Agenda

The Agenda and related materials for this meeting are enclosed. The details of the meeting are noted at the top of the Agenda.

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The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

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Closed Meeting Requirements: If Council wants to meet in closed session (privately), a member of Council must make a motion to do so and give the reason why Council has to meet privately (City of Toronto Act, 2006).

April 28, 2016

toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

Deferred Committee Items:

Executive Committee Item EX13.2

Board of Health Item HL7.6

Public Works and Infrastructure Committee Item PW11.4

Report of the Executive Committee from Meeting 14 on April 18, 2016

Councillor Paula Fletcher has submitted the following Administrative Inquiry:

"I am submitting this administrative inquiry under Municipal Code S27-61 to seek information on the following motion at Budget Committee:

244. City Council direct that the 2016 Preliminary Operating Budget be reduced by a total of $1.263 million for all City Agencies, excluding the Toronto Police Service and the TTC, and $9.954 million for City Programs with savings to be realized from a spending freeze on discretionary expenditures, including but not limited to business travel; conferences, consulting contracts; purchase of equipment, furniture, supplies; advertising, promotion and production of materials except where it is critically required for service delivery; and that the City Manager be delegated the authority to allocate these reductions to Agencies and City Programs, having regard for whether the Agency or City Program met the 2016-2017 budget target.

I am requesting answers and information on the following:

1. How did you arrive at the $11.217 million total and what was the process used to determine the specific dollar amounts for each agency and program?

2. A list of agencies earmarked for these reductions along with the specific dollar amount for each agency in the total amount of $1.263 million.

3. A list of departmental and division reductions, by program, in the total amount of $9.954 million.

4. On what basis were the Toronto Police Services and the TTC excluded?

5. What is the surplus for Q1 and how is it being allocated?"

The Executive Committee recommends that:

1.  City Council enact amendments to Toronto Municipal Code, Chapter 140, Lobbying, as outlined in Attachment 1 to the report (February 23, 2016) from the City Manager, that will:

a.  require that consultant lobbyists disclose their ultimate client.

b.  enable the Lobbyist Registrar to impose conditions for registration, continued registration or renewal of registration against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying, as permitted by section 166 of the City of Toronto Act, 2006.

c.  enable the Lobbyist Registrar to impose a temporary ban against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying from communicating with public office holders for a specified period of time, as permitted by section 166 of the City of Toronto Act, 2006.

This report responds to Executive Committee's request to undertake consultation on proposed amendments to the City’s Lobbying By-law and report further including results from jurisdictional research.  Executive Committee also asked for clarification of whether requests for meetings with Councillors or their staff resulted in actual meetings or phone calls.

The proposed amendments to the Lobbying By-law include:

-  Require lobbyists to disclose their ultimate client;

-  Enable the Lobbyist Registrar to impose conditions for registration pursuant to the City of Toronto

Act, 2006 after a breach of the Lobbying By-law; and

-  Enable the Lobbyist Registrar to impose a temporary ban on lobbying activities pursuant to the City of Toronto Act, 2006 after a breach of the Lobbying By-law.

The City Manager's Office, in consultation with the Lobbyist Registrar, completed research on twelve Canadian jurisdictions and implemented a public consultation process on the proposed amendments including an online survey, direct email and a public meeting.  The results of the jurisdictional research and public consultation were considered in the preparation of this report.

Disclosure of Ultimate Client

This report recommends that the City’s Lobbying By-law be amended to require lobbyists to disclose their ultimate client.  Notwithstanding that the jurisdictions reviewed do not require this disclosure in their lobbying legislation; it is appropriate in Toronto’s complex lobbying context.

The Federal Lobbyist Registry and Toronto Lobbyist Registry have both identified a recent trend of lobbying firms sub-contracting consultant lobbyists to undertake lobbying for a specific client.  This trend undermines the fundamental purpose of a lobbying regime, which is that lobbying is a legitimate activity but must be transparent in order that the public knows who is lobbying whom.  A requirement for consultant lobbyists to disclose their ultimate client will address this issue; and enhance transparency and accountability.

Enhanced Tools to Enforce the City's Lobbying By-law

This report recommends amendments to the Lobbying By-law to enable the Lobbyist Registrar to impose conditions for registration and a temporary ban on a lobbyist who has breached the Lobbying By-law.  These amendments provide a fair, escalating continuum of tools to the Lobbyist Registrar to enforce the City's Lobbying By-law.  This continuum provides preventative measures such as training and compliance plans for minor, incidental infractions of the by-law to more punitive measures (escalating temporary ban) for serious, repetitive and egregious breaches. 

Conditions for Registration

This amendment will formalize the tools (including training and compliance plans) the Lobbyist Registrar uses to encourage compliance after a minor or incidental breach of the by-law and enable their enforcement.  The City of Toronto Act, 2006 enables the Lobbyist Registrar to impose conditions on a registration. Toronto will be the first jurisdiction in Canada to include this authority in its lobbying legislation.

Temporary Ban

Many jurisdictions in Canada enable their Lobbyist Registrars/Commissioners to impose a temporary ban on lobbying for breaches to their lobbying legislation.  The time lines for a temporary ban proposed for Toronto are generally consistent with other jurisdictions. The public consultation process identified concerns about procedural fairness with respect to temporary ban.  A process for procedural fairness when the Lobbyist Registrar imposes a temporary ban on lobbying has been included in the recommended by-law amendment.

Legislative Changes

City Council recently requested amendments to the City of Toronto Act, 2006 to extend the time line for the Lobbyist Registrar to pursue charges under the Provincial Offences Act for breaches of the Lobbying By-law from 6 months to two-years and provide authority to the Lobbyist Registrar to impose administrative monetary penalties (AMPs).  These legislative changes will also provide the Lobbyist Registrar with a range of tools within an escalating regulatory regime based on the facts of the case and seriousness of the breach.

Clarification of Registration for Requests to Meet

The Lobbyist Registry is currently not able to distinguish whether a request for a meeting with a Councillor or their staff actually occurred.  The Lobbyist Registrar has included this request for consideration in the business analysis of its 2016 Information Technology State of Good Repair (SOGR) project to update and improve the lobbyist registry system.

The Board of Health recommends that:

1.  City Council direct that when the new biosolids facility is built at the Highland Creek Treatment Plant that:

a.  All risk management measures that were assumed during the Health Impact Assessment and listed in Attachment 7 to the report (October 7, 2015) from the Medical Officer of Health are implemented; and

b.  Route 4, as described in Attachment 1 (October 7, 2015) from the Medical Officer of Health, is implemented as the preferred truck transport route.

The Highland Creek Treatment Plant (HCTP) is located in southern Scarborough in an industrial area, close to the waterfront trail, parkland, and residential areas. As part of the wastewater treatment process, biosolids are currently being managed by two 38-year old multiple hearth incinerators; however, the incinerators are coming to the end of their service life. To support the decision to replace the incinerators, Toronto Water initiated a Schedule "B" Municipal Class Environmental Assessment (Class EA) to identify the best approach for biosolids management that will replace the multiple hearth incinerators. This process is required by the Ontario Ministry of the Environment and Climate Change. Toronto Water requested that Toronto Public Health (TPH) lead a Health Impact Assessment (HIA) as part of the EA process.

The HIA examined the potential for the proposed biosolids management alternatives to affect a number of health determinants in the study area. Overall, the health impacts associated with the alternatives are very small and the differences among the alternatives do not result in appreciable differences in health impacts. All alternatives evaluated achieve significant reductions in air emissions compared to the current multiple hearth incinerators. However, among the three alternatives, modern fluidized bed incineration (Alternative 1) is anticipated to result in the highest releases of air pollutants, and the beneficial use alternative and haulage of biosolids off-site (Alternative 2) and on-site pelletizer and haulage off-site (Alternative 3) are expected to increase risks related to traffic (namely, safety, odour and noise).

The HIA also examined the potential health impacts along two short-listed proposed traffic routes as all three alternatives involve some trucking of materials off-site.  Compared to Route 1 (along Morningside Ave), Route 4 (along Port Union Rd) had lower predicted impacts on the community in relation to pedestrian safety, noise and vulnerable populations. These potential equity impacts should be taken into account when selecting the preferred transportation route.

The report outlines measures that reduce the health impacts of the new biosolids management strategy for HCTP on the community.

The Public Works and Infrastructure Committee recommends that:

1.  City Council receive the "Executive Summary of the Highland Creek Wastewater Treatment Plant Biosolids Schedule B Class Environmental Assessment Study" appended to the report (February 9, 2016) from the General Manager, Toronto Water as Attachment 1.

2.  City Council endorse the recommendations of the Environmental Assessment Study appended to the report (February 9, 2016) and request the General Manager, Toronto Water to finalize the Environmental Study Report for the Highland Creek Wastewater Treatment Plant Biosolids Class EA and submit it to the Ontario Ministry of the Environment and Climate Change for the obligatory 30 day public review period in accordance with the requirements of the Environmental Assessment Act.

3.  Subject to the completion of the Class EA process for the Highland Creek Wastewater Treatment Plant Biosolids Class Study, City Council authorize the General Manager, Toronto Water to proceed to undertake the detailed design and construction of the preferred option.

This report seeks Council approval of the recommendations contained in the Highland Creek Treatment Plant (HCTP) Schedule B Class Environmental Assessment (EA) on the future long-term biosolids management strategy for the facility.  

The study is a detailed assessment of health, environmental, community and cost impacts of three short listed biosolids management options and recommends the replacement of the existing 40-year old incinerators at the HCTP with current state of the art incinerators and emissions scrubbing technology.  The study concludes that:

- all three alternatives have very small overall health impacts and there are no appreciable health impact differences between each of the alternatives;

- all three alternatives achieve notable reductions in health risks related to inhalation and multi-media exposure (due to air emissions) compared to the existing situation;

- all three alternatives achieve significant reductions in air emissions (based on air quality modelling of 43 chemicals of concern) with modern state of the art incineration being the lowest emitter of Green House Gas (GHG);

- new state of the art incinerators has the lowest noise, odour and traffic impact on the community and has the greatest public support within the community (Wards 43 & 44) surrounding the facility; and

- new state of the art incinerators has the lowest capital and operating costs – and therefore lowest life-cycle cost of the three options. 

The Request for Proposals (RFP) for this study was developed with the input of Toronto Public Health (TPH) and the Toronto Energy and Environment Division (EED).   TPH wrote the terms of reference and led the development of the Health Impact Assessments for the alternatives under study.  The EED wrote the requirements for Cumulative Impact Assessment regarding air emissions incorporating the City's in-house developed air model.

The Board of Health forwards its decision to the Public Works and Infrastructure Committee to coincide with the Committee's consideration of the report from the General Manager, Toronto Water on the Highland Creek Treatment Plant Schedule B Class Environmental Assessment.

The Board of Health also recommended that:

1.  City Council direct that when the new biosolids facility is built at the Highland Creek Treatment Plant that:

a.  All risk management measures that were assumed during the Health Impact Assessment and listed in Attachment 7 to the report (October 7, 2015) from the Medical Officer of Health are implemented; and

b.  Route 4, as described in Attachment 1 (October 7, 2015) from the Medical Officer of Health, is implemented as the preferred truck transport route.

The Executive Committee recommends that:

1.  City Council receive the report (April 1, 2016) from the City Manager for information.

In June 2015, the Truth and Reconciliation Commission of Canada released its Calls to Action report. The report listed 94 Calls to Action that the Truth and Reconciliation Commission wants enacted in order to redress the legacy of residential schools.

As requested by City Council, the Equity, Diversity and Human Rights Division (EDHR), in consultation with the Aboriginal Affairs Advisory Committee (AAAC), has identified eight Calls to Action that recognize the role of municipalities. These eight Calls to Action are related to health, reconciliation, professional development and training, museum and archives, National Centre for Truth and Reconciliation, commemoration, sports and reconciliation and newcomers to Canada.

This report outlines the progress made by the City, in partnership with the Aboriginal Affairs Advisory Committee, in implementing the relevant eight Calls to Action.

The Executive Committee recommends that:

1.  City Council request the Province of Ontario to amend Section 134(1) and (2) of the Highway Traffic Act to permit alternatives to police officers, such as special constables, peace officers, municipal officers, and other authorized officials, to direct traffic and close highways.

2.  City Council request the Province of Ontario to amend Ontario Traffic Manual Book 7 Temporary Conditions to remove language that states that paid duty officers must be used to control traffic within 30 metres of an intersection with active signals.

