Agenda

- O Canada

- Moment of Silence

- Declarations of Interest under the Municipal Conflict of Interest Act

City Council will confirm the Minutes from the meeting held on July 12, 13, 14 and 15, 2016.

Deferred Committee Item:

 Executive Committee Item EX16.43

Report of the Executive Committee from Meeting 17 on September 22, 2016

Submitted by Mayor John Tory, Chair

Report of the Civic Appointments Committee from Meeting 13 on September 26, 2016

Submitted by Deputy Mayor Denzil Minnan-Wong, Chair

Report of the Community Development and Recreation Committee from Meeting 14 on September 20, 2016

Submitted by Councillor James Pasternak, Chair

Report of the Economic Development Committee from Meeting 14 on September 19, 2016

Submitted by Councillor Michael Thompson, Chair

Report of the Government Management Committee from Meeting 14 on September 6, 2016

Submitted by Councillor Paul Ainslie, Chair

Report of the Licensing and Standards Committee from Meeting 13 on September 21, 2016

Submitted by Councillor Cesar Palacio, Chair

Report of the Parks and Environment Committee from Meeting 13 on September 9, 2016

Submitted by Councillor Michelle Holland, Chair

Report of the Planning and Growth Management Committee from Meeting 14 on September 8, 2016

Submitted by Councillor David Shiner, Chair

Report of the Public Works and Infrastructure Committee from Meeting 15 on September 27, 2016

Submitted by Councillor Jaye Robinson, Chair

Report of the Etobicoke York Community Council from Meeting 16 on September 7, 2016

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 16 on September 12, 2016

Submitted by Councillor Maria Augimeri, Chair

Report of the Scarborough Community Council from Meeting 16 on September 7, 2016

Submitted by Councillor Chin Lee, Chair

Report of the Toronto and East York Community Council from Meeting 18 on September 7, 2016

Submitted by Councillor Mike Layton, Chair

New Business and Business Previously Requested submitted by City Officials 

Members of Council may file petitions.

Various presentations and announcements will be made at the City Council meeting.

City Council will review the Order Paper.

Councillor Mary-Margaret McMahon has submitted the following Administrative Inquiry:

"Zoning By-law 138-2003 (also known as the Shelter By-law) set out four requirements for the location of a new homeless shelter in the City of Toronto. Section 2 (iv) of this By-law stipulated that City Council must approve the location of a shelter.

On appeal to the Ontario Municipal Board in 2004 section 2 (iv) was struck down. The OMB stated that “Section 2(iv) requiring that the City Council approve a municipal shelter, including its location is a redundancy….the board rejects all of the attempts to justify the inclusion of this provision…The Board also finds that such a provision has repeatedly been rejected by the courts as discriminatory, and an illegal or inappropriate use of zoning powers accorded municipalities.”

Despite the harsh rejection of section 2(iv) by the OMB, for the last 12 years it has remained on the City’s website, been used by City staff and adhered to by City Council.

I am requesting answers to the follow questions:

1.  Why was this judgment not followed by the City of Toronto for 12 years?

2.  Will the City of Toronto stop the discriminatory and illegal process of requiring Council approval for shelter locations immediately?

3.  What are the impacts of the City not following the OMB's judgement in this case?"

The Executive Committee recommends that:

1.  City Council approve the following amendments to the Muzik Clubs Lease and any other terms that may be required by the Chief Executive Officer and City Solicitor, on the condition that Muzik Clubs also agrees to amend the Muzik Clubs Lease to allow the removal of the Garden of the Greek Gods (referred to in the Lease as the "Existing Statuary") from the Leased Premises at the Board's expense:

a.  amend sections 5.1 and 5.2 of the Muzik Clubs Lease to allow Muzik Clubs to host banquets provided that if Muzik Clubs, in any one year, contracts to hold more than thirty (30) banquets, Muzik Clubs will provide notice to the Liberty Grand Entertainment Group ("Liberty"), and Liberty will have the right to cater such banquets, in accordance with Liberty’s price listing so that the amended sections of the Muzik Clubs Lease will be substantiality as provided in Appendix "A" of the report (June 14, 2016) from the Chief Executive Officer, Exhibition Place.

2.  City Council authorize the Board of Governors to:

a.  confirm in writing to Muzik Clubs Inc. that, in respect of trade and consumer shows, although the prohibition in the Muzik Clubs Lease will remain, the current practice of the Landlord allowing Muzik Clubs to host occasional trade and consumer shows with the prior consent of the Landlord in appropriate circumstances and in the Landlord's sole discretion will continue, provided that as a condition for this ongoing cooperation, Muzik Clubs Inc. must refrain from marketing itself as a venue for trade and consumer shows, or any other uses not permitted by the terms of the Muzik Clubs Lease; and

b.  establish a procedure whereby any consent will be submitted to the Business Development Committee and then to the Board of Governors for approval, provided however that in the case of urgent matters, the Chief Executive Officer of Exhibition Place will have the authority to give or withhold consent.

3.  City Council direct that Confidential Attachment 1 of the report (June 14, 2016) from the Chief Executive Officer, Exhibition Place remain confidential as it contains advice and information that is subject to solicitor-client privilege.

This report provides information in relation to the lease agreement between the Board of Governors of Exhibition Place and Hypnotic Clubs Inc. (successor to Muzik Clubs Inc.) (the "Muzik Clubs Lease") and other leases for the grounds. Specifically, it recommends amendments to the "Use" provisions in the Muzik Clubs Lease.  Leases with terms that are longer than four (4) years are approved by both the Board of Governors and City Council and the Muzik Clubs Lease which is 20 years falls into this category.  Revisions to the "Use" clauses in the Muzik Clubs Lease would be considered an amendment to a substantive term that would have been part of the terms in the Letter of Intent for the Muzik Clubs Lease approved by City Council.

The Executive Committee recommends that:

1.  City Council request the Chief Planner and Executive Director, City Planning to initiate Official Plan Amendments for both the Railway Lands West and Railway Lands Central Secondary Plans, informed by community and stakeholder consultation, to provide a planning framework for park use over the rail corridor.

2.  City Council request the Chief Planner and Executive Director, City Planning to initiate amendments to the applicable Zoning By-laws as necessary to implement the Official Plan Amendments for both the Railway Lands West and Railway Lands Central Secondary Plans.

3.  City Council request the Deputy City Manager, Cluster B, in consultation with the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer, report back in 2017 with an Implementation Strategy for a major park space above the rail corridor between Bathurst Street and Blue Jays Way ("Rail Deck Park") which addresses the following:

a.  feasibility and options for securing air rights above the rail corridor for the purposes of parkland development;

b.  Class 4 cost estimates and phasing options for development and construction of Rail Deck Park;

c.  funding options, with an emphasis on growth-related revenue sources that minimize debt-financing requirements for Rail Deck Park;

d.  partnership strategy to encourage corporate and community partners to participate in the planning and funding for the construction, programming, operations and maintenance of Rail Deck Park; and

e.  assess opportunities to create an implementation strategy to create new connections to Rail Deck Park, including the Green Line along the hydro lands and the northern and southern extensions of the West Toronto Railpath, for the purpose of creating an inter-connected network of parks, including feasibility and funding options

4.  City Council approve a Rail Deck Park capital project with a project cost of $2.423 million be created within the Corporate Initiatives Capital Program with cash flow approvals of $78,000 in 2016 and $2.345 million in 2017, funded through the following adjustments:

a.  $400,000 transfer of 2017 approved cash flow from the City Planning Growth Studies capital project, with $360,000 in Development Charge funding and the remaining $40,000 Capital from Current (CFC) funded;

b.  $1,200,000 funding from the Section 42 reserve fund (XR2209);

c.  $202,300 funding from Development Charges (XR2114); and

d.  $621,000 in Capital from Current (CFC) funding available from closed capital projects.

5.  City Council request the Deputy City Manager and Chief Financial Officer to review the eligible growth related funds for the funding requirements in Recommendation 4, and report back as part of the 2017 Budget process on necessary funding adjustments.

6.  City Council approve an increase to the 2016 Operating Budget of $78,000 gross and $0 net, and an increase of 7 temporary positions, fully funded from a contribution from the Rail Deck Park capital project, between the following City Programs:

a.  $41,000 gross and $0 net increase in City Planning's Operating Budget for 2016 part year funding of 4 new positions;

b.  $25,000 gross and $0 net increase in Legal Services' Operating Budget for 2016 part year funding of 2 new positions; and

c.  $12,000 gross and $0 net increase in Parks, Forestry and Recreation's Operating Budget for 2016 part year funding of 1 new position.

7. City Council request the City Manager to review opportunities to use staff within the existing complement of the Waterfront Secretariat, City Planning, Legal Services, and Parks Forestry and Recreation to work with the consultant team to execute the proposed work plan for the Rail Deck Park.

8.  City Council request the Deputy City Manager, Cluster B and the Deputy City Manager, Cluster A, in consultation with the Deputy City Manager and Chief Financial Officer, to ensure that the Rail Deck Park Implementation Strategy be developed consistent with the principles and directions of the Parks and Recreation Facilities Master Plan and that this be addressed as a part of the report to Council in 2017.

The Deputy City Manager, Cluster B and the Chief Planner and Executive Director, City Planning gave a presentation on Rail Deck Park.

This report seeks Council direction to initiate planning for a significant new park over the rail corridor between Bathurst Street and Blue Jays Way called "Rail Deck Park." It outlines a proposed work plan, to be completed by the end of 2017, for (i) Official Plan Amendments to establish a park above the rail corridor and (ii) an Implementation Strategy for Rail Deck Park.

Rail Deck Park is an ambitious civic infrastructure project. If fully realized, it will involve the development of approximately 8.5 hectares (21 acres) of new park and open space in the heart of Toronto. It has the potential to significantly alter the western area of Downtown by connecting neighbourhoods currently divided by the rail corridor. The park will serve as a city-wide asset accessible to all Torontonians. It will be a high-profile visitor attraction, comparable to large urban parks in other major cities. Based on precedent projects elsewhere in North America, Rail Deck Park is anticipated to generate economic, social and environmental benefits.

Downtown Toronto is currently home to approximately 250,000 residents, increasing to more than 830,000 when daytime employment and tourism-related populations are included. Downtown has grown strongly over the past twenty-five years and this growth is accelerating.  Between 1991 and 2016, Downtown grew by about 122,000 residents, with approximately 50,000 of that growth occurring in the past five years alone. By 2041, the Downtown population is projected to more than double from 2011 levels (increasing from 200,000 to 475,000 residents), representing a potential of 158,000 new residential units. Recent trends indicate that the Downtown could realize even more growth than anticipated.

Addressing the shortage of parks in the Downtown area is a priority infrastructure need, most recently identified in the City's "TOcore: Planning Downtown" study. Existing parks and open space in Downtown Toronto is increasingly strained by rapid residential and employment growth in the core. Downtown has been identified among the areas with the lowest levels of park provision in the city and expected growth will compound this issue over the coming decades. New parkland is required to support future development in the Downtown area. If this cannot be achieved, it may be necessary for the City to reconsider the pace and amount of future development in the Downtown. Balancing growth and infrastructure provision in the Downtown will be comprehensively addressed through TOcore.

The rail corridor is the last opportunity to secure space for a major park to serve the Downtown area. Through the advancement of the work plan described in this report, staff will identify options to enhance growth-oriented revenues so that local development activity can fund a significant portion of the Rail Deck Park project.

A cross-divisional project team will be tasked with implementing a proposed work plan for Rail Deck Park. A corporate structure will be established, involving a number of City divisions, to ensure long-term capacity and a comprehensive approach to project management. The Deputy City Manager, Cluster B will be the corporate lead for the project team and City Planning will provide project coordination support. As necessary, external consultants will be engaged to provide expertise for components of the work plan. This report identifies a budget of $2.423 million to support the first phase of work on the Rail Deck Park project in 2017.

Official Plan Amendments (OPAs) to the Railway Lands Central and Railway Lands West Secondary Plans will be initiated to support development of a park above the rail corridor. Consultations will be undertaken to solicit public input to the OPAs. Planning policies for the rail corridor will give consideration to enhanced transportation connectivity between adjacent neighbourhoods and the opportunity for a potential Regional Express Rail station at Spadina Avenue and Front Street and appropriate facilities to access the rail corridor.

The project team will also undertake development of a comprehensive Implementation Strategy for Rail Deck Park that includes real estate analysis and engagement with property owners; structural design and engineering analysis, including a design concept and phasing options; financial analysis, including detailed project costs and potential funding sources; and a partnership strategy to support community and corporate involvement in the development and funding of the park, including programming, operations and maintenance.

In order to determine the feasibility of the Rail Deck Park proposal, the Implementation Strategy will address project costs, appropriate funding options, permissions and/or agreements with property owners and various technical and design considerations.

This report provides initial information concerning comparable projects and development typologies to support discussion regarding potential costs. Further analysis will be undertaken through the Implementation Strategy which will support development of a Class 4 cost estimate (i.e., based on 10 percent or greater design). Any cost figures used prior to the completion of this due diligence work are for illustrative purposes only.

Given the significant development projected for the Downtown, growth-oriented revenues will be targeted as the primary funding source for Rail Deck Park. Through the Implementation Strategy, staff will analyze cash-in-lieu of parkland dedication ("Section 42") funds, Section 37 benefits, Development Charges as well as other options to support Rail Deck Park. The analysis will also consider partnership funding opportunities including donations and sponsorships and grant funding from other orders of government for capital and long-term programming, operations and maintenance costs.

The Implementation Strategy will be developed with substantial public and stakeholder involvement. In addition to engaging with the rail companies and other parties with property interests in the rail corridor, input will be gathered from local resident associations, Business Improvement Areas, parks users, adjacent landowners and the broader public. The project team will seek out new ideas for the design and operations of Rail Deck Park through workshops, stakeholder and special interest group engagement, town hall forums and other tactics. A key focus will be bringing together the broad range of stakeholders, from potential corporate sponsors, foundations and other philanthropic organizations to design experts and community groups to advance Rail Deck Park as a partnership-based city building project.

Staff will report back to City Council in 2017 with an update and for approval of the proposed Official Plan Amendments and the Rail Deck Park Implementation Strategy.

The Executive Committee recommends that:

1.  City Council assign the Integrity Commissioner the duty to receive, assess and refer complaints of harassment/discrimination involving the City Manager, City Clerk and City Solicitor to external consultants, and when appropriate, provide the results of investigations to City Council for action.

2.  City Council, adopt the amended Human Rights and Anti-Harassment/Discrimination Policy in Appendix 1 to the report (September 8, 2016) from the City Manager, which includes the new duties for the Integrity Commissioner and complies with the new provincial legislation.

This report reviews harassment and discrimination inquiries and complaints filed by City of Toronto employees and service recipients to the City's (internal) Human Rights Office (HRO); the Human Rights Tribunal of Ontario (HRTO); and grievance/arbitration in 2015. The report discusses complaint trends and 2015/16 initiatives to advance equity and minimize legislative breaches and penalties.

Of the 287 complaints received by the HRO in 2015 (Table 1), all but 4 of the complaints raised internally were resolved in 2015. The City's internal human rights and equity approach has again resulted in the City incurring no penalties in 2015 from provincial bodies charged with hearing harassment and discrimination complaints, i.e., the Human Rights Tribunal of Ontario, Arbitration, the Ministry of Labour, the Ontario Labour Relations Board.

Table 1 – Harassment/Discrimination Complaints/Grievances/Applications, 2013 - 2015

The most often cited complaint grounds raised to the HRO, similar to previous years' complaint patterns, were: workplace harassment, disability, sex and race (Table 3). City employees filed 73 harassment/discrimination grievances in 2015, most frequently citing workplace harassment (Table 5). Complaint trends in the 34 applications filed by service recipients and employees to the HRTO cited disability and race related grounds most often (Table 7).

The City's Human Rights and Anti-Harassment/Discrimination Policy has been amended to reflect changes to the Occupational Health and Safety Act (OHSA) resulting from Bill 132 which expand employee protections and employer obligations regarding workplace and sexual harassment. To ensure compliance respecting complaints involving staff who report directly to City Council, it is proposed that the Integrity Commissioner's role be expanded to receive complaints involving the City Manager, City Clerk and City Solicitor, in order to provide necessary independence. The Integrity Commissioner's mandate currently includes responsibility for addressing harassment and discrimination involving Members of Toronto City Council and Local Board Appointees under the Code of Conduct.  The Integrity Commissioner has been consulted and is in agreement with the additional duties articulated in section 3.3 of the Policy (Appendix 1).

To support the ability of the Toronto Public Service to appropriately respond to new OHSA obligations and foster inclusive employment practices and service provision, in 2015 the HRO implemented a sexual harassment campaign entitled "Know the Line"; a resource on Racial Harassment and Discrimination and a guide on Resolving Conflict: Preventing Incivility and Workplace Harassment,  as well as supporting the development of Positive Space Toronto to promote an inclusive workplace for LGBTQ2S employees.

In mid-2016 the HRO produced a guideline on Creed Accommodation, which provides advice on how to request and deliver creed-based/religious accommodation under the City's Accommodation Policy.  It is the 5th guideline in a series which includes accommodation guidelines on Disability, Family Status, Gender Identity/Gender Expression and Sex which were published in late 2014. 

For the remainder of 2016, the HRO will focus on preparing the Toronto Public Service to meet Bill 132 obligations through Policy amendments, communications, presentations and implementation of new resources and training.

The Executive Committee recommends that:

1.  City Council approve amending the prohibition clause in Members' Staff severance packages as follows:

a.  upon receipt of a severance, a Members' Staff will be restricted from being rehired by another Member of Council or being hired into the Toronto Public Service for a period equivalent to the length of time the severance payment was based on;

b.  a severed Members' staff will be able to work for another Member of Council or to be hired into the Toronto Public Service during the restriction period if they pay back the severance received; and

c.  a severed Members' staff may defer receipt of their severance for up to three months from the day of termination in order to secure employment with another Member of Council or to continue participation in a Toronto Public Service hiring process.

This report is in response to MM12.9 "Addressing Arbitrary Limitations of Council Staff Severance Packages", adopted by City Council at its meeting in February 2016. The motion directed the City Clerk, in consultation with the City Solicitor and the Executive Director, Human Resources, to report to City Council on options to address the current prohibition clause in severance packages for Council staff.

This report recommends amending the current clause that prohibited Members' staff who have received a severance package from the City to return to work for the City for two years. The new policy would match the prohibition period to the severance package received. In addition, if the employee pays back the severance received, they would be eligible to return to work either for another Member of Council or to be hired into the Toronto Public Service.

The Executive Committee recommends that:

1.  City Council approve the terms and conditions summarized in Confidential Attachment 1 to the report (September 8, 2016) from the City Manager, and authorize the Mayor to enter into a Transfer Payment Agreement with the Government of Ontario and the Toronto Atmospheric Fund for a provincial endowment of $17 million, and authorize the City Manager to resolve any outstanding issues.

2.  City Council approve the Toronto Atmospheric Fund's registration and use under the Business Names Act (Ontario) of "The Atmospheric Fund" as its operating name (with its legal name remaining Toronto Atmospheric Fund), to accommodate an expanded mandate to the broader Greater Toronto and Hamilton Area.

3.  City Council authorize the Toronto Atmospheric Fund to obtain a Line of Credit of up to $2 million secured by the provincial endowment once the funds are received and subject to provincial approval.

4.  City Council authorize the City Manager, in consultation with the Toronto Atmospheric Fund, to amend, as required, the Toronto Atmospheric Fund Relationship Framework to align with the Transfer Payment Agreement and City Council's decisions, in a form satisfactory to the City Solicitor.        

5.  City Council request the Province of Ontario to pass a regulation under the Broader Public Sector Accountability Act to exempt the Toronto Atmospheric Fund from provincial accountability requirements given that it is subject to equally or more stringent City of Toronto requirements.

6.  City Council authorize the public release of the confidential information in Confidential Attachment 1 to the report (September 8, 2016) from the City Manager, once the Transfer Payment Agreement is executed between the Government of Ontario, the Toronto Atmospheric Fund and the City of Toronto.

7.  City Council request the Government of Ontario to amend subsections 11(8) and (9) of the Toronto Atmospheric Fund Act to authorize the Toronto Atmospheric Fund to undertake financial commitments, liabilities or contractual obligations that extend beyond the term of any City Council.

8.  City Council authorize the Toronto Atmospheric Fund, as an interim step to Recommendation 7, to undertake financial commitments, liabilities and contractual obligations for up to six months beyond the 2014 to 2018 term of City Council, for which transactions are to be calculated as part of the City's debt and financial obligation limit under Subsection 11(8) of the Toronto Atmospheric Fund Act.

At the request of the Board of the Toronto Atmospheric Fund (TAF) and a proposal from the Province of Ontario, the City Manager is seeking City Council approval to execute a Transfer Payment Agreement (TPA) with the Government of Ontario, the City of Toronto and TAF for a $17 million endowment. This report seeks approval of the terms and conditions for the TPA found in Confidential Attachment 1, authority for the Mayor to execute the TPA on behalf of the City of Toronto. Furthermore, the report seeks authority for the City Manager to resolve any outstanding issues and finalize the agreement.

The provincial endowment will enhance TAF's work in the City of Toronto, and expand the agency's urban climate solutions mandate to the Greater Toronto and Hamilton Area (GTHA). The provincial endowment recognizes and leverages the City of Toronto's leadership and vision in creating an agency dedicated to addressing climate change 25 years ago. The funds will enable TAF to demonstrate innovative regional solutions towards municipal and provincial greenhouse gas reduction targets, while contributing to regional health and prosperity.

The TPA establishes scope and expectations, replicates the City endowment model where the proceeds from investing the endowment funds the Agency's annual operating costs, and protects City, TAF and provincial interests. The terms of the TPA preserve TAF's accountability and obligations to the City of Toronto for the original City endowment, restrict the use of the City endowment to TAF's original mandate, and protect TAF's assets (and the City's residual interest in the fund) from net incremental costs or negative impacts that may arise from operating in the broader GTHA.

To implement the TPA, City Council authority to broaden TAF's mandate and change its operating name to "The Atmospheric Fund" in recognition of its expansion to the GTHA is required. The report also seeks authority to request legislative change to enable TAF to undertake transactions that go beyond the Council term given TAF's long-term investment horizon. Lastly, to ensure that TAF is not subject to duplicative accountability requirements, the report also seeks authority to request a regulation from the Province of Ontario to exempt the agency from certain provincial provisions.

The composition and governance structure of the TAF Board remains unchanged. The confidential terms and conditions note a governance change to a TAF Committee to improve capacity in meeting the expanded mandate to the GTHA. However, the Province of Ontario entrusts the management of the provincial Funds to the City-appointed TAF Board with certain reporting, communication and performance standards, as set out in the Transfer Payment Agreement.

The Executive Committee recommends that:  

1.  City Council approve the Procedures By-laws for the Civic Theatres Toronto, Hummingbird (Sony) Centre for the Performing Arts, the St. Lawrence Centre for the Arts and the Toronto Centre for the Arts included in Attachments 1 to 4 in the report (September 8, 2016) from the City Manager. 

