Agenda

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

Members of Council and Staff: Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended. The City Clerk’s Office will not provide additional copies.

Notice to People Writing to Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

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

The City video records Council, committee and community council meetings. If you make a presentation to a committee or community council, the City will be video recording you and City staff may make the video recordings available to the public. If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-7032.

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

January 29, 2016

toronto.ca/council

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

Submitted by Mayor John Tory, Chair

Report of the Board of Health from Meeting 9 on January 25, 2016

Submitted by Councillor Joe Mihevc, Chair

Report of the Community Development and Recreation Committee from Meeting 9 on January 27, 2016

Submitted by Councillor James Pasternak, Chair

Report of the Economic Development Committee from Meeting 9 on January 15, 2016

Submitted by Councillor Michael Thompson, Chair

Report of the Government Management Committee from Meeting 9 on January 4, 2016

Submitted by Councillor Paul Ainslie, Chair

Report of the Licensing and Standards Committee from Meeting 9 on January 22, 2016

Submitted by Councillor Cesar Palacio, Chair

Report of the Parks and Environment Committee from Meeting 9 on January 15, 2016

Submitted by Councillor Michelle Berardinetti, Chair

Report of the Planning and Growth Management Committee from Meeting 9 on January 20, 2016

Submitted by Councillor David Shiner, Chair

Report of the Public Works and Infrastructure Committee from Meeting 10 on January 21, 2016

Submitted by Councillor Jaye Robinson, Chair

Report of the Etobicoke York Community Council from Meeting 11 on January 19, 2016

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 11 on January 19, 2016

Submitted by Councillor Maria Augimeri, Chair

Report of the Scarborough Community Council from Meeting 11 on January 19, 2016

Submitted by Councillor Chin Lee, Chair

Report of the Toronto and East York Community Council from Meeting 13 on January 19, 2016

Submitted by Councillor Mike Layton, Chair

New Business submitted by City Officials 

Councillor Gord Perks has submitted the following Administrative Inquiry:

"I am submitting this Administrative Inquiry, under Municipal Code S27-61, to obtain clarification and information.

Recent press reports give a confusing picture of whether there have been conversations about the potential sale of a portion of Toronto Hydro. I request a description of times, dates, participants, and the substance of any communications or meetings between the Province of Ontario and representatives of the City Of Toronto during this term of Council.

I look forward to your timely response at the next meeting of City Council."

The Executive Committee recommends that:

1.  City Council establish a discretionary reserve fund account named the 'Solid Waste Debt Reserve Fund' in Schedule 8 of City of Toronto Municipal Code Chapter 227,   Reserves and Reserve Funds ("Chapter 227") the purpose of which is to hold funds for contribution to sinking funds once debentures have been issued, with criteria as set out in Appendix 1 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

2.  City Council establish a discretionary reserve fund account named the 'Tree Canopy Reserve Fund' in Schedule 8 of Chapter 227, the purpose of which is to foster and maintain the tree canopy with criteria as set out in Appendix 2 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer, with an initial balance of $1 million, resulting from the approved transfer from the Waste Water Stabilization Reserve (XQ1004).

3. City Council establish a discretionary reserve fund account named the 'Forestry Capital Replacement' in Schedule 8 of Chapter 227, the purpose of which is to receive the portion of the Forestry user fees for capital replacement, with criteria as set out in Appendix 3 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

4.  City Council establish a discretionary reserve fund account named the 'Parks Capital Replacement' in Schedule 8 of Chapter 227, the purpose of which is to receive the portion of the Parks user fees for capital replacement, with criteria as set out in Appendix 4 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

5.  City Council establish a discretionary reserve fund account named the 'Recreation Capital Replacement' in Schedule 8 of Chapter 227, the purpose of which is to receive the portion of the Recreation and Community Recreation user fees for capital replacement, with criteria as set out in Appendix 5 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

6.  City Council establish a discretionary reserve fund account named the 'Donated Assets PF&R Maintenance Reserve Fund' in Schedule 8 of Chapter 227, the purpose of which is to accumulate a portion (10 percent) of the value of donations to Parks, Forestry and Recreation (PF&R) to fund asset replacement and/or major improvements, with criteria as set out in Appendix 6 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

7.  City Council establish a discretionary reserve fund account named the 'Outdoor Ice Contingency Reserve Fund' in Schedule 9 of Chapter 227, the purpose of which is to accumulate funds to support the extension of the artificial ice season, with criteria as set out in Appendix 7 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

8.  City Council establish an obligatory reserve fund account named the 'Development Charges Reserve Fund – Transit - SSE' in Schedule 11 of Chapter 227, the purpose of which is to provide funding for the Scarborough Subway Extension, with criteria as set out in Appendix 8 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

