year ended December 31, 2019. The report contains a summary and details, by category and vendor, of operating and capital consulting services expenditures for 2019, with 2018 comparatives. Overall, the City of Toronto and its City Divisions and Agencies and Corporations spent $37.7 million on consulting services in 2019 for operating and capital combined, which represents an overall increase of $12.6 million (or 50.1 percent) compared to 2018. The overall increase in consulting expenditures consists of an $8.8 million (or 72 percent) increase within City Divisions, and a $3.8 million (or 29 percent) increase within City Divisions and Agencies and Corporations. Information for this report is gathered from the City's divisions and verified against the City's general ledger by Accounting Services. Information from agencies and corporations is both accumulated and verified by those entities. Accounting Services consolidates this report on behalf of the City. The City's use of external services varies by year and project and supplements critical skill sets and expertise that are needed just-in-time, and are not available within existing staff complements, as well as enables the City to quickly complete essential initiatives while maintaining existing service levels. All expenditures have been budgeted as part of fiscal 2019. In 2019, consulting operating expenditures increased as a result of: - The City's one-time investment to support enterprise-wide transformations, particularly aimed at improving the effectiveness of procurement and sourcing practices and budget modernization. These initiatives resulted in savings in excess of $40.0 million; and - The City's receipt of legal advisory services to address the Province of Ontario's amendment of the Construction Act. Furthermore, 2019 consulting capital expenditures increased as a result of: - The City's initiatives associated with roads and transit services; - Toronto Transit Commission's review of its new streetcars and subway assets; and - Toronto Waterfront Revitalization Corporation's assessment of its Quayside project.
The General Government and Licensing Committee received the report (September 21, 2020) from the Controller and the supplementary report (November 13, 2020) from the Controller for information.
Staff recommendation as filed
The Controller recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL19.2amended
The purpose of this report is to request approval for a non-competitive contract with Ernst and Young LLP for continued support of Purchasing and Materials Management Division's Category Management and Strategic Sourcing Unit. The continuation of these services with Ernst and Young LLP is a cost mitigation strategy to help with the City's financial situation by realizing financial benefits through the strategic sourcing of procurements within the City's top 6 categories of spend: Construction and Maintenance, Technology, Facilities Management, Fleet, Professional Services, Refuse and Waste Management which contribute to the $20 million in year savings target. Purchasing and Materials Management Division, with the assistance of Ernst and Young LLP, has been able to obtain $41 million in benefits to date (between 2019 and April 2020) as part of the implementation of Category Management ("Phase 1"). The City entered into a new contract with Ernst and Young LLP to cover the period of May to October. This further contract extension ("Phase 2") will deliver additional financial benefits of an estimated $110 million incremental to the $41 million in confirmed benefits to date. Further to the strategic sourcing opportunities that will be pursued as part of Phase 2, Ernst and Young LLP will also work with Purchasing and Materials Management Division to create the governance framework and operationalize this practice in addition to the creation of category profiles and strategies to incorporate Divisional and City objectives and priorities. Ernst and Young LLP was originally retained through a competitive process for Phase 1 and completed their main contract for a value of $4.5 million in April 2020. Purchasing and Materials Management Division entered into a non-competitive contract to extend Ernst and Young LLP for an additional 3 months for $0.5 million which was subsequently amended for another $0.5 million for a total contract value of $1.0 million. This proposed further extension would increase the contract value by $3.485 million for consultancy work plus a 5 percent success fee for Ernst and Young LLP to assist the City in completing strategic sourcing events and achieving an estimated $110 million in additional confirmed benefits which will equal an estimated success fee of $5.5 million. Overall this will increase the total contract value by $8.985 million net of Harmonized Sales Tax (for a total contract value of $9.985 million) and extend the contract until end of March 2022
The General Government and Licensing Committee recommends that: 1. City Council authorize the Controller to negotiate and enter into an amending agreement with Ernst and Young LLP to continue supporting Purchasing and Materials Management Division's Category Management and Strategic Sourcing initiative by increasing the value of the contract from $1.0 million gross ($1.018 million net of Harmonized Sales Tax recoveries) by an additional $8.985 million gross ($9.143 million net of Harmonized Sales Tax recoveries) to a potential upset limit of $9.985 million gross ($10.161 million net of Harmonized Sales Tax recoveries) broken down by: a. adding $3.485 million gross ($3.546 million net of Harmonized Sales Tax recoveries) for consulting services related to developing category governance, improving reporting, strategic sourcing support and the development of a supplier relationship and contract management framework; b. including a 5 percent success fee for Ernst and Young LLP's support in obtaining an estimated 110 million in benefits from category management and strategic sourcing events for an upset limit for a success fee of $5.5 million ($5.597 million net of Harmonized Sales Tax); and c. extending the term of the agreement to May 31, 2022.
Staff recommendation as filed
The Controller and the Chief Procurement Officer recommends that: 1. City Council authorize the Controller to negotiate and enter into an amending agreement with Ernst and Young LLP to continue supporting Purchasing and Materials Management Division's Category Management and Strategic Sourcing initiative by increasing the value of the contract from $1.0 million gross ($1.018 million net of Harmonized Sales Tax recoveries) by an additional $8.985 million gross ($9.143 million net of Harmonized Sales Tax recoveries) to a potential upset limit of $9.985 million gross ($10.161 million net of Harmonized Sales Tax recoveries) broken down by: a. adding $3.485 million gross ($3.546 million net of Harmonized Sales Tax recoveries) for consulting services related to developing category governance, improving reporting, strategic sourcing support and the development of a supplier relationship and contract management framework; b. including a 5 percent success fee for Ernst and Young LLP's support in obtaining an estimated 110 million in benefits from category management and strategic sourcing events for an upset limit for a success fee of $5.5 million ($5.597 million net of Harmonized Sales Tax); and c. extending the term of the agreement to March 31, 2022
GL19.3amended
Updates to Toronto Municipal Code, Chapter 545, Licensing - Payday Loan Establishments
This report builds upon regulations for payday loan establishments adopted by City Council in 2018, recommends that future work is undertaken through the Toronto Poverty Reduction Strategy and responds to the following outstanding directives to explore: - the feasibility of creating minimum separation distances between payday loan establishments and schools - the feasibility of establishing a process for the local Councillor to object to the relocation of a payday loan establishment - options to restrict advertising, and discussions with the financial services industry on improving access to financial products Capping the number of payday loan establishments to those that existed and were provincially licensed as of May 1, 2018 has provided the City with a mechanism to mitigate the proliferation of establishments, while enabling operators to continue to provide a product to meet consumer demand. Future work is required to address consumers' need for credit and explore options for low-cost lending alternatives through an anti-poverty lens. Research suggests that the number of residents who take out high-cost lending options (such as payday loans) may increase due to the ongoing financial effects of the COVID-19 pandemic. Due to the current absence of low-cost alternatives, there are concerns that if City Council were to further limit the number or location of payday loan establishments, residents would turn to higher risk or higher cost options. Potential further restrictions, such as minimum separation distances between schools and payday loan establishments, do not address the consumer's need to access low-cost financial products and services. The City's Poverty Reduction Office, under Social Development, Finance and Administration, will work to increase access and to advance inclusive economic development in Toronto and will report on the status of this work to City Council in 2021, as part of their Poverty Reduction Strategy Update. This report recommends technical amendments to the By-law, such as updating the licensing regime to reflect the 25-ward model, and simplifying language in the By-law to provide clarity to residents and operators on the cap on the number of licensees and locations. With respect to advertising, under the Payday Loans Act, 2008, the Government of Ontario prohibits payday loan establishments from advertising misleading or false information and requires all advertisements that mention the cost of borrowing to disclose specific information such as the maximum allowable cost of borrowing and the actual cost of borrowing. It is recommended that City Council request the Government of Ontario take further action by proclaiming Subsection 77.16.1 of the Payday Loans Act, 2008. Once this Subsection is proclaimed, the Government of Ontario can make regulations governing advertising or signage in any medium with respect to a payday loan, including the content, location and size of advertising or signage, and/or prohibiting advertising or signage. Payday loan establishments are prohibited from advertising on City property under Toronto Municipal Code, Chapter 545, Licensing. Adding restrictions that duplicate provincial requirements is not recommended and going further than the province could lead to a freedom of expression Charter challenge. As directed by City Council in June 2020, staff engaged with the traditional financial services sector and reviewed feedback collected under the City's recovery and rebuild engagement process. Feedback collected by the Toronto Office of Recovery and Rebuild highlighted the financial challenges that residents are experiencing as a result of COVID-19, the lack of low-cost credit alternatives and the increased digitization of financial services. More information is included in Attachment 1. In addition, this report provides an update on recent changes to the provincial Payday Loans Act, 2008. As part of the COVID-19 Economic Recovery Act, 2020, the Government of Ontario amended the Act to cap interest rates and fees on defaulted loans. While this amendment offers relief for new users of payday loans (that is, after August 20, 2020), it does not address the initial high cost of borrowing (that is, $15 for every $100) or the lack of low-cost alternatives. Staff are concerned that due to the increased digitization of financial services, accelerated by the COVID-19 pandemic, more payday loans and high-cost installment loans are being obtained online. The Government of Ontario is responsible for the enforcement of online payday lending and in previous conversations, has indicated challenges with enforcement. While attempts are made to make the online lender aware of the requirements of the Payday Loans Act, 2008, it is often difficult to determine the location of the online operator. In addition, high-cost installment loans (that is, loans above $1,500 but with interest rates as high as 59.9 percent) are not subject to the Payday Loans Act, 2008 or other consumer protection legislation such as the Consumer Protection Act, 2002. It is recommended that City Council request the Government of Ontario strengthen its enforcement of online payday lending and introduce consumer protection legislation for high-cost installment loans. This report was written in consultation with Social Development, Finance and Administration, Economic Development and Culture, City Clerk's Office, City Planning, Legal Services and the City Manager's Office.