2.  City Council request the Boards of Directors of Civic Theatres Toronto, the Hummingbird (Sony) Centre for the Performing Arts, the St. Lawrence Centre for the Arts, and the Toronto Centre for the Arts to:

a.  make available to any member of Council any documents including confidential documents that she or he requests and;

b. permit any member of Council who is not a member of the Board to attend all meetings of the Board including closed meeting sessions.

This report seeks approval for new Procedures By-laws for the Board of Civic Theatres Toronto and the respective boards for each civic theatre - the Hummingbird (Sony) Centre for the Performing Arts, St. Lawrence Centre for the Arts, and the Toronto Centre for the Arts. 

These by-laws were prepared in accordance with Council's April 2011 decision that City agencies receive City Council approval of by-laws that regulate their internal conduct, and EX7.15 Report on the Future of Civic Theatres which requested the Board of Directors of Civic Theatres Toronto (CTT) to develop a procedures by-law.

The Civic Theatres Toronto and the individual civic theatres have been using Toronto Municipal Code, Chapter 27, Council Procedures on an interim basis until their own by-laws could be developed and approved. The Procedures By-laws for the Board of Civic Theatres Toronto and the respective boards for each civic theatre are modeled on Council's Procedure By-law and are the same for each board.

The Executive Committee recommends that:

1.  City Council approve the allocation of up to $2.55 million from the Development Charges Reserve Fund for Subsidized Housing (XR2116) for up to 102 down-payment assistance loans of $25,000.00 to eligible purchasers of housing to be developed on the property currently known as 5131 Sheppard Avenue East, under the terms of the City's Home Ownership Assistance Program.

2.  City Council authorize the Director, Affordable Housing Office, to negotiate, enter into and execute, on behalf of the City, all affordable housing funding agreements, and any security, financing or other documents required with Build Toronto, the affordable housing developer, and any other party deemed necessary to facilitate the funding detailed in this report, on terms and conditions satisfactory to the Director, Affordable Housing Office, in consultation with the Deputy City Manager and Chief Financial Officer, and in a form approved by the City Solicitor.

3.  City Council grant authority to the City Solicitor to execute, postpone, confirm the status of, and discharge any City security documents registered as required by normal business practices.

This report makes recommendations to implement City Council's 2013 direction to deliver 30 percent of the homes at the surplus City site at 5131 Sheppard Avenue East as affordable housing.  The affordable housing plan for this site was developed in collaboration with Build Toronto and the developer, The Daniels Corporation and Diamondcorp, which has purchased the surplus City site.

Financial contributions are proposed to be made from the federal and provincial governments, Build Toronto and the City. Program funding is recommended to come from the new federal/provincial Social Infrastructure Fund and the City's Home Ownership Assistance Program.

The funds will be delivered as down-payment assistance loans to enable up to 102 eligible purchasers to buy one of the estimated 340 new homes to be built.  The affordable homes will be distributed throughout the development.

5131 Sheppard Avenue East is east of Markham Road on the south side of Sheppard Avenue East in Ward 42 Scarborough-Rouge River.

The Executive Committee recommends that:

1.  City Council receive the report (September 8, 2016) from the General Manager, Parks, Forestry and Recreation for information.

Parks Forestry and Recreation is currently developing a Parks and Recreation Facilities Master Plan, as directed through the City Council-adopted 2013-2017 Recreation Service Plan (2012) and Parks Plan 2013-2017 (2013).  The Parks and Recreation Facilities Master Plan will update the Recreation Facilities Report, which has successfully guided major recreation infrastructure development since 2004.

The Parks and Recreation Facilities Master Plan will prioritize investment in parks and recreation facilities over the next 20 years to ensure that residents have continued access to high quality parks and recreation facilities.  The Parks and Recreation Facilities Master Plan will guide the location and creation of new parks and recreation facilities, the renewal of existing facilities, and recommend strategies to optimize the use of facilities in order to best meet local and City-wide needs.

The Parks and Recreation Facilities Master Plan development is being informed through a comprehensive process that considers demographic data, the condition and utilization of City facilities, recreation and leisure trends, legislation such as the Accessibility for Ontarians with Disabilities Act, as well as public and stakeholder input gathered through extensive engagement. The Parks and Recreation Facilities Master Plan will include implementation and financial strategies to support long-term success. The Plan will be reviewed every five years and updated based on progress, current data and emerging needs.

The purpose of this report is to provide an overview on the progress of the project, to provide a summary of consultation findings to date, to introduce guiding principles and emerging directions for the Parks and Recreation Facilities Master Plan, and to outline planned consultation activities that will take place in Fall 2016. The final Parks and Recreation Facility Master Plan Report will be submitted to City Council in Spring 2017.

The Executive Committee recommends that:

1.  City Council request the City Manager in collaboration with Toronto Building, Municipal Licensing and Standards, City Planning, Social Development and Finance Administration, Shelter Support and Housing Administration and 311 to consider the development of online resources to provide condominium dwellers with information on City services and currently available resources.  

2.  City Council request that the Chief Planner and Executive Director, City Planning in consultation with Toronto Building, Municipal Licensing and Standards, City Planning, Social Development and Finance Administration, Shelter Support and Housing Administration to leverage existing consultation initiatives in order to inform condominium dwellers of relevant City services and better understand their needs to inform future City policy and planning decisions.

On October 20, 2015, the Executive Committee requested the City Manager in consultation with Municipal Licensing and Standards, Toronto Public Health, City Planning, Legal Services, and Social Development and Finance Administration, to consider the feasibility of Condo Clinics to support Torontonians living in condominiums.   

The Condo Clinic model was introduced in Chicago to provide information to condominium owners, tenants and boards on governance, laws and roles and responsibilities. The Clinics are led by a non-profit membership based organization and are delivered in a single Ward in Chicago (in collaboration with the Ward Alderman). The City of Chicago's administration is not directly involved in the organization and operationalization of the Condo Clinic.

Staff have evaluated the feasibility of the Condo Clinic model to the City of Toronto based on four criteria: Ontario's regulatory framework for condos (including the City's jurisdiction); the effectiveness and efficiency of the model; resource requirements; and the value it would provide to Toronto residents.  

Many of the benefits provided by Condo Clinics are already available to residents of Toronto through a suite of City and Provincial initiatives currently underway. Although a condo clinic model is not supported, it is recommended that the City provide additional support to condominium dwellers with the following complementary initiatives:

-  Develop a web-portal that serves as an online resource for condominium dwellers to access and learn about City services and resources, including how to locate and contact local Councillors; and

-   Leverage existing initiatives to inform condominium dwellers of relevant City services and better understand their needs to inform future City policy and planning decisions.

The Executive Committee recommends that:

1.  City Council delegate authority to the Deputy City Manager, Cluster B, in consultation with the General Manager, Toronto Water and the Acting Medical Officer of Health, Toronto Public Health to designate replacement members for the City of Toronto's two representative positions on the Credit Valley, Toronto and Region and Central Lake Ontario (CTC) Source Protection Committee for the next ten year period, as members on the CTC Source Protection Committee complete their term.

2.  City Council direct the City Clerk to forward the name(s) of the new City of Toronto representatives to the Toronto and Region Conservation Authority, as they are replaced.

The Clean Water Act, directed at protecting the natural sources of Ontario's drinking water, was passed on October 18, 2006. The purpose of the Act is to protect existing and future sources of drinking water.  The Act establishes Source Water Protection Regions in Ontario; and, delegates Conservation Authorities as Source Protection Authorities and requires them to create Source Protection Committees that are expected to implement and monitor the Ontario Ministry of Environment and Climate Change (MOECC) approved Source Water Protection Plan (SWPP) for their region, including updating the Assessment Report, which is the foundation for the SWPP, every five years.

The City of Toronto is within the CTC (Credit Valley, Toronto and Region and Central Lake Ontario) Source Protection Region and has two representatives on the Credit Valley, Toronto and Region and Central Lake Ontario Source Protection Committee: one from Toronto Water and one from Toronto Public Health.

This staff report provides a status update on the Source Water Protection Plan, and requests authorization to replace Toronto's representatives to the Credit Valley, Toronto and Region and Central Lake Ontario Source Protection Committee, for the next ten years from the date of this report.

The Executive Committee recommends that:

1.  Subject to all necessary approvals of the board of Toronto Community Housing Corporation having been obtained, City Council, in its capacity as Shareholder of Toronto Community Housing Corporation (TCHC):

a.  pursuant to Section 7.4.1(a) of the City's Amended and Restated Shareholder Direction to TCHC approve the term sheet substantially in the form attached as Attachment 1 (the Term Sheet) to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer between TCHC as "Borrower" and Ontario Infrastructure and Lands Corporation ("IO") as "Lender" for refinancing totalling $62.1 million in order to address the renewal of 10 TCHC mortgages ("Mortgaged Properties") totalling $23.0 million, as well as obtaining incremental financing of $39.1 million (less transaction costs and legal fees);

b.  authorize the net amount of incremental financing be held in trust by the Lender invested for the Borrower within a separate account (the "Capital Expenditure Investment Account") for release to pay costs of major repairs and maintenance on the Mortgaged Properties as allocated by the Lender in Appendices 2 and 3 (the "Cap-Ex Reserve Funds") of the Term Sheet in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer; and

c.  authorize the Deputy City Manager and Chief Financial Officer or his delegate to execute on behalf of the shareholder an amendment to the agreement among the City, TCHC and IO which will provide for an amended City guarantee for the repayment of all principal and interest payable by TCHC to IO under the 2013, 2014, 2015 and 2016 financing agreements on conditions satisfactory to the Deputy City Manager and Chief Financial Officer or his delegate and in a form approved by the City Solicitor.

2.  City Council deem the foregoing guarantee to be in the interest of the City.

3.  City Council, in its capacity as Service Manager under the Housing Services Act, 2011 (the HSA):

a.  grant Service Manager consent to Toronto Community Housing Corporation (TCHC) pursuant to section 162(2) of the HSA to mortgage those properties described in Appendix 1 of the Term Sheet in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer, that require Service Manager consent to secure the obligations of TCHC to IO described in the Term Sheet;

b.  authorize the Deputy City Manager and Chief Financial Officer or his delegate to execute on behalf of the City as Service Manager an amendment to the agreement among the City, TCHC and IO which will provide for an amended City consent to the lender security over City subsidies payable with respect to the properties mortgaged in favour of IO under the 2013, 2014 and 2015 mortgage financing transactions by including the 2016 mortgaged properties described in the Term Sheet in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer, on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer or such delegate and in a form approved by the City Solicitor; and

c.   authorize the General Manager, Shelter, Support and Housing Administration to:

i.  request all necessary third party waivers, consents or other authorizations which the Service Manager is required to seek in connection with the transactions contemplated by the Term Sheet  in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer; and

ii.  provide the necessary notice to the Minister of Municipal Affairs and Housing pursuant to Section 163 of the HSA.

4.  City Council consent pursuant to subsection 453.1(6) of the City of Toronto Act, 2006 to any mortgage or charge given by Toronto Community Housing Corporation (TCHC) to Ontario Infrastructure and Lands Corporation (IO) with respect to any of the properties described in Appendix 1 to the Term Sheet in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer, and that where required, the City Clerk provide a certificate, in registerable form, pursuant to subsection 453.1(9) of the City of Toronto Act, 2006.

5.  City Council authorize the City Manager or the Deputy City Manager and Chief Financial Officer to execute and deliver such other notices, consents, authorizations, approvals and agreements on behalf of the City as shareholder or Service Manager in order to facilitate the refinancing of the Toronto Community Housing Corporation (TCHC) mortgages on the properties described in the Term Sheet in Attachment 1 to the report (September 14, 2016) from the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer, including, without limitation, amendments to the Operating Agreement between the City and TCHC.

The Executive Committee:

1. Requested the Deputy City Manager, Cluster A and the Deputy City Manager and Chief Financial Officer to report directly to Council with respect to the decisions made by the Board of Directors of Toronto Community Housing Corporation (TCHC) with respect to the refinancing.

There are currently a number of long-term Canada Mortgage and Housing Corporation ("CMHC") mortgages on Toronto Community Housing Corporation ("TCHC") properties that were established in periods when mortgage interest rates were considerably higher than they are today. Until now, TCHC has not been able to refinance these mortgages without incurring substantial prepayment penalties.

However, in mid-July 2016, CMHC established the eligibility guidelines for a new program that will allow certain housing providers to pay out their long-term CMHC mortgages without penalty.  TCHC and Shelter, Support and Housing Administration staff were recently informed that ten of the CMHC mortgages on TCHC properties, with an outstanding principal amount of $23.0 million, have been approved for prepayment without penalty.

TCHC has negotiated refinancing terms with Ontario Infrastructure and Lands Corporation ("IO") that will result in a new 30-year term for these mortgages at the much lower interest rates that prevail today. By extending the repayment term, TCHC will be able to raise the $23.0 million required to repay the existing CMHC mortgages as well as a further $39.1 million in funding that will be used for capital maintenance work on the ten refinanced properties.

These ten properties do not currently receive mortgage subsidies from the City and TCHC is not requesting that mortgage subsidies be provided as part of the refinancing. However, IO has required that the City provide a guarantee for repayment of all principal and interest payable by TCHC to IO under the proposed refinancing agreement.

Approval by the board of directors of TCHC of this refinancing has not yet been obtained. It is anticipated that the board will have considered this matter prior Council meeting on October 5th, 2016.

The Executive Committee recommends that:

1. City Council approve the budget adjustments detailed in Appendix F to the report (September 9, 2016) from the Deputy City Manager and Chief Financial Officer to amend the 2016 Approved Operating Budget between Programs that have no impact to the 2016 Approved Net Operating Budget.

2. City Council direct City Programs and Agencies continue to identify and undertake mitigation strategies to address projected year-end over-expenditures.

The Executive Committee:

1.  Requested the Deputy City Manager and Chief Financial Officer to report directly to City Council on the fee-based portions of City Planning and Toronto Building's operating variances, separate from the tax-based operations.

The purpose of this report is to provide City Council with the City of Toronto Operating Variance for the six month period ended June 30, 2016 and year-end projections.  This report also requests City Council's approval for amendments to the 2016 Approved Operating Budget between Programs that have no impact to the 2016 Approved Net Operating Budget to ensure accuracy of the fiscal accountability and reporting. 

As per the Table 1 indicated below, for the six month period ended June 30, 2016, Tax Supported Operations reported a favourable net variance of $70.164 million or 3.8 percent, and the year-end projected net variance is anticipated to be $35.256 million or 0.9 percent favourable.

Figure 1: Tax Supported Variance Summary ($ Millions)

The favourable year-to-date net variance consists of:

-  Significant contribution from the overachieved revenue in Municipal Land Transfer Tax, due to the increasing market growth which resulted in the greater volume of sales ($41.549 million net).

-  Transportation Services' under-expenditure on winter maintenance, which includes lower than expected number of weather related events requiring ploughing and salting, overall decrease in salt usage due to the mild winter, as well as lower than expected utility cut repair volumes ($16.039 million net).

-  Toronto Building reported a favourable variance primarily due to over-achieved revenue driven by the increased building permit applications ($4.811 million net).

-  City Planning's favourable variance is due to the higher development application review fees as well as robust application volumes in Committee of Adjustment ($4.426 million net).

Current trend is projecting a net favourable year-end variance of $35.256 million or 0.9 percent, which represents a decrease from the second fiscal quarter results. The key drivers for the expected net year-end position is largely due to the following:

-  Over-achieved revenues from the Municipal Land Transfer Tax due to higher than estimated property sales ($54.400 million net).

-  Stronger than anticipated Toronto Parking Authority Corporate Revenues ($4.500 million net).

-  Over-achieved revenue from City Planning due to the increase volume of community planning development review fees ($4.365 million net).

The above mentioned savings are offset by projected over-expenditures in the following areas:

-  A number of Corporate Accounts that are projecting an unfavourable year-end variance which include: Tax Deficiencies/Write offs, Supplementary Taxes, Toronto Hydro Dividend Income and Other Corporate Expenditures ($24.835 million net).

-  Toronto Transit Commission: Conventional service is projecting an unfavourable year-end variance due to fare revenue shortfall as a result of a decline in the ridership volume ($15.007 million net).

-   Fire Services projection of an unfavourable year-end variance is mainly attributed to the increase in WSIB claim payments in 2016 ($4.760 million net).

-  Toronto Transit Commission: Wheel-Trans service is projecting an unfavourable year-end variance due to continuously increasing demand for service, resulting in increased operating costs ($4.616 million net).

-  Transportation Services year-end projection resulted in the unfavourable variance due to the revenue volume shortfall within Utility Cut Repair program as well as permit parking ($3.197 million net).

-  Municipal Licensing and Standards are projecting an unfavourable net variance by year-end. Over-expenditures and lower than planned revenue is primarily due to the partial year implementation of the newly approved Vehicle for Hire (VFH) Ground Transportation Review (GTR) By-Law ($2.934 million net).

-  Fleet Services is projecting an unfavourable year-end variance due to the increased repair costs of the aging vehicles ($0.925 million net).

As noted above, a number of City Programs and Agencies are projecting an unfavourable variance for the year-end, with Toronto Transit Commission - Conventional service representing the most significant unfavourable variance of $15.007 million. Consistent with City's financial management practices and policies, Programs and Agencies projecting an unfavourable year-end variance are required to identify and implement mitigation strategies where possible to address any projected shortfalls.

Figure 2: Rate Supported Net Variance Summary ($ Millions), which includes the six month and year-end projected results.

The year-to-date favourable net variance of $31.015 million is driven by the following:

-  Toronto Water net savings of $21.124 million, comprised of $20.361 million in lower expenditures due to under-spending on salaries and benefits as a result of vacancies, savings in chemicals from unused contingencies, and transfer of bio solids as a result of continued beneficial use of the materials. In addition revenues were above budgeted target by $0.763 million due to the increased demand for new and existing water as well as sewer services.

-  Net savings of $5.643 million in Solid Waste Management Services, largely from salaries and benefits due to unfilled positions, savings from contracted services which include lower hauling costs as well as related delayed payments, and lower recyclable material processing costs due to decreasing volumes.  

-  Over-achieved revenue from Toronto Parking Authority resulting in a favourable net variance of $4.248 million due to increased off-street parking in downtown garages by $3.500 million as well as on street parking by $1.600 million, offset by marginal over-expenditures on property taxes.

Rate Supported Programs are forecasting a favourable year-end net variance of $33.020 million. The primary savings are projected from Toronto Water of $22.035 million, which include under-expenditures on salaries and benefits due to ongoing vacancies, increased revenue of $6.000 million generated from Toronto Parking Authority, and Solid Waste Management Services savings of $4.986 million on complement as well as contracted services.

Figure 3: Summary of 2016 Year-To-Date Approved Complement by Vacancy Rate

Note: Vacancy After Gapping percent is based on Operating Budget positions only.

Figure 4: Summary of 2016 Year-End Approved Complement Projections by Vacancy Rate.

Note: Vacancy After Gapping percent is based on Operating Budget positions only.

-  As of June 30, 2016, the City recorded operating vacancy rate of 2.4 percent after gapping for an approved complement of 51,619.3 operating positions. Year-to-date vacancy rate for capital positions is 19.8 percent for an approved complement of 3,442.8 positions.

-  The year-end forecast for operating vacancy rate after gapping is projected to be 0.6 percent for an approved complement of 51,252.3 operating positions. The forecast for capital positions is projected to be at 4.8 percent vacancy rate for an approved complement of 3,324.8 positions.

The detailed overview of the second fiscal quarter complement is provided in the Approved Complement Section of this report.

The purpose of this report is to provide City Council with the City of Toronto Operating Variance for the six month period ended June 30, 2016 and year-end projections. This report also requests City Council's approval for amendments to the 2016 Approved Operating Budget between Programs that have no impact to the 2016 Approved Net Operating Budget to ensure accuracy of the fiscal accountability and reporting.

As per the Table 1 indicated below, for the six month period ended June 30, 2016, Tax Supported Operations reported a favourable net variance of $70.164 million or 3.8 percent, and the year-end projected net variance is anticipated to be $35.256 million or 0.9 percent favourable.

Figure 1: Tax Supported Variance Summary ($ Millions)

The favourable year-to-date net variance consists of:

- Significant contribution from the overachieved revenue in Municipal Land Transfer Tax, due to the increasing market growth which resulted in the greater volume of sales ($41.549 million net).

- Transportation Services' under-expenditure on winter maintenance, which includes lower than expected number of weather related events requiring ploughing and salting, overall decrease in salt usage due to the mild winter, as well as lower than expected utility cut repair volumes ($16.039 million net).

- Toronto Building reported a favourable variance primarily due to over-achieved revenue driven by the increased building permit applications ($4.811 million net).

- City Planning's favourable variance is due to the higher development application review fees as well as robust application volumes in Committee of Adjustment ($4.426 million net).

Current trend is projecting a net favourable year-end variance of $35.256 million or 0.9%, which represents a decrease from the second fiscal quarter results. The key drivers for the expected net year-end position is largely due to the following:

- Over-achieved revenues from the Municipal Land Transfer Tax due to higher than estimated property sales ($54.400 million net).

- Stronger than anticipated Toronto Parking Authority Corporate Revenues ($4.500 million net).

- Over-achieved revenue from City Planning due to the increase volume of community planning development review fees ($4.365 million net).

The above mentioned savings are offset by projected over-expenditures in the following areas:

- A number of Corporate Accounts that are projecting an unfavourable year-end variance which include: Tax Deficiencies/Write offs, Supplementary Taxes, Toronto Hydro Dividend Income and Other Corporate Expenditures ($24.835 million net).

- Toronto Transit Commission: Conventional service is projecting an unfavourable year-end variance due to fare revenue shortfall as a result of a decline in the ridership volume ($15.007 million net).

- Fire Services projection of an unfavourable year-end variance is mainly attributed to the increase in WSIB claim payments in 2016 ($4.760 million net).

- Toronto Transit Commission: Wheel-Trans service is projecting an unfavourable year-end variance due to continuously increasing demand for service, resulting in increased operating costs ($4.616 million net).

- Transportation Services year-end projection resulted in the unfavourable variance due to the revenue volume shortfall within Utility Cut Repair program as well as permit parking ($3.197 million net).

- Municipal Licensing and Standards are projecting an unfavourable net variance by year-end. Over-expenditures and lower than planned revenue is primarily due to the partial year implementation of the newly approved Vehicle for Hire (VFH) Ground Transportation Review (GTR) By-Law ($2.934 million net).

- Fleet Services is projecting an unfavourable year-end variance due to the increased repair costs of the aging vehicles ($0.925 million net).

As noted above, a number of City Programs and Agencies are projecting an unfavourable variance for the year-end, with Toronto Transit Commission - Conventional service representing the most significant unfavourable variance of $15.007 million. Consistent with City's financial management practices and policies, Programs and Agencies projecting an unfavourable year-end variance are required to identify and implement mitigation strategies where possible to address any projected shortfalls.

Figure 2: Rate Supported Net Variance Summary ($ Millions), which includes the six month and year-end projected results.