3.  City Council request the Toronto Police Services Board to develop guidelines for paid duty policing in consultation with the appropriate City officials to align the guidelines with City permit requirements, and with consideration of suggestions made by special event organizers to reduce costs and improve service set out in Attachment A to the report (April 4, 2016) from the City Manager, and report to Executive Committee on the outcome.

4.  City Council request the Toronto Police Services Board and the General Manager, Transportation Services, in consultation with the Toronto Police Service, to enter into a new Memorandum of Understanding regarding guidelines for traffic control during road occupancy before the end of the second quarter of 2016.

City Council has directed City staff, and requested the Toronto Police Services Board (TPSB), to explore alternative models for the delivery of traffic control services provided by police officers on paid duty. Further, City Council has directed staff to consult with special event organizers and Business Improvement Associations (BIAs) on their use of paid duty services. This report provides an update on these efforts, as well as other initiatives related to paid duty services.

Consultations have been held with provincial officials to determine whether there are any legislative barriers to using special constables appointed by the Toronto Police Services Board to engage in traffic direction and to explore other legislative changes that could enable other persons to be authorized to conduct active traffic direction. This report recommends amendments to the Highway Traffic Act (HTA) and Provincial traffic guidelines to enable the use of alternative models.

Special event organizers were also consulted on means to reduce paid duty costs and improve service delivery. This report recommends that Toronto Police Services Board and Toronto Police Service consider suggestions made by this end user group in the development of guidelines for paid duty. It is also recommended that Toronto Police Service consult with City staff and enter into a new Memorandum of Understanding to carry out paid duty requirements for the City.

The Executive Committee recommends that:

1.  City Council implement the general annual salary range increases, representing cost of living adjustments, for Management/Non-union employees and Accountability Officers employed in the Toronto Public Service, as follows:

2.  City Council amend the Active Benefits Plan for Management/Non-union employees, Accountability Officers and Elected Officials, effective January 1, 2017, as outlined in Appendix A to the report (March 31, 2016) from the City Manager.

3.  City Council amend the Pre-65 Retiree Benefit Plan for Management/Non-union employees and Accountability Officers, where applicable, for employees who retire on or after January 1, 2017, as outlined in Appendix A to the report (March 31, 2016) from the City Manager.

4.  City Council authorize staff to transfer funding from the 2016 Approved Non-Program

Expenditure budget to the respective 2016 Approved Operating Budget for City Programs, including Toronto Public Health, to provide the necessary funding to implement these recommendations for 2016 and instruct staff to prepare future year budgets accordingly.

The Executive Committee recommends that:

1.  City Council adopt the City of Toronto Social Procurement Program summarized in Appendix A to the report (April 4, 2016) from the Executive Director, Social Development, Finance and Administration and the Treasurer, together with the Social Procurement Policy detailed in Appendix B to the report (April 4, 2016) from the Executive Director, Social Development, Finance and Administration and the Treasurer.

2.  City Council direct the City Manager to work with all City division heads to collaboratively implement the City of Toronto Social Procurement Program.

3.  City Council request the City Agencies and City Corporations to develop and implement similar programs and policies.

4.  City Council direct the City Manager to develop a Social Procurement Communications Plan.

5.  City Council request the Treasurer and the Executive Director, Social Development, Finance and Administration to report back to Executive Committee in May of 2017 with an interim progress report with specific measured achievements to date.

6.  City Council request the Treasurer and the Executive Director, Social Development, Finance and Administration to report back to Executive Committee in 2018 on the progress of the City of Toronto Social Procurement Program, including:

a.  an analysis of the system-wide costs and benefits of the Program; and

b.  an analysis of the presence of supplier diversity policies in the City's supply chain, and the implications of requiring bidders and proponents to have a supplier diversity policy in order to do business with the City of Toronto.

The Executive Committee recommends that:

1.  City Council request the General Manager, Economic Development and Culture, in consultation with the Deputy City Manager and Chief Financial Officer, to report to Executive Committee in the fall of 2016, on options and recommendations for bringing the loan repayments of the Theatre Centre into compliance with the terms and conditions of a $1 million capital loan guarantee provided by the City.

2.  City Council request the Board of Governors of Exhibition Place, in consultation with the Deputy City Manager and Chief Financial Officer, to report to Executive Committee in the fall of 2016, on options and recommendations for the Board to maintain the long term sustainable repayment of the loan for the Conference Centre based upon a revised business plan and/or other such measures.

3.  City Council request the City Manager and the Deputy City Manager and Chief Financial Officer to report in the fall of 2016 with a revised loan amortization schedule for the Leaside Memorial Gardens Arena Board or other remedy measures to reconcile any remaining previous year end operating deficits in accordance with the loan agreement.

The Board of Health recommends that:

1.  City Council grant authority to the Medical Officer of Health to enter into agreements totalling $9,992,366 with the Angel Foundation for Learning ($2,492,719) and the Toronto Foundation for Student Success ($7,499,647) to administer the 2016 approved municipal funding to eligible student nutrition programs across the City of Toronto; and

2.  City Council grant authority to the Medical Officer of Health to take the necessary action to give effect to Recommendation (1), including the execution of legal agreements with the Angel Foundation for Learning and the Toronto Foundation for Student Success on behalf of the City.

This report outlines recommendations for the 2016 Student Nutrition Program service subsidy allocations.  The proposed combined allocations to the Angel Foundation for Learning and the Toronto Foundation for Student Success total, $9,992,366 including $104,200 held in reserve for appeals/late applications.

Parks, Forestry and Recreation (PFR) is two and a half years into the five year mandate of the 2013-2017 Recreation Service Plan (the Plan).  The purpose of this report is to update Community Development and Recreation Committee on the status of the implementation of the recommended actions outlined in the Plan.  It also responds to direction from City Council and Community Development and Recreation Committee to report back with an update on the Youth Space Advisory Committee, Youth Outreach Strategy and evaluation of the Enhanced Youth Spaces Program (CD31.9) as well as the current status, progress and cost-sharing aspects of the After-School Recreation (ARC) Program and the status and potential roll out of the Community Leadership After-School Programs (CD3.3).  While these were not initiatives specifically recommended in the Plan, they align with the overall objectives of increasing participation in recreation, decreasing financial barriers and improving local and geographic access.

Parks, Forestry and Recreation has advanced 24 out of the 27 recommended actions contained in the Plan.  This report provides a summary of the progress made in advancing the Plan’s four guiding principles: Quality; Capacity Building; Inclusion and Equitable Access.

The Community Development and Recreation Committee recommends that:

1.  City Council amend the 2016 - 2025 Council-approved Capital Plan for Children’s Services by adding 10 new projects listed in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services, with a total cost of up to $26.90 million, with $21.25 million funded from the Child Care Capital Reserve Fund, and  $5.65 million from Development Charges Reserve Fund - Child Care.

2.  City Council express its intent to fund the projects listed in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services to the extent allowable from current and future development charges.

3.  City Council authorize the General Manager, Children’s Services to enter into funding and development agreements with the Toronto District School Board, the Toronto Catholic District School Board and the Toronto Community Housing Corporation, in a form satisfactory to the City Solicitor, to fund the construction of new child care spaces at the locations identified in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services; and to pursue agreements that protect the City's capital investment in child care by requiring lease terms that ensure security of tenure for child care operators that is commensurate with the level of capital investment.

This report seeks approval to allocate funding from the Child Care Capital Reserve Fund and the Development Charge Reserve Fund to support the creation of 464 new child care spaces in 10 locations (Appendix A), in alignment with principles and targets outlined in the Children's Services 2015-2019 Service Plan and Capital Strategy.

The report also provides an update on the spaces built under the Schools-First Child Care Capital Retrofit Policy (Appendix B) and provides details on the locations and spaces to be created through the New Construction of Child Care program (Appendix C), with both capital programs fully funded by the Province.

The Community Development and Recreation Committee recommends that:

1.  City Council approve the City’s response to the proposed regulatory changes attached as Appendix A to the report (March 30, 2016) from the General Manager, Children's Services and the General Manager, Parks, Forestry and Recreation.

2.  City Council forward the response to the Premier of Ontario, Minister of Education, and all Toronto Members of Provincial Parliament.

This report transmits the City of Toronto's response (Appendix A) to the Province of Ontario on 2016 proposed regulatory changes under the Child Care and Early Years Act, 2014 and the Education Act.  Proposed regulatory changes were posted for consultation on February 1, 2016. Children's Services and Parks, Forestry and Recreation consulted with a broad range of community partners and parents in developing this response.

The Ministry of Education accepted feedback on the proposed regulatory changes until April 1, 2016. The attached response was submitted in draft form to meet the deadline, with a provision that a final response would be submitted following City Council's consideration.

The Community Development and Recreation Committee recommends that:

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

a.  enter into a new two-year service agreement with the Inner City Family Health Team to provide behavioural and occupational therapy, counselling and other community based rehabilitation to clients participating in the Bridges to Housing project. The maximum amount of the agreement shall not exceed $260,000; and

b.  enter into a new two-year service agreement with Community Living Toronto to provide staffing and the appropriate administrative support to the Bridges to Housing project. The maximum amount of the agreement shall not exceed $138,080.

2.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration to enter into a service agreement and/or related agreement(s), on terms and conditions satisfactory to the City Solicitor, with the Ministry of Community and Social Services or related entity necessary for receipt of funding over a two year period for the Bridges to Housing Project.

3.  City Council amend the 2016 Approved Operating Budget for Shelter, Support and Housing Administration by $484,868 gross, $0 net, with a complement increase of 2 temporary full-time equivalents (FTE), to allow for the receipt and allocation of the Provincial funding dedicated to the Bridges to Housing project.

Shelter, Support and Housing Administration (SSHA), along with a select group of partnering agencies, have received approval for Provincial funding by the Ministry Community and Social Services under its Developmental Services Housing Task Force.

The City has been approved a total of $964,736 over a twenty four month period, to be used for the Bridges to Housing project. This project will provide housing with supports to 25 homeless individuals with developmental disabilities.

This report seeks City Council approval to enter into agreements and adjust the 2016 Approved Operating Budget for SSHA by an increase of $484,868 gross and zero net, and a complement increase of 2 temporary Counsellors.

The Community Development and Recreation Committee recommends that:

1.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration, and/or his designate to enter into a new service agreement with the Centre for Research on Inner City Health at St. Michael's Hospital to provide research and evaluation support for this initiative towards a final evaluation report. The maximum amount of the agreement shall not exceed $50,000.

2.  City Council amend the 2016 Approved Operating Budget for Shelter, Support and Housing Administration by $29,250 gross, $0 net, and include the remaining $20,750 gross and $0 net in the 2017 Operating Budget Submission for Shelter Support and Housing Administration to allow for the receipt and allocation of the Provincial funding dedicated to the evaluation of the Housing Assessment Tool.

Shelter, Support and Housing Administration (SSHA), along with the Centre for Research on Inner City Health at St. Michael's Hospital, have received approval for Provincial funding under the Treasury Board Secretariat. The City has been approved a total of $50,000 over a 24 month period, to be used for the evaluation of a Housing Support Assessment Tool. This tool is intended to assess the level of acuity and support needs of people who are homeless, in order to assist them find and maintain housing.

This report seeks City Council approval to enter into a service agreement with the Centre for Research on Inner City Health and to increase the 2016 Approved Operating Budget for SSHA by $29,250 gross and $0 net and to include an additional $20,750 gross and $0 net in the 2017 Operating Budget Submission for SSHA.

The Community Development and Recreation Committee recommends that:

1.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration, to enter into agreements and fund five agencies, for up to $800,000 gross and $0 net, as outlined in Appendix A to the report (March 30, 2016) from the General Manager, Shelter, Support and Housing Adminstration.

This report provides City Council with an update on the overall shelter system and the work underway to increase overall system capacity and relieve occupancy pressures for shelter beds. It also seeks City Council authority to enter into funding agreements with five qualified community agencies for follow-up support to increase the housing stability of participants in the Hostels to Homes Pilot (the 'Pilot'), an initiative approved as part of Shelter, Support and Housing Administration's (SSHA) 2015 Shelter Infrastructure Strategy and Service Improvement Plan.

The funding in this report related to the Hostels to Homes Pilot is from the provincially funded Community Homelessness Prevention Initiative (CHPI). This report makes recommendations for the allocation of up to $800,000 gross and $0 net for 2016. Funding is available in the 2016 Approved Operating Budget for SSHA.

