Item - 2014.CC51.8

City Council on May 6, 7 and 8, 2014, adopted the following:

1.                  City Council adopt the following recommendations, as amended, contained in Confidential Attachment 1 to the report (April 29, 2014) from the General Manager, Transportation Services, subject to the confidential instructions issued to staff, and authorize the General Manager, Transportation Services and the City Solicitor to amend the Street Furniture Agreement, on the terms and conditions as set out in Confidential Attachment 1 to the report (April 29, 2014) from the General Manager, Transportation Services, as amended by City Council:

1.           City Council approve amendments to the Street Furniture Agreement to permit creative advertising on transit shelters subject to the following conditions and to the satisfaction of the General Manager, Transportation Services:

a.           Revenue sharing agreement as set out in Section 2.0 of the report (April 29, 2014) from the General Manager, Transportation Services.

b.           Amended Guidelines for Creative Advertising Proposals set out in Attachment 2 of the report (April 29, 2014) from the General Manager, Transportation Services, with Attachment 2 amended by deleting Guideline 6 and replacing it with new a Guideline 6 as follows:

6.         Any interactive devices must be intentionally activated by a person and must not exceed a decibel level of 65db.

c.           A maximum of 5 percent of creative ads on transit shelters with advertising on City streets at any one time and subject to a review for an increased percentage in Year 10.

2.         City Council approve electronic static copy on transit shelters (digital advertising) in the Street Furniture Agreement, subject to the following conditions and to the satisfaction of the General Manager, Transportation Services:

a.           A revenue sharing agreement as set out in Section 3.0 of the report (April 29, 2014) from the General Manager, Transportation Services.

b.           A total up to 120 locations may be permitted until the Year 10 review, as follows:

i.            Year 8 – up to a total of 40 locations;

ii.           Year 9 – up to a total of 80 locations; and

iii.          Year 10 – up to a total of 120 locations.

Provided that the Company is not in default of any of its obligations under the Agreement (including previous years roll-out at 95 percent completion rate of all elements and specified maintenance requirements), the City may permit additional advertising locations up to the maximum permitted annual number as agreed above.

c.           Digital advertising faces to be subject to the following requirements:

i.            Advertisements at a minimum eight second duration with less than one second transition timing; and

ii.           Lighting levels which limit illumination to a maximum of 5000 nits between sunrise and sunset and a maximum of 300 nits between sunset and sunrise.

d.           An additional provision for public service advertising on the digital faces of 4.44 percent to supplement the existing 8.5 percent permitted on static faces.

e.         Provision for a review of the lighting strength and the duration timing after a reasonable period of initial installation of the illuminated signs.

f.            Provision for additional public service messaging in consultation with the Toronto Police Services and the Office of Emergency Management which would be inserted into the digital loop. Amber Alerts to be activated at the discretion of the Toronto Police Services. Other messaging up to two times a year at a rate of an 8 second ad every 3 minutes for a period of 24 hours and related to natural disasters, major winter storms, health, nuclear and hazardous material emergencies.

3.         City Council direct the General Manager, Transportation Services to consider allowing for emergency communication activation, where warranted.

4.         City Council request the General Manager, Transportation Services to brief the Disability Issues Committee on the Street Furniture Program and seek input on implementation of the program, and request the City Solicitor to report to the Disability Issues Committee on whether or not the program meets Provincial AODA guidelines.

5.         City Council request the General Manager, Transportation Services to review the design and specifications for transit shelter ads both digital and creative proposal and ensure that the concerns about public safety and security as informed by Crime Prevention Through Environment Design (CPTED) principles and the Violence Against Women gender-specific concerns as raised by METRAC, and Toronto Transit Commission concerns, are addressed. 

2.         City Council confirm confidential instructions issued to staff during the Closed Session.

3.         City Council authorize the General Manager, Transportation Services to finalize and execute the amending agreement on the terms authorized by Council, and to the satisfaction of the City Solicitor.

4.                  City Council direct that the balance of Confidential Attachment 1 to the report (April 29, 2014) from the General Manager, Transportation Services, not already made public, remain confidential as it contains information which relates to the security of property belonging to the City or one of its agencies or corporations.

The balance of Confidential Attachment 1 to the report (April 29, 2014) from the General Manager, Transportation Services, not already made public, remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the security of property belonging to the City or one of its agencies or corporations.