9.  City Council establish a discretionary reserve fund account named the 'Paver Maintenance Reserve Fund' in Schedule 8 of Chapter 227, the purpose of which is to provide funding for the replacement or repair of street pavers, with criteria as set out in Appendix 9 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

10.  City Council establish an obligatory reserve fund account named the 'Management of Contaminated Lands Reserve Fund' in Schedule 14 of Chapter 227, the purpose of which is to fund the management, inspection and maintenance of lands deemed contaminated and subject to Ministry of Environment and Climate Change (MOECC) Certificates of Property Use Requirements or Director's Orders and/or Technical Standards and Safety Authority (TSSA) requirements, with criteria as set out in Appendix 10 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

11.  City Council establish a discretionary reserve fund account named the 'Exhibition Place Green Space Renewal Reserve Fund' in Schedule 8 of Chapter 227, the purpose of which is to hold funds for the re-conversion of the temporary parking to functional green space on the baseball diamond site at Exhibition Place, with criteria as set out in Appendix 11 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

12.  City Council establish a discretionary reserve fund account named the 'TTC Benefits Liability Reserve Fund in Schedule 7 of Chapter  227,  the purpose of which is to ensure funding for the Toronto Transit Commission's (TTC) long-term liabilities for post-retirement medical and dental benefits, with criteria as set out in Appendix 12 to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer.

13.  City Council amend the purpose of the 'Green Lane' account within the Solid Waste Management Reserve Fund Group in Schedule 8 of Chapter 227, to provide funding for the development and operation of the Green Lane Landfill site, with no other changes to the criteria for the account.

14.  City Council: 

a.  Transfer the balances in the obligatory reserve fund accounts currently in the Development Charges 2004 Reserve Fund Group in Schedule 11 of Chapter 227, to the corresponding obligatory reserve fund accounts currently in the Development Charges 2009 Reserve Fund Group in Schedule 11 of Chapter 227, as set out in Section 3a to the report (January 13, 2016) from the Deputy City Manager and Chief Financial Officer;

b. Amend the names of the obligatory reserve fund accounts currently in the Development Charges 2009 Reserve Fund Group and the Group itself in Schedule 11 of Chapter 227 to remove the year identifier but to keep the existing criteria; and,

c.  Close and delete from Chapter 227 the Development Charges 2004 Reserve Fund Group and all the reserve fund accounts within. 

15.  City Council close and delete the following accounts from Chapter 227, because they have zero balances:

16.  City Council amend Chapter 227 in accordance with Recommendations 1 to 15.

17.  City Council direct the City Solicitor to introduce any necessary bills in Council.

The Executive Committee recommends that:

1. City Council amend the board compositions of the Metropolitan Toronto Pension Plan, the Metropolitan Toronto Police Benefit Fund Pension Plan, the Toronto Fire Department Superannuation and Benefit Fund Pension Plan and the Toronto Civic Employees' Pension and Benefit Plan by removing Council Members and replacing them with City Officials, as voting members, so that the composition of these boards will be as follows:

a.  Metropolitan Toronto Pension Plan

              - 1 citizen appointed by Council as chair

              - 3 Member representatives elected by Plan members

              - City Manager designate

              - Deputy City Manager and Chief Financial Officer designate

              - City Treasurer

b.  Metropolitan Toronto Police Benefit Fund

              - 1 citizen appointed by Council as chair

              - 3 Member representatives elected by Plan members

              - City Manager designate

              - Deputy City Manager and Chief Financial Officer designate

              - City Treasurer

              c.  Toronto Fire Department Superannuation and Benefit Fund

- 1 citizen appointed by Council (traditionally appointed as chair by the Committee)

- 3 Member representatives elected by Plan members

- City Manager designate

- Deputy City Manager and Chief Financial Officer designate

- City Treasurer

              d. Toronto Civic Employees' Pension and Benefit Plan

- 1 citizen appointed by Council (traditionally appointed as chair by the Committee)

            - 3 Member representatives elected by Plan members

            - City Manager designate

            - Deputy City Manager and Chief Financial Officer designate

            - City Treasurer

2.  City Council rescind the Council Member appointments to the Metropolitan Toronto Pension Plan, the Metropolitan Toronto Police Benefit Fund pension plan, the Toronto Fire Department Superannuation and Benefit Fund pension plan and the Toronto Civic Employees' Pension and Benefit Plan.

3.  City Council amend the following by-laws governing the pension plans accordingly, including any necessary changes to voting requirements and quorum:

a.  Metropolitan Toronto Pension Plan (By-law No. 15-92 of the former Municipality of Metropolitan Toronto, as amended to date);

b.  The Metropolitan Toronto Police Benefit Fund pension plan (By-law No. 181-81 of the former Municipality of Metropolitan Toronto, as amended to date) ;

c.  Toronto Fire Department Superannuation and Benefit Fund pension plan (By-law No.   10649 of the former City of Toronto, as amended to date); and

d.  Toronto Civic Employees' Pension and Benefit Plan (By-law No. 380-74 of the former City of Toronto, as amended to date).