The Community Development and Recreation Committee recommends that:

1.  City Council approve the operation of 1652 Keele Street as a Community Hub beginning in the fall of 2016 and onwards.

2.  City Council direct that up to $110,000 be allocated from Community Partnership Investment Program for 2016 to operate 1652 Keele Street as a Community Hub.

3.  City Council direct that the staff complement in the Social Development, Finance and Administration Division be increased by 1 permanent position so that  Social Development, Finance and Administration staff can anchor the facility, along with tenants, in accordance with the Council Approved Below Market Rent Policy.

The purpose of this report is to seek approval to allocate funds from the Community Partnership Investment Program (CPIP) to operate 1652 Keele Street as a City Community Hub commencing fall 2016 and onward. 

The Community Hub would be managed by a staff from Social Development, Finance and Administration who would be responsible for ensuring the facility is operated in a safe manner and programs and services are better coordinated to serve residents.

1652 Keele Street is located in a Neighbourhood Improvement Area and is a City Below Market Rent (BMR) facility with five tenants including Community Action Resource Centre, For Youth Initiative, Social Planning Toronto, Woman Abuse Council of Toronto and York Hispanic Centre. All tenants are not for profit organizations who receive funding from various sources, including the City of Toronto, for specific programs and administration services.  None of the tenants receive funding to manage the building and coordinate service delivery in a hub model. 

Tenants experience difficulty resolving issues of safety and security, property management and service coordination and they repeatedly turn to the City for additional supports that require a permanent solution so that they can focus on service provision to residents in this Neighbourhood Improvement Area.

The Economic Development Committee recommends that:

1.  City Council adopt the 3D TORONTO Sign legacy plan provided in Appendix A to the report (April 4, 2016) from the Deputy City Manager and Chief Financial Officer, and the General Manager Economic Development and Culture, that includes a governance and protocol plan, a Commemorative Lighting program, and rules regarding design aesthetic.

2.  City Council direct the General Manager, Economic Development and Culture, to adopt a strict “no commercial designs” policy that states that the 3D TORONTO Sign at Nathan Phillips Square and the mobile Toronto sign will have no relation to a commercial entity or person.

3.  City Council approve one-time adjustment to increase the 2016 Economic Development and Culture Operating Budget by $150,000, funded from the Major Special Event Reserve Fund, to support the maintenance, governance and public engagement plans, and Commemorative Lighting procedure/criteria for the 3D TORONTO Sign at Nathan Phillips Square including one temporary position for 6 months, as identified in Appendix A to the report (April 4, 2016) from the Deputy City Manager and Chief Financial Officer, and General Manager Economic Development and Culture.

4.  City Council direct the General Manager, Economic Development and Culture to investigate and bring forward  a business case for consideration during the 2017 Budget Process for the one-time and ongoing costs of:

a.   the existing 3D TORONTO Sign on Nathan Phillips Square in 2017;

b.  the  process for commissioning and developing a permanent TORONTO Sign to be located at Nathan Phillips Square; and

c.  the creation, ongoing operation and maintenance of a mobile Toronto sign and seasonal touring program.

This report provides City Council with information on the plans for the 3D TORONTO Sign at Nathan Phillips Square, including: a maintenance and governance plan; public engagement plan; Commemorative Lighting procedure/criteria; and budget through December 2016. The report also proposes to develop a process for establishing a more permanent solution for the 3D TORONTO Sign at Nathan Phillips Square and addresses options and recommendations for the possibility of a mobile Toronto sign and touring program.

The Economic Development Committee recommends that:

1.  City Council remove the following appointees from the Uptown Yonge Business Improvement Area Board of Management:

Christel Crouin-Saba

Robert Lewocz

Jose Villablanca

2.  City Council direct that Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended to reflect the number of Board members for the Uptown Yonge BIA as sixteen (16) with a quorum of six (6).

The purpose of this report is to recommend that City Council remove members from the Uptown Yonge Business Improvement Area (BIA).

The Economic Development Committee recommends that:

1.  City Council direct the General Manager, Economic Development and Culture to explore including Guild Park and Gardens as a venue for Nuit Blanche 2017.

Nuit Blanche has had a positive effect on the City of Toronto and visitors who attended the spectacular event.  The City of Toronto reported last fall that through an Ipsos Reid survey Nuit Blanche 2015 "generated an economic impact of about $41.5 million for Toronto…with an estimated attendance of over one million people, including 205,000 out-of-town visitors."

As the planning for the Nuit Blanche 2016 is underway, I would like to take this opportunity to expand the experience into Scarborough for the 2017 season, specifically in the Guild Park and Gardens.  The gardens would accommodate the event perfectly.  Within its 88 acres stands a Greek amphitheater, several monuments and artifacts from great buildings across Ontario including a historical monument walk installed last year by our City Cultural division.  The Guild Park and Gardens would be the perfect setting to expand the Nuit Blanch experience east of the City and is supported by the Guildwood Village Community Association.

The site would be suitable for artistic installations and support visitors for the 2017 season to coincide with the revitalization for the Guild Park and Gardens and Guild Inn (Bickford Residence).  The Nuit Blanche theme works well with the objectives of the Guild Park and Gardens which hosts, historical walks, an annual artist's festival, annual outdoor theatre performances.  The revitalization will also bring art programs offered by the City of Toronto Cultural division.

The Economic Development Committee recommends that:

1. City Council receive the report (March 31, 2016) from the General Manager, Economic Development and Culture for information.

The Government Management Committee recommends that:

1.  City Council authorize the Chief Corporate Officer to extend the term of Contract No. 47016678 for an additional twenty (20) month term from April 1, 2016 to December 31, 2017 for the provision for Minor Moves under the same pricing, terms and conditions as established with the initial award in a form satisfactory to the City Solicitor.

2.  City Council authorize the Chief Corporate Officer to extend the term of Contract No. 47016758 for an additional seven (7) month term from May 22, 2017 to December 31, 2017 for Asset Management, Inventory, Evaluation and Warehousing of System Furniture Parts and Accessories under the same pricing, terms and conditions as established with the initial award in a form satisfactory to the City Solicitor.

The purpose of this report is to request the authority to extend the term of Contract No. 47016678 for various Office Moves for an additional twenty (20) months and extend the term of Contract No. 47016758 for Office Asset Warehousing and Management for an additional seven (7) months. The proposed extension of both Contracts will not impact or exceed the funds already budgeted for.

The extension of the two (2) contracts is critical to supporting the Office Modernization Program (OMP) pilot projects as well as existing projects currently underway.  Information such as redeployment of existing furniture and disposal requirements gathered as a result of the OMP pilots will not be available for incorporation into a new procurement call for moves and asset management until the third quarter of 2017, beyond the expiry dates of the two (2) existing Contracts.

The extension of the Contract term for the two (2) contracts are under the same terms and conditions, and pricing as established with the initial awards as a result of a competitive process conducted for each of the resulting contracts. The report recommends extending the duration of the two (2) contracts only and does not alter the award values, terms and conditions as previously approved.

The Government Management Committee recommends that:

1.  City Council authorize the General Manager, Fleet Services, to enter into an Acknowledgement Agreement with the Province of Ontario to allow for use of their Vendors of Record for Car Share services.

2.  City Council authorize the General Manager, Fleet Services, to enter into separate non-exclusive agreements with each of the Province of Ontario's Vendors of Record for Car Share services as follows:

a.  With Enterprise CarShare for a term of 4 years and a total value of $100,000 (exclusive of all taxes); and

b.  With Zipcar for a term of 4 years and a total value of $100,000 (exclusive of all taxes).

The purpose of this report is to seek authority to enter into an Acknowledgement

Agreement with the Province of Ontario and into separate agreements with each of the

Province of Ontario's Vendors of Record, for the supply of Car Share services, from the date of approval.

The Government Management Committee recommends that:

1.  City Council grant an exemption from the Return on Investment (ROI) requirement set out in the City's below market rent policy as the tool is under development with Social Development, Finance and Administration Division.

2.  City Council:

a.  Authorize the extension (the "Agreement") of a Below Market Rent lease at 34 Riverdale Drive with the Franklin Carmichael Art Group for a five year term based on the terms and conditions set out in Appendix A to the report (March 16, 2016) from Chief Corporate Officer and the General Manager, Economic Development and Culture, and other terms and conditions deemed appropriate by the Chief Corporate Officer in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor; and

b.  Deem the grant of the Agreement at below fair market rent to be in the interests of the City.

3.  City Council authorize the City Solicitor to complete the Agreement, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as they may, from time to time, determine.

4.  City Council authorize the Chief Corporate Officer to administer and manage the Agreement, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

The purpose of this report is to obtain City Council authority to extend a Below-Market Rent (BMR) lease with Franklin Carmichael Art Group (FCAG) for approximately 6,900 square feet of City-owned space located at 34 Riverdale Drive.

The Government Management Committee recommends that:

1.  City Council grant an exemption from the Return on Investment (ROI) requirement set out in the City's below market rent policy as the tool is under development with Social Development, Finance and Administration Division.

2.  City Council:

a.  Authorize a lease renewal (the "Agreement") with Scarborough Historical Society for a five year term based on the terms and conditions set out in Appendix A to the report (March 16, 2016) from the Chief Corporate Officer and the General Manager, Economic Development and Culture, and other terms and conditions deemed appropriate by the Chief Corporate Officer in consultation with the General Manager, Economic Development and Culture and in a form acceptable to the City Solicitor; and

b.  Deem the grant of the Agreement at below market rent to be in the interest of the City.

3.  City Council authorize the City Solicitor to complete the Agreement, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as they may, from time to time, determine.

4.  City Council authorize the Chief Corporate Officer to administer and manage the Agreement, including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

The purpose of this report is to obtain City Council authority to renew a Below-Market Rent ("BMR") lease agreement with Scarborough Historical Society ("SHS") for approximately 3,785 square feet of City-owned space located at 6282 Kingston Road (the "Lands").

The Licensing and Standards Committee recommends that:

1. City Council request the Province of Ontario to cover the funding costs of holding public consultations with respect to implementing maximum indoor temperature standards for rental multi-unit residential buildings.

The Tenant Issues Committee, on February 24, 2016, considered Item TD2.1 from the Board of Health on Update on Extreme Heat and Maximum Indoor Temperature Standard for Multi-unit Residential Buildings.

The Board of Health, on November 30, 2015, considered a report (November 16, 2015) from the Medical Officer of Health on the Update on Extreme Heat and Maximum Indoor Temperature Standard for Multi-unit Residential Buildings.

The Board of Health, on November 30, 2015 among other things, forwarded the report (November 16, 2015) from the Medical Officer of Health on Update on Extreme Heat and Maximum Indoor Temperature Standard for Multi-unit Residential Buildings to the Tenant Issues Committee.

The Licensing and Standards Committee recommends that:

Vehicle-for-Hire Accessibility Strategy 

1.  City Council endorse the goal of achieving an inclusive and accessible vehicle-for-hire industry that will ensure that all Toronto residents and visitors have equal access to Toronto's vehicle-for-hire industry.

2.  City Council waive licence application and renewal fees for accessible taxicab licences (TTL), Wheelchair accessible taxicab owners, and any taxicab owner who has a D409 compliant wheelchair accessible vehicle, effective immediately and retroactive to January 1, 2016.

3.  City Council waive training fees for taxicab drivers and owners who want to be trained to drive accessible taxicab vehicles, effective immediately.

4.  City Council require that all drivers of accessible vehicle-for-hire services complete a training program that meets the criteria set out by the Executive Director of Municipal Licensing and Standards, including refresher training.

5.  City Council direct the Executive Director, Municipal Licensing and Standards to report back to the appropriate standing committee on a strategy to collect funds from all non-accessible vehicles-for-hire- to provide incentives to increase the number of on-demand, metered accessible taxicabs available to the public as well as creating a working group composed of stakeholders (such as staff in the Equity, Diversity and Human Rights Office) and accessibility experts and advocates to, amongst other issues, develop a funding program and process that will advance inclusive on-demand ground transportation for all users. 

Proposed Changes to Taxicab Regulations

Taxicab Fares and Taxicab Brokers:

6.  City Council require that taxicabs charge the City-regulated taxicab rate when a customer either street-hails or uses a cabstand to hire a taxicab and direct the Executive Director of Municipal Licensing and Standards to review the rate within the year.

