Save Union Station - Background

Background

Toronto City Council decision,. February 6, 2003, concerning Union Station

DEFERRED CLAUSES FROM REPORT NO. 14 OF THE ADMINISTRATION COMMITTEE

Clause No. 1a "Union Station Request for Proposals Status Report on Negotiations With Union Pearson Group (Ward 28 - Toronto Centre - Rosedale)".

The Clause was amended:

(1) in accordance with the recommendations embodied in the communication dated January 29, 2003, from the City Clerk, subject to striking out and replacing Recommendation No. (III), embodied therein, so that the recommendations, as amended, read as follows:

"The Administration Committee recommends:

(I) the adoption of the following Recommendations Nos. (4) and (5) contained in the report (January 22, 2003) from the Commissioner of Corporate Services:

(4) the Public Advisory Group initiated by Councillors Holyday, Sutherland and Ashton be continued to provide public input as part of the ongoing review process for the revitalization of Union Station and be formalized as part of the governance structure for Union Station; and

(5) the retainer of Davies Ward Phillips & Vineberg be continued to complete this transaction with costs, not to exceed $250,000.00, to be paid out of revenues from Union Station;';

(II) that the Commissioner of Corporate Services be requested to release, publicly, all of the RFP submissions and evaluation documentation, subject to the obligations of MFIPPA so that their release will protect the City's financial and public interest; and

(III) that City Council request Mr. Justice Osborne to:

(i) review the full process for developing the Request for Proposal (RFP) terms, the evaluation of the RFP submissions, and the Selection Committee's process for the selection of the preferred proponent in the Union Station RFP, to ensure it has been conducted in a fair and proper manner, based on the criteria established in the RFP;

(ii) review, as a first priority, the disclosure issues regarding the scoring spreadsheets, and provide advice to City Council in that regard, as soon as possible, and in that context, be requested to consult with both the City Solicitor and the Director of Corporate Access and Privacy; and

(iii) review the role of the engineering firm of Marshall Macklin Monaghan in the advice, preparation and distribution of the proposal request, as well as the firm's declarations of interest submitted during this process, having regard that this firm worked with Mr. Tannenbaum's company during construction of the Air Canada Centre."; and

(2) by adding thereto the following:

"It is further recommended that:

(a) the matter of releasing the scoring documents be referred to Mr. Justice Osborne, with a request that he advise City Council as to the proper timing of their release, and that the Commissioner of Corporate Services be requested to report to the Administration Committee:

(i) no later than 60 days on the matter of releasing the scoring documents; and

(ii) with an explanatory document outlining their purpose and methodology, in the event the scoring documents are to be released to the media;

(b) Union Pearson Group and LP Heritage be requested to provide their consent to disclosure of the comparative aspects of the essential elements of their proposals, including the financial and business terms;

(c) prior to entering into a lease agreement with Union Pearson Group, Council hold a public presentation of the detailed development plan and invite public comment, and to do so, all Members of Council and the public be invited to attend the Special Meeting of the Administration Committee;

(d) prior to the consideration of any further proposals of this nature, the Chief Administrative Officer be requested to submit a report to the Administration Committee on the approach and process for the issuance of such proposals, including consideration of the following recommendation:

'That in future proposals of this nature, City staff be directed to bring the proposal specifications to Council, and that at this stage, Council invite public participation in the design of the call, prior to its release to potential proponents.';

(e) the Commissioner of Corporate Services be:

(i) directed to continue, together with appropriate City staff, the preparatory work necessary to redevelop Union Station, in any event;

(ii) requested to provide to Council, in-camera, copies of any declarations of interest from the firms Marshall Macklin Monaghan and Davies Ward Phillips & Vineberg, and/or their employees, and that such information also be forwarded to Mr. Justice Osborne; and

(iii) requested to submit a report to Council, through the Administration Committee, on any involvement by Dale Lastman in providing advice on this project to Kilmer Van Nostrand and/or Borealis, prior to his appointment to the Board of Directors of Borealis, and that such information also be forwarded to Mr. Justice Osborne;

(f) henceforth, any reference to Mr. Justice Osborne which pertains to his role in this review, not allude to him as Provincial Integrity/Ethics Commissioner, having regard that Mr. Osborne will not be conducting his review of this process in that capacity; and

(g) all City staff involved in this process be thanked for their professionalism and diligence."

As a result of media reports related to this matter, Council subsequently adopted the following additional recommendations:

"It is recommended that:

(1) Council convey its sincere apology to the Commissioner of Urban Development Services, and express its full confidence in her professionalism in serving the City of Toronto; and

(2) the Chief Administrative Officer be authorized to release whatever information she deems necessary to provide a complete explanation for the scoring in the evaluation of the Union Station RFP, in order to support and protect the reputation of City staff."