The General Government and Licensing Committee recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: a. add to the provision addressing the limit on licences to clarify that the effect of § 545-538 is to reduce the total number of licences issued under this chapter as licences issued under the Payday Loans Act, 2008 or Toronto Municipal Code, Chapter 545, Licensing cease to be valid, are revoked or expire; and b. add a provision to clarify that the total number of locations is limited to the total number of locations operating within a ward (as each ward exists on the day it comes into existence) on May 1, 2018 which have been permitted by a licence under the Payday Loans Act, 2008. 2. City Council direct that changes to the City of Toronto Municipal Code Chapter 545, Licensing, come into force on January 1, 2021. 3. City Council request the Federal Government to: a. require chartered banks to have branches in low-income neighbourhoods which offer credit lines to low-income people at the same rates they offer to other customers; b. create a national database of payday loan establishment users to stop users from taking out loans to pay off other loans; c. amend the Criminal Code of Canada to lower the maximum interest rate from 60 percent to 30 percent; and d. work with partners such as credit unions, to encourage and steward the development of lower-cost financial products that can provide an alternative for users of payday loan establishments. 4. City Council request the Government of Ontario to: a. strengthen its enforcement of online payday lending, including unlicensed online payday lenders; b. introduce regulations for high-cost installment loans to better protect consumers from high-cost loans that fall outside the regulation of the Payday Loans Act, 2008; and c. strengthen its regulation of payday lending advertising by proclaiming Subsection 77.16.1 of the Payday Loans Act, 2008 into effect, enabling the provincial government to make regulations to further govern and enforce advertising or signage in any medium with respect to a payday loan or a payday loan agreement, including the content, location and size of advertising or signage, and the ability to create regulations that prohibit licensees from making certain advertising or signage. 5. City Council direct the Executive Director, Social Development, Finance and Administration, in consultation with the General Manager, Economic Development and Culture, to include an update on improving access to relevant financial products and services such as access to cash for Toronto residents, in partnership with the financial services industry and the For Public Benefit (not-for-profit) sector, in the forthcoming 2021 Poverty Reduction Strategy update report to Council. 6. City Council request the Chief Planner to report to the Planning and Housing Committee on the necessary steps required to amend the zoning classification for payday loans to remove it from the category governing banks and credit unions, and that the report include requirements needed for municipalities to govern over payday loan establishments, including regulations on their locations and spacing. 7. City Council forward this Item to the Association of Municipalities of Ontario and the Federation of Canadian Municipalities.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council direct the Executive Director, Social Development, Finance and Administration, in consultation with the General Manager, Economic Development and Culture, to include an update on improving access to relevant financial products and services such as access to cash for Toronto residents, in partnership with the financial services industry and the For Public Benefit (not-for-profit) sector, in the forthcoming 2021 Poverty Reduction Strategy update report to Council. 2. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: a. add to the provision addressing the limit on licences to clarify that the effect of § 545-538 is to reduce the total number of licences issued under this chapter as licences issued under the Payday Loans Act, 2008 or Toronto Municipal Code, Chapter 545, Licensing cease to be valid, are revoked or expire; and b. add a provision to clarify that the total number of locations is limited to the total number of locations operating within a ward (as each ward exists on the day it comes into existence) on May 1, 2018 which have been permitted by a licence under the Payday Loans Act, 2008. 3. City Council request the Government of Ontario to: a. strengthen its enforcement of online payday lending, including unlicensed online payday lenders; b. introduce regulations for high-cost installment loans to better protect consumers from high-cost loans that fall outside the regulation of the Payday Loans Act, 2008; and c. strengthen its regulation of payday lending advertising by proclaiming Subsection 77.16.1 of the Payday Loans Act, 2008 into effect, enabling the provincial government to make regulations to further govern and enforce advertising or signage in any medium with respect to a payday loan or a payday loan agreement, including the content, location and size of advertising or signage, and the ability to create regulations that prohibit licensees from making certain advertising or signage. 4. City Council direct that changes to the City of Toronto Municipal Code Chapter 545, Licensing, come into force on January 1, 2021.
GL19.4forwarded without recommendation
Vehicles-for-Hire and COVID-19 Related Financial Hardship
At its meeting on October 27, 2020, City Council adopted MM25.1 - Supporting Taxi Operators from COVID-related Financial Hardship, which directed the City Manager, in consultation with the Executive Director, Municipal Licensing and Standards and the Chief Financial Officer and Treasurer, to undertake a broad review of relief measures for the taxicab industry and report to the November 30, 2020 meeting of the General Government and Licensing Committee, with any financial impacts to the City addressed through the 2021 budget process. Council directed that this review include the feasibility and impact of: - a 12-month moratorium on enforcement of the age of vehicle provision for taxicabs and limousines, or an extension to the maximum age of vehicle provision for vehicles used as taxicab and sedan limousines by one year - a reduction to the Vehicle-for-Hire Accessibility Fund Program's regulatory charges - a 12-month moratorium on licensing renewal fees for taxicabs; and/or a significant reduction or elimination of taxicab licensing renewal fees for 2021 As with many licensed businesses, the vehicle-for-hire industry has suffered financially due to the COVID-19 pandemic. The closure of non-essential business, such as bars and restaurants, cancellation of large events such as concerts and sporting events, and a substantial increase in people working from home has contributed to lower consumer demand for vehicles-for-hire. While the taxicab industry does not currently provide trip data to the City, the Toronto Transit Commission Wheel-Trans has indicated that their taxicab contract has been operating at 35-40 percent of normal capacity (November 2020). Private transportation company trips continue to be down by approximately 65 percent (when comparing March to July 2020 to the same time period last year); however, at their lowest level in April 2020, they were down approximately 80 percent. This report recommends that any changes adopted by City Council should be consistent for the entire vehicle-for-hire industry (taxicabs, limousines, and private transportation companies such as Facedrive, Lyft and Uber). This is considered an equitable approach, and is intended to mitigate the risk of possible legal court challenges. Municipal Licensing and Standards reviewed the proposal to place a 12-month moratorium on the enforcement of the vehicle age provision for taxicabs and limousines and determined that this would only support 2013 model year owners. Further, this proposal is considered inequitable, as it would only apply to taxicabs and limousines, and not Private Transportation Company vehicles (such as Facedrive, Lyft and Uber) who have also reported lower ridership during the pandemic, posing the risk of possible legal court challenges. To support the vehicle-for-hire industry, it is instead recommended that the maximum age of all vehicles licensed under the Vehicle-for-Hire By-law be extended by one year. The proposed change would extend the maximum age of taxicab, sedan limousine and Private Transportation Company vehicles from seven model years to eight model years, for vehicles of the 2013 model year and onward, and the maximum age of stretch limousine vehicles from eight model years to nine model years, for vehicles of the 2012 model year and onward. This change recognizes that all members of the vehicle-for-hire industry have been affected by the COVID-19 pandemic. It would also be a longer-term support, as it is unknown when the pandemic will end and how long it may take the vehicle-for-hire industry to recover. Staff have determined that this recommendation is feasible given that industry members have reported a decrease in ridership during the pandemic, and since the age of a vehicle is not necessarily linked to its state of repair. Members of the vehicle-for-hire industry expressed support for this proposal as a way to provide relief during the COVID-19 pandemic, in response to a survey conducted by Municipal Licensing and Standards. Taxicab brokerages, limousine service companies or private transportation companies would still be able to implement more restrictive vehicle age requirements, as a business decision. With respect to regulatory charges for the Vehicle-for-Hire Accessibility Fund Program, Municipal Licensing and Standards worked with the Policy, Planning, Finance and Administration Division to determine that a 75 percent reduction in the monies to be collected from non-accessible vehicle-for-hire members in 2021 is feasible. This temporary reduction would allow the City to maintain the intention of the fund (that is, to offset the higher cost of providing wheelchair accessible vehicle-for-hire service for accessible vehicle-for-hire members), while providing immediate financial relief to the non-accessible vehicle-for-hire industry for one year. Financial impacts could be accommodated through the existing budget due to the City's initial self-funding of the Accessibility Fund Program in 2019 and regulatory charges collected thus far. Staff also reviewed the proposal for a 12-month collection moratorium on business licensing fees and the proposal to significantly reduce business licensing fees. As mandated under the City of Toronto Act, 2006, business licensing fees are established based on cost-recovery. Therefore, any changes would result in negative budget pressures, and would need to be offset through other revenue sources, or through expenditure control measures during the budget process. To reduce the business licensing fees of one category, and not others is also likely to be seen as unfair by other licensed categories and may lead to requests for the same treatment. Municipal Licensing and Standards licenses and permits 99 different businesses. If reductions in one class of business licence are made, the City should consider reductions in to other licence classes, resulting in further negative budget pressures on the City's budget. In addition, reducing the business licensing fees for one licensing category, but not others, may also lead to legal challenges. A broader report on the vehicle-for-hire industry, including responses to outstanding directives, is expected later in 2021. This report was prepared in consultation with Legal Services, Policy, Planning, Finance and Administration, the Office of the Chief Financial Officer and Treasurer and the City Manager's Office.