7.  City Council permit the use of electronic taximeters that meet security criteria and other standards to be established by the Executive Director of Municipal Licensing and Standards, and remove the current requirement to seal taximeters, effective immediately.

Taxicab Ownership and Licensing:

8.  City Council delete the required minimum owner-operator hours for Ambassador taxicab, Toronto Taxicab, and Wheelchair Accessible taxicab owners.

9.  City Council delete the requirement that a Toronto Taxicab Licence be issued upon the sale of a Standard or Ambassador taxicab.

10.  City Council direct that all Ambassador taxicabs be deemed to be Standard Taxicabs, effective immediately.

11.  City Council direct that when a Standard taxicab vehicle is sold, the new purchaser may be issued a Standard taxicab licence, subject to meeting the requirements of a qualified purchaser.

12.  City Council remove restrictions that prohibit a person from owning more than one taxicab.

13.  City Council remove the provisions that restricts taxicab owners from incorporating.

Taxicab Drivers:

14.  City Council replace the existing taxicab and limousine driver licence classes and create a new "Vehicle-for-Hire Driver" licence class to permit licensed drivers to operate either taxicabs or limousines to be issued to all new taxicab or limousine driver applicants and to all existing taxicab or limousine drivers at the time of their licence renewal.

15.  City Council direct amendments to the Drivers' Waiting List:

a.  Remove the annual filing requirements for drivers to maintain their place on the Drivers' Waiting List; and

b.  Freeze the Drivers' Waiting List effective May 4, 2016 (for those who are in good standing as at that date).

16.  City Council direct the Executive Director, Municipal Licensing and Standards to report back once all drivers on the Drivers' Waiting List have been offered the opportunity to obtain a Toronto Taxicab licence with a proposal to address future taxicab licence issuance, as necessary.

Taxicab Vehicles, Inspections, and Insurance:

17.  City Council amend taxicab vehicle requirements by permitting Ambassador and Standard taxicabs, effective immediately, to:

a.  be no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and

b.  carry a maximum of 7 passengers plus the driver.
 
18.  City Council direct that the requirements for all taxicab vehicles to attend initial and semi-annual mechanical and fitness inspections at the City inspection centre, and attend all other inspections as necessary, remain.

19.  City Council require that any advertising on taxicabs not interfere with or reduce visibility of taxicab identification and remove requirement that advertising on taxicabs be approved by Municipal Licensing and Standards.

20.  City Council direct that the existing requirement for taxicab vehicles to carry insurance at $2,000,000 dollars of liability coverage to protect passengers and drivers is retained

Taxicab Management:

21.  City Council establish a new licensing class for "Taxicab Operators". A Taxicab Operator is an individual or corporation responsible for the management or control of a taxicab vehicle on behalf of the owner. The Taxicab Operator may be listed as a co-owner of the vehicle used as a taxicab on the vehicle registration.

22. City Council require that individuals or corporations licensed as a Taxicab Operators must:

a.  rent taxicabs to licensed vehicle-for-hire drivers on a shift basis only;

b.  maintain a list of licensed drivers who are renting taxicabs from the Taxicab Operator and keep records for 12 months;

c.   maintain records that detail date and time of which taxicab was rented by which driver and keep records for 12 months;

d.  ensure that each taxicab:

i.   is free from mechanical defects;
ii.   is properly equipped as per the bylaw;
iii.  has a clean exterior and interior;
iv.  is in good repair as to its exterior and interior;

e.  provide an itemized receipt to drivers for shift rentals, and maintain records of receipts for a minimum of one year;

f.  ensure that place of business complies with zoning and all other applicable bylaws; and

g.  provide records described above to Municipal Licensing and Standards within 5 business days of request.

23.  City Council require that any individual or corporation who enters into an agreement assuming responsibility for the management or control of a vehicle operating as a taxicab must hold a Taxicab Operator's Licence.  

24.  City Council permit a Taxicab Operator to enter into agreements to manage or control more than one taxicab at a time.

25.  City Council prohibit more than one Taxicab Operator from managing or having control of a single taxicab vehicle at any one time.
 
26.  City Council require that a taxicab owner remains responsible for ensuring that the taxicab is maintained and managed in a manner that is compliant with the requirements of the Vehicle-for-Hire Bylaw, even when the owner engages a Taxicab Operator.

27.  City Council require that taxicab owners file notice with Municipal Licensing and Standards if they have entered into an agreement with a Taxicab Operator, and ensure that this information remains current by advising Municipal Licensing and Standards in writing within 7 days of any change, in a form approved by the Executive Director, Municipal Licensing and Standards.

28.  City Council direct that the effective date for implementation of the Taxicab Operator's licence be July 15, 2016, and permit a one year phase-in of the requirements, and that the application requirements for the licence be as prescribed in the general provisions of the bylaw.
 

Proposed Changes to Limousine Regulations

29.  City Council require that all Limousine Owners affiliate with a Limousine Broker.

Limousine Operation:

30.  City Council require that all Limousine trips be booked through a Limousine Broker. Limousines are not permitted to solicit rides or respond to street-hails.

Limousine Vehicles, Inspection, and Insurance:

31.  City Council direct that all existing requirements for limousine vehicles, not amended, be retained such as:

a.  current insurance requirements for limousines at $2,000,000 of liability coverage to protect passengers and drivers; and

b.  prohibition from having a roof light or any markings that could make the vehicle look like a taxicab.

Increased Penalties for Breaches of Licensing Requirements

32.  City Council establish special fines that may apply in addition to the regular fine imposed  for a contravention of the bylaw where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the bylaw.

33.  City Council require that the maximum penalty provisions apply to licensees who fail to comply with any provisions related to record retention, record disclosure to Municipal Licensing and Standards, or audits. 

34.  City Council establish that directors or officers of a corporation knowingly concurring in the contravention of any offence under the bylaw by the corporation are guilty of an offence.

Administrative Recommendations

35.  City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to issue interpretation bulletins or guidelines on matters relating to the Vehicle-for-Hire bylaw when enacted from time to time, as she or he deems advisable or necessary.

36.  City Council authorize the City Solicitor to review and make revisions to the remaining parts of the bylaw to ensure consistency with provisions that are governed by other municipal and provincial legislation.

Licensing Fees

37.  City Council direct the Executive Director, Municipal Licensing and Standards to undertake the work necessary to issue any refunds resulting from the retroactive fee reductions and/or the waiving of existing fees.

38.  City Council direct the Executive Director, Municipal Licensing and Standards to take efforts to manage expenditures to mitigate the 2016 financial impact associated with the timing of the proposed changes.

39.  City Council direct the Executive Director, Municipal Licensing and Standards to report through the 2017 budget process on full-year budget impacts of the proposed changes.

Other Recommendations:

40. City Council direct that the qualifications for taxicab, limousine and PTC vehicle drivers include a requirement that all drivers licensed by the City of Toronto be 21 years of age or older, hold a valid Ontario driver's license, and have at least one year driving history.

41.  City Council direct the Executive Director, Municipal Licensing and Standards continue to regulate the taxicab, limousine and private vehicle-for-hire industry by ensuring that all owners and drivers of taxicabs, limousines and private vehicles-for-hire vehicles for hire that provide transportation services in the City require a licence issued by the City.

42.  City Council require that every vehicle used as a taxicab, limousine or private vehicle-for-hire be equipped with four snow tires every year from December 1st to March 15th.

43.  City Council require that all taxicab, limousine and private vehicle for hire drivers be able to communicate in English.

44.  City Council direct that Toronto Municipal Code Chapter 545, Licensing, be amended to require that, in addition to taxicabs, all limousines and PTC Vehicles have a camera system installed.

45.  City Council amend the definition of "CAMERA SYSTEM" set out in Toronto Municipal Code, Chapter 545, Licensing, to read as follows:
 
 "A camera system with minimum specifications approved by the Municipal Licensing and Standards Division, capable of recording images of persons in a taxicab, limousine or PTC vehicle, such that access to the images is limited to law enforcement personnel authorized by the Executive Director, the Executive Director, and the vehicle’s registered brokerage, for the purposes of law enforcement, training, or customer service investigations."

46.  City Council direct that a $0.10 levy from each taxicab, limousine and PTC vehicle fare be paid to be applied for the development of an Accessibility Fund to be administered by the Municipal Licensing and Standards Division, with the proceeds from such a Fund to be used to provide a grant to licensed taxicab, limousine or PTC vehicle drivers who wish to purchase a wheelchair accessible vehicle.

47.  City Council re-establish the Taxi Advisory Committee.

48.  City Council request the Ministry of Finance to approve new flexible insurance products for the taxicab industry.

49.  City Council request the Province of Ontario to make amendments to the Highway Traffic Act to strengthen enforcement powers and amend penalties in relation to municipal vehicle-for-hire bylaws, including the ability to:

a.  tie outstanding violations to plate denial;
b.  issue higher fines (not less than $500 and no more than $30,000);
c.  apply demerit points for non-compliance; and
d.  impose administrative licence suspensions.

50.  City Council direct that all provisions of the new Vehicle-for-Hire bylaw, including the amendments to licensing fees in Chapter 441, will come into effect on July 15, 2016 unless otherwise stated.

51.  City Council direct the Executive Director of Municipal Licensing and Standards to report back to the Licensing and Standards Committee within one year from the date of enactment of the new bylaw, with an update on the implementation and outcomes of the bylaw.

This report outlines a series of recommendations that, taken together, form a new framework for equitable regulation within the vehicle-for-hire industry. This framework is founded on the City’s regulatory purpose and interests of public safety and consumer protection, and accelerates the City’s commitment to ensuring the availability of inclusive accessible service within the vehicle-for-hire market.

This framework will respond to the public’s request for choice in regulated transportation options and provide an opportunity for the City to shift from prescriptive regulation to an approach based on established standards, accountability and monitored compliance through audit and enforcement. It is anticipated that this approach will enable operational flexibility and provide industry participants with an equal opportunity to provide quality service in a competitive market, while maintaining the City’s municipal regulatory purpose.

There are currently more than 45,000 trips per day taken by the public in unregulated vehicles-for-hire. Appropriate regulation governing this industry is a critical public safety matter. The development of this new regulatory framework ensures that these vehicle-for-hire participants are regulated, as are taxicabs and limousines, balancing the City regulatory interests with existing industry practices.

This report proposes a reset of the City's approach to regulation, and in some cases adjusts the City's role as it relates to the direct delivery of service. The proposed framework aims to address public safety and consumer protection, while also providing an opportunity to: develop efficiencies, allow competition, reduce regulatory burden for taxicabs and limousines, and implement regulations for a new 'Private Transportation Company' (PTC) licence class, which would permit and regulate private vehicles to offer transportation services, such that UberX provides.

Current vehicle-for-hire regulations have a lengthy, complex, and complicated history. For decades, the City of Toronto and jurisdictions around the world have heavily regulated their taxicab industries and, to a lesser extent, their limousine industries. The Toronto taxicab industry, in particular, has been the subject of repeated reviews which have steadily increased the nature and extent of the regulatory involvement in the industry. One of the key contributors to this has been the restricted issuance of licences which has constrained the number of taxicabs permitted to operate, and has also prevented other transportation service providers from entering the market.

Despite numerous attempts by the City to address issues within the taxicab industry, including two comprehensive reforms in the past 18 years, many within the industry continue to identify issues of poor working conditions and the improper conduct of industry participants/middlemen. These previous regulatory reviews have been focused on regulations meant to address consumer complaints, unsafe driving practices, and fairness among industry participants.

One of the most reformative reviews of the Toronto taxi industry was the 1998 review, which created the Ambassador Taxicab licence, and made numerous amendments to the existing licence class (Standard Taxicabs) to move the industry toward an “owner-operator” model.  This change was meant to enhance the quality of taxicab services by reducing the number of "middlemen" and limiting absentee licence owners. 

Despite this reform and those resulting from the 2014 Taxicab Review, many taxicab drivers continue to indicate that they are not being fairly treated and further indicate that much of the profits within the industry are being shared amongst middlemen and owners who may not be directly involved in the business. This has a direct negative impact on the City’s objectives of promoting consumer protection and public safety to the extent that the existing financial structure undermines or does not incentivize behaviours that are consistent with the City’s goals.

Staff maintain the belief that owner operated vehicles-for-hire provide the most cost efficient operating model and in many cases, provide a better quality service. In this respect, a recommendation is being made to issue new incremental accessible taxicab licences (TTL) to taxicab drivers on the waiting list.