The Toronto Public Library Board, at its meeting on November 23, 2015, adopted the following motion in considering the E-Book Advocacy report (November 23, 2015) from the City Librarian.

It is recommended that the Toronto Public Library Board:

1. seeks Toronto City Council’s endorsement of a motion, requesting the Department of Canadian Heritage and Industry Canada to investigate current e-book pricing practices of multinational publishers as part of any upcoming statutory review of the Copyright Act; and

2. authorizes and directs staff to take the necessary action to give effect thereto.

Attached is a copy of the report adopted by the Library Board at the November 23, 2015 meeting for Executive Committee consideration.

The Toronto Public Library Board, at its meeting on December 14, 2015, adopted by consent the following motion in considering the Revised Records Retention Schedule report:

It is recommended that the Toronto Public Library Board:

1. approves the revised records retention schedules as reflected in Attachment 1; and

2. presents the revised records retention schedules to the Toronto City Council, through the Executive Committee, for approval.

Attached is a copy of the report adopted by the Library Board at the December 14, 2015 meeting for Executive Committee consideration.

At its meeting on Wednesday, December 16, 2015 the Toronto Transit Commission Board considered the report (December 16, 2015) from the Chief Executive Officer, Toronto Transit Commission, entitled "2015 In-Year Technical Adjustment".

The Board approved the recommendations in the staff report, as follows:

"It is recommended that the Board:

1.  approve the technical budget adjustments as outlined in Appendix A to reflect offsetting project deferrals and accelerations of $77.9 million in the approved 2015 Toronto Transit Commission Capital Budget to/from future year cash flow commitments (including related funding impacts) noting that there is no impact to project approvals or to City debt.

2. approve 2015 funding source adjustments outlined in Appendix A including an increase of $4.8 million in Provincial Gas Tax Funding (PGT) Reserve Funds XR3018, offset by a $4.8 million decrease in the Toronto Transit Commission Depreciation.

3. forward this report to the City of Toronto for Council approval".

The foregoing is submitted to the City of Toronto Executive Committee for Council approval.

The Board of Health recommends that:

1.  City Council request the Minister of Health and Long-Term Care to ensure a continued strong role for public health in keeping people healthy by:

a.  Maintaining independent governance of the local public health sector by boards of health;

b.  Strengthening comprehensive provincial standards for public health through the current review of the Ontario Public Health Standards, especially for healthy public policy and other programs that keep people healthy;

c.  Ensuring that Public Health Units continue to be directly funded by the province. 

2.  City Council request the Minister of Health and Long-Term Care to mandate a formal relationship between Local Health Integration Networks (LHINs) and senior representatives of the healthcare, municipal, education, social service and voluntary sectors as well as the Medical Officer of Health to support population health planning and service coordination in order to improve health equity and address social determinants of health;

3.  City Council request the Minister of Health and Long Term Care to provide the necessary resources to Local Health Integration Networks (LHINs) and Boards of Health to support collaboration on population health planning of health services;

4.  City Council request the Minister of Health and Long Term Care to adjust Local Health Integration Network (LHIN) boundaries to create geographic alignment with the boundaries of municipalities, school boards, and public health units, including creating one LHIN for the City of Toronto; and

5.  City Council request the Minister of Health and Long Term Care to create transparent accountability indicators and targets for Local Health Integration Networks (LHINs) which include population health and health equity.

The Board of Health:

1.  Requested the Minister of Health and Long-Term Care to ensure a continued strong role for public health in keeping people healthy by:

a.  Maintaining independent governance of the local public health sector by boards of health;

b.  Strengthening comprehensive provincial standards for public health through the current review of the Ontario Public Health Standards, especially for healthy public policy and other programs that keep people healthy;

c.  Ensuring that Public Health Units continue to be directly funded by the province. 