The General Government and Licensing Committee submits the item to City Council without recommendation.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend Toronto Municipal Code, Chapter 546, Licensing of Vehicles-for-Hire to extend the maximum age of vehicles used as a taxicab, sedan limousine or private transportation company vehicle from seven model years to eight model years, for vehicles of the 2013 model year and onward, and the maximum age of vehicles used as a stretch limousine from eight model years to nine model years, for vehicles of the 2012 model year and onward. 2. City Council direct that changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire come into force on January 1, 2021.
GL19.5adopted
Write-off of Uncollectible Property Taxes from the Tax Roll
This report recommends the write-off of property taxes deemed uncollectible for 39 receivable amounts relating to 14 individual property tax accounts for taxation years 2009 to 2019. The receivable amounts relate to property tax accounts that are no longer returned on the assessment roll, making collection efforts and recovery of outstanding amounts impossible. The total estimated amount to be written off is $21,913, consisting of taxes of $12,205, and interest/penalty of $9,708. All reasonable and appropriate collection efforts have been exhausted. It is recommended that the property taxes, interest and fees that have accumulated over the period 2009 to 2019 be deemed uncollectible and written off. The write-off of these amounts will have no impact on the current year's budget, as these amounts have all been previously provided for in the Allowance for Doubtful Tax Receivables Account in prior years.
The General Government and Licensing Committee recommends that: 1. City Council deem the unpaid property taxes levied in all years (including interest and penalties which have accrued on those unpaid taxes up to the time of write-off) on the 39 receivables listed in Attachment 1 to the report (November 13, 2020) from the Controller as uncollectible, and direct the Controller to remove these amounts from the tax roll.
Staff recommendation as filed
The Controller recommends that: 1. City Council deem the unpaid property taxes levied in all years (including interest and penalties which have accrued on those unpaid taxes up to the time of write-off) on the 39 receivables listed in Attachment 1 as uncollectible, and direct the Controller to remove these amounts from the tax roll.
GL19.6adopted
Fair Wage Office - 2019 Annual Report
This report provides an overview of the activities of the Fair Wage Office for 2019.
The General Government and Licensing Committee received the report (November 16, 2020) from the Manager, Fair Wage Office for information.
Staff recommendation as filed
The Manager, Fair Wage Office recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL19.7adopted
Non-Union Separation Costs for 2019
This report provides information on non-union employee separation costs for 2019. In 2014, the City's Auditor General reviewed the City of Toronto's non-union employee separation costs. The review affirmed that separation costs had been awarded in accordance with City of Toronto policies, procedures, applicable legislation and jurisprudence. The Auditor General recommended that separation costs continue to be monitored and that the costs be reported out regularly. The City of Toronto has statutory and legal obligations to provide separation pay when the employment relationship is terminated by the City of Toronto without just cause. Administering separation payments for non-union employees whose employment is terminated without cause falls under the authority of the City Manager. The separation payment provided in each circumstance, is informed by both provincial legislation and the application of a number of factors that are consistently considered by the courts. The total number of exits in each of the reported years represents a very small percentage of the total number of non-union employees employed by the City of Toronto.
The General Government and Licensing Committee received the report (November 16, 2020) from the Chief People Officer for information.
Staff recommendation as filed
The Chief People Officer recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL19.8adopted
Every three (3) years Toronto Parking Authority undertakes a comprehensive review of the hourly parking rates and the hours of operation of its on-street paid parking program. The purpose of the rate review is to evaluate performance of the program and ensure rates and hours of operation are set to encourage the turnover in parking throughout the day. The last comprehensive review was undertaken in October 2017. Given the widespread impacts that the Covid-19 pandemic has had on the commercial retail sector and in turn on parking demands in the city, Toronto Parking Authority's on-street paid parking program has seen a significant reduction in both the total number of transactions and revenues generated. Parking activity during 2020 has also been affected by the variety of initiatives introduced by the City of Toronto (City) to support businesses, communities and residents during the first wave of the Covid-19 pandemic and subsequent recovery period. While Toronto Parking Authority has worked closely with Transportation Services to support the City's CafeTO and CurbTO initiatives, these programs have together resulted in the elimination of at least 800 on-street paid parking spaces. Other programs, such as ActiveTO, which has delivered an accelerated implementation of cycling infrastructure on major arterial roads have also impacted the supply of on-street paid parking. Other external factors, such as the temporary postponement of enforcement activities by Toronto Police Services resulted in compliance concerns and parking activities that are not easily monitored. Given the ongoing financial impacts associated with the pandemic and a continued effort to support the City and its residents, communities and businesses during this challenging time, Toronto Parking Authority is recommending that the 2020 on-street rate review be deferred to 2021 and that no adjustments to rates or hours of operation be considered at this time. This report also responds to the request from Toronto City Council for Toronto Parking Authority to include a Parking Market Analysis as part of its annual Budget Submission. The purpose of the analysis is to review the effect that rate changes have had in terms of usage levels and parking revenue as well as calculating the price elasticity associated with changes to rates. While the Parking Market Analysis required as part of the 2021 budget process would have assessed the impact of any rate adjustments implemented in 2020, no rates were changed and therefore no analysis can be undertaken. A further Parking Market Analysis will be carried out and considered as part of the 2022 budget process.
The General Government and Licensing Committee recommends that: 1. City Council receive the report (October 20, 2020) from the Acting President, Toronto Parking Authority.
Staff recommendation as filed
The Board of Directors of Toronto Parking Authority recommends that: 1. City Council receive this item for information.