However, given the changed context of the vehicle-for-hire market and in the interests of providing an equitable level of regulation, staff are recommending the elimination of the owner-operator oriented regulations as they apply to taxicabs.

With the availability of more opportunities for vehicle-for-hire drivers and with increased competition amongst vehicle-for-hire industries, a mandated "owner-operated" taxicab industry model no longer achieves the intended regulatory efforts to protect consumers and ensure public safety. These changes will also recognize the manner in which many within the taxicab industry are already organized operationally and will provide additional flexibility to the industry.

 This report proposes a new Vehicle-for-Hire Bylaw that:

-  regulates taxicabs, limousines, and companies such as Uber in an equitable manner;

-  reduces regulatory burden, while maintaining requirements for public safety and consumer protection;

-  builds on existing plans to secure accessible vehicle-for-hire services; and

-  provides opportunities for competition and innovation.

Overview of Vehicle-for-Hire Bylaw

The recommendations in this Report are aimed at creating a regulatory regime for taxicabs, limousines, and Private Transportation Companies (PTC) based on measures appropriate to balance consumer protection, public safety, and the economic wellbeing of the City. Key regulations are as follows:

1. Fares

Staff recommend that taxicabs continue to charge the current City regulated rate for all trips taken through street-hail or at cabstands. If a taxicab is booked through a Taxicab Broker, the rate may be discounted by the Taxicab Broker, subject to specific conditions designed to ensure transparency in the pricing. Limousine Brokers and PTCs will be permitted to set rates to be charged which may vary in different time periods, but passengers must accept the rate before the vehicle is dispatched.

2. Accessibility

Staff recommend a multi-pronged approach to ensure accessible vehicle-for-hire service. This approach proposes:

-  increasing the number of accessible taxicabs to 25% of the taxicab fleet by issuing additional TTLs to drivers on the waiting list;

-  waiving licence application and licence renewal fees for accessible taxicabs;

-  waiving accessible training fees for licensed taxicab drivers and owners;

-  requiring PTCs to deliver equitable accessible service; and

-  reporting back on a strategy to collect money from all non-accessible vehicles-for-hire to incentivize the delivery of accessible taxicab service through mechanisms that offset the increased operating costs of accessible taxicabs.

3. Number of Vehicles-for-Hire

Staff recommend continuing to limit the number of taxicab licences issued. It is recommended that the City not impose a limit on the number of limousine licences or number of vehicles affiliated with a PTC.

4. Taxicab Licensing

Staff recommend reducing the regulatory burden on taxicabs by reducing the number of taxicab owner licence categories and eliminating certain current licensing requirements to increase flexibility. This approach proposes:

-  removing mandatory minimum owner-operator hours for all taxicab owners;

-  removing requirements for mandatory conversion of an Ambassador taxicab and Standard taxicab to a Toronto Taxicab upon sale of taxicab;

-  permitting Ambassador taxicabs to be converted to Standard taxicabs upon renewal or sale; and

-  removing taxicab ownership restrictions that prevent incorporation and ownership of multiple taxicabs.

At the same time, staff recommend the creation of a new licensing category “Taxicab Operator”, which will recognize and regulate the operations of lessees and fleets operating taxicabs to regulate and hold accountable the actual “operator” of the taxicab for such things as vehicle maintenance and records management of taxicabs under their control.  

5. Vehicles

Staff recommend permitting any four-door vehicle less than 7 (seven) model years old for use as a taxicab, limousine, or PTC vehicle.

Taxicabs will continue to be subject to semi-annual, City-run mechanical inspections, and will be required to meet all existing vehicle quality standards. Limousines would no longer attend the City for semi-annual inspections, but would instead be required to submit an annual Safety Standards Certificate issued by a Ministry of Transportation licensed garage upon renewal. A PTC will be responsible for ensuring that all vehicles affiliated with it submit an annual Safety Standards Certificate issued by a Ministry of Transportation licensed garage upon application, and annually thereafter. 

Recommendations seek to authorize enforcement staff to issue a notice and/or direct any vehicle-for-hire to undergo a mechanical safety inspection at their discretion.

Staff are requesting authority to undertake a review of options and the feasibility of transitioning taxicabs to an alternative inspection process, such as that being recommended for limousines and PTC vehicles.

Due to the independent and anonymous nature of street-hail and cabstand taxicab service, taxicabs continue to be the only vehicle-for-hire that is required to have a taximeter, a roof light, a camera, an emergency light, markings that identify it as a taxicab, and a Taxicab Bill of Rights. Staff are proposing to establish a Taxicab Vehicle Quality Standard, which will provide clarity and transparency to service providers, and address the public's interest in vehicle conditions.

6. Drivers

Staff recommend harmonizing taxicab and limousine driver licences to create one “Vehicle-for-Hire Driver's Licence” that will permit drivers to operate taxicabs or limousines.

All persons wishing to operate as taxicab, limousine or PTC drivers would be required to meet the same criminal background and driver screening requirements, as established by the City.

The City would continue to collect and screen the applicants for taxicab and limousine drivers. A PTC would assume responsibility to collect and screen the applicants for PTC drivers, and be required to submit or make available on an ongoing basis, electronic records of permitted drivers, where the records of the PTC will be subject to audit from the City.

Staff recommend reducing the barrier to entry to become a licenced taxicab or limousine driver by eliminating the mandatory City-run training for all taxicab and limousine drivers and owners, with the exception of drivers of accessible for-hire vehicles.

7. Insurance

All taxicab and limousine vehicles are currently required to carry a minimum of $2 million of collision and passenger hazard insurance. PTC vehicles will also be required to carry a minimum of $2 million of collision and passenger hazard insurance. In addition, PTCs will be required to carry $5 million of commercial general liability insurance.

Overarching Purpose of Recommended Changes

This report outlines the recommended changes to the existing legislation governing the taxicab and limousine industries, and recommends the development of regulation to govern new entrants being named Private Transportation Companies.

This review has provided the opportunity to refocus and reset the City’s approach to regulating the taxicab and limousine industries and to propose the regulation of PTCs, aiming to establish an equitable and appropriate level of regulation that balances the interests of diverse stakeholders. The proposed changes will remove constraints that have prevented the expansion of vehicle-for-hire services in the past, foster competitiveness, allow taxicabs and limousines to develop efficiencies, and reduce regulatory burdens.

The Planning and Growth Management Committee recommends that:

1.  City Council direct the City Solicitor to request that the Ontario Municipal Board approve the extension of the Transition Clause Repeal period in regulation 2.1.3.8(1) of the City-wide Zoning By-law 569-2013, from May 9, 2016 to May 9, 2018.

2.  City Council authorize the City Solicitor to proceed with settlements to By-law 569-2013 by way of motion if the settlement results in changes that in the opinion of the City Solicitor in consultation with the Chief Planner and Executive Director are minor and substantially in accordance with Council's approved intent in By-law 569-2013.

3.  City Council authorize the City Solicitor to take all necessary steps to implement Recommendations 1 and 2.

This report seeks City Council's approval of a proposed settlement for appeals of City-wide By-law 569-2013 with respect to the extension of the 3 year period for the Transition Clause to 5 years.

The report also requests Council authority for the City Solicitor to proceed on settlements if they are of a technical nature and maintain Council's general intent as expressed through Zoning By-law 569-2013.

The Planning and Growth Management Committee recommends that:

This report responds to the November 2015 request from the Planning and Growth Management Committee, that the Chief Building Official and Executive Director, Toronto Building further consider the application made by the Canadian Pacific Railway Company for an area-specific amendment to the Sign By-law to allow a third party electronic static advertising sign at 33 Wickman Road and consult with the Ward Councillor.

Since the Planning and Growth Management Committee first considered the application in November 2015, the applicant has slightly modified their request for an area-specific amendment. Despite these modifications, the proposal remains a significant departure from the provisions of the Sign By-law. The proposed sign would be more than twice the maximum permitted height with each of the two 62.4 square metre (671.6 square feet) sign faces being more than three times the maximum permitted face area.  In addition, the sign is proposed to be 20 metres from the F.G. Gardiner Expressway whereas the By-Law requires a setback of 400 metres.

Staff do not support the application for amendment as it is contrary to the goals and objectives of City Council as expressed through the Sign By-Law.  The report therefore recommends that City Council refuse the application for an area-specific Sign By-law amendment.

The purpose of this report is to seek Council authority to install cycle tracks along Bloor Street as a pilot project for implementation and subsequent evaluation. Subject to Council approval, Transportation Services proposes to install the pilot project in late summer 2016.

A pilot project installation of cycle tracks along Bloor Street would provide an opportunity to evaluate the impacts and benefits of cycling infrastructure on this street and make adjustments, as necessary, to the design and operations of the pilot project configuration.

Transportation Services has recently completed a preliminary feasibility study to identify design options and associated impacts for bikeways along Bloor Street West between Shaw Street and Avenue Road, including the potential implementation of a cycling facility as a pilot project.

As part of the feasibility study, various design options were considered and a summary of the considerations are presented in this report.  Based on a review of design considerations and feedback from the public and stakeholders, the cycling facility is generally proposed as a cycle track, which features separation elements (a painted buffer, parked cars and/or flexi-post bollards) between the bicycle lane and the traffic lane, as well as between the bicycle lane and on-street parking.

The outcomes of the pilot project would help inform the development of future projects along Bloor Street such as upcoming planned roadwork, as well as a Major Corridor Study for cycling facilities along a longer segment of Bloor Street.  

Transportation Services proposes to report back to the Public Works and Infrastructure Committee in the third quarter of 2017 on the findings of the Bloor Street West pilot project evaluation.

The Public Works and Infrastructure Committee recommends that:

1.  City Council approve the installation of bicycle lanes in the following locations, as described in Appendix 12 – Amendments to Bicycle Lane Designations, attached to the report  (March 30, 2016) from the General Manager, Transportation Services:

a.  Argyle Street, westbound curb lane between Ossington Avenue and 15 m east of Ossington Avenue;

b.  Dundas Street West, between Dupont Street and Dundas Street West;

c.  Ellis Avenue, between The Queensway and the Martin Goodman Trail;

d.  Dr. Emily Stowe Way, between College Street West and Grenville Street;

e.  Havelock Street, between Lindsey Avenue and College Street West;

f.  Howland Avenue Rail Underpass, between Bridgemen Avenue and 62m south thereof;

g.  Logan Avenue, between Bain Avenue and McConnell Avenue;

h.  Sheppard Avenue West bridge over Addington Greenbelt;

i.  St. Clair Avenue East bridge over Yellow Creek; 

j.  Sumach Street, between King Street East and Queen Street East; and

k.  Lansdowne Avenue, between College Street and Dundas Street West.

2.  City Council enact the traffic and parking regulation amendments associated with the above Recommendation 1 as described in Appendix 13 attached to the report (March 30, 2016) from the General Manager, Transportation Services.

3.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the amendments in Recommendation 1 and 2 in the report (March 30, 2016) from the General Manager, Transportation Services, including the introduction of all necessary bills.

The purpose of this report is to obtain authority to extend the existing bicycle lanes on Dundas Street West, Argyle Street, Dr. Emily Stowe Way, Havelock Street, Lansdowne Avenue and Sumach Street and install a new bicycle lanes on Ellis Avenue and the Howland Avenue Rail Underpass as part of the 2016 Cycling Network Program.

In addition, authority is sought to convert the existing edge lines to bicycle lanes at the following locations: Logan Avenue next to Riverdale Park, Dundas Street West at Dupont Street, Sheppard Avenue West bridge over the Addington Greenbelt, and on St. Clair Avenue East bridge over Yellow Creek.

The affected Ward Councillors have been consulted regarding the bicycle lanes proposed in their respective wards.

The purpose of this report is to seek authorization for the General Manager, Solid Waste Management Services, and the Chief Corporate Officer to complete the transfer of lands required for the extension of Third Concession/Rossland Road (the Road) to the Regional Municipality of Durham (Durham Region), in the City of Pickering. 

The proposed road extension cuts through the southern buffer zone of the closed Brock West Landfill.  This initiative is a component of the Central Pickering Development Plan and Durham Region wishes to acquire these lands to allow for the development of needed regional infrastructure.

The City of Toronto is carrying out a Schedule C Municipal Class Environmental Assessment (EA) that will evaluate alternatives for a grade separated crossing at Steeles Avenue East and the Stouffville GO Transit Rail Corridor. A widening of Steeles Avenue East from 4 to 6 lanes from Kennedy Road to Midland Avenue will also be considered.