The year-to-date favourable net variance of $31.015 million is driven by the following:

- Toronto Water net savings of $21.124 million, comprised of $20.361 million in lower expenditures due to under-spending on salaries and benefits as a result of vacancies, savings in chemicals from unused contingencies, and transfer of bio solids as a result of continued beneficial use of the materials. In addition revenues were above budgeted target by $0.763 million due to the increased demand for new and existing water as well as sewer services.

- Net savings of $5.643 million in Solid Waste Management Services, largely from salaries and benefits due to unfilled positions, savings from contracted services which include lower hauling costs as well as related delayed payments, and lower recyclable material processing costs due to decreasing volumes.

- Over-achieved revenue from Toronto Parking Authority resulting in a favourable net variance of $4.248 million due to increased off-street parking in downtown garages by $3.500 million as well as on street parking by $1.600 million, offset by marginal over-expenditures on property taxes.

Rate Supported Programs are forecasting a favourable year-end net variance of $33.020 million. The primary savings are projected from Toronto Water of $22.035 million, which include under-expenditures on salaries and benefits due to ongoing vacancies, increased revenue of $6.000 million generated from Toronto Parking Authority, and Solid Waste Management Services savings of $4.986 million on complement as well as contracted services.

Figure 3: Summary of 2016 Year-To-Date Approved Complement by Vacancy Rate

Note: Vacancy After Gapping % is based on Operating Budget positions only.

Figure 4: Summary of 2016 Year-End Approved Complement Projections by Vacancy Rate.

Note: Vacancy After Gapping % is based on Operating Budget positions only.

- As of June 30, 2016, the City recorded operating vacancy rate of 2.4 percent after gapping for an approved complement of 51,619.3 operating positions. Year-to-date vacancy rate for capital positions is 19.8 percent for an approved complement of 3,442.8 positions.

- The year-end forecast for operating vacancy rate after gapping is projected to be 0.6 percent for an approved complement of 51,252.3 operating positions. The forecast for capital positions is projected to be at 4.8 percent vacancy rate for an approved complement of 3,324.8 positions.

The detailed overview of the second fiscal quarter complement is provided in the Approved Complement Section of this report.

The purpose of this report is to provide City Council with the City of Toronto Capital Variance for the six month period ended June 30, 2016, as well as projected actual expenditures to December 31, 2016. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2016 Approved Capital Budget.

The report also identifies 50 completed capital projects with a combined budget of $362.110 million that are ready to be closed and have been completed under budget, resulting in savings of $51.442 million that will be returned to their original funding sources, including a savings of $27.759 million in debt funding, $6.030 million in reserve funding, $6.743 million in CFC funding, $5.518 million in recoverable debt and $5.391 million in other funding (third party funding, donations etc.).

Table 1: Six Months and Year-End Projected Spending Rate

The spending pattern for the first six months of 2016 is consistent with prior years as capital activity in the first half of the year is typically more preparatory. As detailed by City Program and Agency in Appendix 1, actual expenditures to year-end are expected to reach $3.501 billion or 74.1 percent of the total 2016 Approved Capital Budget. 19 of 33 City Programs and Agencies are projecting spending in excess of 70 percent by year-end: Tax Supported Programs project a spending rate of 72.1 percent to year-end; while Rate Supported Programs project year-end spending rate of 81.4 percent.

(See Figure 1 titled 2011 - 2016 Capital Budget Spend Rate

in the Summary Section of the report dated August 31, 2016

from the Deputy City Manager and Chief Financial Officer)

The purpose of this report is to seek City Council approval to transfer funds in the amount of $0.200 million from the Construction Hoarding Sign Fee Reserve Fund (XR1219) to the 2016 Economic Development and Culture operating budget in order to allocate it to the Toronto Arts Council (TAC) for the costs of administering the Arts in the Parks program.

The allocation of funding will be directed in the amount of $0.100 million towards the 2016 Toronto Arts Council operating program to pay for park permit fees; and $0.100 million towards the TAC grants program to support artists selected to perform in Toronto's City parks.

This report seeks City Council authority to adjust Shelter, Support and Housing Administration's 2016 Approved Operating Budget.

This adjustment will reflect an increase of $3,243,073 gross, $0 net to the federal Homelessness Partnering Strategy (HPS) program.

This report requests City Council's authority to amend Toronto Water's Approved 2016 Capital Budget and 2017-2025 Capital Plan by adjusting project costs and cash flows contained within the Budget and Plan, respectively, to align forecasted project accelerations and deferrals. Additional reallocations to project cashflows and project costs are requested where recent bid prices or project estimates exceed the current approved cashflow. These reallocations will allow Toronto Water to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2016 Capital Budget and 2017-2025 Capital Plan and will align the 2016 Capital Budget to Toronto Water's capital project delivery schedule and program requirements.

This report requests City Council's authority to amend Transportation Services' Approved 2016 Capital Budget by adjusting cash flows contained within the 2016 Budget to align with project delivery schedule and program requirements. These reallocations will allow Transportation Services to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2016 Transportation Services' Approved Capital Budget.

This report requests City Council's authority to amend Transportation Services' Approved 2016 Capital Budget by adjusting cash flows contained within the 2016 Budget to align with project delivery schedule and program requirements. These reallocations will allow Transportation Services to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2016 Transportation Services' Approved Capital Budget.

This report requests authority to amend the Facilities, Real Estate, Environment and Energy (FREEE) 2016 Approved Capital Budget and 2017-2025 Capital Plan.  The amendments will have zero gross and debt impact corporately and will better align 2016 and future cash flows with Facilities, Real Estate, Environment and Energy program requirements.

This report requests authority to amend the Facilities, Real Estate, Environment and Energy (FREEE) 2016 Approved Capital Budget and 2017-2025 Capital Plan. The amendments will have zero gross and debt impact corporately and will better align 2016 and future cash flows with Facilities, Real Estate, Environment and Energy program requirements.

The Executive Committee recommends that:

1. City Council approve a budget transfer of $39,000 to the Board's 2016 Council-approved operating budget from the City's non-program operating budget, with no incremental cost to the City, to fund the cost of the 2016 impact of the 2015-2018 salary award for Excluded members.

The purpose of this report is to provide the Budget Committee with the 2016 operating budget variance report for the Toronto Police Services Board (Board) for the period ending March 31, 2016.

The purpose of this report is to provide the Budget Committee with the 2016 operating budget variance report for the Toronto Police Services Board (Board) for the period ending March 31, 2016.

The Executive Committee recommends that:

1.  City Council forward the presentation from the Executive Director, Social Development, Finance and Administration to the Chairs and Directors of the four Toronto School Boards and the Ministry of Education.

2.  City Council request the Toronto school boards and the Province of Ontario to include formal engagement of City Councillors as part of the Pupil Accommodation Review Guideline Section IX, "Consultation with Local Municipal Governments".

At its meeting of June 24, 2016, the City-School Boards Advisory Committee considered a presentation from the Executive Director, Social Development, Finance and Administration, on major issues reviewed by the Committee this year, and the work completed/in progress by the Interagency Staff Team.

The Executive Committee recommends that:

1.  City Council request the Government of Ontario to align school capital and operating budget allowances with the Ontario Climate Change Strategy and Action Plan to support Toronto school boards in meeting their requirements under the Toronto Green Standard and Green Roof Bylaw, which are consistent with the provincial Plan.

At its meeting of June 24, 2016, the City-School Boards Advisory Committee considered a presentation from the Project Manager, Strategic Initiatives and Policy Analysis, City Planning, reviewing the Toronto Green Standard including the Green Roof By-Law and what additional funding the boards will need to meet the requirements.

The Executive Committee recommends that:

1.  City Council endorse the Living in Place campaign to promote universal design in construction of all new multi-residential buildings and to support the objectives to amend the Provincial Building Code to ensure accessibility and inclusivity for all.

At its meeting on June 29, 2016, the Disability, Access and Inclusion Advisory Committee considered a presentation from Ronny Yaron, Older Women's Network and Thea Kurdi, Member of the Older Women's Network and Founder of the Association of Design Professionals for Accessibility on the need for universal design in new multi-residential construction and on an event planned for fall 2016.

The Executive Committee recommends that:

1.  City Council approve a Licence Agreement between the Board, the City and the Toronto Transit Commission related to the Toronto Transit Commission Loop on the terms and conditions set out in Appendix "A" to the report (July 29, 2016) from the Chief Executive Officer, Exhibition Place, and such other terms and conditions satisfactory to the Chief Executive Officer of the Board, the Chief Corporate Officer of the City, and in a form acceptable to the City Solicitor.

This report details the recommended new licence agreement (the "Licence Agreement") between the Board of Governors of Exhibition Place ("the Board"), the City of Toronto (the "City") and the Toronto Transit Commission (the "TTC") for the Toronto Transit Commission Loop located on the north perimeter of the Exhibition Place site for a term of twenty (20) years commencing June 15, 2016 and expiring June 14, 2036.  This Toronto Transit Commission Loop is the terminus of the Harbourfront Light Rail Transit and the Bathurst Streetcar and is a key transit line for the City and the Exhibition Place site.

The Executive Committee recommends that:

1.  City Council and the Board of Governors of Exhibition Place enter into a Donation Agreement with the Donor, substantially on the terms and conditions of the Letter of Intent attached as Appendix "A" to the report (July 29, 2016) from the Chief Executive Officer, Exhibition Place, and such other terms and conditions satisfactory to the Chief Executive Officer and the City Solicitor.

For several months, The Toronto Branch of the Ukrainian Canadian Congress has been exploring, with the assistance of the City Cultural Affairs Division, possible City property on which to locate a Holodomor Memorial and approached Exhibition Place in the early spring 2016.  This report recommends entering into a Donation Agreement between the Board, the City and the Toronto Branch of the Ukrainian Canadian Congress and Toronto Ukrainian Foundation (jointly the "Donor") generally on the terms and conditions set out in the Letter of Intent (LOI) attached as Appendix "A" to this report.  Holodomor is the name given to the genocide by famine that occurred in Ukraine from 1932 to 1933.  As many as 10 million Ukrainians perished during this period and this Memorial in Toronto will raise awareness of the genocide. 

The details of the project and support of the project is found in the Proposal from the Donor attached as Appendix "B" to this report.  Generally the intent would be the development by the Donor of a parkette in the existing treed area adjacent to the east entrance of Enercare Centre and bordering Canada Drive.  The main sculpture to be erected in this new memorial parkette area will be the iconic "Bitter Memories of Childhood" by Ukrainian artist Petro Drozdowsky which is a key element of other Holodomor Memorials around the world.  The Donor Proposal also includes several letters of support from organizations and citizens including a petition signed by several associations.

At its meeting on September 19, 2016, the Budget Committee considered item  BU23.11 - Adjustment to the 2016 - 2025 Economic Development and Culture Capital Budget and Plan for the Toronto Centre for the Arts Stage Reconfiguration.

The purpose of the report is to seek City Council authority to approve an adjustment to the 2016-2025 Capital Budget and Plan for Economic Development and Culture to amend the capital project Toronto Centre for the Arts (TCA) Stage Reconfiguration Phase 2 by increasing the project cost by up to $2.144 million, funded from reserve funds. The project is to convert the Main Stage Theatre into two smaller theatres, the Greenwin Theatre (Phase 1) and the Lyric Theatre (Phase 2). Phase 1, which began in 2014, was completed on budget and on time. Phase 2 has been delayed due to complicated site conditions and requires additional funding to complete the project and negotiate final costs with contractors.

The Civic Appointments Committee recommends that:

1.  City Council appoint the following candidate to the Toronto Transit Commission Board, at pleasure of Council, for a term of office ending on December 31, 2020 and until a successor is appointed:

Joanne De Laurentiis

2. City Council direct that the confidential information contained in Confidential Attachments 1, 2, 3, 4 and 5 to the report (September 12, 2016) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Transit Commission Board.

Candidate's biography:

Joanne De Laurentiis

Joanne De Laurentiis is an experienced senior executive and board member with expertise in building, implementing, and managing multi-stakeholder board and organizational structures. Her executive roles have included President of the Investment Funds Institute of Canada, President of Credit Union Central of Canada, and President of Interac. Joanne holds an MA in political science from Western University. She has served on the boards of the Ontario Lottery and Gaming Corporation, St. Stephen's Community House, and the Toronto Board of Trade, among others.

The Interview Subcommittee for Toronto Transit Commission conducted interviews on September 20, 2016 and forwards its recommended candidate to the Civic Appointments Committee.

The Community Development and Recreation Committee recommends that:

1.  City Council authorize the General Manager, Parks, Forestry and Recreation to include the implementation of the Tennis Pilot Permit Project as part of the New and Enhanced Services for City Council consideration in the 2017 Budget Submission, and to allow the issuing of permits to individuals or organizations at the following four City of Toronto public tennis court locations where there are no Community Tennis Clubs:

a.  Jonathan Ashbridge Park (Toronto / East York) - Ward 32;

b.  Birchmount Park (Scarborough) - Ward 36;

c.  Park Lawn Park (Etobicoke / York) - Ward 5; and

d.  Champlain Parkette (North York) - Ward 10.

2.  City Council authorize the General Manager, Parks, Forestry and Recreation to include the new permit fees, as per Appendix 2 to the report (September 2, 2016) from the General Manager, Parks, Forestry and Recreation, for consideration in the 2017 annual Operating Budget process, which will include public notification of all user fee changes.

This report responds to a request from the March 7, 2016 Community Development and Recreation Committee for Parks, Forestry and Recreation (PFR) staff to review and identify the proposed tennis court locations considered for inclusion in the Tennis Pilot Permit Project. This report also responds to additional information requests from the Community Development and Recreation Committee on March 7, 2016.

The additional information requested includes: service standards for City-owned tennis courts; increasing the availability of City-delivered tennis programming across the City in public tennis courts prior to the 2017 budget; the potential portability of the City of Toronto Welcome Policy, and the posting of tennis court facility data on the City of Toronto Open Data portal.

The recommended Tennis Pilot Permit Project responds to stakeholder interest, including not-for-profit, commercial and individual community members, in an opportunity to permit a select number of public tennis courts in the City of Toronto. This was identified during the consultation process for the City of Toronto Policy on Outdoor Community Tennis Club Operations conducted in the summer of 2015.

The Tennis Pilot Permit Project supports the advancement of the Tennis Excellence Framework by building capacity to enhance tennis activities in the City.

The Community Development and Recreation Committee recommends that:  

1.  City Council receive the report (August 25, 2016) from the General Manager, Long-Term Care Homes and Services for information.

When adopting the 2016-2020 Service Plan for Long-Term Care Homes and Services, City Council requested that the General Manager, Long-Term Care Homes and Services provide a subsequent report that included environmental scan details and an overview of advocacy efforts and requirements. This report provides additional demographic data related to growing needs and opportunities that will better support the delivery of long-term care and services to seniors in Toronto, and provides an update on Council supported advocacy recommendations to the Province.

Staff will continue to bring to City Council's attention emerging issues and identify opportunities where the City can, within available resources, plan and deliver needed services to vulnerable individuals or, as necessary, seek Council's support to advocate for legislative or funding reforms to senior levels of government.

The Community Development and Recreation Committee recommends that:

1.  City Council request the Provincial Government to develop a separate, case specific funding mechanism for the provision of cultural and religious meals in long-term care homes, and provide the requisite funding.

2.  City Council request the Provincial Government to provide a response with an implementation plan in the first quarter of 2017.

3.  City Council direct that copies of any correspondence sent to the Minister of Health and Long-Term Care, or other Provincial Government officials be provided to members of City Council.

City Council directed the General Manager, Long-Term Care Homes and Services, in consultation with the Deputy City Manager and Chief Financial Officer and the Toronto Office of Partnerships, to report to Community Development and Recreation Committee with a sustainable funding and program delivery strategy for religiously appropriate meals in City of Toronto Long-Term Care homes.  This report provides information on that direction.

The Community Development and Recreation Committee recommends that:  

1.  City Council request that the Province of Ontario recognize and fund all costs associated with the planning, transformation and ongoing service system management of child and family programs.

2.  City Council authorize the General Manager, Children's Services to accept provincial funds in the amount of $219,458 to support the full cost of data analysis services in the form of two permanent staff positions.

3.  City Council authorize the General Manager, Children's Services to establish and recruit for three permanent positions, all 100 per cent funded by the Province: two to provide data analysis services; and one to support french-language planning and implementation of Ontario Early Years Child and Family Centres, with positions coming on stream in January 2017, and included in the complement of the 2017 Operating Budget Submission.

4.  City Council request the General Manager, Children's Services to report to City Council on the funding formula, including the allocation of provincial resources to be provided to Toronto and on the financial impact to the City for the transformation, sustainment and delivery of child and family programs, when the funding formula and allocation becomes available early in 2017.

This report provides information on the transfer of provincially-funded child and family programs to the City of Toronto, and on Children's Services' plan to manage the system transformation in partnership with the community.  It also outlines the opportunities, challenges, and financial considerations associated with this transformation.

The Community Development and Recreation Committee recommends that:

1.  City Council authorize the Fire Chief and General Manager, Fire Services to negotiate and enter into a one-year agreement, on behalf of the City of Toronto, on terms and conditions as approved by the Fire Chief and General Manager, Fire Services and in a form acceptable to the City Solicitor, with Centennial College of Applied Arts and Technology, to provide training services and resources to Centennial College for the practical components of the Pre-Service Firefighter Education and Training curriculum for the 2016/2017 program year, at a cost to Centennial College of Applied Arts and Technology of $70,315.62 (net of HST) and to require Centennial College to provide and administer a financial bursary program in relation to the Pre-Service Firefighter Education and Training curriculum, for the purpose of providing financial assistance to students.

The report requests City Council approval for Toronto Fire Services (TFS) to negotiate and enter into a one-year agreement with Centennial College of Applied Arts & Technology (Centennial College) for TFS to provide training services and resources for the practical components of Centennial College's Pre-Service Firefighter Education and Training Program (Centennial Training Program) for the 2016-2017 academic year on a cost recovery basis.

Under the proposed agreement, TFS will provide training services and resources (TFS Resources) for the practical components of the Centennial Training Program. Centennial College will provide TFS with payment to cover the cost of the TFS Resources. Centennial will provide a financial bursary program to reduce the cost of the Centennial Training Program for students belonging to ethnic or gender backgrounds which are under-represented in TFS in relation to the social demographic diversity of the City of Toronto (Under-represented Populations).

In conjunction with the TFS/Centennial Agreement, Centennial and Toronto Employment and Social Services division (TESS) have partnered to provide recipients of Ontario Works with the opportunity to complete the Centennial Pre-Service Firefighter Education and Training Program. These students will enter into the TFS Operations Firefighter recruitment stream upon the successful completion of the curriculum and associated qualifications.

The proposed TFS/Centennial Agreement will be for a one-year term and is in line with the City's Strategic Actions, as well as the goals and objectives set out in the TFS Master Fire Plan and previous TFS Path to Diversity reports. A comprehensive review of all TFS community outreach and recruitment processes is currently underway. This work forms part of the development of the new TFS Inclusion Plan which will be presented to the Community Development and Recreation Committee in November 2016. The TFS Inclusion Plan will include enhancements to TFS outreach and recruitment processes and will ensure future recruit classes are increasingly reflective and representative of the City of Toronto.

The Community Development and Recreation Committee recommends that:

1.  City Council direct the Executive Director, Social Development, Finance and Administration, working with the Director, Equity, Diversity and Human Rights; the General Manager, Shelter, Support and Housing; the General Manager, Children’s Services; the General Manager, Parks, Forestry and Recreation; the General Manager, Toronto Employment and Social Services; the General Manager, Economic Development and Culture; the Medical Officer of Health; the Affordable Housing Office and the Chief Corporate Officer, and in cooperation with a Community Sector Advisory Table, as set out in Appendix B to the report (September 6, 2016) from the Executive Director, Social Development, Finance and Administration, to develop a "whole of government" policy direction and policy framework, including:

a.  key actions, for guiding and modernizing the City’s relationship with the community-based non-profit/voluntary sector; and

b.  a review of not-for-profit governance with a view to strengthening accountability, transparency and sound management; the review may involve developing training and educational programs, perhaps in cooperation with community colleges.

2.  City Council direct the Executive Director, Social Development, Finance and Administration to report back to the Community Development and Recreation Committee on the results before the end of 2017.

In December 2015, with approval of CD8.6 "Comprehensive Review of the state of the Community-Based Sector," City Council directed staff to establish and work with an advisory panel of community sector leaders on a comprehensive review of issues affecting the community-based, non-profit/voluntary sector in Toronto. This report is an update on work completed to clarify the scope and focus of the review project.  Because the proposed focus of the project goes beyond the mandate originally identified, this report seeks Council direction to proceed.

The report proposes an interactive stakeholder consultation process, conducted in collaboration with a Community Advisory Table, to define a formal "whole of government" policy direction and policy framework to guide and modernize the City’s relationship with the non-profit/voluntary sector.

An explanation and justification for the proposed direction of the project is provided, based on best practices and research studies from Canadian and international jurisdictions. Key considerations and preconditions that should be met prior to or during the course of conducting the project are identified.

The Community Development and Recreation Committee recommends that:

1.  City Council refer Application 2 from the Butterfly (Asian and Migrant Sex Workers Support Network) in the amount of $47,000, to the Executive Director, Social Development, Finance and Administration for further review with the organization and a report to the Community Development and Recreation Committee when the organization has met the condition of confirming a trustee organization.

2.  City Council approve allocations for the following Investment Funding programs, as recommended in Appendices A, B and C to the report (September 2, 2016) from the Executive Director, Social Development, Finance and Administration, and as amended by Recommendation 1 above, from the 2016 Approved Operating Budget for Social Development, Finance and Administration:

a.  $758,000 to 18 organizations for the 2016 Access, Equity & Human Rights Investment Program, as amended by Recommendation 1;

b.  $630,000 to 15 organizations for the 2016 Community Safety Investment Program; and

c.  $85,000 be held for appeals for Access, Equity & Human Rights and Community Safety Investment Programs.

3.  City Council authorize the Executive Director, Social Development, Finance and Administration to reallocate unused Access, Equity and Human Rights and Community Safety Investment funds during the funding period to partner organizations that can implement the approved project, or to reallocate to applicants that were rated as high priority but not funded due to budget constraints.

4.  City Council request the Executive Director, Social Development, Finance and Administration to report on any re-allocation of 2016 Access, Equity and Human Rights and Community Safety Investment (CSI) funds as part of the 2017 grants allocation recommendations report.

5.  City Council approve an exemption to the Toronto Grants Policy s5.1.1 for the newly created Intervention Fund (rebranded to Crisis Response Fund) to allow for some grant funds to be used for activities held outside of Toronto. Approved by Council on July 12, 2016, the Crisis Response Fund will target locally-driven neighbourhood activities that immediately respond to critical incidences of violence through grants of up to $3,000.

This report recommends funding for the following two Community Investment Funding programs: Access, Equity and Human Rights (AEHR), and Community Safety Investment (CSI).

Of the 169 applications received for these two programs, 34 are recommended for funding of $1,435,000 with an additional $85,000 held for appeals.