GL19.9adopted
As part of its mandate to provide short-term parking (those parking for less than 3 hours), Toronto Parking Authority carries out a comprehensive annual review of the parking rates at all of its off-street parking facilities. Providing short-term parking supports Toronto's neighbourhood retail and commercial sector as well as the City's transportation network by discouraging commuter behaviour. Establishing the appropriate parking rate structure is key in allowing Toronto Parking Authority to effectively manage use, serve the target market, and fairly allocate and encourage turnover of public parking spaces. 2020 has been a year significantly influenced by the Covid-19 pandemic. Wide-spread impacts to the retail and commercial sectors, the decentralization of the workplace and changing trends in commuter behaviour have all had far-reaching impacts on the demand for parking at Toronto Parking Authority's car parks. Given the atypical conditions experienced, Toronto Parking Authority is not recommending any adjustments to the rates at its off-street parking facilities at this time. Toronto Parking Authority will continue to monitor parking activity and will further assess the impact of parking rates on parking demands through the remainder of the year and 2021. This report provides an overview of the 2020 annual rate review of Toronto Parking Authority's off-street parking facilities and summarizes the trends found across the portfolio. Toronto Parking Authority Board approval is also requested to establish monthly rates at 73 facilities where no monthly rates currently exist. The establishment of these rates will provide Toronto Parking Authority greater flexibility to consider short-term permit arrangements when needed by other City Divisions, Agencies and Corporations for special projects, events and mitigation of impacts related to construction projects. This report also responds to the request from Toronto City Council for Toronto Parking Authority to include a Parking Market Analysis as part of its annual Budget Submission. The purpose of the analysis is to review the effect that rate changes have had in terms of usage levels and parking revenue as well as calculating the price elasticity associated with changes to rates. While the Parking Market Analysis required as part of the 2021 budget process would have assessed the impact of rate adjustments implemented as part of the 2019 off-street rate review, there is insufficient information to assess the impact of these rate changes, which were implemented in February of 2020 just before the Covid-19 pandemic began. A further Parking Market Analysis will be carried out and considered as part of the 2022 budget process.
The General Government and Licensing Committee recommends that: 1. City Council receive the report (October 20, 2020) from the Acting President, Toronto Parking Authority.
Staff recommendation as filed
The Board of Directors of Toronto Parking Authority recommends that: 1. City Council receive this item for information.
GL19.10adopted
Update on Fire and Life Safety Compliance at the City of Toronto
This report provides an annual update on fire and life safety compliance at the City of Toronto ("the City"), as directed by City Council in AU13.11. The report reviews the 2019 compliance, as assessed by a third-party vendor, against the 2017 and 2018 baseline data. While both fire and life safety records completion and compliance rates demonstrate improvement, further work is needed to improve compliance with the Ontario Fire Code. As a result of this compliance review, the City made the decision to change some fire and life safety service providers. These findings indicate a potential need for regulation in the fire and life safety industry, which will be explored further in 2021 by Corporate Real Estate Management in consultation with Toronto Fire Services and other stakeholders. In 2020, the Fire and Life Safety Program Office continued to implement work to centralize and standardize fire and life safety services across the City, as outlined in GL8.8. Despite challenges resulting from the COVID-19 pandemic, the Fire and Life Safety Program Office has made significant progress towards the development and implementation of a Master Fire Program, a comprehensive new Request for Proposal for inspections, testing and maintenance services, and the recruitment of new staff to enable the new service model.
The General Government and Licensing Committee recommends that: 1. City Council receive the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management for information.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, recommends that: 1. City Council receive this report for information.
GL19.11adopted
City-building Opportunities at 105 Spadina Avenue and 363 Adelaide Street West
The purpose of this report is to obtain City Council's approval of the proposed terms of a property transaction involving two City-owned properties at 105 Spadina Avenue and 363 Adelaide Street West, and the privately owned property at 101 Spadina Avenue, owned by DevGreat Inc. The city-building benefits of this transaction are to create a new public park of 1,000 square meters (10,764 square feet), to significantly increase onsite below-grade public parking and to generate additional funds to be used for affordable housing. As currently proposed, the transaction contemplates the partial land exchange and partial disposition of the City-owned surface parking lots at 105 Spadina Avenue and 363 Adelaide Street West to DevGreat Inc., the owner of the adjacent property at 101 Spadina Avenue. Following the proposed land exchange and disposition, DevGreat Inc. will own the lands (the "Development Lands") for the development of a mixed-use high-rise development with public and private parking below-grade under both the proposed development site and the new public park (the "Proposed Development"). In respect of the retained strata public park in City ownership, the transaction requires DevGreat Inc. to construct a minimum 1,000 square meter park to base park condition with above grade improvements satisfactory to Parks, Forestry and Recreation. The Proposed Development consists of a 39-storey, mixed-use building with 28,107 square meters (302,541 square feet) of total gross floor area. A Zoning By-Law Amendment application has not yet been submitted by DevGreat Inc. and the final height of the development and mix of residential and non-residential gross floor areas are still to be finalized through the planning approval process, however as per the proposed transaction terms, the final height is not to exceed the currently proposed 39-storeys. The 1,000 square meter stratified public park would be the result of the proposed real estate transaction between the City and DevGreat Inc. and is not to be considered the parkland dedication associated with the development application. The development application to be submitted by DevGreat Inc. will be subject to parkland dedication requirements to fulfill Section 42 of the Planning Act. For the development application, cash-in-lieu of parkland dedication will be required as per the Municipal Code Chapter 415, Article III. The new public park will be prominently placed at the southeast corner of Spadina Avenue and Adelaide Street West in a rectangular shape with good frontage and visibility from both abutting streets. The new public park is a positive addition to the downtown core as it regularizes the land parcels for both the City and DevGreat Inc. and creates a large green space amenity. DevGreat Inc., at their expense, will construct the retained City-owned public park to base park condition, inclusive of three (3) meters of soil depth, prior to the issuance of the first above grade building permit. DevGreat Inc. has agreed to construct the above base park improvements through a development charge credit against the Parks and Recreation component of the Development Charges applicable to the development site. The design of the public park will adhere to the City's Design Excellence standards. A minimum of 70 below-grade parking stalls will be constructed in accordance with Toronto Parking Authority specifications and operated by the Toronto Parking Authority as a municipal parking facility. As the proposed public park will be encumbered with a Toronto Parking Authority parking facility, City Council approval is required to accept these lands. All remaining proceeds from this transaction are to be used by the Housing Secretariat and CreateTO to acquire an estimated 20-30 new affordable housing units in the area, with specific focus on potential affordable housing opportunities at the City-owned properties, 35 Bellevue Avenue and 15 Denison Avenue. Staff conducted prior analysis and due diligence, and considered alternate options for unlocking the value of City assets at 105 Spadina Avenue and 363 Adelaide Street West. Given the financial and city-building merits of the proposal (including additional public parking spaces and public parkland in areas of significant deficiency), it was deemed to best meet the City's interest.