2.  Requested the Minister of Health and Long-Term Care to mandate a formal relationship between Local Health Integration Networks (LHINs) and senior representatives of the healthcare, municipal, education, social service and voluntary sectors as well as the Medical Officer of Health to support population health planning and service coordination in order to improve health equity and address social determinants of health;

3.  Requested the Minister of Health and Long Term Care to provide the necessary resources to Local Health Integration Networks (LHINs) and Boards of Health to support collaboration on population health planning of health services;

4.  Requested the Minister of Health and Long Term Care to adjust Local Health Integration Network (LHIN) boundaries to create geographic alignment with the boundaries of municipalities, school boards, and public health units, including creating one LHIN for the City of Toronto;

5.  Requested the Minister of Health and Long Term Care to create transparent accountability indicators and targets for Local Health Integration Networks (LHINs) which include population health and health equity;

6.  Forwarded Recommendations 1 to 5 of the Report (January 11, 2016) from the Medical Officer of Health, to City Council for adoption; and

7.  Forwarded the report (January 11, 2016) from the Medical Officer of Health to the Association of Local Public Health Agencies, the Council of Ontario Medical Officers of Health, the Ontario Public Health Association, the Association of Municipalities of Ontario, the Toronto City Manager, all 14 Local Health Integration Networks (LHINs), the 36 Ontario boards of health, the Toronto School Boards, and Dalla Lana Faculty of Public Health, University of Toronto.

This report seeks City Council approval to open an 80 bed men's emergency shelter operated by the Salvation Army at 29 Leslie Street in Ward 32. The shelter will replace capacity in the shelter system lost when the Salvation Army closed the HOPE shelter in April 2015.

The property meets the requirements of the Municipal Shelter By-law 138-2003. It is more than 250 metres from another shelter, it is located on a major arterial road and a community information sharing process is currently underway.

The Community Development and Recreation Committee recommends that:

1.  City Council grant authority to increase the value of Blanket Contract 47019332 issued to Intergraph Canada Ltd. by $800,000 net of HST ($814,080 net of HST recoveries) revising the current approved value from $508,800 net of HST ($517,755 net of HST recoveries) to a grand total of $1,308,800 net of HST ($1,331,835 net of HST recoveries).

The purpose of this report is to request the authority to increase the value of the existing blanket contract 47019332 issued to Intergraph Canada Ltd, the vendor which provides Toronto Fire Services (TFS) with the Computer Aided Dispatch (CAD) System and Business Intelligence (BI) software. The requested amendment will increase the blanket contract by an additional $800,000 net of HST ($814,080 net of HST recoveries). This amount will increase the contract value to $1,308,800 net of HST ($1,331,835 net of HST recoveries).

TFS has used Intergraph Computer Aided Dispatch (CAD) systems since 2000. The CAD system is critical to TFS emergency response and is used to recommend the appropriate response to an emergency based on specific criteria. System adjustments and upgrades are an essential part of operating a mission critical system and ultimately have an impact service delivery. However, the TFS CAD is currently two releases behind the current Intergraph release.

Implementation of the Intergraph CAD release update maintains supportability and allows for continued vendor support. The upgrade is essential for TFS to move forward with numerous technological initiatives as outlined in the TFS Master Fire Plan 2015-2019 such as Fire Station Alerting, Dynamic staging, Mobile Responder and Traffic Signal Pre-emption with Live Interactive GPS.

City Council approval is required in accordance with Municipal Code By-Law Chapter 195-Purchasing, where the current request has exceeded the Chief Purchasing Official's authority of the cumulative five year commitment limit under Section 1 of the Purchasing By-Law and also exceeds the threshold of $500,000, net of HST, allowed under staff authority as per the Toronto Municipal Code By-Law, Chapter 71 - Financial Control.

1. City Council receive the report (December 24, 2015) from the General Manager, Economic Development and Culture for information.

This report updates the Toronto Economic Dashboard. It provides a summary of the most recent data available at the time this report was prepared for key economic indicators benchmarking the city's economic performance.

The Economic Development Committee recommends that: 

1.   City Council adopt and certify the 2016 recommended expenditures and levy requirements of the following Business Improvement Areas:

This report brings forward Business Improvement Area (BIA) annual operating budgets for approval by City Council as required by the City of Toronto Act, 2006.  City Council approval is required to permit the City to collect funds through the tax levy on behalf of the BIAs.

Complete budgets and supporting documentation received by December 2, 2015 have been reviewed and are reported here. BIA Operating Budgets received after this date will be brought forward in later reports. Of the 81 established BIAs, 10 BIA budgets were approved by City Council on December 9, 2015 (ED8.6), 44 BIA budgets are submitted for approval in this report, and one BIA is inactive.

The recommendations in this report reflect 2016 Operating Budgets approved by the respective BIAs’ Boards of Management and have been reviewed by City staff to ensure BIA budgets reflect Council’s approved policies and practices.