Grants help the City of Toronto achieve its social, economic and cultural goals for its residents. The City's goals are better achieved by supporting the work of organizations that are closer to the communities they serve. Community Investment Funding programs provide time-limited funding to established or emerging not-for-profit groups in the City of Toronto to test new ideas or enhance existing models that lead to meaningful change in organizations and communities.

The Community Development and Recreation Committee recommends that:

1.  City Council direct the Executive Director, Social Development, Finance and Administration to establish a Community Selection Committee, as described in Appendix A to the report (September 6, 2016) from the Executive Director, Social Development, Finance and Administration, to oversee grant making for a Community Identity Forum for Latin American, Hispanic Torontonians.

The purpose of this report is to update Council on a community meeting held on August 24th with key stakeholders, to determine how the City can best support the community dialogue to create a legacy project that will build the Hispanic-Latin American community. The report recommends the creation of a Community Selection Committee to oversee grant making for a Community Identity Forum for Latin American, Hispanic Torontonians.

The Community Development and Recreation Committee recommends that:

1.  City Council approve the location of a new emergency men’s shelter operated by the  City at 731 Runnymede Road in Ward 11 at an initial occupancy of 50 beds with the flexibility to add beds in response to extreme weather conditions, and to increase the occupancy rate over time to better support individuals requiring shelter access.

2.  City Council direct the Director, Real Estate Services, to secure the property at 731 Runnymede Road through a lease on terms that are reasonable and at fair market value, and to continue to search for other appropriate sites for the new potential emergency shelter if the negotiations do not result in a lease at fair market value, acceptable to the Chief Corporate Officer and in a form acceptable to the City Solicitor, subject to approval of the proposed shelter program.

3.  City Council direct the General Manager, Children's Services, as part of the development of the Rockcliffe-Smythe/Junction Strategy (formerly referred to as the York/Weston/Junction Community Strategy) requested by City Council in July 2016, to review the demand for a child care facility in the south end of Ward 11 and report to the Community Development and Recreation Committee on the results of the review.

4.  City Council authorize the public release of the confidential information in Attachment 1 to the report (September 9, 2016) from the General Manager, Shelter, Support and Housing Administration related to the operation of 731 Runnymede Road once the transaction has been completed to the satisfaction of the City Solicitor and the Director, Real Estate Services.

The Community Development and Recreation Committee recessed its public session and met in closed session to consider this item as it relates to a proposed or pending land acquisition by the City or one of its agencies, boards and commissions.

At its meeting of July 12-15, 2016, City Council directed staff to work with the Councillors for Wards 11 and 13, the local community and other stakeholders to develop a plan for a shelter program at 731 Runnymede Road that will meet the needs of an appropriate number of people experiencing homeless and make a positive contribution to the neighbouring community.

This report seeks approval to open an emergency men's shelter operated by the City at 731 Runnymede Road in Ward 11.  The report also provides an update on the shelter program plan developed in collaboration with a Community Liaison Committee (CLC) comprised of residents, agencies, Councillors for Wards 11 and 13 and City staff.

Staff convened a CLC through a public expression of interest process that aligned with the City’s public appointment protocol.  With the assistance of a third party facilitator, the CLC provided input on the services and programs to be included in a shelter program. The CLC also discussed what it viewed as an appropriate number of beds to be included at the proposed Runnymede Road shelter.

City staff are recommending the shelter open at an initial occupancy of 50 beds with the flexibility to add beds in response to extreme weather conditions. Staff are also recommending that the occupancy level at the shelter be adjusted over time to better respond to the needs of men experiencing homelessness in Toronto. There is support from the CLC for a phased approach.

The CLC also approved a work plan based on the Council motions regarding the Runnymede Road shelter that included the establishment of a Community Safety Committee (CSC) to address issues of safety and security in the neighbourhood. Additionally, the CLC will work with the Rockcliffe-Smythe Neighbourhood Improvement Area planning table to develop a local Rockcliffe-Smythe/Junction Strategic Plan to enhance local assets, safety, and community cohesion.

The Community Development and Recreation Committee recommends that:

1.  City Council approve the receipt of $3,414,425 from the Province over a two-year period to deliver the Survivors of Domestic Violence - Portable Housing Benefit (SDV-PHB) pilot.

2.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into a Transfer Payment Agreement and related agreement(s) with the Ministry of Housing necessary for the receipt and expenditure of funding under the SDV-PHB pilot program on such terms and conditions as are satisfactory to the General Manager, Shelter, Support and Housing Administration, and in a form approved by the City Solicitor.

3.  Council authorize the General Manager, Shelter, Support and Housing Administration, to extend or replace the current administration agreement between the City of Toronto, the Ministry of Municipal Affairs and Housing (now the Ministry of Housing) and the Ministry of Finance, beyond its current termination date to facilitate the delivery of the 2016-17 and 2017-18 SDV-PHB pilot program on terms and conditions satisfactory to the General Manager and in a form approved by the City Solicitor.

4.  City Council amend the Approved 2016 Operating Budgets for Shelter, Support and Housing Administration by $1,228,225 gross, $0 net to deliver the Survivors of Domestic Violence – Portable Housing Benefit pilot and include $2,186,200 gross and $0 net in Shelter, Support and Housing Administration's 2017 recommended budget.

5.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to utilize 10 percent of the funding for administration, an amount of $341,442, the administrative allocation permitted by the Survivors of Domestic Violence - Portable Housing Benefit pilot.

6.  City Council amend the 2016 Approved Operating Budget for Shelter, Support and Housing Administration (SSHA) by $42,711 gross and $0 net, and approve staffing expenditures in the 2017 and 2018 (SSHA) budgets of approximately $298,289 gross and $0 net from SDV-PHB pilot administrative allocation, to hire a full time temporary Supervisor, Client Services; Caseworker; and Support Assistant B to assist with the administration of the SDV-PHB Pilot Program.

7.  City Council authorize the General Manager, Shelter, Support and Housing Administration, as appropriate, to enter into agreements or other suitable arrangements with other City divisions, provincial agencies, community agencies, private entities and/or individuals to deliver the Survivors of Domestic Violence – Portable Housing Benefit pilot in accordance with the provincial guidelines for the program.

The Ministry of Housing (MH) has made $3,414,425 in funding available to the City of Toronto through the Survivors of Domestic Violence - Portable Housing Benefit (SDV-PHB) pilot. The pilot program will provide a monthly housing benefit to survivors of domestic violence in the Rent-Geared-to-Income (RGI) waiting list Special Priority Program (SPP).  The Shelter, Support and Housing Administration Division (SSHA) estimates that the funds allocated under this pilot program will assist 355 persons to secure housing up to March 2018.

The SDV-PHB pilot's key goals are to reduce the amount of time it takes for survivors of domestic violence to find safe, affordable housing, as well as to learn which services and supports most effectively enable housing stability. This pilot also supports the Province’s Long-Term Affordable Housing Strategy (LTAHS) to provide more portable housing benefits, enabling people to more quickly find housing in their preferred locations.

The pilot will be administered by Shelter, Support and Housing Administration (SSHA). To receive this funding, SSHA is required to enter into a Transfer Payment Agreement with the Ministry of Housing. This report recommends the necessary actions to receive and administer this funding.

The Community Development and Recreation Committee recommends that:

1.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into agreements with currently funded transitional housing and other housing support projects, as outlined in Appendix A to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, for up to two years for up to $986,028 gross and $0 net of Community Homelessness Prevention Initiative funding subject to the approval of the 2017 and 2018, and subsequent Operating Budgets for Shelter, Support and Housing Administration as follows:

i.  from April 1 to December 31, 2017 for up to $739,521 gross and $0 net; and

ii.  from January 1 to March 31, 2018 for up to $246,507 gross and $0 net.

2.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into an agreement with Neighbourhood Information Post for the Rent Bank Program, as outlined in Appendix B to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, for up to two years for up to $1,798,674 gross and $0 net of Community Homelessness Prevention Initiative funding subject to approval of the 2017 and 2018, and subsequent Operating Budgets for Shelter, Support and Housing Administration as follows:

i.  from January 1 to December 31, 2017 for up to $1,438,939 gross and $0 net; and

ii.  from January 1 to March 31, 2018 for up to $359,735 gross and $0 net.

3.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into an agreement with Regent Park Community Health Centre for the women's art program, as outlined in Appendix C to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, up to two years for up to $26,875 gross and $0 net in Community Homelessness Prevention Initiative funding subject to the approval of the 2017 and 2018, and subsequent Operating Budgets for Shelter, Support and Housing Administration as follows:

i.  from January 1 to December 31, 2017 for up to $20,156 gross and $0 net; and

ii.  from January 1 to March 31, 2018 for up to $6,719 gross and $0 net.

4.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into a new agreement with the Daily Bread Food Bank for Creating Health +, as outlined in Appendix D to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, from April 1, 2017 to March 31, 2018 for up to $330,000 gross and $0 net in Community Homelessness Prevention Initiative funding subject to the approval of the 2017 and 2018, and subsequent Operating Budgets for Shelter, Support and Housing Administration as follows:

i.  from April 1 to December 31, 2017 for up to $247,500 gross and $0 net; and

ii.  from January 1 to March 31, 2018 for up to $82,500 gross and $0 net.

5.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into new agreements or amend existing agreements and allocate funds of up to 5 percent of Community Homelessness Prevention Initiative and Homelessness Initiative Fund project funds for up to two years for up to $737,852 gross and $132,964 net to respond to:

a.  emerging issues and/or unexpected situations impacting the community; and

b.  realign projects and fund new projects resulting from an Application for Continued Funding for currently funded and approved projects as follows:

i.  from April 1 to December 31, 2017 for up to $553,389 gross and $99,723 net; and

ii. from January 1 to March 31, 2018 for up to $184,463 gross and $33,241 net.

6.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to allocate funds for the 2017/18 Health and Safety Fund for up to $200,000 gross and $0 net of Community Homelessness Prevention Initiative funding consistent with the terms set out in Appendix H to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration subject to the approval of the 2017 and 2018 Operating Budgets for Shelter, Support and Housing Administration as follows:

i.  from April 1 to December 31, 2017 for up to $150,000 gross and $0 net; and

ii.  from January 1 to March 31, 2018 for up to $50,000 gross and $0 net.

7.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to allocate Community Homelessness Prevention Initiative funds for up to $10,000 per agency funded by Shelter, Support and Housing Administration for a 2017 Capacity Building Fund pilot project for up to $100,000 gross and $0 net of Community Homelessness Prevention Initiative funding subject to the approval of the 2017 Operating Budget for Shelter, Support and Housing Administration as follows:

i.  from January 1 to December 31, 2017 for up to $100,000 gross and $0 net.

8.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into agreements with Margaret's Housing and Community Support and St. Felix Social Ministries Outreach to provide enhanced cold weather drop-in services, as outlined in Appendix E to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, during 2016 and 2017 for up to $852,000 gross and $416,000 net subject to the approval of the 2017 City Operating Budget as follows:

i.  from October 15 to December 31, 2016 for up to $170,400 gross and $0 net; and

ii.  from January 1 to April 15, 2017 for up to $681,000 gross and $416,000 net.

9.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into an agreement, if feasible, with a community agency to operate overnight cold weather drop-in services, as outlined in Appendix E to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, during 2016 and 2017 for up to $300,000 gross and $0 net of Community Homelessness Prevention Initiatve funding subject to the approval of the 2017 City Operating Budget as follows:

i.  from October 15 to December 31, 2016 for up to $60,000 gross and $0 net; and

ii.  from January 1 to April 15, 2017 for up to $240,000 gross and $0 net.

10.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into agreements with Fred Victor Centre and Sistering: A Woman's Place, as outlined in Appendix F to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, to provide 24-hour women's drop-in services for up to two years for up to $3,750,000 gross and $0 net of Community Homelessness Prevention Initiative funding subject to the approval of the 2017 and 2018, and subsequent City Operating Budgets as follows:

i.  from January 1, 2017 to December 31, 2017 for up to $3,000,000 gross and $0 net; and

ii.  from January 1, 2018 to March 31, 2018 for up to $750,000.

11.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements with agencies funded through the Poverty Reduction Initiatives – Enhanced Tenant Support RFP for up to $0 gross and $75,000 net of Poverty Reduction Initiatives funding subject to the approval of the 2017 City Operating Budget as follows:

i.  from January 1, 2017 to December 31, 2017 for up to $0 gross and $75,000 net.

12.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend additional funding and enter into any agreements as necessary with the Inner City Family Health Team and Community Living Toronto, as outlined in Appendix G to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, to provide the Bridges to Housing program for up to two years for up to $26,920 gross and $0 net of Ministry of Community and Social Services funding subject to the approval of the 2017 City Operating Budget as follows:

i.  from October 15, 2016 to December 31, 2016 for up to $13,460 gross and $0 net; and

ii.  from January 1, 2017 to December 31, 2017 for up to $13,460 gross and $0 net.

13.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to extend funding and enter into an agreement with St. Michael's Hospital, Centre for Research on Inner City Health, to undertake a program evaluation of Bridges to Housing, as outlined in Appendix G to the report (September 1, 2016) from the General Manager, Shelter, Support and Housing Administration, for up to two years for up to $95,000 gross and $0 net of MCSS funding subject to approval of the 2017 City Operating Budget, as follows:

i.  from October 15, 2016 to December 31, 2016 for up to $47,500 gross and $0 net; and

ii.  from January 1, 2017 to December 31, 2017 for up to $47,500 gross and $0 net.

14.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements to deliver projects in accordance with the terms and conditions of the amended contribution agreement with Service Canada for the Homelessness Partnering Strategy.

This report seeks authority to enter into funding agreements with community agencies that help people to increase housing stability.

All of the funding in this report is from the provincially funded Community Homelessness Prevention Initiative (CHPI), Ministry of Community and Social Services (MCSS) funds and/or the City of Toronto Homeless Initiatives Fund (HIF), and the City funded Poverty Reduction Initiatives:

Funding for the 2016 allocation is already approved in the 2016 City Operating Budget. The 2017/2018 allocations are subject to the approval of the 2017 and 2018 Operating budgets for Shelter, Support and Housing Administration.

The Community Development and Recreation Committee recommends that:

1.  City Council direct the Deputy City Manager, Cluster A to:

a.  Report to the Community Development and Recreation Committee in the fourth quarter of 2016 on recommendations on raising awareness on homelessness in the City of Toronto;

b.  Issue a Request for Expression of Interest to solicit best practice on raising awareness on homelessness and the need for shelters throughout Toronto as well as for best practice for community outreach and shelter relocation in new neighbourhoods; and

c.  Share the Terms of Reference of the Request for Expression of Interest with the Chair and Vice Chair of the Community Development and Recreation Committee prior to its issue.

The Community Development and Recreation Committee:

1.    Directed the General Manager, Shelter Support and Housing Administration to report to the Community Development and Recreation Committee in the fourth quarter of 2016:

a.  On the City's obligations and requirements under the Municipal Shelter By-law and whether it should be amended to delegate authority for shelter approvals to the General Manager of Shelter, Support and Housing Administration; and

b.  On a standard community engagement process for proposed shelters; and

c. In consultation with the Chief Planner and Executive Director, City Planning, on the feasibility of implementing a process similar to the ‘Gold Star’ planning initiative to the shelter approval process.

City Council on July 12, 13, 14 and 15, 2016, referred Item CD13.16 back to the Community Development and Recreation Committee for further consideration.

The Community Development and Recreation Committee (CDRC) requested at their meeting of April 13, 2016, that Shelter, Support and Housing Administration (SSHA) report to the June 23, 2016 meeting on its current divisional strategy to identify new and replacement services to ensure that housing and shelter services are available and accessible to all residents in all parts of Toronto. This report responds to that request.

This report provides an update on the City’s review of the Community Information Process (CIP), a component of the site review process for new shelters and shelters relocating to a new neighbourhood, required under the City’s Municipal Shelter By-law (By-law No. 138-2003) and related Council approved policies.  The engagement activities associated with the CIP review equally respond to Community Development and Recreation Committee's (CDRC) request for staff to report back to Committee on the use of a professional facilitator to assist with identifying best practices on raising awareness about homelessness issues and improving the City's community engagement when seeking to establish new and replacement shelter locations.

The Community Development and Recreation Committee submits the Item to City Council without recommendation.

The Community Development and Recreation Committee:

1. Directed the General Manager, Shelter, Support and Housing Administration to report to the October 5, 2016 City Council meeting on the status of the settlement negotiations with Christie Gardens, and recommend any additional authority required to complete the settlement.

2. Directed the General Manager, Shelter, Support and Housing Administration, in consultation with the Director, Affordable Housing Office, and the Deputy City Manager and Chief Financial Officer, to recommend a source of interim funding to permit Humewood House to complete the purchase of 55-57 Humewood Drive in advance of the settlement funds being received by the City.

City Council at its July 12, 13 and 14, 2016 approved the acceptance of $5.5 million from Christie Gardens' as a one-time payment in settlement of their obligation to provide rent-geared-to-income assistance under the terms of an existing Social Housing Agreement.

City Council also directed that up to $2.5 million of the settlement funds be directed to support the creation of affordable housing for young mothers by Humewood House through the purchase 55-57 Humewood Drive. 

Since the July Council decision Humewood House has made a successful offer to purchase 55-57 Humewood Drive.  They have now completed their due diligence, including a building condition report, architectural plans and developed a full business case to support the project.  As a result the property sale was scheduled to close on September 30th. 

However, at the present time City staff continue to work with Christie Gardens' but have not have not yet finalized the settlement agreement..  As a result of delay, the settlement funds to pay for the purchase of 55-57 Humewood Drive are not yet available.

I am requesting the Committee to have City staff report directly to the October 5, 6, and 7 Council meeting to provide an update on the settlement and to recommend an interim source of City funding to provide Humewood House the interim funds to complete the purchase of 55-57 Humewood Drive.  Given the circumstances Humewood House has negotiated an extension on the closing from September 30 to October 21.

The Community Development and Recreation Committee recommends that:

1.  City Council, subject to the Toronto District School Board undertaking a review of the implementation of Full-Day Kindergarten and Before-and-After School Program, request the General Manager, Toronto Children's Services to support and participate in the proposed Toronto District School Board review, and assess the impact on existing child care programs and the development of Extended Day program options for school aged children.

The Community Development and Recreation Committee requested:

1.  The General Manager, Children's Services to report to the November 29, 2016 Community Development and Recreation meeting with an update of the 2013 report, which includes number of schools, operators, number of subsidies, nutritional and other supports provided for all-day kindergarten, and other related matters related to After School/Extended Day programs.

In 2010 the City of Toronto became a key partner with Toronto's four school boards and the Ministry of Education in the policy development, planning and implementation of Full-Day Kindergarten (FDK) and new mandatory Before-and-After-School (B&A) programs. Children's Services is also the Service Manager for the B&A program and holds contracts with third-party operators to provide fee subsidies for eligible families. Child care for all age-groups has been moved into the Ministry of Education.

The introduction of all-day kindergarten is now complete and the funding to assist with transition has been eliminated. However, there continue to be challenges faced by schools and service providers: growing demand for service, limited space in schools, sharing classroom space, adequacy of funding, parent survey to approve new programs, lunch program supervision and class size, B&A financial stability, split shifts and retaining qualified staff. 

In 2013,Children's Services reported to Committee and Council with a status update on FDK, including number of programs, enrolment, costs, provincial funding and other implementation issues. Council adopted a number of recommendations to support centres with implementation. Today, some operators are still struggling to remain financially viable, respond to demand and adapt to new regulatory changes. An update of this report would be very helpful to understand the status of FDK, B&A in Toronto and its outstanding challenges.  http://www.toronto.ca/legdocs/mmis/2013/cd/bgrd/backgroundfile-63941.pdf

The Ministry has recently announced new regulations to require school boards to provide after-school programs for students in Grade 1 and up.  The policy and program delivery models are still under consideration; however, I believe it would be wise to review the implementation of FDK and B&A for "lessons learned" in order to anticipate and respond at the start. 

The Economic Development Committee recommends that:

1.  City Council officially designate Bloor Street as a Cultural Corridor from Bay Street to Bathurst Street as defined in the map in Attachment 1 to the report (August 17, 2016) from the General Manager, Economic Development and Culture.

The purpose of this report is to recommend the designation of Bloor Street as a Cultural Corridor from Bay Street to Bathurst Street (refer to Attachment 1 of this report).

Toronto's Bloor Street between Bay Street and Bathurst Street is a vibrant 1.5 kilometre corridor with more than a dozen permanent world-class arts organizations presenting professional arts and culture events in destination venues.  They include: Alliance Française de Toronto, Bata Shoe Museum, Bloor Hot Docs Cinema, Gardiner Museum, Instituto Italiano di Cultura, Miles Nadal Jewish Community Centre, Native Canadian Centre of Toronto, Royal Ontario Museum (ROM), Royal Conservatory of Music/Koerner Hall, Tafelmusik Baroque Orchestra and Chamber Choir, Talisker Players, Toronto Consort and the University of Toronto - Faculty of Music.

These organizations are part of a consortium called the Bloor Street Cultural Partnership who have requested that the City officially recognize Bloor Street between Bay Street and Bathurst Street as a Cultural Corridor.  By doing so the City will help the promotion and development of the area as a cultural destination that enhance Toronto's position as a creative city regionally, nationally and internationally.

The Economic Development Committee recommends that:

1.  City Council designate, based on the poll results respecting the intention to expand The Waterfront Business Improvement Area, the area described by Attachment 1 to the report (August 19, 2016) from the General Manager, Economic Development and Culture as the expanded The Waterfront Business Improvement Area, under Chapter 19 of the City of Toronto Municipal Code;

2.  City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment 1 to the report (August 19, 2016) from the General Manager, Economic Development and Culture as the expanded The Waterfront Business Improvement Area; and

3.  City Council approve those amendments necessary to Schedule "A" of the City of Toronto Municipal Code, Chapter 19, Business Improvement Areas, to include the expanded The Waterfront Business Improvement Area.

The purpose of this report is to recommend the expansion of The Waterfront Business Improvement Area (BIA) boundaries as described in Attachment 1.

In accordance with Chapter 19, Business Improvement Areas, of the City of Toronto Municipal Code, the City Clerk conducted a poll to determine if there is sufficient support to expand the boundaries of the BIA.

The City received a sufficient number of ballots to validate the poll and the majority of accepted ballots were in favour of expanding the BIA.  Accordingly, it is recommended that City Council pass a by-law to designate the area described by the map in Attachment 1 as the expanded The Waterfront Business Improvement Area (BIA).

The Economic Development Committee recommends that:

1.  City Council receive the report (September 9, 2016) from the General Manager, Economic Development and Culture for information.

The attached Toronto Economic Bulletin summarizes the most recent data available for key economic indicators benchmarking the city's economic performance.

The Economic Development Committee recommends that:

1.  City Council direct the General Manager, Economic Development and Culture to establish a Public Food Markets Working Group, made up of City staff from Toronto Public Health, Parks Forestry and Recreation, Municipal Licensing and Standards, Facilities and Real Estate, Transportation Services, Solid Waste Management Services, and other outside stakeholders such as the Toronto Food Policy Council, non-profit food organizations, TABIA, current market organizers, farming organizations and farmer's market associations, to advise the General Manager, Economic Development and Culture on the barriers and opportunities for the further development of public markets within the City of Toronto and on the development of a Public Market Strategy for the City of Toronto.