The Government and Licensing Committee recommends that: 1. City Council authorize the City, as Vendor, to enter into an Agreement of Purchase and Sale with the owners of 101 Spadina Avenue (DevGreat Inc.), as Purchaser/Developer, for: a. a land exchange between the City and DevGreat Inc. of equal 214 square metre portions of land on 101 Spadina, 105 Spadina Avenue and 363 Adelaide Street West as outlined in Appendix A to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority; b. the City sale to DevGreat Inc. of a 249 square meter portion of 363 Adelaide Street West as outlined in Appendix B to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority; c. the City sale to DevGreat Inc. of the underground strata lands under the City park lands as outlined in Appendix C to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority with the result of the transactions described in a., b., and c.being that DevGreat Inc. will own the lands for the proposed development (the "Development Lands") and the City will own the strata lands for the new City park (the "Strata Park Lands"); d. the acquisition of stratified freehold title to portions of the underground parking garage containing a minimum of 70 parking spaces to be constructed by DevGreat Inc. to Toronto Parking Authority standards on the Development Lands (the "Public Parking Garage") as outlined in Appendix D to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority; and e. the construction and delivery of a new public park at grade to be fully constructed by DevGreat Inc. and being approximately 1,000 square metres in area located at the corner of Spadina Avenue and Adelaide Street West within the Strata Park Lands (the "Public Park"); substantially on the terms and conditions set out in Appendix E to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority, including the confidential sale prices of the City sales and acquisition price for the Public Parking Garage and substantially in accordance with the estimated land values for the land exchange and estimated consideration for ancillary transactions, all as set out in Confidential Attachment 1 to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority, and together with such other terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the Acting President, Toronto Parking Authority in respect of the Public Parking Garage and in consultation with the General Manager, Parks, Forestry and Recreation in respect of the Public Park, and in a form satisfactory to the City Solicitor. 2. City Council authorize the City to enter into all agreements and documentation contemplated under the Agreement of Purchase and Sale which require the City to be a party, solely in its capacity as land owner, including any construction and/or construction management agreements pertaining to the Public Parking Garage and/or the Public Park, easements, reciprocal cost sharing agreements, restrictive covenant agreements, limiting distance agreements, licence and/or occupancy agreements, closing documents and other agreements (the "Ancillary Transactions") on such terms and conditions as deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the Acting President, Toronto Parking Authority in respect of the Public Parking Garage and in consultation with the General Manager, Parks, Forestry and Recreation in respect of the Public Park, and in a form satisfactory to the City Solicitor. 3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, in consultation with the Acting President, Toronto Parking Authority and the General Manager, Parks, Forestry and Recreation as applicable, to administer and manage the Agreement of Purchase and Sale and Ancillary Transactions, including the provision of any consents, approvals, waivers and notices, provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters to City Council for its determination and direction. 4. City Council authorize any one of the Deputy City Manager, Corporate Services, the Executive Director, Corporate Real Estate Management, and the Director, Transaction Services, to execute and deliver the Agreement of Purchase and Sale and each of the Ancillary Transactions, on behalf of the City. 5. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to execute and deliver on behalf of the City, solely in its capacity as land owner, written consent to any planning or development application contemplated under the Agreement of Purchase and Sale, provided the applicant agrees to assume all obligations including costs and liabilities under such applications, and subject to such other terms and conditions deemed satisfactory to the Executive Director, Corporate Real Estate Management, and in form satisfactory to the City Solicitor. 6. City Council direct that any consent provided by the City, solely in its capacity as land owner, to a planning or development application shall not fetter the exercise by the City of all of its rights as a municipality, or impose any obligations on the City, in its role as a municipality, and the City shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including planning rights and responsibilities. 7. City Council direct that prior to all acquisitions by the City contemplated in these Recommendations, the City be in receipt of title opinions from the solicitors for DevGreat Inc., in form and content satisfactory to the City Solicitor. 8. City Council direct that the lands acquired for the Public Parking Garage be designated by bylaw for municipal parking purposes and managed by the Toronto Parking Authority. 9. City Council authorize the Executive Director, Corporate Real Estate Management, and the Executive Director, Housing Secretariat, to allocate all proceeds from transactions set out in this report, net of the funds required for the acquisition of the Public Park and the Public Parking Garage, to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) with a commitment to the acquisition of affordable housing units in the area. 10. City Council direct the Executive Director, Housing Secretariat, to work with the Chief Executive Officer, CreateTO, on a plan to redevelop the properties located at 15 Denison Avenue and 35 Bellevue Avenue for affordable housing use, and that consideration be given to selecting a not-for-profit partner as the development partner for both of these properties. 11. City Council direct the General Manager, Transportation Services, to work with the Acting President, Toronto Parking Authority, and the Chief Executive Officer, CreateTO, to locate replacement parking and implement the required by-law changes to compensate for the future loss in surface parking from both 15 Denison Avenue and 25 Bellevue Avenue. 12. City Council accept the acquisition of the 214 square metres of the land exchange component of the transaction so that all of the Public Park lands (including the City-retained lands for the Public Park) will be in City ownership prior to the issuance of the first above grade building permit, notwithstanding that the Public Park will be encumbered by an underground parking structure containing a Toronto Parking Authority operated facility in the upper levels, and may also be encumbered by Ancillary Transactions. 13. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by DevGreat Inc. of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation and in an amount that is the lesser of the cost to DevGreat Inc. of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 14. City Council approve that DevGreat Inc. will pay their cash-in-lieu of parkland dedication associated with the development site prior to the issuance of the first Above Grade Building Permit to fulfill its obligations under Section 42 of the Planning Act and Municipal Code Chapter 415, Article III. 15. City Council authorize the public release of Confidential Attachment 1 to the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority, following the closing of the land exchange and sale transactions, the acquisition of the Public Parking Garage and the delivery of the Public Park, as identified in the report (November 16, 2020) from the Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority.
Staff recommendation as filed
The Deputy City Manager, Corporate Services, and the Acting President, Toronto Parking Authority, recommend that: 1. City Council authorize the City, as Vendor, to enter into an Agreement of Purchase and Sale with the owners of 101 Spadina Avenue (DevGreat Inc.), as Purchaser/Developer, for: a. a land exchange between the City and DevGreat Inc. of equal 214 square meter portions of land on 101 Spadina, 105 Spadina Avenue and 363 Adelaide Street West as outlined in Appendix A; b. the City sale to DevGreat Inc. of a 249 square meter portion of 363 Adelaide Street West as outlined in Appendix B; c. the City sale to DevGreat Inc. of the underground strata lands under the City park lands as outlined in Appendix C with the result of the transactions described in (a) (b) and (c) being that DevGreat Inc. will own the lands for the proposed development (the "Development Lands") and the City will own the strata lands for the new City park (the "Strata Park Lands"); d. the acquisition of stratified freehold title to portions of the underground parking garage containing a minimum of 70 parking spaces to be constructed by DevGreat Inc. to Toronto Parking Authority standards on the Development Lands (the "Public Parking Garage") as outlined in Appendix D; and e. the construction and delivery of a new public park at grade to be fully constructed by DevGreat Inc. and being approximately 1,000 square meters in area located at the corner of Spadina Avenue and Adelaide Street West within the Strata Park Lands (the "Public Park"); substantially on the terms and conditions set out in Appendix E, including the confidential sale prices of the City sales and acquisition price for the Public Parking Garage and substantially in accordance with the estimated land values for the land exchange and estimated consideration for ancillary transactions, all as set out in Confidential Attachment 1, and together with such other terms and conditions as may be deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the Acting President, Toronto Parking Authority in respect of the Public Parking Garage and in consultation with the General Manager, Parks, Forestry and Recreation in respect of the Public Park, and in a form satisfactory to the City Solicitor. 2. City Council authorize the City to enter into all agreements and documentation contemplated under the Agreement of Purchase and Sale which require the City to be a party, solely in its capacity as land owner, including any construction and/or construction management agreements pertaining to the Public Parking Garage and/or the Public Park, easements, reciprocal cost sharing agreements, restrictive covenant agreements, limiting distance agreements, licence and/or occupancy agreements, closing documents and other agreements (the "Ancillary Transactions") on such terms and conditions as deemed appropriate by the Executive Director, Corporate Real Estate Management, in consultation with the Acting President, Toronto Parking Authority in respect of the Public Parking Garage and in consultation with the General Manager, Parks, Forestry and Recreation in respect of the Public Park, and in a form satisfactory to the City Solicitor. 3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, in consultation with the Acting President, Toronto Parking Authority and the General Manager, Parks, Forestry and Recreation as applicable, to administer and manage the Agreement of Purchase and Sale and Ancillary Transactions, including the provision of any consents, approvals, waivers and notices, provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters to City Council for its determination and direction. 4. City Council authorize any one of the Deputy City Manager, Corporate Services, the Executive Director, Corporate Real Estate Management, and the Director, Transaction Services, to execute and deliver the Agreement of Purchase and Sale and each of the Ancillary Transactions, on behalf of the City. 5. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to execute and deliver on behalf of the City, solely in its capacity as land owner, written consent to any planning or development application contemplated under the Agreement of Purchase and Sale, provided the applicant agrees to assume all obligations including costs and liabilities under such applications, and subject to such other terms and conditions deemed satisfactory to the Executive Director, Corporate Real Estate Management, and in form satisfactory to the City Solicitor. 6. Any consent provided by the City, solely in its capacity as land owner, to a planning or development application shall not fetter the exercise by the City of all of its rights as a municipality, or impose any obligations on the City, in its role as a municipality, and the City shall not be prevented from or prejudiced in carrying out its statutory rights and responsibilities, including planning rights and responsibilities. 7. City Council direct that prior to all acquisitions by the City contemplated in this report, the City be in receipt of title opinions from the solicitors for DevGreat Inc., in form and content satisfactory to the City Solicitor. 8. City Council direct that the lands acquired for the Public Parking Garage be designated by bylaw for municipal parking purposes and managed by the Toronto Parking Authority. 9. City Council authorize the Executive Director, Corporate Real Estate Management, and the Executive Director, Housing Secretariat, to allocate all proceeds from transactions set out in this report, net of the funds required for the acquisition of the Public Park and the Public Parking Garage, to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) with a commitment to the acquisition of affordable housing units in the area. 10. City Council direct the Executive Director, Housing Secretariat, to work with the Chief Executive Officer, CreateTO, on a plan to redevelop the properties located at 15 Denison Avenue and 35 Bellevue Avenue for affordable housing use, and that consideration be given to selecting a not-for-profit partner as the development partner for both of these properties. 11. City Council direct the General Manager, Transportation Services, to work with Acting President, Toronto Parking Authority, and the Chief Executive Officer, CreateTO, to locate replacement parking and implement the required bylaw changes to compensate for the future loss in surface parking from both 15 Denison Avenue and 25 Bellevue Avenue. 12. City Council accept the acquisition of the 214 square meters of the land exchange component of the transaction so that all of the Public Park lands (including the City-retained lands for the Public Park) will be in City ownership prior to the issuance of the first above grade building permit, notwithstanding that the Public Park will be encumbered by an underground parking structure containing a Toronto Parking Authority operated facility in the upper levels, and may also be encumbered by Ancillary Transactions. 13. City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by DevGreat Inc. of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation and in an amount that is the lesser of the cost to DevGreat Inc. of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 14. City Council approve that DevGreat Inc. will pay their cash-in-lieu of parkland dedication associated with the development site prior to the issuance of the first Above Grade Building Permit to fulfill its obligations under Section 42 of the Planning Act and Municipal Code Chapter 415, Article III. 15. City Council authorize the public release of Confidential Attachment 1 following the closing of the land exchange and sale transactions, the acquisition of the Public Parking Garage and the delivery of the Public Park, as identified in this report.