The future implementation of this project will improve the movement of road and rail traffic in The Regional Municipality of York (York Region), the City of Toronto and along Metrolinx’s Stouffville GO Transit Rail Corridor. Recognizing the multitude of interests in both the Class EA and the implementation of the project, this report is requesting authority to negotiate, enter into and execute an agreement with York Region and Metrolinx for the cost-sharing of the Municipal Class EA.

The Coordinated Street Furniture Program is a partnership with Astral Out-of-Home to install, operate, and maintain over 24,500 pieces of street furniture over a 20-year period. The agreement with Astral began in 2007, and follows a fiscal year of September 1 to August 31. This report covers Year 8 of the agreement, for the 2014-15 fiscal year. The Agreement has resulted in the installation and maintenance of 16,855 elements to date, and has provided the City with more than $126 million in revenue.

As directed by City Council, the annual report outlines the revenues received by the City from the Program, an update on the rollout of the inventory of street furniture elements, and an overview of maintenance performance and issues. The deployment of new street furniture pieces is on schedule. Maintenance of street furniture continues to be a challenge, particularly cleaning vandalism and maintaining litter bins. Staff and Astral are working to continuously improve both effectiveness and response times for these issues.

Moving forward, staff are requesting funding for the purchase of private property where insufficient space exists for the installation of full transit shelters. Minor adjustments to the management of the publication box licensing program are also recommended.

The Emery Village Transportation Master Plan (TMP) (May 2009) was carried out to support the Emery Village Secondary Plan (ESVP) review and identifies incremental improvements to the road network in the Emery Village area, including Emery Village Road 2A.

Road 2A is a new road link between Finch Avenue West and Toryork Drive, west of Weston Road. This road will alleviate congestion at the Finch Avenue West/Weston Road intersection and provide improved access for heavy trucks to/from the industrial area in the northwest quadrant. Operational improvements to the Finch Avenue West/Weston Road intersection will also improve Metrolinx Finch LRT operations.

The Environmental Assessment (EA) was carried out in accordance with the requirements for Schedule 'C' Projects, completing Phases 3 and 4 in accordance with the Municipal Class EA. The recommended plan includes a new 20 metre (m) wide north/south public road right-of-way that consists of 2.9 m wide boulevards and 2.1 m wide sidewalks on both sides of the street. Road 2A will form a new signalized intersection with Finch Avenue West and a new stop-controlled intersection with Toryork Drive.

Based on preliminary estimates, the new road will cost approximately $4.3 - $4.9 million.  This includes design and construction costs, land acquisition costs and the costs required to reconfigure a portion of the City's Emery Yard that is impacted by the road alignment.

In addition to impacting the Emery Yard, the preferred alignment for Road 2A will require land acquisition from three private properties, one at Toryork Drive and two at Finch Avenue. For each, the impact is small and so only partial acquisitions from these properties is anticipated. The property impacts to the south side of Finch Avenue West are related to the implementation of the Finch West LRT project and would not be otherwise needed to accommodate Road 2A.

Funds for this project are not currently included in the approved 10-Year Capital Plan.

This report recommends the installation of traffic control signals along Victoria Park Avenue at the Gatineau Hydro Corridor Trail, located approximately 35 metres south of Biggin Court, in order to provide accessible crossing protection for cyclists and pedestrians using this multi-use trail to cross Victoria Park Avenue.

This report is submitted to Public Works and Infrastructure Committee as Victoria Park Avenue forms a shared boundary between North York Community Council and Scarborough Community Council.

The Public Works and Infrastructure Committee recommends that:

1.  City Council request the Federal Minister of Infrastructure and Communities to allocate federal infrastructure funding to active transportation projects in the City of Toronto, such projects to potentially include the West Toronto Railpath and East Don Trail, among others.

Toronto is a city that moves. Public interest in active transportation alternatives, such as walking and cycling, is growing rapidly as residents seek out healthy, sustainable and affordable modes of getting around our city.

Federal infrastructure funding can help accelerate investments in active transportation projects in Toronto. It can also help us leverage valuable synergies with public transit and environmentally sustainable infrastructure spending.

The City of Toronto has identified a number of projects designed to grow, connect and renew cycling and multi-use infrastructure in our city.

The West Toronto Railpath extension and East Don Trail are two examples of municipal projects that would benefit from federal infrastructure funding. Currently in the detailed design phase, the West Toronto Railpath Extension is estimated to cost $23 million to build, with construction scheduled for 2017. Funding for construction of the extension is not currently assigned.

The East Don Trail, a multi-use trail system under study in a Schedule C Municipal Class Environmental Assessment (EA), is estimated to cost $26 million and is currently unfunded. Both of these projects would expand active transportation options for residents across Toronto.

In light of the Government of Canada's $5 billion commitment over the next five years to strengthening green infrastructure, additional funding for active transportation projects in Toronto would accelerate their implementation and thereby positively impact neighbourhood livability, congestion, public health and efforts to reduce emissions.

Public Works and Infrastructure Committee, at its meeting on November 12, 2015 in considering a staff report titled "Pedestrian Crossing Protection – Victoria Park Avenue at Donside Drive” (PW9.8), requested the General Manager, Transportation Services to report on the need and feasibility of a pedestrian crossover or traffic control signal at the Conroy Avenue intersection, located approximately 150 metres north of Donside Drive.

This staff report outlines the results of this assessment which concludes that based on current peak vehicular and pedestrian volumes, delays and conflicts at the Conroy Avenue intersection neither traffic control signals nor a pedestrian crossover is warranted at this time.  However, should pedestrian crossing volumes increase at this location in the future, the warrants for the provision of crossing protection could be reassessed at that time.

This report is submitted to Public Works and Infrastructure Committee as Victoria Park Avenue forms a shared boundary between Toronto East York Community Council and Scarborough Community Council.

Etobicoke York Community Council recommends that:

1.  City Council amend the Official Plan for the Apartment Neighbourhoods designated lands in the Humbertown Study Area, substantially in accordance with the proposed draft Official Plan Amendment attached as Attachment No. 4 to the report dated February 4, 2016 from the Director, Community Planning, Etobicoke York District.

2.  City Council adopt the Edenbridge-Humber Valley Apartment Neighbourhood Design Guidelines attached as Attachment No. 6 to the report dated February 4, 2016 from the Director, Community Planning, Etobicoke York District, and direct staff to use these Guidelines in the review of all new development applications in the Humbertown Study Area.

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan Amendment as may be required.

This report presents the findings of the City Initiated Humbertown Area Phase 2 Study – Site and Area Specific Policy. The Phase 2 study was undertaken to develop a Site and Area Specific Official Plan Policy and related Apartment Neighbourhoods Design Guidelines that would establish the long term vision for the Study Area and guide future development(s).

This report recommends amending Chapter 7 of the Official Plan to introduce a Site and Area Specific Policy (SASP) for lands designated Apartment Neighbourhoods within the Study Area.  This SASP would implement a maximum building height limit of 6 storeys and would require any new development to adhere to the proposed Edenbridge-Humber Valley Apartment Neighbourhood Design Guidelines. 

The proposed amendment is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe and City-building policies in the Official Plan.

Etobicoke York Community Council recommends that:

1.   City Council amend the Official Plan for the lands at 121 City View Drive substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 1 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

2.   City Council amend the former City of Etobicoke Zoning Code for the lands at 121 City View Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

3.   City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 121 City View Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 3 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

4.   City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendments as may be required.

5.   Before introducing the necessary Bills to City Council for enactment, require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

This application proposes to amend the Official Plan, the former City of Etobicoke Zoning Code and the City of Toronto Zoning By-law 569-2013 to permit the conversion of a vacant one-storey industrial building into a funeral home and crematorium on the property known municipally as 121 City View Drive. The building has been damaged by fire and after renovation and a small addition, would have a total gross floor area of

1,305 m2.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws.

Subsequent to the preparation of the Final Report recommending approval of this application to convert a vacant industrial building into a funeral home and crematorium, staff determined that a number of revisions to the draft Official Plan and Zoning By-law Amendments were required. These revisions are not substantive and do not alter the proposal. This Supplementary Report recommends deleting the Recommendations in the report of the Director, Community Planning, Etobicoke York District dated March 14, 2016, and replacing them with the Recommendations contained in this report which includes revised draft Official Plan and Zoning By-law Amendments.

Etobicoke York Community Council recommends that:

1.  City Council include the property at 24 Marina Avenue on the City of Toronto's Heritage Register.

2.  City Council state its intention to designate the property at 69 Long Branch Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation):  69 Long Branch Avenue attached as Attachment No. 3 to the report (February 29, 2016) from the Chief Planner and Executive Director, City Planning Division.

3.  City Council state its intention to designate the property at 24 Marina Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation):  24 Marina Avenue attached as Attachment No. 4 to the report (February 29, 2016) from the Chief Planner and Executive Director, City Planning Division.

4.  If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

5.  If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designations to the Conservation Review Board.

6.  If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designations of the properties.

This report recommends that City Council state its intention to designate the properties at 69 Long Branch Avenue and 24 Marina Avenue, under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value and include the property at 24 Marina Avenue on the City of Toronto Heritage Register.  The property at 69 Long Branch Avenue was listed on the Heritage Register in 2006 and contains the former St. Agnes' Church, a gable-roofed church building with a spire, and a flat-roofed narthex (entry).  The property at 24 Marina Avenue contains a gable-roofed, two-storey rectory.   A flat-roofed block including the chapel and office spans both properties linking the church and rectory.  All were completed in 1958 and are located at the north-east corner of Long Branch Avenue and Marina Avenue.  

Following research and evaluation, staff have determined that the properties at 69 Long Branch Avenue and 24 Marina Avenue meet Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under the Ontario Heritage Act that is also used by the City when evaluating properties for inclusion on the Heritage Register.

The Toronto Preservation Board on March 24, 2016, considered the following:

1.         Report (February 29, 2016) from Chief Planner and Executive Director, City Planning Division, regarding Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 69 Long Branch Avenue and 24 Marina Avenue.

2.         Communication (March 23, 2016) Letter from Gil Shcolyar (PB.New.13.4.1)

(http://www.toronto.ca/legdocs/mmis/2016/pb/comm/communicationfile-59613.pdf)

Etobicoke York Community Council recommends that:

1.  City Council grant the request for a permit to remove one (1) City-owned tree located at 22 Edenbrook Hill, with a condition that the applicant provide payment of the appraised value of the tree and provide tree planting security deposit for two (2) replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.

City Council on March 10, 2016, referred Item EY12.8 back to the Etobicoke York Community Council for further consideration.

The staff report recommends that City Council deny the application for a permit to remove one (1) City-owned tree located at the front of 22 Edenbrook Hill. The applicant is requesting removal to address concerns that the tree is creating a sightline obstruction and is interfering with hydro wires.

The subject tree is a Colorado blue spruce (Picea pungens) measuring 21 cm in diameter. Urban Forestry does not support removal of this tree as it is healthy and maintainable.

Etobicoke York Community Council recommends that:

1.  City Council grant the request for a permit to remove one (1) privately-owned tree located at 41 Hallow Crescent, with a condition that the owner provide five (5) replacement trees which can be achieved in a combination of on-site planting and cash-in-lieu of planting.

This report requests that City Council deny the application for a permit to remove one (1) privately-owned tree located at the front of 41 Hallow Crescent. The applicant is requesting removal to address concerns that the tree is negatively impacting the foundation of an existing home, sewer pipes and adjacent driveway.

The subject tree is a Colorado blue spruce (Picea pungens var. glauca) measuring 57 cm in diameter. Urban Forestry does not support removal of this tree as it is healthy and maintainable.

Etobicoke York Community Council recommends that:

1.  City Council deny the request for a permit to remove one (1) privately-owned tree located at 9 Sunnydale Drive.

This report requests that City Council deny the application for a permit to remove one (1) privately-owned tree located at 9 Sunnydale Drive. The application indicates the reason for removal is to address the concern that the tree is too large for the property and that it is losing branches at an alarming rate.

The subject tree is a honey locust (Gleditsia triacanthos) measuring 44 cm in diameter. Urban Forestry does not support removal of this tree as the tree is currently in good condition both structurally and botanically.

Etobicoke York Community Council recommends that:

1.  City Council approve designating a one-way traffic lane anytime regulation for the northerly westbound lane on Dundas Street West, between East Mall Crescent and a point 30.5 metres east, in the westbound right-turning direction, buses exempted.