Though long-treasured by city-dwellers as a way to connect to local growers and traders, while surrounded by a festive atmosphere, entertainment and access to arts, crafts, street food and fresh produce, the widespread benefits of public food markets remain relatively unknown and unappreciated. As such, many public markets exist on the margins.

Under the current system, information about procedures, permits, fees and regulations is often incomplete and inconsistent, complicating communications between market managers and City Staff. Many markets trying to establish themselves are forced to navigate different city divisions and processes depending on the type of market proposed and the space they intend to occupy, without the reliability of a consistent streamlined process. For entrepreneurs wishing to test and sell at public markets, information about where markets are located, Public Health requirements, licensing, corporate registration, and who they need to contact is extremely difficult to access and navigate. In addition, limited opportunities for emerging businesses are available at already established markets.

Addressing these challenges to ensure public markets and entrepreneurs can thrive in communities throughout the GTA is essential to meeting economic development goals. In Toronto public markets have grown organically and have responded to demand. This expansion leads to more sustainable ‘grassroots’ businesses and diversified economic development. It provides business incubation opportunities, animated public spaces, enhanced innovation and entrepreneurship, and more effective community engagement, cohesion and well-being.

In Toronto the demand is clear. In 2006, the City of Toronto had 10 operating farmer’s markets. In 2016, we now have 35 dedicated farmer’s markets, and that is not including markets that sell other types of goods or markets that are operated by organizations, such as the 30 Good Food Markets operated by FoodShare, the Grab Some Good mobile markets, or the TTC pop-up markets. In 2011, Toronto's food and beverage cluster had annual sales of about $17 billion (Source: Ontario Ministry of Agriculture & Food, 2011). Small businesses engaged in food and beverage manufacturing continue to account for a larger share of total establishments in the food and beverage sector. In 2013, small businesses with less than 100 employees accounted for 90.2 percent (1,036) of total food and beverage establishments compared to 88.4 percent (880) in 2012. (Source: Canadian Business Patterns, Dec. 2012-2013).

Small food businesses rarely have access or capacity to serve big retail operators. Public food markets can provide a low cost of entry and low risk for a new business and access to customers to test and receive feedback on their products prior to scaling up. Public food markets can act as incubators, creating a flourishing city for innovators and entrepreneurs. Following the example of global cities such as London and Barcelona, Toronto is primed to take key leadership in supporting public market expansion and innovation.

The Government Management Committee recommends that:  

1.  City Council grant authority to the Treasurer to negotiate and execute an amending agreement with National Bank of Canada (NBC) to extend the existing agreement for a period of 12 months from December 20, 2016 to December 19, 2017, under the same pricing, terms and conditions of the existing agreement and in a form satisfactory to the City Solicitor.

The Purchasing Card (PCard) Program Services contract with the National Bank of Canada (NBC) is due to expire on December 19, 2016.  During the development of a new Request for Proposal to replace the expiring PCard contract, the City met with the Ministry of Government & Consumer Services (MGCS) about the Province of Ontario's procurement process for a purchasing card provider.  MGCS indicated that the City would be able to piggyback on the Province's contract after it has been awarded.  This would offer the City a number of opportunities that would enhance its growing PCard program, while maintaining controls, and benefitting from the Province's economies of scale.

In order to provide time for the Province to complete their contract, and allow the City to consider piggybacking on their agreement, it is recommended that the current contract with National Bank of Canada (NBC) be extended for a 12-month period.

The Government Management Committee recommends that:

1.  City Council ratify the actions of the City Solicitor in commencing proceedings against SNC-Lavalin Inc., LKM Division of SNC-Lavalin Inc., and Cannington Construction Limited.

2.  City Council authorize the City Solicitor to continue the said legal proceedings, to settle such proceedings, to appeal any orders with respect thereto and take any other steps with respect to the conduct of such litigation, as the City Solicitor may determine is appropriate in consultation with the Chief Corporate Officer.

3.  City Council direct that Confidential Attachment 1 to the report (August 18, 2016) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and pertains to litigation affecting the City.

The City has incurred substantial extra expenses for a fuel tank replacement project at Toronto Police Service Headquarters at 40 College Street. The City Solicitor seeks authority ratifying his action in commencing legal proceedings.

The Government Management Committee recommends that:

1.  City Council grant authority to enter into an agreement to transfer the property municipally known as 30 Dunelm Street ("the Property"), as described in Appendix 2 to the report (August 18, 2016) from the Chief Corporate Officer, including any related agreements, to Build Toronto, substantially on the terms and conditions as set out in Appendices 1 and 2 to the report (August 18, 2016) from the Chief Corporate Officer, and on such other and amended terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

2.  City Council grant authority to the Chief Corporate Officer to permit Build Toronto to engage in licensing and leasing activities in respect of the Property that is or becomes the subject matter of an executed transfer agreement, during the period prior to the closing of the transfer transaction, on terms and conditions as may be approved by the Chief Corporate Officer, in a form satisfactory to the City Solicitor.

3.  City Council grant authority to fund the City’s outstanding expenses related to the property in the report (August 8, 2016) from the Chief Corporate Officer, from the Council Approved Operating Budget for Facilities Management and Real Estate, Environment and Energy (FREEE), in the year(s) that the expenses are incurred, as necessary, and, once these expenses are known, to transfer the funding for these expenses from the Land Acquisition Reserve Fund (LARF) (XR1012), with appropriate adjustments to FREEE's Council Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports.

4.  City Council approve, as the approving authority under the provisions of the Expropriations Act, the transfer to Build Toronto of the property in the report (August 18, 2016) from the Chief Corporate Officer, that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.

5.  City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to execute the transaction documents required to implement Council’s decision on behalf of the City, including the execution of any required consents, approvals or permissions.

6.  City Council authorize the City Solicitor to complete the transactions provided for in the report (August 18, 2016) from the Chief Corporate Officer on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later date(s), and amending or waiving the terms and conditions, as the City Solicitor may from time to time consider reasonable.

This report recommends the terms of transfer to Build Toronto of 30 Dunelm Street (the "Property").

By its adoption of GM20.6 on April 3 and 4, 2013, Council endorsed the enhanced process for property transfers to Build Toronto to augment the declare surplus and disposal process by, among other things, inclusion of City Planning on staff teams considering property transfers and earlier and ongoing communication between Real Estate Services and the local Councillor, City Planning and Build Toronto. This process has been implemented with respect to the Property in this report.

The Property is being reported on independently to enable Build Toronto to develop it together with adjoining properties as a contiguous development parcel.

The Government Management Committee recommends that:

1.  City Council grant authority to initiate the expropriation process for the lands shown as Parts 18 and 19 on the draft Reference Plan of Survey attached as Appendix A (the "Additional Property") to the report (August 18, 2016) from the Chief Corporate Officer.

2.  City Council grant authority to serve and publish Notices of Application for Approval to Expropriate the Additional Property, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.

The purpose of this report is to seek authorization from City Council to commence proceedings for the expropriation of certain additional lands that form part of the condominium property known municipally as 228-230 Queens Quay West that are required for the reconstruction and realignment of the York/Bay/Yonge off-ramp from the F.G. Gardiner Expressway (the "Project").

Given the large number of condominium units involved, it will be necessary to acquire the required lands by expropriation to avoid jeopardizing the construction schedule for the Project.

The Government Management Committee recommends that:

1.  City Council grant authority for the Chief Corporate Officer to enter into an Acknowledgement Agreement with the Province of Ontario for the use of Vendor of Record Agreement (No. OSS-00510687).

2.  City Council grant authority for the Chief Corporate Officer to negotiate and enter into an agreement with Ergo-Industrial Seating Systems Inc., (the Province of Ontario's vendor of record) for the supply and delivery of Office Seating and Related Services commencing from the date of approval and ending on July 31, 2018, in the amount of $1,750,000 net of all applicable taxes and charges ($1,780,800 net of HST recoveries), on the same terms and conditions of the Province of Ontario's Agreement, and on terms and conditions satisfactory to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority to enter into an Acknowledgement Agreement with the Province of Ontario and enter into a separate agreement with the Province of Ontario's Vendor of Record (VOR), Ergo Industrial Seating Systems Incorporated for the supply of Supply, Delivery of Office Seating and Related Services from the date of approval to July 31, 2018 in the amount of $1,750,000 net of all applicable taxes and charges ($1,780,800 net of HST recoveries).  Ergo Industrial Seating Systems Incorporated was selected as the VOR as a result of being the highest scoring proponent from the Province's competitive call process.

A cost-benefit analysis for the existing VOR was undertaken in support of the recommended approach.  Leveraging the Province of Ontario's VOR provides the City with the best possible pricing for the supply, and delivery of Office Seating and Related Services as the Province was provided the items at a highly discounted price.

The primary financial advantages to using the Provincial Vendor of Record arrangement is guaranteed access to best pricing for Canadian Public Sector customers as documented in the Province of Ontario's Master Agreement with all its Vendors of Record.

Utilizing the VOR arrangement allows the City to benefit from the economies of scale, resulting in access to highly discounted product and services The VOR agreement provides a volume discount of up to 5 percent, which in turn will provide increased buying power over the long term.

The products and services available under the VOR contract agreement is at the highest quality, with maximum warranty, service and life expectancy, is made under the highest design and material standards and meets the highest quality testing, ergonomic and market  specifications and standards. In addition, the quality of the products provided in the arrangement will contribute to a reduction in product replacement frequency.

Leveraging the Provincial VOR will also reduce procurement timelines, including overhead costs for all activities related to obtaining a new contract.

The Government Management Committee submits the Item to City Council without recommendation.

The Government Management Committee:

1. Confirmed its actions in closed session in issuing instructions to staff to report directly to City Council on this matter.

The Government Management Committee recessed its public session and met in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege, litigation or potential litigation and the security of the City's or a local board's property.

Parks, Forestry and Recreation ("PFR") has received a request from the City's tenant, Tuggs Incorporated ("Tuggs") for the City's consent to a partial assignment of the agreement between the City and Tuggs dated June 2, 2010, (the "2010 Agreement") to Cara Operations Limited ("Cara") with respect to the premises municipally known as 1675 Lake Shore Boulevard East, commonly known as 1681 Lake Shore Boulevard East, located in Woodbine Beach Park (the “1681 Building”) , as well as concessions at Kew Gardens and the Donald D. Summerville Pool (collectively, the “Premises").

This report recommends that City Council consent to the partial assignment of the 2010 Agreement to Cara. Upon City Council approval of the partial assignment, Cara will sublease back to Tuggs the portions of the Premises pertaining to the two concessions at Kew Gardens and the D.D. Summerville Pool, along with both the existing Tim Horton's and Athens Bakery franchises operated by Tuggs (Attachment "A") at the 1681 Building.  Tuggs will continue to be the licencee for the exclusive food and beverage and sponsorship rights in Woodbine Beach Park, Ashbridges Bay Park, Beaches Park, and Kew Gardens Park, ("the Parklands").

4.  City Council request the Deputy City Manager and Chief Financial Officer and the General Manager, Fleet Services to:

a. Explore consolidated Fleet Management and oversight of the City's fleets for all Divisions and fleets operated by City agencies and report back to Government Management Committee on the cost of value of this initiative.

b. Explore ownership options for the City's fleet, including; sale and lease back, or lease options, and report back to Government Management Committee on the cost of value of this initiative.

c. Report to the Budget Committee on any funds required to conduct these reviews.

The Government Management Committee:

1. Directed the Chief Corporate Officer to report directly to the October 5, 2016 City Council meeting to provide additional financial information on maintenance service delivery options 1, 2, 3 and 4, set out in Appendix A of the report (May 30, 2016) from the General Manager, Fleet Services.

2.  Directed the General Manager, Fleet Services to submit a progress report on implementation to the Government Management Committee by June 30, 2017.

The Government Management Committee recommends that:

1.  City Council receive the Item for information.

City Council on July 12, 13, 14 and 15, 2016, referred Motion MM20.9 to the Government Management Committee.

Rapidly evolving technological advances in both the private and public sectors require efficient, responsive and current Information Technology platforms in order to ensure that organizations and institutions are well positioned to meet the challenges of emerging technologies while ensuring that they are effectively serving their clients.  The City of Toronto has a multitude of divisions, agencies and organizational matrices that offer a wide range of support, and services both internally and externally.  Many private and public sector agencies have identified the importance of ensuring that their information technology platforms are operating efficiently and responsively and have undertaken comprehensive reviews of their systems.  The City of Toronto would be well served with such a review undertaken by an outside Information Technology provider best equipped to conduct an impartial assessment with subsequent specific recommendations.

1. City Council adopt Alternative 1, set out in Confidential Attachment 1 to the report (August 17, 2016) from the Chief Corporate Officer.

2.  City Council direct that Confidential Attachment 1 to the report from the Chief Corporate Officer (August 17, 2016) remain confidential in its entirety as it is regarding a proposed or pending acquisition or disposition of land and authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all property transactions and claims for compensation related to this matter to the satisfaction of the City Solicitor.

This report seeks direction from City Council with respect to the acquisition of a land interest for the proposed Broadview Avenue Extension.

The Government Management Committee recommends that:

1.  City Council authorize, contingent on City Council approval of the second quarter Capital Variance Report, the City to enter into such agreements as may be required with Build Toronto and/or Toronto Hydro to facilitate the installation of expanded hydro infrastructure to service the future redevelopment of the City lands adjoining the Six Points Interchange, such agreements to include the payment of a deposit to Toronto Hydro in the amount of $4.6 million from project account CTP811-35 and an obligation on the part of Build Toronto to reimburse the City in full for such deposit, together with such other terms and conditions as may be approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

2.  City Council authorize the City to transfer such easements as may be reasonably requested by Toronto Hydro for the purpose of the infrastructure referenced above where required for the purposes of servicing lands currently owned by the City on terms and conditions approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

3.  City Council authorize severally each of the Chief Corporate Officer and the Director of Real Estate Services to execute the transaction documents and agreements referred to in Recommendations 1 and 2 above on behalf of the City.

4.  City Council authorize the Chief Corporate Officer and the Director of Real Estate Services to determine the terms upon which the deposit identified in Recommendation 1 will be fully reimbursed to the City by Build Toronto.

This report seeks authority to facilitate the installation of the expanded hydro infrastructure required to service the future redevelopment of the City lands adjoining the Six Points Interchange.

The Licensing and Standards Committee recommends that:

1.  City Council request the Government of Ontario for authority to enforce the Ontario Society for the Prevention of Cruelty to Animals Act in the City of Toronto.

In recent weeks I learned that Municipal Licensing and Standards Officers (MSOs) have the ability to obtain warrants to inspect properties at which the property owner has refused entry; however, while available, this tool is not typically used.

Similarly, I have historically been told that Municipal Licensing and Standards (MLS) does not have the authority to close down problem establishments; yet in recent weeks, we saw the Executive Director exercise authority granted under section 86(2) of the City of Toronto Act, 2006 to immediately suspend the licence of Cloud 9 Café at 1530 Danforth Avenue for 14 days, and to bring the Licensee before the Toronto Licensing Tribunal. I was pleased to learn of and see this authority exercised, but was perplexed as to why it has not been exercised in the past for locations that were similarly problematic in Ward 11 and across the City.

As directed by Licensing and Standards Committee at its meeting of May 19, 2016, this report summarizes the enforcement tools available to Municipal Licensing and Standards (ML&S) that are prescribed in bylaws and authorized by provincial legislation and describes the circumstances when they may be sought. The goal of enforcement action is always compliance; ML&S officers use discretion to determine which tool will best achieve compliance subject to the circumstances.

ML&S is responsible for ensuring that enforcement action is appropriate; impartial and independent; and balanced, fair and consistent.

The Licensing and Standards Committee recommends that:

1.  City Council approve amendments to Toronto Municipal Code, Chapter 545, Licensing to require restaurants, bars, entertainments, night clubs and other establishments which require licensing to maintain the public sidewalk surrounding their business free from littered cigarette butts, cigar tips, electronic cigarettes and any refuse disposal generated by their patrons at all times.

2.  City Council amend Toronto Municipal Code, Chapter 545, Licensing to ensure cigarette disposal containers or receptacles be mandatory at bars, entertainment establishments, nightclubs and other businesses where patrons dispose cigarette butts on public sidewalks.

This report responds to City Council direction to reduce litter including cigarette butt litter, by proposing amendments to Toronto Municipal Code, Chapter 545, Licensing, to have owners of licensed business establishments be responsible for cleaning and clearing litter from their own private property as well as boulevard and sidewalk areas directly abutting their properties.

The amendments support litter reduction and are an initiative of the City's Multi-Divisional Litter Working Group. Other initiatives include Solid Waste Management's education programs and litter audits, litter bins with dedicated cigarette butt receptacles, Business Improvement Area cigarette butt receptacle pilot projects, City advertising campaigns and targeted enforcement in high litter areas.

Residents can also call 3-1-1 Toronto to let the City know of high litter areas and locations where illegal dumping is taking place.

Also, as litter is a shared responsibility, the proposed amendments do not negate the personal responsibility of an individual not to litter. Under Chapter 548, Littering and Dumping of Refuse, littering onto City or private property is a chargeable offence.

Solid Waste Management Services, Transportation Services, Economic Development and Culture, Toronto Water, Toronto Public Health, and Legal Services were consulted in the preparation of this report.

The Parks and Environment Committee recommends that:

1.  City Council request the Director, Environment and Energy, in consultation with the Chief Planner and Executive Director, City Planning, to propose a net-zero Community Energy Plan for the Mount Dennis community and report to the Parks and Environment Committee in the first half of 2017 on the proposed plan.

2.  City Council direct the Director, Environment and Energy to forward this report to the Ontario Minister of the Environment and Climate Change and to the Member of Provincial Parliament for York South−Weston.

Community groups in Weston and Mount Dennis have voiced concerns over the Metrolinx/Crosslinx Transit Solutions initial proposal construction of an 18 megawatt (MW) natural gas power plant in their community to provide backup power for the Eglinton LRT.

City Council requested that staff from the Environment and Energy Division (EED) meet with Metrolinx, Crosslinx Transit Solutions and Toronto Hydro to discuss the Crosslinx plan for the back-up power plant facility. EED reported on the outcome of these meetings to Executive Committee meeting on May 24, 2016.

At a community organized event for this issue held on July 19, 2016, Honourable Laura Albanese (MPP York South-Weston) indicated that she has written to the relevant Ministers to work with Metrolinx on low-carbon back-up power alternatives for the Eglinton LRT. A report is expected later this summer from Metrolinx on this issue.

City Council also requested EED prepare a Community Energy Plan for the area. This report provides an update on the progress of the Community Energy Plan - see Attachment 1 for the Draft Plan.

The Planning and Growth Management Committee recommends that:

1.  City Council direct that the draft amendments to the Official Plan policies and Zoning By-law contained in Attachment 2 and Attachment 3 to the report (August 19, 2016) from the Chief Planner and Executive Director, City Planning, be used as the basis for public consultation;

2.  City Council direct staff to schedule consultation with stakeholders including representatives of the development industry, the Business sector including Business Improvement Areas, Social Development Finance and Administration, Toronto Public Health, the United Way and residents groups; and

3.  City Council direct that notice for a public meeting under the Planning Act be given in accordance with the regulations under the Planning Act with the public meeting targeted for a meeting of Planning and Growth Management Committee in the second quarter of 2017.

This report proposes that City staff undertake consultation on proposed amendments to the Official Plan and Zoning By-laws to support the role of pedestrian shopping areas as areas that support local shopping and service needs, and provide locations for small business and for social gathering and interaction.  The proposed consultation would take place in the first quarter of 2017. 

The draft Official Plan amendment sets out objectives and urban design policies for pedestrian shopping areas, provides for limits on the amount of new retail development and the size of individual stores and sets out assessment criteria for proposals to exceed such limits.

The draft zoning by-law amendments would implement the draft Official Plan policies and include:

i.    revisions to the existing regulations for the former City of Toronto to set a maximum store size of 3,500 sq.m.; and

ii.   new limits on the amount of new retail space on a property and a maximum store size of 3,500 sq.m. in pedestrian shopping areas outside the former City of Toronto.

The Planning and Growth Management Committee recommends that:

1.   City Council direct the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building to work with the Province of Ontario and other appropriate bodies to obtain greater authority over the specifications of interior design and layout of buildings including individual unit layouts to ensure in quantitative terms, a view to the outside, from all bedrooms as the required outcome, and to report back to the January 11, 2017 Planning and Growth Management Committee meeting.

This report responds to City Council's (August 2014) direction that the Chief Planner and Executive Director, City Planning in consultation with the Chief Building Official and Executive Director Toronto Building review all design guidelines affecting the built form of development to ensure that they are consistent with the objective of Article 3.7.2.1 of the Ontario Building Code (OBC) which is to provide bedrooms with a view to the outdoors.

Council’s request was submitted in response to a concern that some developments were being constructed with bedrooms located within residential units with no windows to the outside, resulting in living arrangements that could be uncomfortable and compromise the quality of the living environment for residents.  The report summarizes the OBC code provisions and design guidelines and outlines ways in which City staff are approaching this concern to achieve housing and public health policy objectives.

The Chief Building Official and Executive Director Toronto Building and the Medical Officer of Health were consulted in the writing of this report.

The Planning and Growth Management Committee forwards the item to City Council without recommendation as all motions on this item lost on tie votes.

The Manager, Sign By-law Unit, Toronto Building gave a presentation on 2 Strachan Avenue Sign By-law Amendment application.

This is a supplementary report to the May 2016 report from the Chief Building Official and Executive Director, Toronto Building, related to a proposed amendment to the site-specific provisions of the Sign By-law in order to permit a new double-sided third party electronic ground sign at 2 Strachan Avenue. At the July 2016 City Council meeting, Council referred the May 2016 report back to the Planning and Growth Management Committee for further consideration.

Staff have reconsidered the application and do not support the requested Sign By-law amendment as the proposed sign will adversely impact nearby residential properties, the Fort York neighbourhood and Liberty Village. In addition, the proposed sign does not meet the overall goals or objectives of City Council as expressed through the Sign By-Law. Should Council adopt the requested amendments, a sign containing two electronic sign faces approximately three times that of the existing electronic sign faces will be displayed with illumination levels twice that of what currently exists on this property. Consistent with the previous staff report, this report recommends that City Council refuse this application.

City Council at its meeting held on July 12, 13, 14 and 15, 2016, considered Item PG13.6 on requests for area specific amendments to the City's Sign By-law.

In adopting the Item as amended, City Council referred the Planning and Growth Management Committee recommendations pertaining to 64 Fordhouse Boulevard and 2 Strachan Avenue back to the Committee for further consideration.

2.  City Council refuse the application to amend the Sign By-law to allow for, in addition to the signage otherwise permitted by the Sign By-law, one electronic third party ground sign at 64 Fordhouse Boulevard, as described in Attachment 3 to the report (May 20, 2016) from the Chief Building Official and Executive Director, Toronto Building.