GL19.12adopted
Activation of 220 Poplar Road (Sir Robert L. Borden Business and Technical School)
The purpose of this report is to provide a status update on activating the Sir Robert L. Borden Business and Technical School (the "Borden Site"), located at 200 Poplar Road, for City of Toronto (the "City") and community purposes, in light of significant community interest in accessing the site. The activation of the Borden Site has been subject to ongoing negotiations between the City of Toronto and the Toronto Lands Corporation, negotiating on behalf of the Toronto District School Board, to finalize the terms of a land exchange agreement that was authorized by City Council in 2019. The land exchange contemplated the City obtaining the fee simple interest in Borden Site, an 11.93 acre property owned by the Toronto District School Board, to be used to create a community hub servicing the needs of the local community along with allowing the City to explore city-building opportunities with other City-owned properties nearby. In order to expedite the City's access to, and the activation of the Borden Site, the Toronto Lands Corporation has agreed to provide the City with a five year occupancy agreement, pursuant to which the City would assume full care and control of the facility and be permitted to grant use or otherwise permit the occupation of the facility by City divisions, agencies, and corporations, as well as community groups. In order to activate the site, the following requirements need to be met in a sequential order, as follows: - Budget approvals - Community space activation and City Council authorization, including authority to execute the early occupancy agreement with the Toronto Lands Corporation - The execution of the early occupancy agreement with the Toronto Lands Corporation; - Site design, fit up and space allocation It is anticipated that the outlined process to activate the Borden Site will take approximately 12 months.
The General Government and Licensing Committee received the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management for information.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL19.13adopted
Initiation of Expropriation of Permanent Easements for the Port Union Road Widening
The purpose of this report is to seek authority from City Council to commence expropriation proceedings to acquire permanent easements on part of the properties municipally known as 429 Port Union Road, 433 Port Union Road, 437 Port Union Road, 28 Rozell Road, 33 Rozell Road, 2 Cameron Glen Boulevard, 446 Lawson Road and 24 Fanfare Avenue (collectively, the "Properties"). The acquisition of these easements is essential for the construction of the proposed Port Union Road Widening project and ancillary works to improve vehicular traffic as well as cyclist and pedestrian safety in the area. This report is the first stage of the expropriation process. After the application for approval to expropriate is authorized, staff will serve and publish notice on the registered owners of the Properties. Registered owners will have 30 days to request an inquiry into whether the proposed takings are fair, sound and reasonably necessary. If no inquiry is requested, Council may approve the expropriation by a subsequent Stage 2 report. At that time, staff will report to Council with further details on the anticipated cost, based on appraisals. Following the Stage 2 report, the expropriation plan will be registered and notices of expropriation served. Statutory offers of compensation must be served prior to the City taking possession of the expropriated Properties. Staff continue to negotiate with owners to secure the easements by agreement, rather than by expropriation. However, expropriation proceedings are being initiated in order to maintain project timelines.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the property interests listed in Appendix A to the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management and outlined on the easement drawings attached as Appendix B to the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management (collectively, the "Project Requirements"), and as approving authority, authorize the initiation of the expropriation process for the Project Requirements, for the purposes of the Port Union Road widening project and ancillary works. 2. City Council direct the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the property interests listed in Appendix A and outlined on the easement drawings attached as Appendix B (collectively, the "Project Requirements"), and as approving authority, authorize the initiation of the expropriation process for the Project Requirements, for the purposes of the Port Union Road widening project and ancillary works. 2. City Council direct the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.
GL19.14adopted
Release of Easement at 10 and 20 Meadowglen Place
In 2015, the City of Toronto (the "City") closed a former public highway located at 10 and 20 Meadowglen Place and sold the property to R.A.B. Properties Limited (the "Developer"). As part of the sale, the City reserved an easement in its favour to protect municipal infrastructure located beneath the property. In 2020, the Developer requested that this easement be released from title to facilitate its development at 10 and 20 Meadowglen Place. Following the release of this easement, the Developer submitted additional appraisal information to the City, disputing the market value paid by the Developer for the release and requesting that this value be adjusted. Confidential Attachment 1 contains information relating to legal advice from the City Solicitor relating to potential litigation and next steps.
The General Government and Licensing Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that Confidential Attachment 1 to the report (November 16, 2020) from the Executive Director, Corporate Real Estate Management and City Solicitor remain confidential in its entirety at the discretion of the City Solicitor, as it pertains to potential litigation involving the City of Toronto and contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management and the City Solicitor, recommend that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the information contained in Confidential Attachment 1 remain confidential in its entirety at the discretion of the City Solicitor, as it pertains to potential litigation involving the City of Toronto and contains advice that is subject to solicitor-client privilege.
GL19.15adopted
The purpose of the report is to inform the General Government and Licensing Committee regarding an emergency non-competitive contract that the City has entered into with Century Group Inc. under Purchase Order No. 6051271, to provide emergency structural remediation services at the East Wing of Union Station, in the amount of $2,968,877.09 net of Harmonized Sales Tax ($3,021,129.33 net of Harmonized Sales Tax recoveries). As a result of the demolition undertaken as part of the Workplace Modernization Program to create office swing space at Union Station, it was discovered that there were significant structural issues with the roof and the floor and ceiling slabs of the second, third and fourth floors in the East Wing of Union Station. Once discovered, the structural issues needed to be addressed immediately, as required by the Ontario Building Code, to prevent possible collapse, and to ensure the safety of all personnel on site. The structural issues could not have been found by any due diligence processes prior to construction, as only full demolition exposed the structural issues. Reporting back to City Council is required in accordance with Municipal Code Chapter 195, Purchasing, Article 7, Section 195-7.4(B) where a non-competitive contract over $500,000 was entered into on the basis of emergency.
The General Government and Licensing Committee recommends that: 1. City Council receive the report (November 27, 2020) Report from the Executive Director, Corporate Real Estate Management, and the Chief Procurement Officer, Purchasing and Materials Management for information.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, and the Chief Procurement Officer, Purchasing and Materials Management recommend that: 1. City Council receive this report for information.