The Government Management Committee recommends that:

1.  City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

a.  Enter into a municipal capital facility agreement with KS Eglinton Square Inc, the current owner of Eglinton Square Shopping Centre at 1 Eglinton Square, in respect of approximately 4,716 square feet of the current leased space and 5,284 additional square feet of additional rentable area leased by the Toronto Public Library;

b.  Continue the exemption for the leased space currently occupied by the library of approximately 4,716 square feet; and

c.  Exempt the additional leased space of approximately 5,284 square feet from taxation for municipal and education purposes, for which the tax exemption is to be effective from the latest of the following dates: the commencement date of the lease; the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

2.  City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

This report seeks Council’s authority for the adoption of necessary by-laws to designate as a municipal capital facility the premises occupied by the Eglinton Square Branch Library located at 1 Eglinton Square within the Eglinton Square Shopping Centre, and to provide a property tax exemption for municipal and education purposes.  The municipal capital facility agreement will provide for a continued exemption for the space currently occupied by the library of approximately 4,716 square feet, and a new exemption for an additional 5,284 square feet of new space that is being leased by the library for twenty years with an estimated effective date of October 1, 2015.

The Government Management Committee recommends that:

1.  City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

a.  Enter into a municipal capital facility agreement with 994480 Ontario Limited, the current owner of the strip mall at 123 Rexdale Boulevard, in respect of approximately 3,078 square feet of the current leased space and 858 additional square feet of additional rentable area leased by the Toronto Public Library;

b.  Continue the exemption for the leased space currently occupied by the library of approximately 3,078 square feet; and

c.  Exempt the additional leased space of approximately 858 square feet from taxation for municipal and education purposes, for which the tax exemption is to be effective from the latest of the following dates: the commencement date of the lease; the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

2.  City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

This report seeks Council’s authority for the adoption of necessary by-laws to designate as a municipal capital facility the premises occupied by the Northern Elms Branch Library located in a strip mall at 123 Rexdale Boulevard, and to provide a property tax exemption for municipal and education purposes.  The municipal capital facility agreement will provide for a continued exemption for the space currently occupied by the library of approximately 3,078 square feet and a new exemption for an additional 858 square feet of new space that is being leased by the library.

The Government Management Committee recommends that:

1.  City Council authorize the City to enter into an Option agreement with Build Toronto, for nominal consideration, pursuant to which Build Toronto will have the right to acquire additional airspace located above that portion of the Property municipally known as 497 Richmond Street West, between the elevations of 47.5 and 55.5 metres above grade, shown as Part 7 on Sketch No. 2012-0307-4 in Appendix 3 and as more particularly described in Appendix 2 to the report (December 14, 2015) from the Chief Corporate Officer, for the purpose of fire exits and a mechanical penthouse, substantially on the terms and conditions set out in Appendices 1 and 2 to the report (December 14, 2015) from the Chief Corporate Officer, and on such other and amended 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 enter into an agreement with Build Toronto, for nominal consideration, permitting Build Toronto to retain ownership of that portion of the Property known municipally as 60 Brant Street, shown as Part 2 on Sketch No. 2012-0307-4 in Appendix 3 to the report (December 14, 2015) from the Chief Corporate Officer, as well as that portion of 60 Brant Street located to the west of the existing building structure, for the purpose of the future redevelopment of the adjoining lands, such agreement to otherwise be on terms and conditions as may be approved by the Chief Corporate Office, and in a form satisfactory to the City Solicitor.

3.  City Council authorize the City to enter into a Limiting Distance Agreement with Build Toronto, for nominal consideration, which will prevent any structure from being constructed above an elevation of 16.7 metres above grade on that portion of the Property known municipally as 60 Brant Street, shown as Part 5 on Sketch No. 2012-0307-4 in Appendix 3 to the report (December 14, 2015) from the Chief Corporate Officer, and on such other terms and conditions as may be approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

4.  City Council authorize the City to enter into amending agreements in relation to the existing Reconveyance Agreement, Parking Space Conveyance Agreement and Reciprocal Agreement, or such other agreements respecting 60 Brant Street, substantially on the terms and conditions outlined in Appendix 4 to the report (December 14, 2015) from the Chief Corporate Officer, and on such other and amended terms as may be approved by the Chief Corporate Officer, and in a form satisfactory to the City Solicitor.

5.  City Council grant authority to fund the City’s outstanding expenses related to the property in this report from the Approved Operating Budget for Facilities, 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), with appropriate adjustments to Facilities and Real Estate’s Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports.

6.  City Council grant authority severally to each of the Chief Corporate Officer and the Director of Real Estate Services to execute the transaction documents and agreements required to implement the Recommendations in this report on behalf of the City, including the extension of any required consents, approvals or permissions.

7.  City Council authorize the City Solicitor to complete the transactions referenced in the above Recommendations 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 she may from time to time consider reasonable.

This report recommends terms of transfer to Build Toronto for an additional stratified portion of the property municipally known as 497 Richmond Street West and other property interests in relation to 497 Richmond Street West, including the buildings located around its perimeter having the following convenience addresses:  505 and 511 Richmond Street West, 60 Brant Street and 17 Maud Street (collectively the "Property").