The purpose of this report is to obtain approval for the installation of a one-way traffic lane anytime regulation for the northerly westbound lane on Dundas Street West, between East Mall Crescent and a point 30.5 metres east, in the westbound right-turning direction, buses exempted.

It is appropriate to install an exclusive westbound right turn lane based on the existing lane configuration and our observations.

Since the Toronto Transit Commission (TTC) operates transit service on Dundas Street West, City Council approval of this report is required.

Etobicoke York Community Council recommends that:

1.  City Council rescind the westbound left-turn prohibition in effect at all times at John Street and Weston Road.

2.  City Council rescind the southbound left-turn prohibition in effect at all times at Weston Road and Lawrence Avenue West.

The purpose of this report is to obtain approval to remove the "No Left Turn" prohibition for westbound traffic on John Street at Weston Road and for southbound traffic on Weston Road at Lawrence Avenue West.

The deletions of the westbound left turn prohibition on John Street at Weston Road and southbound left turn prohibition on Weston Road at Lawrence Avenue West will provide residents living on and near John Street, signalized access to the major arterial roads of Lawrence Avenue West and Weston Road, without unduly impacting the operation of the intersections.

Since the Toronto Transit Commission (TTC) provides service on Weston Road, City Council approval of this report is required.

Etobicoke York Community Council recommends that:

The purpose of this report is to obtain approval to prohibit southbound left-turns from Runnymede Road onto Maria Street between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday.

This proposed turn restriction addresses concerns from area residents with respect to transient (short-cut) traffic on Maria Street.

As Runnymede Road is a transit route, this matter requires the approval of City Council. Toronto Transit Commission (TTC) staff has been advised of the issue and have not objected to the recommendations.

Etobicoke York Community Council recommends that:

1.  City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880- Fire Routes:

-  10 Old Mill Trail

-  2141 Kipling Avenue.

2.  City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

Etobicoke York Community Council, under its delegated authority, declared for liquor licensing purposes, the following event to be of municipal significance, and directed that the Alcohol and Gaming Commission of Ontario be advised that the Community Council has no objection to it taking place:

1. The Annual Grenada Day Community Festival, to be held at Coronation Park, 2700 Eglinton Avenue West, on August 20, 2016, from 10:00 a.m. to 11:00 p.m.

Seeking endorsement of various events for liquor licensing purposes.

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board hearing for Case # PL151212 to support the Committee of Adjustment’s refusal of the requested consent and variances for 58 Ash Crescent.

The owners of the land municipally known as 58 Ash Crescent applied to the Committee of Adjustment (COA) to obtain a consent to sever (Application B51/15EYK) and a number of associated minor variances (Applications A463/15EYK & A464/15EYK ) in order to build two new detached two-storey dwellings with attached garages.

There has been a proliferation of consent and variance application in the historic neighbourhood of Long Branch over the past few years. It is a highly desirable area with large, leafy lots, heritage homes, and cottage-country charm, but these lot severances and new modern homes are spoiling that character. I am currently working on Neighbourhood Design Guidelines for Long Branch and have scheduled a meeting for May 17th, but until the guidelines are in place each new approval erodes the integrity of our neighbourhood.

The consent and variances for 58 Ash Cres. are not in keeping with the intent and purpose of the zoning by-law, or the predominant physical character of the street and surrounding neighbourhood. Long Branch residents write letters and attend Committee of Adjustment meetings, but they feel their voices are not being heard when cases reach the Ontario Municipal Board.

On November 19th, 2015, the Committee refused the consent and minor variances for 58 Ash Crescent. The Committee of Adjustment’s decision has been appealed to the Ontario Municipal Board (Case Number: PL151212), and is scheduled for July 4th, 2016.

The neighbouring property, 56 Ash Crescent was approved by the Committee of Adjustment. The decision to approve 56 Ash Cres. is inconsistent with previous rulings on the same street. The Ontario Municipal Board case for 56 Ash Crescent (Case Number: PL160151) will also be heard on July 4th, 2016. I have since put in a motion to have City staff attend the Ontario Municipal Board meeting for 56 Ash Crescent (http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.EY11.53).

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board hearing for 2504 Lake Shore Boulevard to support the Committee of Adjustment’s refusal of the requested variances.

The owners of the land municipally known as 2504 Lake Shore Boulevard applied to the Committee of Adjustment for permission to construct a second and third-storey addition over the existing dwelling to convert to a triplex, a front basement walkout, rear balconies and interior renovations.

Along with members of the community I submitted concerns that the variances are not in keeping with the intent and purpose of the zoning by-law, or the existing physical character of the surrounding neighbourhood.

On February 11, 2015, the Committee refused the minor variances.

The Committee of Adjustment’s decision has been appealed to the Ontario Municipal Board, however, a hearing date has not been scheduled.

Etobicoke York Community Council recommends that:

1.  City Council support Blood Brothers Brewing application to the Alcohol and Gaming Commission of Ontario for a bottle shop and tasting room to sell and serve craft beer for consumption by patrons at its location at 165 Geary Avenue, and direct the City Clerk to advise the AGCO accordingly.

Over the past few years, craft brewery tasting rooms have become increasingly popular among urban young professionals throughout North America, including many Canadian provinces. As part of the City’s continued commitment to liquor modernization and consumer choice, the introduction of tasting rooms will allow patrons more opportunities to enjoy local craft beer directly from the manufacturer. 

Brayden and Dustin Jones opened Blood Brothers Brewing in April of 2015 at 344 Westmoreland Avenue North, with the focus of brewing one of a kind one of kind flavours. However, after having outgrown their existing facility, they will be relocating their brewing operation to 165 Geary Avenue commencing April 1, 2015, as this new facility will help accommodate the volume of production and the current accounts they supply.  In addition, as part of their new business they are requesting a bottle shop and tasting room. 

The Alcohol and Gaming Commission of Ontario has provided the opportunity for such a brewery to promote its craft beer by selling it by the glass, a feature officially described by the AGCO as a tasting room. One of the requirements is to have the municipality pass a resolution to approve this operation. Therefore I am asking that City Council approve the recommendation to support their application.

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board to support the March 10, 2016 Committee of Adjustment’s refusal of the requested consent and variances regarding 65 Holyoake Crescent (Application A99/16EYK).

At its hearing Thursday, March 10th, 2016, the Committee of Adjustment did not approve the variance application A99/16EYK respecting 65 Holyoake Crescent to create a second suite in the basement through interior alterations.

The applicant has appealed the decision to the Ontario Municipal Board. The decision of the Committee of Adjustment is attached.

The purpose of this motion is to direct the City Solicitor to defend the Etobicoke York Committee of Adjustment decision at the OMB.

No hearing date has been scheduled.

North York Community Council recommends that:

1. City Council approve the alteration to the heritage property at 172 Finch Avenue West, in accordance with Section 33 of the Ontario Heritage Act, to allow for the relocation of the historic Arthur Waine House to the rear of the designated property in accordance with the "Schedule 'A' Revised Drawings" dated October 19, 2015, prepared by Quadrangle Architects Limited, attached to the OMB decision issued on October 23, 2015, OMB Case No. PL141059; and substantially in accordance with the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2013 and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. that prior to final Site Plan approval for the alteration to the property located at 172 Finch Avenue West the owner shall:

i. enter into a Heritage Easement Agreement with the City for the property at 172 Finch Avenue West in accordance with the plans and drawings dated October 19, 2015, prepared by Quadrangle Architects Limited, attached to the OMB decision issued on October 23, 2015, OMB Case No. PL141059, on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Recommendation 1.a.iii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning Division to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

ii. at its sole cost and expense, register the Heritage Easement Agreement on title to the satisfaction of the City Solicitor;

iii. provide a detailed Conservation Plan prepared by a qualified heritage consultant that includes, but is not limited to, a comprehensive Building Relocation Plan prepared by a qualified engineer and an Interpretation Plan that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 172 Finch Avenue West prepared by ERA Architects Inc. dated May 9, 2013, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iv. provide final site plan drawings related to the approved Conservation Plan required in Recommendation 1.a.iii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning Division to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. that prior to the issuance of any permit for all or any part of the property at 172 Finch Avenue West, including a heritage permit or a building permit but excluding permits for repairs, maintenance and usual and minor works acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

i. have obtained final site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning;

ii. provide full building permit drawings, including notes and specifications for the relocations, conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.iii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning Division, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iii. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan;

c. that prior to the release of the Letter of Credit required in Recommendation 1.b.iii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning Division, the owner shall:

i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the Conservation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

ii. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 172 Finch Avenue West in a form and content satisfactory to the Chief Planner and Executive Director and City Solicitor.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 172 Finch Avenue West.

4. City Council amend By-law No. 1597-2012 under Section 30.1(1) of the Ontario Heritage Act to revise the legal description following the relocation of the Arthur Waine House in accordance with the alterations set out in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning Division.

This report recommends that City Council approve the alterations to the heritage property

at 172 Finch Avenue West under Section 33 of the Ontario Heritage Act as set out in this report.

The application proposes the relocation of the house to the north (rear) portion of the property in conjunction with the redevelopment of the site which includes the adjacent property to the west.

The Toronto Preservation Board on March 24, 2016, considered a report (March 2, 2016) from Chief Planner and Executive Director, City Planning Division, regarding Alteration to a Designated Heritage Property and Authority to Enter into a Heritage Easement Agreement - 172 Finch Avenue West (Arthur Waine House).

North York Community Council recommends that:

1. City Council include the property at 217 Sheldrake Boulevard on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 217 Sheldrake Boulevard under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 217 Sheldrake Boulevard (Reasons for Designation) attached as Attachment No. 3 to the report (February 29, 2016) from the Chief Planner & Executive Director, City Planning Division.

3. If there are no objections to the designation in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

This report recommends that City Council state its intention to designate the property at 217 Sheldrake Boulevard, under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and include the property on the City of Toronto's Heritage Register.  The property contains a one-and-a-half storey house, originally known as the Forsey Page House, dating from 1910, and located on the south side of Sheldrake Boulevard between Yonge Street and Mount Pleasant Road.

Following research and evaluation, staff have determined that the property at 217 Sheldrake Boulevard meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under the Ontario Heritage Act.

The Toronto Preservation Board on March 24, 2016, considered a report (February 29, 2016) from Chief Planner and Executive Director, City Planning Division, regarding Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 217 Sheldrake Boulevard.

North York Community Council recommends that:

1. City Council approve the installation of traffic control signals at the intersection of Bayview Avenue and Brenham Crescent/Private Driveway to 3377 Bayview Avenue.

As the Toronto Transit Commission (TTC) operates a transit service on Bayview Avenue, City Council approval of this report is required.

Transportation Services is requesting approval from City Council to install traffic control signals at the intersection of Bayview Avenue and Brenham Crescent/Private Driveway to 3377 Bayview Avenue. These signals are a condition of the development agreement for 3377 Bayview Avenue (Tyndale University College and Seminary). They are justified based on the anticipated volume of pedestrians crossing Bayview Avenue to access the site and observed pedestrian crossing delay.

North York Community Council recommends that:

1. City Council amend the "No Parking Anytime" regulation on the north side of Gateway Boulevard, between Don Mills Road and a point 189 metres east to be in effect between Don Mills Road and a point 145 metres east.

2. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m., Monday to Friday on the north side of Gateway Boulevard, between a point 145 metres east of Don Mills Road and a point 77 metres further east.

3. City Council prohibit parking from 4:00 p.m., to 8:00 a.m. the next day, Monday to Friday and all times Saturday and Sunday on the north side of Gateway Boulevard, between a point 145 metres east of Don Mills Road and a point 77 metres further east.

4. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m. Monday to Friday on the west side of Gateway Boulevard, between a point 40 metres north of Grenoble Drive (south intersection) and a point 28 metres further north.

5. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m. Monday to Friday on the west side of Gateway Boulevard, between a point 105 metres north of Grenoble Drive (south intersection) and a point 28 metres further north.

6. City Council prohibit parking at all times on the west side of Gateway Boulevard, between Grenoble Drive (south intersection) and a point 40 metres further north.

7. City Council prohibit parking at all times on the west side of Gateway Boulevard, between a point 68 metres north of Grenoble Drive (south intersection) and a point 37 metres further north.

As the Toronto Transit Commission (TTC) operates bus service on Gateway Boulevard, City Council approval of this report is required.