3.  City Council refuse the application to amend Section 2K of Schedule 'B' of the Sign By-law to implement a new area-specific amendment to Chapter 694, Signs, General, of the City of Toronto Municipal Code at 2 Strachan Avenue, to display a third party electronic ground sign in addition to the signage currently permitted by Section 2K of Schedule 'B', as described in Attachment 4 to the report (May 20, 2016) from the Chief Building Official and Executive Director, Toronto Building.

The Public Works and Infrastructure Committee recommends that:

1.  City Council grant authority to award Tender Call No. 2-2016, Contract 17TM-01TP for the Maintenance and Operation of Electrical Traffic Control and Related Devices within the City of Toronto for the period February 1, 2017 to March 31, 2021, to Guild Electric Limited in the amount of $62,186,648 ($63,281,130 net of HST recoveries) having submitted the lowest compliant bid and meeting the specifications in conformance with the tender requirements.

2.  City Council approve cash flow commitments in 2017 to 2021 totalling $31,641,900 in Transportation Services approved 2016-2025 Capital Budget and Plan.

The purpose of this report is to seek authority to award Tender Call No. 2-2016, Contract 17TM-01TP for the Maintenance and Operation of Electrical Traffic Control and Related Devices within the City of Toronto for the period February 1, 2017 to March 31, 2021. The lowest compliant bidder, meeting the specifications in conformance with the requirements of the Tender, is Guild Electric Limited at a contract value of $62,186,648 ($63,281,130 net of HST recoveries, of which $30,295,730 and $32,985,400 will be funded through the Operating and Capital Budgets, respectively).

This report also requests authority to commit cash flows in Transportation Service's approved 2016-2025 Capital Budget and Plan, totalling $31,641,900, to affect the contract award. This request will have no net impact on Transportation Services approved 2016-2025 Capital Budget and Plan.

The Public Works and Infrastructure Committee recommends that:

1.  City Council rescind the eastbound left-turn prohibition in effect from 4:00 p.m. to 6:00 p.m., Monday to Friday at Bayview Avenue and Parkhurst Boulevard/Soudan Avenue.

2.  City Council prohibit eastbound left turns from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 7:00 p.m., Monday to Friday, at Bayview Avenue and Parkhurst Boulevard/Soudan Avenue.

3.  City Council prohibit eastbound through traffic movements from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 7:00 p.m., Monday to Friday, at Bayview Avenue and Parkhurst Boulevard/Soudan Avenue.

4.  City Council prohibit westbound left turns from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 7:00 p.m., Monday to Friday, at Bayview Avenue and Parkhurst Boulevard/Soudan Avenue.

5.  City Council prohibit westbound through traffic movements from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 7:00 p.m., Monday to Friday, at Bayview Avenue and Parkhurst Boulevard/Soudan Avenue.

This report recommends the implementation of eastbound and westbound left turn and through traffic prohibitions at the intersection of Bayview Avenue and Parkhurst Boulevard/Soudan Avenue. The implementation of these prohibitions is intended to reduce the likelihood of collisions at this intersection.

Transportation Services completed a safety review of the intersection of Bayview Avenue and Parkhurst Boulevard/Soudan Avenue that revealed a recent increase in collisions. The majority of these collisions involved eastbound and westbound through or left turning motorists crossing Bayview Avenue, and occurred during the weekday peak periods.

While traffic control signals are currently warranted, the proposed prohibitions are recommended as a less restrictive measure. Consultation with residents revealed concern that the installation of traffic control signals may result in traffic infiltration on Parkhurst Boulevard and Soudan Avenue. There is an existing Pedestrian Crossover at the intersection, which is deemed to be the appropriate device to facilitate pedestrian crossing at the north leg of the intersection.

This report is submitted to Public Works and Infrastructure Committee (PWIC) as Bayview Avenue forms a shared boundary between Toronto East York Community Council and North York Community Council.

The Public Works and Infrastructure Committee recommends that:

1.  City Council request the Provincial Ministry of Environment and Climate Change to implement a regulated approach to monitor and test imported soil to be used in in construction activities through its proposed regulation governing excess soil, and City staff advise the Ministry of local concerns that all such soil movements should be traceable.

To confirm that contaminated soil is not brought onto construction sites a regulation to provide information on the origin and test results of source soil sites should be put in place by the Ontario Ministry of Environment and Climate Change (MOECC) before soil is placed.

The Ministry of Environment and Climate Change (MOECC) has recently issued guidelines pertaining to the management of excess soil excavated on construction sites. The MOECC is currently proposing a regulation governing soil conditions at source sites, which will include consideration of receiving sites. This approach should provide clarity as to the movement, placement and quality of soil at receiving sites. This would provide clarity to the public by ensuring that the soil or fill being placed on construction sites has been tested and meets Ministry standards.

Currently the MOECC only conducts additional testing, if concerns are raised, after the soil has been delivered to receiving sites. Usually concerns include: knowledge that the soil is from a contaminated site; foul smells emanating from the dirt or trucks; and, liquids with oil sheens from the dirt or trucks.  If any of these conditions are present, the Ministry will intervene to ensure that contaminated soil has not been discharged under section 14 of the Environmental Protection Act, otherwise the soil is not tested by the Ministry. The new regulation will provide an opportunity for better information on soil movement.

The Public Works and Infrastructure Committee recommends that:

1. City Council approve the installation of northbound and southbound cycle tracks and bicycle lanes on Woodbine Avenue, from O'Connor Drive to Queen Street East, as described in Attachment 1 – Woodbine Avenue: Amendments to Cycle Track and Bicycle Lane Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services.

2. City Council approve the installation of an eastbound contra-flow bicycle lane on Corley Avenue, from Woodbine Avenue to Brookside Drive, as described in Attachment 2 – Corley Avenue: Amendments to Bicycle Lane Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services.

3. City Council enact the traffic and parking regulation amendments associated with the above Recommendations as described in Attachment 3 - Amendments to Traffic and Parking Regulations: Woodbine Avenue and Corley Avenue, attached to the report (September 13, 2016) from the Acting General Manager,Transportation Services.

4. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the amendments in Recommendations 1, 2 and 3 in the report (September 13, 2016) from the Acting General Manager, Transportation Services, including the introduction of all necessary bills.

The Public Works and Infrastructure Committee:

1. Requested the Acting General Manager of Transportation Services to monitor traffic volume and flow on Woodbine Avenue, and make adjustments to signals, lane markings and other traffic measures, as necessary, to help mitigate any impacts.

The purpose of this report is to seek Council authority to install on-street cycling facilities along Woodbine Avenue from O'Connor Drive to Queen Street East. Authority is also requested to install cycling facilities on Corley Avenue from Woodbine Avenue to Brookside Drive in order to improve connections to the proposed facilities on Woodbine Avenue.

The installation of cycling facilities on Woodbine Avenue was approved in principle as part of the recently adopted "Ten Year Cycling Network Plan". Subject to Council approval, Transportation Services proposes to install the cycling facilities in 2017.

Transportation Services recently completed a feasibility design study, reviewed associated traffic and parking impacts, and held public consultation for on-street cycling facilities along Woodbine Avenue and Corley Avenue. Future associated amendments are currently under consideration to permit lawful two-way cycling traffic on Norway Avenue from Woodbine Avenue to Elmer Avenue, however further community consultation is currently required.

The proposed cycling facilities include a combination of cycle track, which features separation elements (a painted buffer, parked cars and/or flexi-post bollards) between the bicycle lane and the traffic/parking lane, as well as painted bicycle lanes and shared use lane markings. A contra-flow bicycle lane is proposed on Corley Avenue from Woodbine Avenue to Brookside Drive.

The Public Works and Infrastructure Committee recommends that:

1.  City Council approve  the designation of the following sections of roadway for bicycle lanes, as described in Revised Attachment 5 - Amendments to Bicycle Lane and Cycle Track Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services:

a.  Bayview Avenue between King Street East and Mill Street;

b.  Mill Street between Bayview Avenue and Cherry Street;

c.  Lower River Street between King Street East and Lawren Harris Square (north leg)/Lawren Harris Square (west leg);

d.  Lawren Harris Square (north leg) between Lower River Street/Lawren Harris Square (west leg) and Bayview Avenue;

e.  Sheppard Avenue East between Kingston Road and Morningside Avenue; and,

f.  Kingston Road between Highway 401 Westbound off ramp and a point 90 metres west of Sheppard Avenue East.

2.  City Council approve amendments to convert the following sections of roadway from bicycle lanes to cycle tracks, as described in Revised Attachment 5 - Amendments to Bicycle Lane and Cycle Track Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services:

a.  the northerly westbound side of Gerrard Street East, between Yonge Street and Jarvis Street and both sides of Gerrard Street East, between Jarvis Street and Berkley Street;

b.  the northerly westbound side of Shuter Street, between Victoria Street and Bond Street;

c.  both sides of  River Street, between Queen Street and Gerrard Street East; and,

d.  both sides of Simcoe Street/Lower Simcoe Street, between Lake Shore Boulevard West and Front Street West.

3.  City Council approve the installation of cycle tracks on the westerly side of Bathurst Street, between Adelaide Street West (east leg) and Adelaide Street West (west leg) and the northerly side of Adelaide Street West (west leg), from Bathurst Street to a point 25 metres further west, as described in Revised Attachment 5 - Amendments to Bicycle Lane and Cycle Track Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services. 

4.  City Council rescind the previous approval for the designation of bicycle lanes for the following sections of roadway, as described in Revised Attachment 5 - Amendments to Bicycle Lane and Cycle Track Designations, attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services:

a.  Spadina Crescent for its entire length; and,

b.  Lansdowne Avenue, between Bloor Street West and Lappin Avenue.

5.  City Council approve the traffic and parking regulation amendments required in connection with Recommendations 1 to 4, as described in Revised Attachment 6 attached to the report (September 13, 2016) from the Acting General Manager, Transportation Services.

6.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the amendments in Recommendations 1 through 5 above, inclusive, including the introduction of all necessary bills.

The purpose of this report is to seek Council authority to amend City by-laws to designate various bicycle lane and cycle track installations.

When bicycle lanes and cycle tracks are approved through development applications, planning studies, or capital projects, and are being implemented by (or on behalf of) the City, it is necessary to amend City by-laws in order for the associated regulations to be enforceable.

This report requests by-law amendments to reflect the following:

-  Recently completed bicycle lanes in the West Don Lands on Bayview Avenue, Mill Street, Lawren Harris Square and Lower River Street as well as sections of Sheppard Avenue East and Kingston Road in Scarborough. 

-  Conversion of existing bicycle lanes into cycle tracks on Gerrard Street, Shuter Street and River Street, which are being implemented as part of road reconstruction or resurfacing projects and which are scheduled for completion in 2016, and as part of the council approved Ten Year Cycling Network Plan: 2016 Implementation Program 

-  Conversion of bicycle lanes on Simcoe Street to cycle tracks as part of the council approved Ten Year Cycling Network Plan: 2016 Implementation Program.

-  Intersection modifications to improve the safety and operations of the Adelaide Street cycle track at the intersection with Bathurst Street.

-  The retraction of the designation of bicycle lanes on Spadina Circle and a section of Lansdowne Avenue that are no longer proposed for completion.

Etobicoke York Community Council recommends that:

1.  City Council state its intention to designate the property at 68 Baby Point Road  under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 68 Baby Point Road (Reasons for Designation) attached as Attachment No. 3 to the report (August 19, 2016) from the Chief Planner and Executive Director, City Planning Division.

2.  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.

3.  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.

4.  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 68 Baby Point Road (the Conn Smythe House) under Part IV, Section 29 of the Ontario Heritage Act. 

The property is located in the Baby Point subdivision which has been identified in the City's Archaeological Management Plan as an Archaeologically Sensitive Area. 

Following research and evaluation, it has been determined that the property at 68 Baby Point Road meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value. 

The inclusion of the property at 68 Baby Point Road on the City of Toronto’s Heritage Register and its designation under Part IV, Section 29 of the Ontario Heritage Act would ensure that all of the heritage values and attributes of the site are identified and conserved.

The Toronto Preservation Board on August 25, 2016, considered the following:

1.  Report (August 19, 2016) from the Chief Planner and Executive Director, City Planning Division regarding Intention to Designate Under Part IV, Section 29 of the Ontario Heritage Act - 68 Baby Point Road.

2.  Communication (August 23, 2016) E-mail from Joy Cohnstaedt, Baby Point Heritage Foundation (PB.Supp.PB16.4.1)

Etobicoke York Community Council recommends that:

1.  City Council grant the request for a permit to remove one (1) privately-owned tree located at 45 Apted Avenue, to prevent any concerns over damage to people and/or properties.

This report requests that City Council deny the application for a permit to remove one (1) privately-owned tree located at 45 Apted Avenue. The application indicates the reason for removal is to address concerns over the potential for damage to people and property.

The subject tree is a bur oak (Quercus macrocarpa), measuring 91.5 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 1 Benway Drive, with a condition that the applicant 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 1 Benway Drive. The application indicates the reason for removal is to prevent damage to the driveway and underground pipes.

The subject tree is a silver maple (Acer saccharinum), measuring 67 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 46 Daniels Street, with a condition that the applicant 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 46 Daniels Street. The application indicates the reason for removal is to address concerns over the condition of the tree and the potential for damage to people and property.

The subject tree is a sugar maple (Acer saccharum), measuring 74 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 approve the installation of traffic control signals at the intersection of Islington Avenue and Deerfoot Road.

The purpose of this report is to provide the results of a Traffic Control Signal Warrant study at the intersection of Islington Avenue and Deerfoot Road, further to a request from the area Councillor. As the warrant requirements are not achieved, the installation of traffic control signals is not recommended at this time.

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

Etobicoke York Community Council recommends that:

1.  City Council prohibit left-turn movements for northbound traffic on Keele Street, approximately 76 metres north of Keele Street and Maple Leaf Drive, at the private driveway access of 2522 Keele Street. 

The purpose of this report is to introduce a "No Left Turn" prohibition for northbound traffic from Keele Street to a private driveway access of 2522 Keele Street located approximately 76 metres north of Maple Leaf Drive.  

The proposed prohibition was requested by Right-of-Way/Traffic Planning staff, as part of the rezoning of 2522 Keele Street, to address traffic management issues at this driveway.

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

Etobicoke York Community Council recommends that:

1.  City Council rescind the existing parking machine regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Saturday for a maximum period of 3 hours at a rate of $1.50 per hour on the north side of Church Street, between a point 66 metres east of Pine Street and a point 30 metres west of Uphill Avenue.

The purpose of this report is to obtain approval to remove the "Pay and Display" parking areas on Church Street, between a point 66 metres east of Pine Street and a point 30 metres west of Uphill Avenue and replacing it with the City wide 3-hour maximum allowed parking. The existing "Pay and Display" area is not being utilized anymore since the relocation of the Humber Rover Hospital.

Since the Toronto Transit Commission (TTC) operates a transit service on Church Street, City Council approval of this report is required. TTC staff have been consulted on the matter and has not objected to the proposal.

Etobicoke York Community Council recommends that:

1.  City Council authorize the installation/removal of on-street accessible parking spaces at the location identified in Appendix A attached to the report (August 18, 2016) from the Director, Transportation Services, Etobicoke York District.

The purpose of this report is to obtain approval for the installation/removal of on-street accessible parking spaces for persons with disabilities.

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

Etobicoke York Community Council recommends that:

1.  City Council advise the Alcohol and Gaming Commission of Ontario of its support of the application from Bellwoods Brewery for a Manufacturer's Limited Liquor Sales Licence for sales by the glass during opening hours.

I am in receipt of a communication from Bellwoods Brewery, located in my ward at 20 Hafis Road, advising that in order to obtain a Manufacturer's Limited Liquor Sales Licence, a resolution from the Council of the Municipality is required in support of the issuance of the licence. The Manufacturer's Limited Liquor Sales Licence would allow for a "sales by the glass" permit during opening hours of 5:00 -9:00 p.m. on Wednesdays to Fridays, and 1:00-9:00 p.m. on Saturdays and Sundays.

North York Community Council recommends that:

1. City Council permanently close portions of the public lane extending easterly from Ledbury Street between Cranbrooke Avenue and Woburn Avenue, shown as Parts 8, 17 and 18 on Sketch No. PS-2010-118 (the "Lane") attached to the report (August 12, 2016) from the Director, Transportation Services, North York District, as Attachment 1.

2. City Council enact a by-law substantially in the form of the draft by-law attached to the report (August 12, 2016) from the Director, Transportation Services, North York District, as Attachment 2.

North York Community Council held a public meeting in accordance with the City of Toronto Act, 2006, and notice of the proposed enactment of the draft by-law was posted on the Public Notices Page of the City's website in accordance with the requirements of the City of Toronto Municipal Code Chapter 162. No one addressed the North York Community Council on September 12, 2016.

Transportation Services recommends that the subject portions of the public lane extending easterly from Ledbury Street between Cranbrooke Avenue and Woburn Avenue be permanently closed.  This public highway is surplus to municipal requirements.

North York Community Council recommends that:

1. City Council authorize the permanent closure of the public highway legally described as Parcel Plan -1, Section M-1649, being Cusack Court, Township of York/North York, City of Toronto being the whole of  PIN 10090-0324 (LT) (the "Highway") and also shown as Part 1 on Sketch No. PS-2012-014, attached to the report (August 12, 2016), from the Director, Transportation Services, North York District.

2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A" to the report (August 12, 2016), from the Director, Transportation Services, North York District.

North York Community Council held a public meeting in accordance with the City of Toronto Act, 2006, and notice of the proposed enactment of the draft by-law was posted on the Public Notices Page of the City's website in accordance with the requirements of the City of Toronto Municipal Code Chapter 162. No one addressed the North York Community Council on September 12, 2016.

Transportation Services recommends that the public highway known as Cusack Court be permanently closed for the incorporation into a proposed mixed-used development of the abutting lands, including Premises Nos. 2 to 14 Cusack Court.

North York Community Council recommends that:

1. City Council exempt the applicant at 1912 and 1914 Avenue Road from the City of Toronto Zoning By-law 569-2013 parking requirement of 15 parking spaces and former City of North York Zoning By-law 7625 parking requirement of 57 parking spaces, subject to a $498,825.00 Payment-In-Lieu of Parking; providing the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

This report seeks Council's approval to exempt the applicant from the parking requirement specified in the City of Toronto Zoning By-law 569-2013 to provide 15 parking spaces and former City of North York Zoning By-law 7625 to provide 57 parking spaces. Instead of accommodating the parking on-site, the applicant has requested Payment-In-Lieu of Parking to the City which amounts to $498,825.00.

The Ontario Municipal Board in Case Number PL150944 authorized a minor variance request for parking shortfall with a condition the owner enter into a Payment-In-Lieu of Parking Agreement with the City.

The parking exemption is considered appropriate since the parking space shortfall is expected to be accommodated by the Toronto Parking Authority Green P parking lots and on-street parking spaces in the surrounding area.

Section 40 of the Planning Act grants Council the authority to approve Payment-In-Lieu of Parking. This application has been made pursuant to the City’s Payment-In-Lieu of Parking Policy, adopted in July 2004. City Council approval is required as this matter has not been delegated.

North York Community Council recommends that:

1. City Council approve a designated accessible parking space to operate at all times on the east side of McRae Drive, between a point 5.5 metres south of Field Avenue and the north curb line of Field Avenue.

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

Transportation Services is requesting approval to designate an accessible parking space in the layby on the east side of McRae Drive next to the path into Trace Manes Park.

The proposed accessible parking space will enable convenient parking for accessible permit holders wanting to visit Trace Manes Park.

North York Community Council recommends that:

1. City Council prohibit parking on Saturdays and Sundays on the west side of Laird Drive, between Millwood Road and McRae Drive.

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

Transportation Services is requesting authority to prohibit parking on weekends on the west side of Laird Drive, between Millwood Road and McRae Drive.

The proposed parking prohibition will address concerns with traffic congestion on weekends. There is sufficient alternate on-street and off-street parking in the area to accommodate patrons of local businesses.

North York Community Council recommends that:

1. City Council confirm the action taken by the North York Community Council in advising the Alcohol and Gaming Commission of Ontario that it has no objection, for liquor licensing purposes, to the following request, noting that applicants are required to comply with other applicable by-laws and obtain the necessary permits for any patio areas extending into the City's right of way:

a. a temporary liquor licence extension from the York University Student Centre, Underground Campus Kitchen, for the proposed outdoor beer garden for YorkFest, hosted by The Underground, York University Student Centre, and the York Federation of Students, at York University, to be held at Catalpa Court, located on the north east side on campus, 4700 Keele Street, on September 21, 2016, from 11:00 a.m. to 6:00 p.m.

North York Community Council: 

1. Directed that the Alcohol and Gaming Commission of Ontario be advised that the North York Community Council has no objection, for liquor licensing purposes, to the following request, noting that applicants are required to comply with other applicable by-laws and obtain the necessary permits for any patio areas extending into the City's right of way:

a. a temporary liquor licence extension from the York University Student Centre, Underground Campus Kitchen, for the proposed outdoor beer garden for YorkFest, hosted by The Underground, York University Student Centre, and the York Federation of Students, at York University, to be held at Catalpa Court, located on the north east side on campus, 4700 Keele Street, on September 21, 2016, from 11:00 a.m. to 6:00 p.m.

2. Declared the following to be an event of municipal significance:

a. WillowWood School's Wine and Cheese and Art Show, to be held on Thursday, November 10, 2016, from 7:00 p.m. to 10:00 p.m., at WillowWood School, 55 Scarsdale Road. 

Seeking endorsement of events for Municipal Significance for liquor licensing purposes.

 North York Community Council recommends that:

1. City Council authorize the installation of a traffic control signal at the Bayview Avenue access to the Gates of Bayview lands at 4001, 4003 and 4005 Bayview Avenue, provided the expense of the installation be funded by the owner of such lands.

At its meeting of July 12, 13, 14, and 15, 2016, City Council directed City Planning staff, Transportation Services staff, and Legal Services staff to provide an update to the September 12, 2016 meeting of North York Community Council on the status of the development applications for Zoning By-law Amendment and Site Plan Control for the lands at 4001, 4003 and 4005 Bayview Avenue.  The motion can be found here: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.MM20.21.

North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to Blocks 1-8 on Registered Plan of Subdivision 66M-2527 as generally illustrated on Attachment 1 to the report (August 10, 2016) from the Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire one year following enactment by City Council.

2. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

3. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

5. Prior to introduction of the Part Lot Control Exemption Bill, City Council require the applicant to provide a survey to the satisfaction of the Executive Director, Engineering and Construction Services confirming that the services for all proposed lots are wholly within the lot boundaries, or the Owner shall register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or her designate.

6. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction as may be registered on title pursuant to Recommendation 5 above, when:

a. the applicant submits a survey to the satisfaction of the Executive Director, Engineering and Construction Services confirming that the services for all proposed lots are wholly within the lot boundaries; or

b. if the services are not wholly within the boundary of each lot being created:

i. the Owner shall relocate the services and submit a survey confirming that the services for all proposed lots are wholly within the lot boundaries, to the satisfaction of the Executive Director, Engineering and Construction Services; or

ii. satisfactory arrangements have been made with the Executive Director, Engineering and Constructions Services and the City Solicitor to ensure that necessary easements are being created for access to the services that are not within the boundary of each newly created lot.