The Government Management Committee recommends that:

1.  City Council authorize the Chief Corporate Officer to proceed with Phase 2, Demolition of the Existing North Market Building at 92 Front Street, of the Redevelopment of St. Lawrence Market North project, including demolition of the existing building and archaeological assessment of the site in advance of new construction.

The purpose of this report is to inform Council of the impact of archaeological assessment on the Redevelopment of St. Lawrence Market North project timelines and to obtain approval to demolish the existing North Market Building at 92 Front Street. subject to confirmation by the Architect that the construction cost estimate for the new building is within budget.

Cost confirmation for the new building, by way of a bid price following the tender process, prior to demolition requires confirmation of a construction start date. This cannot be done at this time due to the uncertainty associated with the delay to complete the archaeological assessment in advance of new construction.  The archaeological assessment requires the demolition of the existing building to allow full site access before Stage 4 archaeological fieldwork can safely occur.

The Government Management Committee recommends that:

1.  City Council authorize an amendment to the 2009 Head Lease Agreement between the City of Toronto and Osmington (Union Station) Inc. ("Osmington"), and authorize any other necessary agreements, to implement the building enhancements for Union Station, any necessary upgrades required to allow for retail on the GO West Concourse, and the heritage interpretation plan, substantially on the terms set out in the Term Sheet - Attachment 1 to the report (December 24, 2015) from the Chief Corporate Officer and such other or amended terms as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.  City Council authorize an amendment to the retainer agreement with Davies Ward Phillips and Vineberg LLP (Purchase Order No. 6025203), in the additional amount of up to $350,000.00 (net of all applicable taxes), to provide continuing real estate legal advice and expertise for the on-going agreement updates associated with the revitalization project.

3.  City Council authorize an amendment to the retainer agreement with PwC (Purchase Order No. 6037971), in the additional amount of up to $150,000.00 (net of all applicable taxes), to provide continuing real estate advice and expertise for the on-going lease related matters associated with the revitalization project.

In 2013, City staff reported to Council that the City's Head Lessee at Union Station, Osmington (Union Station) Inc., was interested in developing a renewed vision for the commercial retail and event elements at the Station.  As the revitalization of Union Station has progressed, Osmington has further developed the design for the commercial retail and event spaces to create a 2015 vision for a dynamic, customer-focussed experience that includes engaging the top restauranteurs, retailers and cultural institutions of the City. The City shares this vision with Osmington to create a destination for commuters, local residents and visitors alike. In order to create a world class destination, base building and leasehold enhancements to the building are needed, including lighting, audio-visual equipment, furniture, amenities and other improvements to the retail and event offerings for Station users.

The enhancements are estimated to cost $32 million plus HST and contingency, and will be shared between Osmington (60%) and the City (40 percent). The City's 40 percent portion of the enhancement costs will be funded by Osmington and recovered with revenue that is generated from sponsorship and retail tenant percentage rent (as defined in the attached Term Sheet). The proposed enhancements do not require the City to use its own capital funding and presents no risk to the revenues that the City would receive in the absence of these enhancements.

This report recommends that City Council authorize an amendment to the 2009 Head Lease Agreement between the City and Osmington and authorize any necessary related agreements to allow Osmington to fund, design and construct enhancements to Union Station that will make it a City-wide destination for dining, retail, events and culture.

The Government Management Committee recommends that:

1.  City Council authorize the Extension Agreement of the Below Market Rent lease agreement with Regent Park Focus Youth Media Arts Centre for a five (5) year term, substantially based on the terms and conditions set out in Appendix A to the report (December 14, 2015) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration, and on such other terms and conditions acceptable to the Chief Corporate Officer, or her designate, and in a form acceptable to the City Solicitor.

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

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

4.  City Council grant an exemption from the Return on Investment (ROI) requirement as the tool is under development with Social Development, Finance and Administration Division.

The purpose of this report is to obtain City Council authority to enter into a Below Market Rent (BMR) lease extension agreement with Regent Park Focus Youth Media Arts Centre for approximately 3,729 square feet of space within the basement of the property municipally known as 38-40 Regent Street in Ward 28 Toronto Centre Rosedale for a further (5) year period. Regent Park Focus Youth Media Arts Centre will extend its lease to January 6, 2021 commencing upon the expiry of the existing Below Market Rent lease.

The Government Management Committee recommends that:

1.  City Council authorize the renewal of the Below Market Rent lease agreement with Flemo City Media for a five (5) year term, substantially based on the terms and conditions set out in Appendix A to the report (December 14, 2015) from the Chief Corporate Officer and the Executive Director, Social Development, Finance and Administration, and on such other terms and conditions acceptable to the Chief Corporate Officer, or her successor or designate, and in a form acceptable to the City Solicitor.

