(Communication dated May 13, 1998, addressed to the Urban Environment and Development Committee, from the City Clerk.)

 Subject:Sidewalk/Boulevard Vending

Recommendations:

The Road Allowance Sub-Committee on May 12, 1998, recommended to the Urban Environment and Development Committee:

(1)the adoption of Recommendation No. (1) of Part A of Appendix 1 embodied in the report (April 24, 1998) of the Interim Functional Lead, Transportation subject to amending part (a) to provide that vending location No. (110) not be deleted, but be adjusted in consultation with the present vendor; and, further, that vending location No. (18) not be deleted until such time as a lottery takes place; so that Recommendation No. (1) shall read as follows:

A(1)(a)that the following vending locations be deleted from the inventory of sidewalk/boulevard vending spaces:

(i)Nos. (7) and (81) listed in Attachment AA@ to the report (January 22, 1998) from the Interim Functional Lead for Transportation; and

(ii)Nos. (12) and (34), identified by the Bloor-Yorkville Business Improvement Area;

(b)that vending location No. (110) listed in Attachment AA@ to the report (January 22, 1998) from the Interim Functional Lead for Transportation not be deleted, but adjusted in consultation with the present vendor; and

(c)that vending location No. (18) listed in Attachment AA@ to the report (January 22, 1998) from the Interim Functional Lead for Transportation not be deleted until such time as a lottery takes place;@;

(2)the adoption of Recommendation No. (3) embodied in the aforementioned report (April 24, 1998) subject to reinstating vending location No. (21), subject to confirmation by the Interim Functional Lead, Transportation, that it is still operating; so that Recommendation No. (3) shall read as follows:

A(3)the vending locations listed in Part B of Appendix 1 to this report be deleted from the inventory of sidewalk/boulevard vending locations located on major arterial roads with the exception of vending location No. (21), such location to be reinstated, subject to the confirmation by the Interim Functional Lead, Transportation, that it is still operating;@;

(3)the adoption of Recommendations Nos. (2) and (6) embodied in the aforementioned report (April 24, 1998);

(4)that Recommendation No. (4) embodied in the aforementioned report (April 24, 1998) be deleted;

(5)that Recommendation No. (5) embodied in the aforementioned report (April 24, 1998) be deleted and the following new Recommendation No. (5) be inserted in lieu thereof:

A(5)the Interim Functional Lead, Transportation, be requested to give the Bloor Street West area from Spadina Avenue to Bathurst Street special attention with regard to vending enforcement;@;

(6)that the Bloor-Yorkville BIA be given special attention by by-law enforcement officers;

(7)that the existing contractual arrangements respecting the former City of Toronto and the former Metro road vending locations be confirmed;

(8)that the Interim Functional Lead, Transportation, be requested to:

(a)conduct a lottery as soon as possible to award the former Metro road vending locations, as well as the new sites identified within the Club/Entertainment District;

(b)review illegal vending within the Entertainment District to assist in determining where vending spots will be located;

(c)submit a report to the Road Allowance Sub-Committee:

(i)on how the former City of Toronto vending locations will be brought into the lottery system upon the expiry of the existing contracts;

(ii)on appropriate new rules for the Club/Entertainment District after 11:00 p.m. and identify a number of legal vending locations for the Club/Entertainment District which conform to the new rules;

(iii)as soon as possible, on controlling vending on private property;

(iv)on the establishment of a committee of vendors to assist staff in determining vending locations;

(v)on a system of photo-identification for vendors;

(vi)on the issue of vendors hiring assistants;

(vii)on establishing different categories of vending locations at different rates.