Applications have been submitted to permit an exemption from Part Lot Control for 238, 240, 242, 244, 250, 252, 254, 256 & 258 Finch Avenue East. The lifting of Part Lot Control on the subject lands will allow for the division of 8 blocks which will create a total of 58 townhouse dwellings for individual ownership.

It is of note that two separate applications for Part Lot Control have been submitted: one for Blocks 1-4 (16 156207 NNY 24 PL) and one for Blocks 5-8 (16 178708 NNY 24 PL).

This report reviews and recommends approval of Part Lot Control Exemption.

The Final Report, dated August 10, 2016 from the Director, Community Planning, North York District, recommends approval of the Part Lot Control Exemption Application to allow for the division of 8 blocks which will create a total of 58 townhouse dwellings for individual ownership. 

This supplementary report responds to comments received from Engineering and Construction Services regarding confirmation of the location of as-built service connections for each proposed individual lot. This report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or her designate.

North York Community Council recommends that:

1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the Draft Plan of Common Elements Condominium for the lands at 206 and 208 Finch Avenue West, as generally illustrated on Attachment 1 to the report (August 9, 2016) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed in Attachment 2 to the report (August 9, 2016) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to 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 may deem to be appropriate to address matters arising from the on-going technical review of this development.

2. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 206 and 208 Finch Avenue West, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4. Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or her designate.

5. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

North York Community Council held a statutory public meeting on September 12, 2016 and notice was given in accordance with the Planning Act.  No one addressed the North York Community Council on September 12, 2016.

This application proposes to establish a driveway and landscape area as a common element at 206 and 208 Finch Avenue West.  The common elements condominium is required to provide legal pedestrian and vehicular access to eight (8) residential townhouse units and to ensure shared ownership and maintenance of the common elements by the condominium corporation.

  
The requested exemption from the Part Lot Control provisions of the Planning Act is required to permit the creation of conveyable lots for the eight (8) residential townhouse units fronting Finch Avenue West.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and Part Lot Control Exemption. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or her designate.

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 740 and 740 Sheppard Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to the report (August 17, 2016) from the Director, Community Planning, North York District.

2. City Council amend Zoning By-law 7625, for the lands at 740 and 748 Sheppard Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (August 17, 2016) from the Director, Community Planning, North York District.

3. City Council amend Zoning By-law 569-2013, for the lands at 740 and 748 Sheppard Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (August 17, 2016) from the Director, Community Planning, North York District.

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

5. City Council direct City Planning staff to, in a separate report, evaluate the extent to which the Sheppard West-Dublin Secondary Plan has succeeded in providing "a lively pedestrian environment" and in so doing: 

a. evaluate the types of businesses that have populated Sheppard Avenue;

b. report on what adjustments need to be made in the Plan to encourage the growth of retail uses that actually contribute to a lively retail pedestrian environment;

c. that this report be tabled at the North York Community Council in 2017, and include any recommended changes to the site plan design guidelines.

6. City Council direct that Streetscape improvements include multiple seating opportunities to enhance the streetscape and pedestrian experience.

7. City Council direct Urban Design staff to report separately on how ground level street parking can be incorporated into an attractive arterial road streetscape in a pedestrian-oriented environment.

North York Community Council held a statutory public meeting on September 12, 2016 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and former City of North York Zoning By-law No. 7625 to permit the development of a 9-storey (28.5-metre), mixed-use building with 82 residential units and 196 square metres of commercial space at grade, at 740 and 748 Sheppard Avenue West.  There are 81 parking spaces proposed in a 3-level underground garage.  The Official Plan Amendment proposes to amend the Sheppard West / Dublin Secondary Plan to provide for a density of 3.5 times the area of the lot and a height of 9 storeys.  The Zoning By-law Amendment proposes to amend former City of North York Zoning By-law 7625 and City of Toronto Zoning By-law 569-2013 to permit a mixed use development and establish appropriate performance standards.

The redevelopment proposal is in keeping with the objectives of the Sheppard West – Dublin Secondary Plan to encourage intensification along this well served transit corridor and a diversity of commercial and residential uses along Sheppard Avenue West while protecting the abutting lower density residential uses and improving the streetscape.

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

North York Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the draft plan of subdivision as generally illustrated on Attachment 3 to the report (August 23, 2016) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed in Attachment 4 to the report (August 23, 2016) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the plan of subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional 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.

2. Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

3. City Council direct City Planning staff, in consultation with Transportation Services, to pursue opportunities for the creation of a median on Tippett Road in accordance with Policy 5.7 of OPA 309 for the Tippett Road Area Regeneration Study.

North York Community Council held a statutory public meeting on September 12, 2016 and notice was given in accordance with the Planning Act.

This subdivision application proposes to create a public street running west from Tippett Road and a public park at 30 Tippett Road within the Tippett Road Regeneration Study area. The public street will be used to access future residential developments at 30 Tippett Road as well as 36 and 36 R Tippett Road while the public park will serve as a public amenity.

This report advises that the Chief Planner intends to approve the Draft Plan of Subdivision subject to appropriate conditions of approval.

North York Community Council recommends that:

1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the draft plan of subdivision as generally illustrated on Attachment 2 to the report (August 16, 2016) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed in Attachment 4 to the report (August 16, 2016) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the plan of subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional 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.

2. City Council request Transportation Services staff to consider funds in the Transportation Services 2017 Capital program in order to initiate a feasibility study on a pedestrian and cycling overpass of the Metrolinx railway corridor, and report back by the second quarter of 2017 with preliminary findings and costing.

3. City Council direct Transportation Services staff to initiate discussion with other City staff including Build Toronto, on completed and in progress railway overpass projects to determine best practices and opportunities to utilize existing design options and an accelerated construction time-frame.

4. City Council direct Transportation Services staff in conjunction with other appropriate Divisions, to initiate discussion with the Federal Government of Canada to determine eligibility for infrastructure funding for this overpass project.

5. City Council direct that Engineering and Construction Services staff expedite by the end of 2017 the review of the proposed retaining wall for Block G and assist the applicant to move towards its construction in a timely manner.

6. City Council direct that appropriate arrangements are made to ensure the retaining wall is built along the entire boundary of Mount Sinai Cemetary, including on the lands to be transferred to the City of Toronto, with a consistent design and construction method.

7. City Council direct Transportation Services staff to also review the proposed retaining wall design to ensure that there is no impact on the provision for a future railway overpass structure.

North York Community Council held a statutory public meeting on September 12, 2016 and notice was given in accordance with the Planning Act.

This application proposes to create 7 blocks to accommodate 225 residential dwelling units (comprised of a mix of 166 freehold laneway townhouses and 59 stacked townhouses), the extension of three public roads and one new public road.  Of the proposed 225 residential units, 23 will be secured as affordable rental housing.

An area located at the southeast quadrant of the site is also protected for a future pedestrian and cyclist overpass of the railway corridor to connect with the Ancaster residential community located to the east.

The property is known as Block "G" with the present municipal address of 80 Carl Hall Road.

This report also advises that the Chief Planner intends to approve the Draft Plan of Subdivision.

North York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Ontario Municipal Board (OMB) hearing to oppose the Zoning By-law Amendment application in its current form for the property at 346, 350, 352 and 356 Eglinton Avenue West.

2. The City Solicitor and appropriate staff be authorized to continue discussions with the applicant to address the issues outlined in the report (August 30, 2016) from the Director, Community Planning, North York District, and to report back to City Council on the outcome of discussions, if necessary.

3. Should the Ontario Municipal Board approve the application, City Council direct the City Solicitor to advise the Board that the zoning by-law should not be approved without the provisions of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

4. Should the Ontario Municipal Board approve the application, City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold it's Order approving the application until such time as:

a. The Board has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City; and

b. A Section 37 Agreement has been executed to the satisfaction of the City Solicitor.

The applicant has appealed their application for a Zoning By-law Amendment to the Ontario Municipal board due to Council’s failure to make a decision within the prescribed time period under the Planning Act. The purpose of this report is to seek Council’s direction for staff representation at the OMB hearing. The report seeks Council direction to oppose the proposal in its current form. A prehearing will be held on October 12, 2016. A full hearing is scheduled between November 21st to December 9th, 2016.

This application proposes to amend the former City of Toronto Zoning By-law 438–86 and City-wide Zoning By-law 569-2013 for the lands at 346, 350, 352 and 356 Eglinton Avenue West, to permit a 15-storey (47.90 metres plus a 5.5 metres mechanical penthouse) mixed-use building containing 112 residential units, 189 square metres of commercial space at-grade and three levels of underground parking that would provide 57 vehicle parking spaces. The total gross floor area proposed is 8,436 square metres representing a density of 8.52 times the area of the lot.

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board (OMB) hearing to oppose the Official Plan and Zoning By-law Amendment applications for 11, 13, 15 and 19 Altamont Road in their current form.

2. Should the OMB approve the applications, City Council authorize the City Solicitor to request that the OMB withholds its Order approving the applications until such time as the OMB  has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the City.   

3. City Council authorize the City Solicitor in consultation with the local Councillor and appropriate staff to review any new proposal from the applicant which addresses City concerns and that any such proposal being considered for settlement be presented to the community, and to the North York Community Council, at least three (3) months prior to any scheduled Ontario Municipal Board hearing.

The applicant has appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act. A hearing has been scheduled for March 6th, 2017.

This application proposes to amend the Official Plan and Zoning By-laws for the lands located at 11, 13, 15 and 19 Altamont Road to permit a residential development consisting of 4 apartment buildings in a back-to-back stacked townhouse form containing 82 residential units with one level of shared underground parking containing 96 parking spaces.  The subject site is an assembly of 4 residential properties within an area designated as Neighbourhoods in the Official Plan.

This report recommends that the City Solicitor, together with City Planning staff and other appropriate staff attend the OMB hearing in opposition to the current proposal.

North York Community Council recommends that:

1. City Council deny the request for a permit to remove one (1) privately-owned tree located at 318 Lytton Boulevard.

This report requests that City Council deny the request for a permit to remove one (1) privately-owned tree located at 318 Lytton Boulevard. The application indicates the reason for removal is to address safety concerns regarding tree defects identified in an arborist report that accompanied the application. The arborist report indicates it is not possible to make the tree safe by pruning.

The subject tree is a black walnut (Juglans nigra) measuring 89 cm in diameter. Urban Forestry does not support removal of this tree as it is healthy and maintainable.

North York Community Council recommends that:

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

This report requests that City Council deny the request for a permit to remove one (1) privately-owned tree located at 1 Tottenham Road. The application indicates the reason for removal is to accommodate construction of a rear yard patio.

The subject tree is a Scots pine (Pinus sylvestris), measuring 60 cm in diameter. Urban Forestry does not support the removal of this tree as it is healthy and maintainable.

North York Community Council recommends that: 

1. City Council approve the requested variance to §694-21D(5)(a) of the Sign By-law to allow one illuminated wall sign to be displayed at the uppermost portion of the third storey of the south elevation, at the premises municipally known as 220 Sheppard Avenue West, as described in Attachment 1 to the report (August 10, 2016) from the Director and Deputy Chief Building Official, Toronto Building.

That North York Community Council adopted the following process for this application to consider a variance under Chapter 694:

1. The order of the item will be:

1. Presentation from Speakers.

2. Questions of Speakers by Councillors.

3. Presentation from Staff.

4. Questions of Staff.

5. Debate and Decision.

2. All speakers will have 5 minutes to speak with the applicant being allowed to go first. If the applicant wants to respond to comments from other speakers at the end of all the presentations he/she can do so, but will have a maximum of 3 minutes to provide responding comments.

3. Members may ask questions of deputants for 5 minutes following their presentations, and may have a further round of questioning after everyone has had the opportunity.

Having reviewed the report (August 10, 2016) from the Director and Deputy Chief Building Official, Toronto Building, including the attachments and oral submissions of the Applicant presented to the meeting on September 12, 2016, the North York Community Council adopted the recommendations referenced under the Community Council Recommendations.

On March 22, 2016, the Sign Variance Committee heard Item SB8.3 and granted one variance from the Sign By-law required to allow one illuminated wall sign to be displayed at the uppermost portion of the third storey of the south elevation (the "Proposed Sign") of the building at 220 Sheppard Avenue West, as shown in Figure 1.

Staff informed the Sign Variance Committee that the variance being sought should be refused on the basis that the Proposed Sign failed to meet all of the criteria prescribed in §694-30 of the Sign By-law.

Councillor Filion filed an application to consider.

This report also includes, as attachments, the reports of staff, and all other materials which were submitted to the Sign Variance Committee for the March 22, 2016 meeting.

North York Community Council recommends that:

1. City Council state its intention to amend former Borough of East York By-law No. 6-87 to revise the Reasons for Designation in accordance with the Statement of Significance: 1477 Bayview Avenue attached as Attachment No. 4 to the report (August 10, 2016) from the Chief Planner and Executive Director, City Planning Division to explain the cultural heritage value or interest of the property and describe its heritage attributes.

2. If there are no objections to the proposed amendment in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council amending designating By-law No. 6-87.

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

4. If the proposed amendment 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 to amend the designating by-law.

5. City Council include the views identified in the report (August 10, 2016) from the Chief Planner and Executive Director, City Planning, in an amendment to the Official Plan Public Realm Policy, Section 3.1.1., Schedule 4.

This report recommends that City Council amend former Borough of East York By-law No. 6-87 designating the property at 1477 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act to revise the Reasons for Designation in accordance with the 2005 changes to the Ontario Heritage Act.  The site contains the Garden Court Apartments (1939-46), a complex of 10 low-rise apartment buildings surrounding a central landscaped courtyard that is a local landmark in Toronto. 

The property owners have applied to convert the existing apartment complex with 104 rental units into a residential condominium.  To assist staff in assessing proposed changes to the site that may result from this application, it is important to update the existing designating by-law to reflect all of the property's cultural heritage values and attributes as set out in the 2005 amendments to the Ontario Heritage Act.

The Toronto Preservation Board on August 25, 2016, considered a report (August 10, 2016) from the Chief Planner and Executive Director, City Planning Division regarding Amendment of Designating By-law - 1477 Bayview Avenue.

North York Community Council submits this item to City Council without recommendation.

This report recommends that City Council authorize the study of the Lawrence Park West area as a potential Heritage Conservation District (HCD), under Section 40.(1) of the Ontario Heritage Act.

The Lawrence Park West HCD Study Nominated Area, as indicated by the boundary in Attachment 1 of this report, is one of the 97 potential HCD study areas in Official Plan Amendment No. 38.

Authorization to study Lawrence Park West HCD would allow the area to be included in a staff review and analysis of prioritization for HCD studies in 2017 and 2018.

The Toronto Preservation Board on August 25, 2016, considered a report (August 19, 2016) from the Chief Planner and Executive Director, City Planning Division regarding Authorization to Study Lawrence Park West as a Potential Heritage Conservation District.

North York Community Council recommends that:

1. City Council reduce the speed limit from 50 km/h to 40 km/h on Brian Drive from Sheppard Avenue to Van Horne Avenue.

After extensive consultation with the residents of the Brian Drive area, the overwhelming consensus was that the neighbourhood would like to see a reduction of the posted speed limit to 40 km/h along Brian Drive to enhance safety throughout the Brian Village area.

I respectfully request that this matter be added to the North York Community Council agenda, on Monday, September 12, 2016.

North York Community Council recommends that:

1. City Council direct Transportation Services staff to conduct a study and report back to the Public Works and Infrastructure Committee by first quarter 2017 to determine the potential of installing bike lanes along the following streets;

a. Dovehouse Avenue between Keele Street/William Baker cycling loop and Sentinel Road.

b.Sentinel Road between Dovehouse Avenue and Sheppard Avenue West.

2. City Council direct that the appropriate City staff host a community consultation.

With the introduction of the City of Toronto's Ten Year Cycling Network plan, the need for connecting various existing bike paths to growing communities is becoming more vital than ever. By enhancing the City's cycling network, residents will be given an alternative transportation option. In Wards 8 and 9 there are bike lanes on The Pond Road between Shoreham Drive and Sentinel Road, on Sentinel Road between The Pond Road and Dovehouse Avenue, and on Finch Avenue West under in the Barrie railway line. There are bike paths in along the Black Creek, and bike loops in the William Baker Neighbourhood east of the intersection of Dovehouse Avenue and Keele Street, and in Downsview Park south of Sheppard Avenue West.   I would like to close the gaps in cycling routes in Wards 8 and 9. Dovehouse Avenue is short and has a wide paved area. It is potentially a good connecting route for bike lanes between Sentinel Road and the William Baker cycling loop. There is also the potential to extend the existing Sentinel Road bike lanes the short distance from Dovehouse Avenue and Sheppard Avenue West.

This report requests that City Council deny the application for a permit to remove one (1) privately-owned tree located at 45 Whiterock Drive. The application indicates the main reasons for requesting tree removal are due to concerns over the tree's proximity to the house and the concern that the tree may fail during a wind storm and fall towards the house. Falling needles and security due to the tree blocking the view of the house are additional concerns.

The subject tree is a Colorado spruce (Picea pungens) measuring 38 cm in diameter. Urban Forestry does not support the removal of this tree as it is healthy and maintainable.

Scarborough Community Council recommends that:

1.  City Council deny the request for a permit to remove one (1) privately-owned tree located at 18 Fitzgibbon Avenue.

This report requests that City Council deny the application for a permit to remove one (1) privately-owned tree located at 18 Fitzgibbon Avenue. The owner is requesting a permit to remove the tree due to its close proximity to an existing home, allowing squirrels to access the roof, and due to the number of insects entering the home.

The subject tree is a Norway spruce tree (Picea abies), measuring 34 cm in diameter.  Urban Forestry does not support the removal of this tree as it is healthy and maintainable.

Scarborough Community Council recommends that:

1. City Council not approve the installation of traffic control signals or a pedestrian crossover at the intersection of Kennedy Road at Perthshire Street.

This report recommends that neither traffic control signals nor a pedestrian crossover be approved near the intersection of Kennedy Road at Perthshire Street.  The assessment concludes that based on current peak vehicular and pedestrian volumes and delays and conflicts at this intersection, neither traffic control signals nor a pedestrian crossover is warranted at this time.

Scarborough Community Council recommends that:

1.   City Council designate the southerly eastbound lane on Steeles Avenue East between Midland Avenue and a point 90 metres west, for eastbound right turns only, buses excepted.

2.   City Council designate the northerly westbound lane on Steeles Avenue East, from Midland Avenue to a point 60 metres east, for westbound right turns only, buses excepted.

This report recommends that eastbound and westbound right-turn lane pavement markings and regulatory signage at the intersection of Steeles Avenue East and Midland Avenue be by-lawed to clearly define lane usage and to mitigate conflicts and delays.

Scarborough Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium for the lands at 3765 St Clair Avenue East, as generally illustrated on Attachment 1 to report dated August 5, 2016, from the Acting Director, Community Planning, Scarborough District, subject to:

a.  the conditions as generally listed in Attachment 2 to report dated August 5, 2016, from the Acting Director, Community Planning, Scarborough District, which except as otherwise noted must be fulfilled prior to 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 may deem to be appropriate to address matters arising from the on-going technical review of this development.

2.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 3765 St. Clair Avenue East as generally illustrated on Attachment 3 to report dated August 5, 2016, from the Acting Director, Community Planning, Scarborough District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3.  City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4.  Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or  his/her designate.

5.  City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6.  City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

The Scarborough Community Council held a statutory public meeting on September 7, 2016, and notice was given in accordance with the Planning Act.

This condominium application proposes to create common element driveways and visitor parking for a 21 unit townhouse development at 3765 St Clair Avenue East. The accompanying part lot control exemption application proposes to create one lot for each townhouse unit, for a total 21 conveyable lots.

The applications meet all of the applicable requirements and are consistent with the approved site plan.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and Part Lot Control Exemption.

Scarborough Community Council recommends that City Council concur in the action taken by the Scarborough Community Council in approving a special occasion liquor license permit to the Scarborough Hospital Foundation for the Brave T.O. Race on the grounds of the Morningside Park at 390 Morningside Avenue, due to the timing of the event: September 24, 2016 from 11:00 a.m. to 6:00 p.m.

Scarborough Community Council:

1.  Under its delegated authority, declared the Brave T.O. Race to be held on September 24, 2016, on the grounds of the Morningside Park at 390 Morningside Avenue, from 11:00 a.m. to 6:00 p.m., to be an event of community and/or municipal significance for liquor licensing purposes and due to timing constraints, approved the Brave T.O. Race event and requested City Council to concur in the action taken.

Seeking endorsement of events for liquor licensing purposes.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, as amended for the lands at 45 Dovercourt Road substantially in accordance with the draft Zoning By-law Amendment to be available at the September 7, 2016 Toronto and East York Community Council Meeting.

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

3.  Before introducing the necessary Bills to City Council for enactment, require the owner(s) to:

a.  provide a revised functional servicing and stormwater management report to the satisfaction of the Executive Director, Engineering and Construction Services for review and acceptance;

b.  make satisfactory arrangements with the Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, in accordance with the functional servicing report accepted by the Executive Director, Engineering and Construction Services; and

c.  obtain and submit a discharge agreement/permit from City of Toronto, Toronto Water, Environmental Monitoring and Protection Section for discharging groundwater to city sewers, if applicable.

The Toronto and East York Community Council held a statutory public meeting on September 7, 2016, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit the construction of a 6-storey 25-unit residential building at 45 Dovercourt Road.

The proposal will have an overall gross floor area of 2945 square metres.  A total of 24 parking spaces will be provided in parking stackers.  The proposed development is an appropriate infill development on the subject site.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Toronto and East York Community Council recommends that:

1.  City Council amend the Official Plan, for the lands at 30 and 66 Humbert Street substantially in accordance with the draft Official Plan Amendment No. 353 attached as Attachment 4 to report (August 18, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend Zoning By-law 438-86 for the lands at 30 and 66 Humbert Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to report (August 18, 2016) from the Director of Community Planning, Toronto and East York District, with Attachment 5 amended by:

a.  Deleting the numbers “4(4)” in Section 2;

b.  Deleting Section 2. (b) and replacing it with the following new section (b):

"2.(b) In addition to the uses permitted by Section 6(1), the following additional uses are permitted within the building which existed on the lot on January 1, 2016:

a) artist and/or photographer studio;

b) charitable institution;

c) cultural and arts facilities;

d) custom workshop;

e) commercial school;

f) day nursery;

g) social enterprise office

h) performing arts studio;

i) trade school; and,

j) youth recreation facility."

c.  Deleting Section 2. (c) and replacing it with the following new section (c):

"2.(c) The following uses permitted in 2.(b) will not occupy more than 1 floor within the building which existed on the lot on January 1, 2016:

a) commercial school; and,

b) trade school."

d.  Deleting Section 2. (g) and replacing with the following new (g):

"2.(g) None of the provisions of Section 4(4) of By-law 438-86, as amended, apply to the non-residential uses permitted on the lot, provided a minimum of 11 parking spaces are provided on the lot, except for the following uses, which will continue to be subject to the parking requirements of Section 4(4) of By-law 438-86, as amended:

a) a place of worship; and,

b) all uses listed under Section 6(1)(f)(b)(iii) General Institutions, other than a ‘charitable organization’."