2.  City Council authorize the Chief Corporate Officer to administer and manage the sub lease agreement including the provision of any consents, approvals, notices, and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matters to City Council for its determination and direction.

3.  City Council grant an exemption from the Return on Investment (ROI) requirement as the tool is under development with Social Development, Finance and Administration Division.

The purpose of this report is to obtain City Council authority to renew the Below-Market Rent (BMR) lease agreement with Flemo City Media (FCM) for five (5) years starting March 1, 2016 for approximately 361 square feet of space located at 29 St. Dennis Drive in the Flemingdon Park priority neighbourhood in Ward 26 Don Valley West.

The Government Management Committee recommends that:

1. City Council request that the Government of Ontario recognize the impact Social Assistance Management System has had on municipalities and provide necessary funding to offset the incremental costs of Social Assistance Management System for 2015 and 2016 (currently estimated at $7.25 million annually).

2.  City Council transmit this report to the Minister of Community and Social Services (MCSS).

3.  City Council direct the General Manager, Toronto Employment and Social Services to report back in the fall of 2016 on the status of the Social Assistance Management System implementation in Toronto.

As part of the provincial government’s initiative to modernize and improve social assistance, the Ministry of Community and Social Services implemented a new social assistance delivery technology in November 2014. This new technology – Social Assistance Management System (SAMS) – is a mandatory province-wide system used to deliver the Ontario Works (OW) and Ontario Disability Support Program (ODSP) across Ontario.

As the organization primarily responsible for the successful delivery of social assistance in Toronto, TESS, on behalf of the City, made extensive preparations and major investments to ensure that the implementation of SAMS would cause minimal service disruptions to clients and that staff would be as prepared as possible to use the new system. This involved providing extensive feedback to the province through all stages of SAMS design and implementation, communicating the business needs of our operations and detailing business risks prior to implementation.

This report discusses the proactive steps TESS took to prepare for the implementation of SAMS. It specifically describes how TESS has worked to minimize service impacts through the initial implementation period and on an ongoing basis. Finally, the report addresses the major issues with SAMS at this point, the implications for TESS in terms of serving OW clients in Toronto, notably the requirement to refocus on service planning and the delivery of employment services, both of which were negatively affected by SAMS implementation, plus the steps TESS is taking with the province to improve system performance.

The Government Management Committee recommends that:

1.  City Council authorize the acquisition of the property known municipally as 592 and 598 Gerrard Street East (the "Property") from Sonnam Investments Inc. (the "Vendor") based on the terms and conditions contained in Schedule A to the report (December 15, 2015) from the President, Toronto Parking Authority, plus the additional expenditure of approximately $140,000 for any associated costs such as land transfer tax, title insurance, appraisal fees, survey, environmental studies, and legal fees for a total acquisition cost estimate of $2,458,000.

2.  City Council amend the 2016 Capital Budget and 2017-2025 Capital Plan for the Toronto Parking Authority by adding the capital project "592 and 598 Gerrard Street East Carpark Development" to be funded by reallocation of capital funds from the "Carpark Provisions 2016" project included in the 2016 Approved Capital Budget and 2017-2025 Capital Plan in the amount of $2,458,000 in order to facilitate the purchase of the Property.

3.  City Council direct that subsequent to acquisition, the Property be designated for municipal parking purposes, to be managed by the Toronto Parking Authority.

4.  City Council authorize the City Solicitor to complete the purchase transaction, deliver any notices, pay any expenses and amend the closing and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

5.  City Council request the Toronto Parking Authority, in consultation with the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning, to undertake an economic development and planning analysis for East Chinatown for the Toronto Parking Authority lots and surrounding properties which addresses future mixed commercial residential development including affordable housing.

The purpose of this report is to obtain Council's authorization to purchase the property municipally known as 592 and 598 Gerrard Street East from Sonnam Investments Inc. to provide future municipal parking within the East Chinatown neighbourhood.  The intention is to maintain the commercial building on a fully leased basis which includes an ancillary parking area until such time as it is determined that the site is ready to be redeveloped into a new surface carpark.

The Licensing and Standards Committee recommends that:

1.  City Council approve amendments to Toronto Municipal Code, Chapter 466, Fireworks, to authorize holders of Temporary Fireworks Vendor Permits to sell fireworks on Labour Day and the 7-day period leading up to Labour Day, such amendments to come into force on May 1, 2016.

2.  City Council authorize the City Solicitor to prepare the necessary Bills for introduction in City Council to give effect to Recommendation 1 above, subject to such technical and stylistic amendments as may be required.

This report responds to Licensing and Standards Committee's request at its meeting of October 22, 2015, for staff to determine how best to allow fireworks on Labour Day.