GL19.16adopted
The purpose of this report is to seek City Council authority for the General Manager, Fleet Services Division to increase the scope of non-competitive Blanket Contract Number 47022513 with Strongco Limited Partnership to include the supply and delivery of parts, warranty and non-warranty maintenance and repair services for all vehicle and equipment makes and models in which Strongco Limited Partnership is the sole authorized service provider within the Greater Toronto Area. This contract amendment will ensure ongoing requirements of the proprietary OEM services and parts supply including but not limited to maintenance and repairs on the approved equipment (Volvo, Case, Terex) and with the addition of Fassi and National to the list of the approved equipment for the City of Toronto's Fleet Services Division. The contract length and funding will remain unchanged as the approved budget is sufficient to fulfill our requirements through this amendment. City Council approval is required under Municipal Code Chapter 195 Purchasing, where the current request exceeds the Chief Procurement Official's authority of the cumulative five-year commitment for each vendor, under Article 7, Section 195-7.3 (D) of the Purchasing By-Law or exceeds the threshold of $500,000 net of HST allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Fleet Services to increase the scope of non-competitive Blanket Contract Number 47022513 with Strongco Limited Partnership, for the supply and delivery to the City of Toronto (City), proprietary original equipment manufacturer parts and warranty and non-warranty maintenance and repair services to include all vehicle and equipment makes and models for which Strongco Limited Partnership is the sole authorized service provider within the Greater Toronto Area. 2. City Council direct that the term of the contract remain unchanged, having commenced on November 1, 2019, to October 31, 2020, with the option to renew the contract for four (4) additional separate one (1) year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services and subject to the amounts payable under the contract being available under the current Fleet Services budget approval(s). 3. City Council direct that the contract be based on the condition that Strongco Limited Partnership continues to be the exclusive distributor for the proprietary original equipment manufacturer parts and specialized services, as determined with an official, verified letter from the manufacturer.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Procurement Officer, Purchasing and Materials Management recommend that: 1. City Council grant authority to the General Manager, Fleet Services to increase the scope of non-competitive Blanket Contract Number 47022513 with Strongco Limited Partnership, for the supply and delivery to the City of Toronto (City), proprietary OEM (original equipment manufacturer) parts and warranty and non-warranty maintenance and repair services to include all vehicle and equipment makes and models for which Strongco Limited Partnership is the sole authorized service provider within the Greater Toronto Area. 2. The term of the contract will remain unchanged, having commenced on November 1, 2019, to October 31, 2020, with the option to renew the contract for four (4) additional separate one (1) year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services and subject to the amounts payable under the contract being available under the current Fleet Services budget approval(s). 3. The contract will be based on the condition that Strongco Limited Partnership continues to be the exclusive distributor for the proprietary OEM parts and specialized services, as determined with an official, verified letter from the manufacturer.
GL19.17adopted
The purpose of this report is to seek authority from City Council to amend and increase Purchase Order No. 6050803 issued to City Buick Chevrolet Cadillac the authorized dealer for General Motors of Canada Company under the Vendor of Record Number OSS-00634452, for the provision of vehicle acquisitions and up-fitting - Category 1A - General Vehicle Acquisition, for various divisions as part of the Centralized Model. The total Purchase Order Amendment being requested is for an additional amount of $21,577,224 net of Harmonized Sales Tax and all applicable charges ($21,956,983 net of Harmonized Sales Tax recoveries). Should the optional years be extended by the Ministry of Government and Consumer Services for the final year, the General Manager, Fleet Services Division is seeking authority to extend the term to include the second 2nd optional year term from July 1, 2023 to June 30, 2024 for additional vehicle acquisitions and up-fitting, in accordance with the Vendor of Record Number OSS-00634452. The initial term of the Contract is from September 14, 2018 to June 30, 2022 with the option to renew the Contract for two (2) additional separate one (1) year terms. By adopting the manufacturer-direct service delivery model with General Motors of Canada Company under the Vendor of Record Number OSS-00634452 Fleet Services anticipates a total cost avoidance of $6,924,412 will be realized during the contract term, including any optional years. This includes $1,362,060, for Toronto Paramedic Services and Toronto Fire Services as part of this amendment. This agreement also provides considerable efficiency improvements through increasing delivery time by 50-70 percent, which directly supports the reduction of vehicle downtime and state of good repair backlog (SOGR) reduction, resulting in reduced costs and improved service levels.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Fleet Services to amend Purchase Order Number 6050803 by increasing the Purchase Order value by $21,577,224 net of Harmonized Sales Tax and all applicable charges (or $21,956,983 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $17,211,134 to $38,788,358 net of Harmonized Sales Tax and all applicable charges ($39,471,033 net of Harmonized Sales Tax recoveries) and to extend the term of the Purchase Order to include the second optional year team under the provisions of the Vendor of Record Number OSS-00634452, from July 1, 2023 to June 30, 2024, to be exercised at the sole discretion of the General Manager, Fleet Services.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Procurement Officer, Purchasing and Materials Management recommend that: 1. City Council grant authority to the General Manager, Fleet Services to amend Purchase Order Number 6050803 by increasing the Purchase Order value by $21,577,224 net of Harmonized Sales Tax and all applicable charges (or $21,956,983 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $17,211,134 to $38,788,358 net of Harmonized Sales Tax and all applicable charges ($39,471,033 net of Harmonized Sales Tax recoveries) and to extend the term of the Purchase Order to include the second optional year team under the provisions of the Vendor of Record Number OSS-00634452, from July 1, 2023 to June 30, 2024, to be exercised at the sole discretion of the General Manager, Fleet Services.
GL19.18adopted
The purpose of this report is to seek authority for the Executive Director, Corporate Real Estate Management, and the General Manager, Parks, Forestry and Recreation, to amend eleven (11) non-competitive bridging blanket contracts to increase the contract values and to extend the contract expiry dates to May 31, 2021. The cumulative total increase in contract value is $3,950,000, net of Harmonized Sales Tax ($4,019,520 net of Harmonized Sales Tax Recoveries). This is required to ensure continuity of critical inspection and maintenance services related to Heating, Ventilation and Air Conditioning systems, boilers, water chillers, and cooling towers. The Purchasing and Materials Management and Corporate Real Estate Management Divisions intended to issue a corporate procurement solicitation for these services earlier in the year, which was expected to have been awarded prior to the end of 2020. Due to demands associated with the response to COVID-19, this solicitation was delayed. Non-Competitive bridging contracts are being used to provide adequate time for the development and completion of a new competitive procurement reflective of industry best practice for this category, while at the same time ensuring continuity of critical services to maintain City property for City operations. General Government and Licensing Committee approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71, Financial Control, Section 71-11.1.