Background:

The Road Allowance Sub-Committee had before it a report (April 24, 1998) from the Interim Functional Lead, Transportation, advising that in order to provide viable vending locations and to avoid conflicts with area businesses, it is necessary to update the vending site inventory list; that the list was last updated in 1995; that in addition, it is necessary to provide a fair process for finding a replacement vending site if there is a final decision to eliminate those vendors displaced as a result of the inventory update; further advising that a review was carried out in the Bloor Street area and supports a vending prohibition on Bloor Street West between Bathurst Street and Spadina Ave; and recommending that:

(1)the Road Allowance Sub-Committee review the recommendations to delete sites outlined in Recommendation No. (1) of Part A of Appendix 1;

(2)Recommendations Nos. (2), (3), (4), (5), (6), and (7) from the Road Allowance Sub-Committee as outlined in Part A of Appendix I to this report be approved;

(3)the vending locations listed in Part B of Appendix 1 to this report be deleted from the inventory of sidewalk/boulevard vending locations located on major arterial roads;

(4)the former Metro road vending locations currently vacant and any new sites established on major arterial roads prior to the new process being implemented be offered to vendors in the order their name appears on the vendor reserve list;

(5)all vending be prohibited on Bloor Street West (both sides) between Bathurst Street and Spadina Avenue; and

(6)the appropriate by-laws be amended accordingly.

The Sub-Committee also had before it a communication (March 12, 1998) from the City Clerk advising that City Council on March 4, 5, and 6, 1998, during consideration of Clause No. 3 of Report No. 2 of The Urban Environment and Development Committee, headed, AVending on Major Arterial Roads (Former Metro Roads)@, directed that the aforementioned Clause be struck out and referred back to the Urban Environment and Development Committee for further consideration in the total perspective of all of the by-laws from the former area municipalities.

The Sub-Committee also had before it a petition, submitted by Councillor John Adams, Midtown, signed by 36 business owners and operators on Bloor Street West requesting that City Council endorse a by-law prohibiting sidewalk and curbside vending on Bloor Street West, from Bathurst Street to Madison Avenue.

The following persons appeared before the Road Allowance Sub-Committee in connection with the foregoing matter:

-Mr. Abbas Eskandari, Toronto, Ontario;

-Mr. Mohammad Gandehary, Toronto, Ontario, and filed a written submission;

-Mr. John Chronopoulous, Toronto, Ontario;

-Mr. Amo Blazys, Toronto, Ontario;

-Mr. Steve Mavros, Toronto, Ontario;

-Mr. Peter Bougadis, Toronto, Ontario;

-Ms. Joanne Malinowska, Etobicoke, Ontario;

-Mr. James Robinson, Toronto, Ontario;

-Mr. Peter Karopoulos, Toronto, Ontario;

-Mr. Fred Heyward, Toronto, Ontario;

-Ms. Pat Vavaroutos, Toronto, Ontario;

-Mr. Abdul Rasoul Konoi, Toronto, Ontario; and

-Ms. Sophia Alexopoulos, Toronto, Ontario.

Attachment

c.Interim Functional Lead, Transportation

Ms. Wendy Walberg, Toronto Legal

Councillor John Adams - Midtown

Mr. Abbas Eskandari, Toronto, Ontario

Mr. Mohammad Gandehary, Toronto, Ontario

Mr. John Chronopoulous, Toronto, Ontario

Mr. Amo Blazys, Toronto, Ontario

Mr. Steve Mavros, Toronto, Ontario

Mr. Peter Bougadis, Toronto, Ontario

Ms. Joanne Malinowska, Etobicoke, Ontario

Mr. James Robinson, Bloor-Yorkville BIA, Toronto, Ontario

Mr. Peter Karopoulos, Toronto, Ontario

Mr. Fred Heyward, Toronto, Ontario

Ms. Pat Vavaroutos, Mississauga, Ontario

Mr. Abdul Rasoul Konoi, Toronto, Ontario

Ms. Sophia Alexopoulos, Toronto, Ontario

Mr. Alex Moghaddam, Toronto, Ontario

Mrs. Dobruska Kapustova, Toronto, Ontario

Mr. Puitak Loung, Toronto, Ontario

(Report dated April 24, 1998, addressed to the Road Allowance Sub-Committee, from the Interim Functional Lead, Transportation.)