Transportation Services is requesting approval to designate short-term parking in the vicinity of both entrances to Gateway Public School on Gateway Boulevard. Approval is also requested to prohibit parking in the vicinity of the school driveway to address concerns with parked school buses obstructing access.

The proposed amendments to the parking regulations will facilitate convenient student drop-off and pick-up activity at Gateway Public School and improve traffic operations in the vicinity of the school.

North York Community Council recommends that:

1. City Council direct Transportation Services staff to replace the "Do Not Block Driveway" sign adjacent to the driveway with a sign at least 50% larger.

2. City Council direct Transportation Services staff to install a flashing warning sign coordinated with the traffic signals at Bayview and Finch, with a "Driveway Ahead" sign and a "Prepare to Stop When Flashing" sign, as shown on Attachment 2 to the memo (March 16, 2016) from Councillor Shiner, on Finch Avenue East, 15 metres west of Gaspe Road.

3. City Council authorize the appropriate staff to prepare the appropriate bylaw to give effect thereto.

The North York intersection of Bayview Avenue and Finch Avenue East attracts high volumes of traffic during peak hours. Residents of the condominium property at 3181 Bayview Avenue, also known as Palace Gates, have repeatedly expressed safety concerns about the access and egress to their property. A traffic sign currently in place to warn motorists of the driveway access point has been insufficient. This letter recommends installing a larger sign and a flashing warning sign to ensure traffic safety.

North York Community Council recommends that:

1. City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal address set out below, as a fire route pursuant to Municipal Code Chapter 880- Fire Routes:

a. 877 Wilson Avenue

2. City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.  

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

North York Community Council recommends that:

1. City Council approve the Quad Student Residences at York University Public Art Plan, attached as Attachment 1 to the report (March 10, 2016), from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of the Quad Student Residences at York University Public Art Plan. The plan, which is included as Attachment 1 of this report, outlines the method by which the owner will commission public art on a publicly-accessible, privately-owned area of the development site.

This public art plan provides a framework and description of the commissioning of public art including the development overview, project team, public art objectives, art location description, selection process, artist candidates, jury composition, estimated public art budget and the implementation schedule.

The attached plan meets the objectives of City Planning’s Percent for Public Art Guidelines and is supported by the Toronto Public Art Commission.

Scarborough Community Council recommends that:

1.  City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to:

a. allowing for an outside beer garden for the Second Annual Scarborough Community Multicultural Festival, to be held on August 5, 6 and 7, 2016 from 10:00 a.m. to 9:00 p.m., at Scarborough Civic Centre - Albert Campbell Square, 150 Borough Drive; noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way, 

  
b. allowing for an outside beer garden for the 31st Annual Highland Creek Heritage Day Festival, to be held on Saturday, June 18, 2016, from 11:00 a.m. to 11:59 p.m., in the Highland Creek Village in the vicinity of Morrish Road and Old Kingston Road; noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way, and

c. the following restaurants temporarily extending their patios during the Taste of Lawrence Festival on Friday, July 8, 2016 from 6:00 p.m. to 12:00 midnight; on Saturday, July 9, 2016 from 11:00 a.m. to 12:00 midnight; and on Sunday, July 10, 2016 from 11:00 a.m. to 7:00 p.m.:
 
Winner's Bar & Grill – 2181 Lawrence Avenue East 
Diana's Oyster Bar & Grill – 2105 Lawrence Avenue East
The Wexford Restaurant - 2072 Lawrence Avenue East

noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way.

The Toronto and East York Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of common elements condominium for the lands at 538-540 Eglinton Avenue East, as generally illustrated on Attachment 1 to the report from the Director, Community Planning, Toronto and East York District dated March 3, 2016, subject to:

a.  the conditions as generally listed in Attachment 2 to the report (March 3, 2016) from the Director, Community Planning, Toronto and East York District which except as otherwise noted must be fulfilled prior to the final approval and the release of the plan of condominium for registration; and

b.  any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 215-229 Church Street and 117 Dundas Street East and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (March 15, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council authorize City staff to continue discussions with the applicant in order to come to an agreement on an appropriate built form that, among other things, ensures the tower including accommodations for construction does not intrude into the St. Michael's Hospital helicopter flight path and to secure appropriate Section 37 community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.  City Council direct the City Solicitor to request the Ontario Municipal board, in the event the OMB allows the appeal and permits additional height or density, or some variation, to:

a.  Secure the following community benefits with the final allocation determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor's office and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act:

A payment to the City in the amount up to $ 3.9 million based on applications height and density (indexed to reflect increases in the Construction Price Statistics between the date of the OMB Order and the delivery of such payment), for capital improvements in the vicinity of the site for one or more of the following:

i.  Conservation of publicly owned heritage resources and/or including the heritage component of the Seaton House redevelopment project;
ii.  John Innes Community Recreation Centre/Moss Park Arena;
iii.  affordable housing; and,
iv.  community/cultural space.

provided that in the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

b. As a legal convenience, secure the following in the Section 37 Agreement to support the development:

i.  The Owner be required to pay for and construct any improvements to the municipal infrastructure in connection with a Functional Servicing Report as accepted by the City's Executive Director, Engineering and Construction Services should such Director determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Executive Director, Engineering and Construction Services;

c.  Withhold its Order allowing the appeal in whole or in part allowing the Zoning By-law Amendment until:

i.  The Owner has entered into an Agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure appropriate public benefits and the Section 37 Agreement has been registered on title to the site to the satisfaction of the City Solicitor;

ii.  The OMB has been provided with a proposed Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Zoning By-law Amendment is in a form satisfactory to the City; and

iii.  The OMB has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director, Engineering and Construction Services.

4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations in the report (March 15, 2016) report from the Director, Community Planning, Toronto and East York

The Toronto and East York Community Council recommends that:

1.  City Council approve the alterations to the heritage property at 175 Jones Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the alterations to and adaptive re-use of the existing church building on the lands known municipally in the year 2016 as 175 Jones Avenue, with such alterations substantially in accordance with plans and drawings dated February 5, 2016, prepared by Open Architects Inc., date-stamped received by Heritage Preservation Services February 26, 2016, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by Architects Rasch Eckler Associates Ltd., dated July 31, 2015, date-stamped received by City Planning on September 30, 2015, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  That prior to Final Site Plan approval for the alterations to the property located at 175 Jones Avenue the owner shall:

i.  Enter into a Heritage Easement Agreement with the City for the property at 175 Jones Avenue in accordance with the plans and drawings dated February 5, 2016, prepared by Open Architects Inc., date-stamped received by Heritage Preservation Services February 26, 2016, and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Recommendation 1.a.ii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

ii.  Provide a Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 175 Jones Avenue, prepared by Architects Rasch Eckler Associates Ltd., dated July 31, 2015, to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii. Provide final site plan drawings related to the approved Conservation Plan required in Recommendation 1.a.ii in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning to the satisfaction of the Senior Manager, Heritage Preservation Services;

iv. Provide a Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b.  That prior to the issuance of any permit for all or any part of the property at 175 Jones Avenue, including a heritage permit or a building permit, but excluding permits for interior work not affecting the heritage attributes of the property, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services:

i.  Have obtained final site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning;

ii.  Provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.ii in the report (March 2, 2016)  from the Chief Planner and Executive Director, City Planning, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

iv. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan; and

c.  That prior to the release of the Letter of Credit required in Recommendation 1.b.iv in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning, the owner shall:

i.  Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the Conservation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

ii.  Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 175 Jones Avenue in a form and content satisfactory to the Chief Planner and Executive Director and City Solicitor.

3.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a heritage easement agreement for the property at 175 Jones Avenue.

The Toronto and East York Community Council recommends that:

1.  City Council approve the alterations to the heritage properties at 650, 658 and 660 Broadview Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new addition on the lands known municipally in the year 2016 as 650, 658 and 660 Broadview Avenue, with such alterations substantially in accordance with plans and drawings dated February 10, 2016, prepared by Montgomery Sisam Architects Inc, date-stamped received by Heritage Preservation Services February 19, 2016, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by Goldsmith Borgal & Company Ltd. Architects, dated October 21, 2015, date-stamped received by City Planning on November 27, 2015, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  That prior to Final Site Plan approval for the alterations to the properties located at 650, 658 and 660 Broadview the owner shall:

i.  Provide a Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 650, 658 and 660 Broadview Avenue, prepared by Goldsmith Borgal & Company Ltd. Architects, dated October 21, 2015, to the satisfaction of the Senior Manager, Heritage Preservation Services;

ii.  Provide final site plan drawings related to the approved Conservation Plan required in Recommendation 1.a.i in the report  (March 2, 2016) from the Chief Planner and Executive Director, City Planning to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  Provide a Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b.  That prior to the issuance of any permit for all or any part of the properties at 650, 658 and 660 Broadview Avenue, including a heritage permit or a building permit, but excluding permits for interior work not affecting the heritage attributes of the property, repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services;

i.  Have obtained final site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning; and

ii.  Provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.i in the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council state its intention to designate the property at 650 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 650 Broadview Avenue (Reasons for Designation) attached as Attachment 7 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning.

3.  City Council state its intention to designate the property at 658 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 658 Broadview Avenue (Reasons for Designation) attached as Attachment 8 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning.

4.  City Council state its intention to designate the property at 660 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 660 Broadview Avenue (Reasons for Designation) attached as Attachment 9 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning .

5.  If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the properties at 650, 658 and 660 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act.

6.  If there are objections to the designations in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designations to the Conservation Review Board.

7.  If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the properties at 650, 658 and 660 Broadview Avenue.

Abell Investments Limited ("Abell") and the City of Toronto (the "City") entered into a section 37 agreement (the "agreement") on July 12, 2012, which was registered on April 13, 2015, as Instrument No. AT3855798, in respect of lands municipally known as 48 Abell Street, Toronto.

The section 37 agreement provides as follows:

3.1.1 The Owner shall enter into an agreement to sell approximately six (6) at-grade workshops fronting on the mews (approximately 430 square metres) to the City, or an art-space management organization acceptable to the City, at $250.00 per square foot, indexed to the construction price index from July 17, 2007; and

3.1.2 The agreement referred to in subsection 3.1.1 above shall include an option for the City to purchase additional at-grade workshops in the mixed use building fronting on the mews for affordable arts-related space at market rates of $350.00 per square foot, indexed to the construction price index from July 17, 2007.

It is necessary that City Planning report to City Council for instruction on whether the workshop space should be acquired by the City.

On March 8, 2016 the Toronto and East York Committee of Adjustment heard an application at 112 Harbord Street.

This application proposed to sever the site into four separate lots, and convert each of these lots into 3-storey mixed-use sites, with commercial/retail below grade.

City Planning's Report notes that the application will create substandard lots, inappropriate densities, and would represent overdevelopment of the property. 

Heritage Preservation Services also expressed concern in their Report to the Committee related to the site's adjacency to the Harbord Village Heritage Conservation District (Phase 2).

The Harbord Village Residents' Association and I also wrote letters requesting refusal of the application because it would be inappropriate for its planning context and would represent overdevelopment of the site.

The application was refused by the Toronto and East York Committee of Adjustment.

The Ontario Municipal Board will be considering an appeal to this decision by the Committee of Adjustment on a date yet to be determined.

This Motion would direct the City Solicitor to support the Committee of Adjustment's refusal of the consent and requested variances, and attend at the Ontario Municipal Board hearing along with appropriate staff. 

The City Solicitor recommends that:

1.  Council adopt the confidential instructions to staff in Attachment 1.

2.  Council authorize the public release of the recommendations in Attachment 1 if adopted, with the remainder of Attachment 1 and all of Attachment 2 to remain confidential, at the discretion of the City Solicitor.

This application proposes to amend the former City of North York Zoning By-law No. 7625 to permit a mixed use building containing 374 residential dwelling units and 1,379m2 of retail floor space at 3130 Dufferin Street.  The application proposes a 12-storey building element abutting Dufferin Street, a 6-storey building component abutting Apex Road, a 24-storey tower situated internally to the site (in the southwest corner) and a 6-storey building element connecting the 24-storey and 12-storey towers.  With 45,814m2 of gross floor area, the application proposes a Floor Space Index of 5.84.

The applicant has appealed the proposed Zoning By-law Amendment application to the Ontario Municipal Board (OMB), citing Council's lack of decision on the application within the time frame specified in the Planning Act.  A two week hearing before the OMB is set to begin on June 13, 2016.