The General Government and Licensing Committee: 1. In accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorized the Executive Director, Corporate Real Estate Management to amend: a. Non-Competitive Bridging Blanket Contract number 47022674 to extend the expiry date to May 31, 2021 and add $480,000, net of Harmonized Sales Tax ($488,448 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $800,000 to $1,280,000, net of Harmonized Sales Tax ($1,302,528 net of Harmonized Sales Tax Recoveries); b. Non-Competitive Bridging Blanket Contract number 47022686 to extend the expiry date to May 31, 2021, and add $660,000, net of Harmonized Sales Tax ($671,616 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $1,000,000 to $1,660,000, net of Harmonized Sales Tax ($1,689,216 net of Harmonized Sales Tax recoveries); c. Non-Competitive Bridging Blanket Contract number 47022691 to extend the expiry date to May 31, 2021 and add $260,000, net of Harmonized Sales Tax ($264,576 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $740,000 to $1,000,000, net of Harmonized Sales Tax ($1,017,600 net of Harmonized Sales Tax Recoveries); d. Non-Competitive Bridging Blanket Contract number 47022692 to extend the expiry date to May 31, 2021 and add $930,000, net of Harmonized Sales Tax ($946,368 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $920,000 to $1,850,000, net of Harmonized Sales Tax ($1,882,560 net of Harmonized Sales Tax Recoveries); e. Non-Competitive Bridging Blanket Contract number 47023004 to extend the expiry date to May 31, 2021 and add $80,000, net of Harmonized Sales Tax ($81,408 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $100,000 to $180,000, net of Harmonized Sales Tax ($183,168 net of Harmonized Sales Tax Recoveries); f. Non-Competitive Bridging Blanket Contract number 47023005 to extend the expiry date to May 31, 2021 and add $480,000, net of Harmonized Sales Tax ($488,448 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $250,000 to $730,000, net of Harmonized Sales Tax ($742,848 net of Harmonized Sales Tax Recoveries); g. Blanket Contract number 47023006 to extend the expiry date to May 31, 2021 and add $290,000, net of Harmonized Sales Tax ($295,104 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $500,000 to $790,000, net of Harmonized Sales Tax ($803,904 net of Harmonized Sales Tax Recoveries); h. Non-Competitive Bridging Blanket Contract number 47023007 and extend the expiry date to May 31, 2021 and add $150,000, net of Harmonized Sales Tax ($152,640 net of Harmonized Sales Tax recoveries), to the contract, thereby increasing the contract value from $250,000 to $400,000, net of Harmonized Sales Tax ($407,040 net of Harmonized Sales Tax Recoveries); i. Non-Competitive Bridging Blanket Contract number 47023008 to extend the expiry date to May 31, 2021 and add $70,000, net of Harmonized Sales Tax ($71,232 net of Harmonized Sales Tax recoveries), to the contract, thereby increasing the contract value from $150,000 to $220,000, net of Harmonized Sales Tax ($223,872 net of Harmonized Sales Tax Recoveries); and j. Non-Competitive Bridging Blanket Contract number 47022532 to extend the expiry date to May 31, 2021 and add $300,000, net of Harmonized Sales Tax ($305,280 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $600,000 to $900,000, net of Harmonized Sales Tax ($915,840 net of Harmonized Sales Tax Recoveries). 2. In accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorized the General Manager, Parks, Forestry and Recreation to amend Non-Competitive Bridging Blanket Contract number 47022631 to extend the expiry date to May 31, 2021 and add $250,000, net of Harmonized Sales Tax ($254,400 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $550,000 to $800,000, net of Harmonized Sales Tax ($814,080 net of Harmonized Sales Tax Recoveries). 3. In accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), authorized the Executive Director, Corporate Real Estate Management and the General Manager, Parks, Forestry and Recreation to enter into new or amend existing agreements, as required, to implement the authority granted in Parts 1 and 2 above.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, the General Manager, Parks, Forestry and Recreation, and the Chief Procurement Officer recommend that: 1. The General Government and Licensing Committee, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), grant authority to the Executive Director, Corporate Real Estate Management to amend: a. Non-Competitive Bridging Blanket Contract number 47022674 to extend the expiry date to May 31, 2021 and add $480,000, net of Harmonized Sales Tax ($488,448 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $800,000 to $1,280,000, net of Harmonized Sales Tax ($1,302,528 net of Harmonized Sales Tax Recoveries); b. Non-Competitive Bridging Blanket Contract number 47022686 to extend the expiry date to May 31, 2021, and add $660,000, net of Harmonized Sales Tax ($671,616 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $1,000,000 to $1,660,000, net of Harmonized Sales Tax ($1,689,216 net of Harmonized Sales Tax recoveries); c. Non-Competitive Bridging Blanket Contract number 47022691 to extend the expiry date to May 31, 2021 and add $260,000, net of Harmonized Sales Tax ($264,576 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $740,000 to $1,000,000, net of Harmonized Sales Tax ($1,017,600 net of Harmonized Sales Tax Recoveries); d. Non-Competitive Bridging Blanket Contract number 47022692 to extend the expiry date to May 31, 2021 and add $930,000, net of Harmonized Sales Tax ($946,368 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $920,000 to $1,850,000, net of Harmonized Sales Tax ($1,882,560 net of Harmonized Sales Tax Recoveries); e. Non-Competitive Bridging Blanket Contract number 47023004 to extend the expiry date to May 31, 2021 and add $80,000, net of Harmonized Sales Tax ($81,408 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $100,000 to $180,000, net of Harmonized Sales Tax ($183,168 net of Harmonized Sales Tax Recoveries); f. Non-Competitive Bridging Blanket Contract number 47023005 to extend the expiry date to May 31, 2021 and add $480,000, net of Harmonized Sales Tax ($488,448 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $250,000 to $730,000, net of Harmonized Sales Tax ($742,848 net of Harmonized Sales Tax Recoveries); g. Blanket Contract number 47023006 to extend the expiry date to May 31, 2021 and add $290,000, net of Harmonized Sales Tax ($295,104 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $500,000 to $790,000, net of Harmonized Sales Tax ($803,904 net of Harmonized Sales Tax Recoveries); h. Non-Competitive Bridging Blanket Contract number 47023007 and extend the expiry date to May 31, 2021 and add $150,000, net of Harmonized Sales Tax ($152,640 net of Harmonized Sales Tax recoveries), to the contract, thereby increasing the contract value from $250,000 to $400,000, net of Harmonized Sales Tax ($407,040 net of Harmonized Sales Tax Recoveries); i. Non-Competitive Bridging Blanket Contract number 47023008 to extend the expiry date to May 31, 2021 and add $70,000, net of Harmonized Sales Tax ($71,232 net of Harmonized Sales Tax recoveries), to the contract, thereby increasing the contract value from $150,000 to $220,000, net of Harmonized Sales Tax ($223,872 net of Harmonized Sales Tax Recoveries); and j. Non-Competitive Bridging Blanket Contract number 47022532 to extend the expiry date to May 31, 2021 and add $300,000, net of Harmonized Sales Tax ($305,280 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $600,000 to $900,000, net of Harmonized Sales Tax ($915,840 net of Harmonized Sales Tax Recoveries). 2. The General Government and Licensing Committee, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), grant authority to the General Manager, Parks, Forestry and Recreation to amend Non-Competitive Bridging Blanket Contract number 47022631 to extend the expiry date to May 31, 2021 and add $250,000, net of Harmonized Sales Tax ($254,400 net of Harmonized Sales Tax Recoveries), to the contract thereby increasing the contract value from $550,000 to $800,000, net of Harmonized Sales Tax ($814,080 net of Harmonized Sales Tax Recoveries). 3. The General Government and Licensing Committee, in accordance with Section 71- 11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control), grant authority to authorize the Executive Director, Corporate Real Estate Management and the General Manager, Parks, Forestry and Recreation to enter into new or amend existing agreements, as required, to implement the authority granted in Recommendations 1 and 2.
GL19.19adopted
The purpose of this report is to request authority for the City Clerk to negotiate and enter into a non-competitive contract with Kodak Canada ULC and Spicers Canada ULC for the continued supply of proprietary service, support, parts and operator replaceable component consumables for the Kodak Digital NexPress Printer for a five-year period effective January 1, 2021 to December 31, 2025. The total estimated cost for non-competitive contracts with both Kodak Canada ULC and Spicers Canada ULC is $680,253, net of Harmonized Sales Tax and $692,229, net of Harmonized Sales Tax recoveries. City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71, Financial Control, Section 71-11a.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Interim City Clerk to negotiate and enter into an amending agreement with Kodak Canada ULC for the provision of proprietary service, support and parts for the Kodak Digital NexPress Printer, for an additional five (5) year period, beginning January 1, 2021, at an estimated cost of $202,353 net of Harmonized Sales Tax, and $205,917, net of Harmonized Sales Tax recoveries, on the terms and conditions satisfactory to the Interim City Clerk, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Interim City Clerk to negotiate and enter into a non-competitive contract for the purchase of Operator Replaceable Consumables for the Kodak Digital NexPress Printer with Spicers Canada ULC, the exclusive Canadian distributor or subsequent distributor should it change during the contract term, for a period of five (5) years, beginning January 1, 2021, at an estimated cost of $477,900, net of Harmonized Sales Tax, and $486,312, net of Harmonized Sales Tax recoveries, on the terms and conditions satisfactory to the Interim City Clerk, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The Interim City Clerk, City Clerk's Office and the Chief Procurement Officer, Purchasing and Materials Management Division, recommend that: 1. City Council grant authority to the Interim City Clerk, City Clerk's Office to negotiate and enter into an amending agreement with Kodak Canada ULC for the provision of proprietary service, support and parts for the Kodak Digital NexPress Printer, for an additional five (5) year period, beginning January 1, 2021, at an estimated cost of $202,353 net of Harmonized Sales Tax, and $205,917, net of Harmonized Sales Tax recoveries, on the terms and conditions satisfactory to the Interim City Clerk, City Clerk's Office, and in a form satisfactory to the City Solicitor. 2. City Council grant authority to the City Clerk to negotiate and enter into a non-competitive contract for the purchase of Operator Replaceable Consumables for the Kodak Digital NexPress Printer with Spicers Canada ULC, the exclusive Canadian distributor or subsequent distributor should it change during the contract term, for a period of five (5) years, beginning January 1, 2021, at an estimated cost of $477,900, net of Harmonized Sales Tax, and $486,312, net of Harmonized Sales Tax recoveries, on the terms and conditions satisfactory to the Interim City Clerk, City Clerk's Office, and in a form satisfactory to the City Solicitor.