 Purpose:

 To amend the site inventory list for vending on major arterial roads (former Metro Roads); and to designate Bloor Street West (both sides) between Bathurst Street and Spadina Avenue as an area where vending is prohibited.

 Funding Sources, Financial Implications and Impact Statement:

 No financial implications.

 Recommendations:

 It is recommended that: (1)the Road Allowance Sub-Committee review the recommendations to delete sites outlined in Recommendation 1 of Part A of Appendix 1;

(2)Recommendations Nos. (2), (3), (4), (5), (6), and (7) from the Road Allowance Sub-Committee as outlined in Part A of Appendix 2 to this report be approved;

(3)the vending locations listed in Part B of Appendix 1 to this report be deleted from the inventory of sidewalk/boulevard vending locations located on major arterial roads;

(4)the former Metro road vending locations currently vacant and any new sites established on major arterial roads prior to the new process being implemented be offered to vendors in the order their name appears on the vendor reserve list;

(5)all vending be prohibited on Bloor Street West (both sides) between Bathurst Street and Spadina Avenue; and

(6)the appropriate by-laws be amended accordingly.

Council Reference/Background/History:

On March 4, 5 and 6, 1998, City Council struck out and referred back to the Urban Environment and Development Committee Clause No. 3 of Report No. 2 of The Urban Environment and Development Committee, headed AVending on Major Arterial Roads (Former Metro Roads)@, for further consideration Ain the total perspective of all the by-laws from the former Area Municipalities@. In doing so, Council amongst other things directed that all existing vending permits from the former municipalities be continued on a month-to-month basis until such time as a new City-wide policy is in place.

In addition, business owners and operators in the Bloor Street West area have requested by letter and a petition to Councillor John Adams, that City Council approve a by-law prohibiting sidewalk and curbside vending on Bloor Street West, between Bathurst Street and Madison Avenue.

Discussion:

In keeping with Council=s request to operate month-by-month until there is a single by-law for the selection of locations in the City, there are a number of housekeeping matters which must be dealt with:

(1)Amendments to Site Inventory:

In the report (January 22, 1998) from the Interim Functional Lead of Transportation to the Urban Environment and Development Committee as contained in the aforementioned Clause No. 3 of Report 2 of The Urban Environment and Development Committee, it was recommended that the vending locations listed in Parts I, II, III and IV of the Attachment AA@ to that report be deleted from the current inventory of sites. These sites were found to be in conflict with current vending criteria and/or had frequent turnover and/or were found to be dormant for a long period of time. The Urban Environment and Development Committee at its meeting on February 9, 1998, after hearing deputations on these matters recommended to Council the deletion of sites listed in Parts II, III and IV. Part I of the report was referred back to the Road Allowance Sub-Committee for further review and hearings.

The members of the Road Allowance Sub-Committee and Transportation Department staff carried out a site inspection of the vending locations listed in Part I of Attachment AA@ and hearings were held on February 27, 1998, regarding deletion or relocating of these sites.

Following the hearing, the Road Allowance Sub-Committee on February 27, 1998 recommended a variety of changes to the sites listed in Part I as well as change to other sites not contained in the Attachment AA@. Recommended changes to sites listed in Parts II, III and IV as well as the proposed changes to Part I and other sites are consolidated into Appendix 1 to this report.

At the present time there are six vendors currently operating at the six sites, Nos. (7), (12), (18), (34), (81) and (110) recommended for deletion by the Road Allowance Sub-Committee at its meeting on February 27, 1998, as listed in Recommendation 1 Part A of Appendix 1. In view of the Council decision to continue current vendors on a month-to-month basis as an interim arrangement, it is suggested that the Sub-Committee reconsider its earlier decision to eliminate these sites at this time. If the final decision is to delete these six sites it would be appropriate that the names of these vendors be placed at the top of the vending reserve list in the same order they were selected during the 1995 lottery. Vending locations currently vacant and any new sites established prior to the approval of a new process will be offered to those vendors with their name on the reserve list in the order their name appears on the list.