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

4.  City Council request the Toronto Catholic District School Board to consult further with local residents and business owners on the future use of the building in accordance with the proposed new zone provisions at 30 and 66 Humbert Street and to include the Ward Councillor in these discussions when necessary.

The Toronto and East York Community Council held a statutory public meeting on September 7, 2016, and notice was given in accordance with the Planning Act.

On June 7, 2016, City Council directed City Planning Staff to report to the September 7th, 2016 meeting of Toronto and East York Community Council on amending the City’s Official Plan and Zoning By-law to permit additional artist studio, community and cultural facility, custom workshop, commercial school, day nursery, social enterprise office space, and performing arts studio uses within the existing Senhor Santo Cristo Catholic School building at 30 and 66 Humbert Street.

This City-initiated application proposes to allow the additional uses of non-profit art space, studio space, day nursery, children, youth and senior services and other similar uses within the existing building at 30 and 66 Humbert Street.  No additions to the school building are proposed.  The proposed new uses would be served by the existing parking, loading, and site servicing.

The site ceased use as a school in June 2016 but is intended to remain in the Toronto Catholic District School Board’s ownership.  The proposed new uses would allow the site to continue providing local services until such time as changes to area demographics necessitate the conversion of the building back to use as a school.  The size of the new uses is proposed to be restricted to ensure the uses assist in maintaining the local serving function of the facility.

This report reviews and recommends approval of the City-initiated application to amend the Official Plan and Zoning By-law 438-86, as amended.

The Toronto and East York Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, as amended, 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 217-219 Manning Avenue, as generally illustrated on Attachment 1 to the report (August 16, 2016) from the Director, Community Planning, Toronto and East York District, subject to:

a.  the conditions as generally listed in Attachment 2 to the report (August 16, 2016) from the Director, Community Planning, Toronto and East York District, which except as otherwise noted must be fulfilled prior to 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.

2.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 217-219 Manning Avenue generally illustrated on Attachment 3 of the report (August 16, 2016) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3.  City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4.  Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning or designate.

5.  City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6.  City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

The Toronto and East York Community Council held a statutory public meeting on September 7, 2016, and notice was given in accordance with the Planning Act.

The Draft Plan of Common Elements Condominium application and Part Lot Control Exemption application proposes to allow vehicle access over a shared private driveway providing access to an approved 9-unit townhouse development for the property at 217-219 Manning Avenue.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and approval of the Part Lot Control Exemption.  In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or her designate.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86 for the lands at 897 and 899 Queen Street East substantially in accordance with the draft Zoning By-law Amendment as Attachment 9 to the report (August 19) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 897 and 899 Queen Street East substantially in accordance with the draft Zoning By-law Amendment as Attachment 10 to the report (August 19) from the Director, Community Planning, Toronto and East York District.

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

4.  City Council request the Chief Planner and Executive Director, City Planning to include the following as part of the Site Plan Approval process:

a. a Construction Liaison Committee as a condition of site plan approval and that the developer work with the community, including, but not limited to, Syndicate Sound (at 909 Queen Street East, the local residents and representatives of the Leslieville Business Improvement Area, the local schools and the appropriate staff to implement such a plan; and

b. the requirement for the developer to include a minimum of 75 percent of advertisement surface area on the construction hoarding be allocated to community artwork at their sole cost and to the satisfaction of the Ward Councillor.

5.  City Council direct the Chief Planner and Executive Director, City Planning to secure streetscaping adjacent to the site through the Site Plan approval process and ensure that such streetscaping is determined through review of the existing Streetscape Manual and streetscaping associated with the Leslie Barns to ensure that future streetscaping along the length of Queen Street East within Leslieville is appropriate and consistent.

6.  City Council exclude the subject site (897 and 899 Queen Street East) from Permit Parking Area 8D and request the Applicant to provide appropriate notice to potential purchasers.

7.  City Council request the General Manager, Transportation Services to review and report to the Toronto and East York Community Council in the first quarter of 2017 on the potential to explore changes to the use and design of the Morse-McGee laneway (which extends east from Empire Avenue to Carlaw Avenue), adjacent to the subject site, to potentially formalize safe pedestrian movement on the laneway.

The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning to report to the October 5, 2016 meeting of City Council on:

a. clarification of the parking requirement based on the current unit mix for the development proposal, as well as the city requirement for laneway loading; and

b. the outcome of discussions with Syndicate Sound, the appropriate City staff, including representatives from the Film, Television and Digital Media Office and the Ward Councillor’s office, to develop a construction mitigation plan that is fair and satisfactory to all parties and which recognizes the role of Syndicate in Toronto's video game development industry.

This application proposes to demolish the existing buildings at 897 & 899 Queen Street East and develop a 6 storey mixed-use building, with a maximum height of 20.0 metres (23.5 metres to the roof of the mechanical penthouse) and a maximum density of 3.8 times the area of the lot.  The proposed building will maintain at grade retail fronting Queen Street East, three grade-related residential units fronting onto the public laneway to the south and 5 storeys of residential units above.  59 residential units are proposed, with a gross floor area of approximately 5,500 square meters and 320 square metres of retail at grade.

The proposed building represents appropriate and incremental intensification along Queen Street East that conforms with the Official Plan and is consistent with the recently adopted Leslieville Urban Design Guidelines.  The proposed building fits within the existing and planned context and character of Leslieville and contributes to the fine-grain retail rhythm of the area.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 2301 and 2315 Danforth Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 12, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend Zoning By-law 569-2013, for the lands at 2301 and 2315 Danforth Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (August 12, 2016) from the Director, Community Planning, Toronto and East York District.

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

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into one or more Agreement(s) pursuant to Section 37 of the Planning Act to secure the following at the owner's sole expense all to the satisfaction of the Chief Planner and Executive Director, City Planning:

Prior to the issuance of above grade permits provide a cash contribution of $400,000.00 which is to be used for the following:

i.  $400,000.00 towards improvements to local parks; and

ii.  in the event the cash contributions referred to in Recommendation 4.i. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

5.  The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the Owner shall provide and maintain 14 residential rental dwelling units on the subject site as rental housing for a period of at least 20 years, comprising 4 bachelor and 10 one-bedroom units, as shown on the plans submitted to the City Planning Division dated July 5, 2016 with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning.  Of these units, at least 2 bachelor and 5 one-bedroom units shall have rents set at 80 percent of affordable rents, which shall be offered to tenants on the centralized waiting list for housing; and 2 bachelor and 5 one-bedroom units shall have affordable rent, which may be offered to tenants on the centralized waiting list for housing;

ii.  the Owner shall enter into, and register on title, one or more Section 111 Agreement(s) to secure the rental replacement units outlined above and as detailed in the draft Zoning By-law Amendments which are Attachment 9 and 10 to the report (August 12, 2016) from the Director, Community Planning, Toronto and East District to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

iii.  the Owner shall enter into and register a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands comprising the 14 replacement residential rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or designate to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

6.  City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the demolition of the existing 14 rental dwelling units located at 2301-2315 Danforth Avenue subject to the following conditions:

i.  the owner shall provide and maintain 14 rental dwelling units, comprising 4 bachelor and 10 one-bedroom units in the development for a period of at least 20 years as shown on the plans submitted to the City Planning Division dated July 5, 2016;

ii.  the owner shall provide at least 2 bachelor and 5 one-bedroom replacement rental dwelling units with rents set at 80 percent of affordable rents, which shall be offered to tenants on the centralized waiting list for housing, and no more than 2 bachelor and 5 one-bedroom replacement rental dwelling units at affordable rents, which may be offered to tenants on the centralized waiting list for housing;

iii.  the owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in Recommendation 6.i and ii. above and as described in the Draft Zoning By-law Amendment which is Attachment 9 and 10 to the report  (August 12, 2016) from the Director, Community Planning, Toronto and East York District to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

iv.  the owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 14 replacement rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

7.  City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval for the application under Municipal Code Chapter 667 for the demolition of the 14 rental dwelling units at 2301-2315 Danforth Avenue after all of the following have occurred:

i.  the Zoning By-law Amendments have come into full force and effect;

ii.  the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or designate, pursuant Plan to Section 114 of the City of Toronto Act, 2006; and

iii.  the issuance of excavation and shoring permits for the approved development of the site.

8.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 7 for the existing residential rental dwelling units.

9.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act for the existing residential units at 2301-2315 Danforth Avenue no earlier than the issuance of the first Building Permit for the foundation of the development and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 7 which permit may be included in the demolition permit for Chapter 667, of the Municipal Code, on condition that:

i.  The owner erect a residential building on site no later than 3 years from the day demolition of the buildings is commenced; and

ii.  Should the owner fail to complete the new building within the time specified in Condition 9(i), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

The Toronto and East York Community Council:

1.  Requested the City Planner and Chief Executive Officer, City Planning to report directly to City Council on potential revisions to the proposal to provide greater articulation of the front elevation by way of step-backs and/or additional reveals and material changes.

2.  Requested the General Manager, Transportation Services, to review and report back to the October 13, 2016 meeting of the Toronto and East York Community Council on the realignment of Permit Parking area 9A and the exclusion of the property located at 2301 and 2315 Danforth Avenue.

This application proposes an 8-storey mixed-use building with 381m2 of at-grade retail space and 170 residential units at 2301 and 2315 Danforth Avenue.

The City Planning Division is recommending approval of the proposed development based on its location on an Avenue and on its planning and design attributes:

(a)  the proposed development provides an appropriate transition in scale and density as it steps down from the Danforth Avenue mixed use corridor to the low density neighbourhood to the south;

(b)  the proposed development achieves the City's public realm objectives, including desired sidewalk width on Danforth Avenue;

(c)  an Avenue Segment Review submitted in support of the development at 2359 Danforth Avenue indicates that incremental redevelopments of the same general scale within the identified Avenue Segment will not negatively impact the adjacent neighbourhoods;

(d)  the site is an appropriate location for intensification.  The site is on Danforth Avenue, in close proximity to both Woodbine and Main subway stations, and close to retail, service, entertainment facilities, and places of employment;

(e)  the proposed development satisfies the City's objectives with respect to maintaining affordable rental housing by providing for 14 replacement rental units with rents at or below affordable rates; and

(f)  the Section 37 benefits that would be secured as a result of approval and construction of this development include contributions towards improvements to local parks in the vicinity of the proposed development.

This report reviews and recommends approval of the application to amend the Zoning By-law.

This is a Supplementary Report to the Final Report that has been prepared by the Director, Community Planning, Toronto and East York District dated August 15, 2016 for Zoning By-law amendment application for 2301 and 2315 Danforth Avenue.  This report corrects minor errors and provides additional information on the Housing policies in the Official Plan.

The Toronto and East York Community Council recommends that:

1.  City Council amend the Official Plan for the lands Downtown in accordance with the draft Area Specific Official Plan Amendment attached as Attachment 1 to the report (May 27, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend Zoning By-law 438-86 for the lands Downtown in accordance with the draft Area Specific Zoning By-law Amendment attached as Attachment 2 to the report (May 27, 2016) from the Director, Community Planning, Toronto and East York District.

3.  City Council amend Zoning By-law 569-2013 for the lands Downtown in accordance with the draft Area Specific Zoning By-law Amendment attached as Attachment 3 to the report (May 27, 2016) from the Director, Community Planning, Toronto and East York District.

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

The Toronto and East York Community Council requested the Chief Planner and Executive Director, City Planning, to report to City Council on any further amendments to the revised draft Area Specific Official Plan Amendment attached as Attachment 1 to the report (May 27, 2016) from the Director, Community Planning, Toronto and East York District and the revised draft Area Specific Zoning By-law Amendments attached as Attachments 2 and 3 to the report (May 27, 2016) from the Director, Community Planning, Toronto and East York District.

This report recommends that City Council adopt the proposed City-initiated Official Plan and Zoning By-law Amendments to update the policies and performance standards for front, side and rear lot line setbacks for tall buildings in the Downtown.

This report and body of work is part of TOcore: Planning Toronto's Downtown, a three-year, inter-divisional study led by City Planning.  The purpose of TOcore is to ensure growth positively contributes to Toronto's Downtown as a great place to live, work, learn, play and invest by determining: a) how and where future growth will be accommodated, shaped and managed and b) what physical and social infrastructure will be needed, where it should be located and how it will be secured.

 
This report presents the outcomes of a six-month study and recommends amendments to the Official Plan and two Zoning By-laws to update the setback requirements for tall buildings in the Downtown.  The direction for this report arose from the TOcore Phase 1 Summary Report and Phase 2 Directions Report adopted by City Council on December 9, 2015 and is further discussed in the Decision History section of this report.

Since 2006, Planning Staff have reviewed property line setback requirements for tall building development using a series of guidelines, starting with Design Criteria for Review of Tall Building Proposals (2006) and later with the current Tall Building Design Guidelines (2013) and supplementary Downtown Tall Buildings Guidelines (2012).  Increasing use of guidelines has assisted in implementing the Official Plan intent and was due in part to the absence of performance standards in the Zoning By-law which spoke directly to tall building proposals.  This report recommends updating zoning provisions for lot line setbacks which date back to 1996, a decade before the first tall building design guidelines were adopted by City Council.

The proposed Official Plan and Zoning By-law amendments will apply within the Downtown and provide a policy and regulatory framework to ensure appropriate separation distance between tall buildings.  The proposed Zoning By-law amendments establish minimum required front, side and rear lot line setbacks and the policies provide the planning policy framework for those setbacks.  The setbacks will apply to the tower portion of a tall building on sites that can support tall buildings.  These updated setbacks protect important planning principles such as providing access to sky views, light, and privacy, enhancing a development site's ability to provide high-quality public realm improvements, and protecting the development potential of adjacent sites.

These policies and performance standards are a starting point in updating the Downtown planning framework and ensuring that future growth positively contributes to the liveability, sustainability and health of Toronto's Downtown. Further amendments will be made through the TOcore study.

Toronto and East York Community Council, on June 14, 2016, considered a staff report from the City Planning Division dated May 27, 2016 that recommended that City Council adopt the proposed City-initiated Official Plan and Zoning By-law Amendments (herein referred to as "OPA" and "ZBLAs") to update the policies and performance standards for front, side and rear lot line setbacks for tall buildings in the Downtown.  The item was adjourned at the meeting and will be continued at the September 7, 2016 Toronto and East York Community Council meeting.

The proposed OPA and ZBLAs are the outcome of a six-month study and will provide policy and update the setback requirements for tall buildings in the Downtown.  The direction for this report arose from the TOcore Phase 1 Summary Report and Phase 2 Directions Report adopted by City Council on December 9, 2015.

This supplementary report provides clarification on prevailing site and area specific by-laws and the implementation of the new OPA and ZBLAs.  This report should be read in conjunction with the report dated May 27, 2016.

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 in support of a Zoning By-law Amendment based on the applicant's revised plans dated August 10, 2016 and described in the report (August 24, 2016) from the Director, Community Planning, Toronto and East York District, subject to any final revisions to the satisfaction of  the Chief Planner and Executive Director, City Planning and subject to the following:

a.  The provision by the owner, pursuant to Section 37 of the Planning Act the following community benefits to be included in the Zoning By-law amendment and such community benefits to be secured in an agreement pursuant to Section 37 of the Planning Act in a form satisfactory to the City Solicitor and such agreement shall be registered prior to a final order on the appeals by the Ontario Municipal Board;

i.  a cash contribution of $7,000,000.00 to be provided to the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for the following capital improvements;

A.  $2,800,000.00 towards the multi-purpose community space within the shared community facility (Community Centre, Elementary Schools and Childcare Centre) proposed  at 20 Brunel Court (Block 31 Railway Lands) to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor;

B.  $2,000,000.00 towards  the YMCA Centre at 505 Richmond Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor;

C.  $700,000.00 for the provision of new affordable housing in Ward 20;

D.  $700,000.00 for capital repairs to existing Toronto Community Housing buildings in Ward 20; and

E.   $800,000.00 toward parkland improvements;  in the Southern Linear Park including a Southern Linear Park bridge over Spadina Avenue;  in Canoe Landing Park; and/or for the Bentway (Project Under Gardiner) to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor.

ii.    The required cash contributions pursuant to Recommendation 1.a.i. A, B, C, D and E above shall be provided to the City as follows:

A.  $2,800,000.00 immediately upon the  Zoning By-law coming into full force and effect;

B.  $1,400,000.00 prior to the issuance of an above-grade building permit on the lot; and

C.  $2,800,000.00 prior to any condominium registration.

iii.  The required cash contributions pursuant to Recommendation 1.a.i. A, B, C, D and E above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made; and,

iv.  In the event the cash contribution in Recommendation 1.a.i.B above has not been used for the intended purpose within five (5) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

b.    The following matters are recommended to be secured in the Section 37 Agreement as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

i.      The Owner shall convey and register for nominal consideration, a non-exclusive easement in perpetuity in favour of the City, for an area having a minimum size of approximately 100 square metres for use by the general public as publicly accessible, privately-owned open space (POPS) at the south east corner of the site, the extent of such area to be identified in the zoning by-law to the satisfaction of the Chief Planner and Executive Director, City Planning.  The specific configuration and design of the POPS to be determined to the satisfaction of the Chief Planner and Executive Director City Planning in consultation with the Ward Councillor and local community, as part of site plan approval, and to come into effect on the first residential or non-residential occupancy.  The maintenance of this POPS is to be the responsibility of the owner.

ii.    Prior to the issuance of the first building permit, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, but not limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary; and,

iii.  Prior to site plan approval, the owner shall provide a Loading Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor and the local community. The Loading Management Plan will include, but not limited to, hours of operation of the loading docks and frequency of use by type(s) of loading vehicles and will set out arrangements which will be put in place for the accommodation of smaller delivery vehicles within the parking garage that do not require a loading dock.

2.  City Council authorize the City Solicitor to request that the OMB withhold its final order on the Zoning By-law amendment pending:

a. Receipt of confirmation from the City Solicitor that the final form of the Zoning By-law amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. Receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Recommendations 1.a. and 1.b above.

c. Receipt of confirmation from the City Solicitor of the resolution of outstanding items related to servicing outlined in the memo from City of Toronto, Development Engineering dated June 22, 2016 to the satisfaction of the Executive Director, Engineering and Construction Services.

The application proposes a mixed-use development including retail, office and residential uses at 23 Spadina Avenue. The site occupies the entire block bounded by Spadina Avenue to the west, Navy Wharf Court to the east, Blue Jays Way to the north and Bremner Boulevard to the south. It is one of the few remaining sites to be developed in the Railway Lands and the last site to be developed in the CityPlace neighbourhood of the Railway Lands West and Central areas, where the applicant has developed a number of residential and mixed use developments over the past 15 years.

The proposed development includes a base building of 10 storeys with two towers above. Tower A is proposed to be 59 storeys high (202.18 metres including mechanicals). Tower B is proposed to be 69 storeys high (231.2 metres including mechanicals). The total gross floor area of the proposed development is approximately 120,468 square metres.

The applicant appealed the Zoning By-law amendment application and an associated Site Plan application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision within the prescribed period under the Planning Act. Two prehearings have been held by the OMB, the first on February 18, 2016, and the second July 27, 2016. A further prehearing is scheduled for September 1, 2016 and the full hearing is scheduled for October 31 to November 10, 2016.

A revised proposal for the zoning by-law amendment was submitted in April 2016 and was reviewed by City staff and agencies. Staff continued discussions with the applicant following the April submission on a number of issues. In August 2016 the applicant submitted a letter outlining its agreement to further amendments to the proposal to address remaining issues. The letter is included as Attachment 14 to this report. Main revisions include: a reduced building height, density and unit count; increased building setbacks along street frontages creating additional space for pedestrians and public realm enhancements including a Privately Owned, Publicly Accessible Open Space (POPS); design changes to the building to introduce more articulated elements and tower stepbacks; an increased separation distance between towers; an increased number of larger 2 and 3-bedroom dwelling units suitable for families, and new indoor and outdoor amenity spaces designed for children.

The development proposes a mix of uses that will add to the diversity, vitality and interest of the Railway Lands consistent with the objectives of the Railway Lands Central Secondary Plan. The planning framework for the Railway Lands has long identified this site as a significant site appropriate for a landmark building with complementary streetscape enhancements. Increased setbacks and stepbacks for base building and tower elements and the distinctive architectural design that incorporates public art, along with proposed public realm enhancements including a POPS on-site, reinforce the built form and public realm objectives of the Railway Lands Central Secondary Plan. A range of dwelling unit types and sizes are proposed including many larger apartments. Indoor and outdoor amenity areas specifically designed for children are also proposed. These changes are positive elements of the proposal providing housing and facilities appropriate for families with children.

Staff are recommending that Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the OMB hearing to support the revised development proposal subject to the conditions outlined in this report.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 18 Brownlow Avenue, 174-200 Soudan Avenue and 71-73 Redpath Avenue (15 247245 STE 22 OZ) for reasons including the following:

a. The proposal does not have regard for section 2(h) (j) (p) and (q) of the Planning Act.

b.  The proposal is not consistent with applicable policies in the Provincial Policy Statement, does not conform with the Growth Plan for the Greater Golden Horseshoe and does not conform with the City of Toronto Official Plan.

c.  The proposal represents overdevelopment of the site.

d.  The proposal is not in the public interest and does not represent good planning.

2. In the event that the proposal is approved in some form by the Ontario Municipal Board, that City Council:

a.  authorize the City Solicitor and Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 as may be required by the Chief Planner and Executive Director, City Planning; and

b.  authorize the City Solicitor to secure the requirement of on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City of Toronto for this site set out in Item TE14.31 adopted by City Council at its meeting on March 10, 2016.

This application proposes two residential towers of 25 and 20 storeys linked by a 4-storey base building at 71-73 Redpath Avenue, 174-200 Soudan Avenue and 18 Brownlow Avenue. The proposed development contains 463 new rental dwelling units. 269 new residential parking spaces will be added to the existing 3-level underground garage.

The current proposal represents significant overdevelopment of the site and is not supported by Planning Staff.

The Zoning Amendment Application has been appealed to the Ontario Municipal Board (OMB) by the applicant due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. This report recommends that Council direct the City Solicitor, together with appropriate City Staff, to oppose the proposal at the OMB.

The application is not supported for the reasons outlined in this report. The proposal has not been revised since Staff's February, 2016 preliminary report was submitted to Community Council.

None of the significant issues raised in that report have been addressed to the satisfaction of Staff. The proposed development does not respond to its planned and built context, and is located outside the boundary of the Yonge-Eglinton Urban Growth Centre. It does not comply with the in-force policies of the Official Plan, nor with Council-adopted Official Plan Amendment 289, Minister-approved Official Plan Amendment 320 or Council-adopted built form principles of the Yonge-Eglinton Secondary Plan Area directed for consideration in the review of current applications.