(2)Vending Prohibition on Bloor Street West:

A letter of complaint from Mr John Chronopoulos, 398 Bloor Street West, accompanied by a petition from other business owners and operators in the Bloor Street West area (Appendix 2) was received from Councillor John Adams requesting that staff examine the area of Bloor Street West, Bathurst Street to Madison Avenue for the prohibition of vending and report on the matter. Madison Avenue is one block east of Spadina Avenue.

Staff have completed a survey of Bloor Street West between Bathurst Street and Spadina Avenue identifying thirty-two businesses selling products similar to those sold by street vendors, in particular, ice cream products. Twenty businesses are situated on the north side of the street and twelve on the south side.

Since a legal vendor already exists on Bloor Street West between Spadina Avenue and Madison Avenue and no designated spaces exist between Bathurst Street and Spadina Avenue, it is recommended a prohibition be implemented between Bathurst Street and Spadina Avenue.

Conclusions:

In order to provide viable vending locations and to avoid conflicts with area businesses, it is necessary to update the vending site inventory list. The list was last updated in 1995. In addition, it is necessary to provide a fair process for finding a replacement vending site if there is a final decision to eliminate those vendors displaced as a result of the inventory update.

A review was carried out in the Bloor Street area and supports a vending prohibition on Bloor Street West between Bathurst Street and Spadina Ave.

Contact Name:

Mr. Romualdo D=Ippolito, Toronto Transportation, Metro Hall Office, Road Allowance Control Section, Phone No. 392-5371, Fax No. 392-9317 - E-mail address: Romualdo_D=Ippolito@Metrodesk.Metrotor.on.ca

Appendix 1A.Recommendations of the Road Allowance Sub-Committee pertaining to sites listed in Part 1 of Attachment AA@ to Clause 3 of Report No. 2 of the Urban Environment and Development Committee.

(1)the following vending locations be deleted from the inventory of sidewalk/boulevard vending spaces:

(a)Nos. (7), (18), (81) and (110) listed in Attachment AA@ to the report (January 22, 1998) from the Interim Functional Lead for Transportation; and

(b)Nos. (12) and (34), identified by the Bloor-Yorkville Business Improvement Area;

(2)vending location No. (17) listed in Attachment AA@ to the aforementioned report be moved east so that it is positioned between the two windows of the GAP store;

(3)vending location No. (19), identified by the Bloor-Yorkville Business Improvement Area, not be deleted from the inventory of sidewalk boulevard vending spaces;

(4)vending location No. (50), identified by the Bloor-Yorkville Business Improvement Area, not be deleted; and, further, that the Interim Functional Lead for Transportation, in consultation with officials from the Royal Ontario Museum (ROM), be requested to move the site to a more suitable location in front of the ROM;

(5)The Interim Functional Lead for Transportation be requested to:

(a)identify vending location No. (35) listed in Attachment AA@ to the aforementioned report, as a site for possible deletion during 1998 and notify potential vendors thereof; and

(b)meet with representatives from Hammerson Canada Inc. with a view to incorporating a vending site within the redesign of the streetscape;

(6)the Interim Functional Lead for Transportation and Members of the Urban Environment and Development Committee be requested to work with members of the Bloor-Yorkville BIA in order to develop a streetscape which would accommodate vendors in a manner compatible with the ambiance desired in the area; and

(7)the Interim Functional Lead for Transportation be requested to review the rules as they apply to the Club/Entertainment District with a view to establishing specific rules for that District which would address the needs and criteria of the area; and further, that stringent enforcement be provided within the District.

B.Sites in Part II, III and IV in Attachment AA@ to Report No. 2 of the Urban Environment and Development Committee, are on file in the office of the City Clerk.

(A copy of Appendix 2 and the Petition referred to in the foregoing report was forwarded to all Members of Council with the Agenda for the May 12, 1998, meeting of the Road Allowance Sub-Committee, and a copy thereof is on file in the office of the City Clerk.)