This report proposes amendments to Toronto Municipal Code, Chapter 466, Fireworks, to allow temporary fireworks vendors holding a valid temporary fireworks vendor's permit to sell fireworks on Labour Day and the 7-day period leading up to Labour Day. The discharge of fireworks for Labour Day would require a Special Occasions Discharge Permit.

The amendments address Licensing and Standards Committee's specific request to expand the sale of fireworks to include Labour Day.

Legal Services was consulted in the preparation of this report.

The Licensing and Standards Committee recommends that:

1. City Council direct that the City of Toronto require wildlife control operators to be licensed by September 1, 2016.

2. City Council direct that the City of Toronto define a wildlife control operator as any individual or business that charges a fee to discourage, evict or remove wildlife that is causing damage, is a public nuisance or is posing a health risk.

3. City Council direct that the purpose of the licensing requirement is to ensure the City of Toronto creates qualifications and conditions covering the licensing of individuals performing wildlife control activities in order to:

a.  ensure public safety, public health and environmental protection;

b.  protect consumers from fraudulent and/or untrained operators; and

c.  set humane standards regarding removal methods, capture, handling, transport and euthanasia of wildlife.

4. City Council direct that the licensing requirement will support the provincial Fish and Wildlife Conservation Act, by ensuring, at a minimum, that:

a.  all persons engaged in the business of providing wildlife control services must possess a wildlife control operator’s license by September 1, 2016;

b.  all wildlife removal operators and field staff must successfully complete the training course mandated by the City of Toronto, and the training course will include, at a minimum, the training course outline below;

c.  wildlife control training to consist of a one-day course hosted by the City of Toronto MLS;

d.  wildlife control training to include Health and Safety, Professional and Humane Standards and Legal Requirements;

e.  each applicant must produce a valid fall arrest/fall protection certificate as proof of fall protection training that is compliant with the Ministry of Labour’s Occupational Health and Safety Act and Regulations;

f.  each applicant must produce a commercial insurance certificate indicating that the wildlife control company, he or she owns or is gainfully employed by, possesses a minimum of $3,000,000 liability coverage; and

g.  each applicant must produce a certified criminal record check;

h.  each applicant must agree to not use leg-hold or body-gripping traps or devices.

5. In order to minimize costs:

a.  City Council direct that City of Toronto staff request that Structural Pest Management Association of Ontario (SPMAO) and AAA Gates Wildlife Control design a one-day course for their industry members at no charge to the City;

b.  the one day workshop will be held at a City of Toronto property; and

c.  City Council request the Toronto Wildlife Centre to continue to care for sick and injured animals as they currently do.

6.  City Council direct the annual license fee for a wildlife control operator be $400.

7. City Council direct that Confidential Attachment 4 to the report (November 10, 2015) from the Executive Director, Municipal Licensing and Standards, remain confidential as it contains advice that is subject to solicitor-client privilege.

Course Outline for Wildlife Operators referenced in Recommendation 4.b. above

1.  Public / Personal Health & Safety

a.  understanding zoonotic diseases to ensure that the wildlife control technician can identify and remove diseased / sick wildlife thus preventing further outbreaks and the spiraling costs of disease control (i.e. raccoon feline distemper)

b.  utilizing protective measures aimed at avoiding disease transfer from animal to people

c.  protecting public health through standardized education and information

d.  understanding the role of The Canadian Cooperative Wildlife Health Centre (CCWHC), The Canadian Food Inspection Agency (CFIA) and Toronto Animal Services

e.  instruction provided on the importance of personal protective equipment (PPE), personal hygiene and the safe use of ladders, working at heights, equipment, tools etc.

f. steps for the proper handling and disposal of contaminated materials and dead animals

g.  highlighting the advantages of Tetanus and Rabies vaccinations

h.  familiar with the Ministry of Labour’s Occupational Health & Safety Act

2.  Professional and Humane Conduct

a.  understand basic behaviour and biology of common wildlife species

b.  work for the protection of wildlife and promote harmony between wildlife and the public

c.  offer reasonable pricing for the work performed and delivery of service that guarantees customer satisfaction

d.  use devices that do not cause suffering or unnecessary death

e.  apply methods that only involve humane deterring, repelling, evicting or excluding and in a manner that keeps animal families together

f.  utilize acceptable heated baby reunion boxes when reuniting offspring with their mother

g.  do not use cage or box traps on the outside of a building structure (i.e. only to be used on the inside of a working / living space) to avoid exposing the animal to inclement weather

h.  implement control measures that address the root cause of the wildlife problem and prevents reoccurrences

i.  monitor all work in progress in a timely fashion (i.e. traps, one-way doors, baby reunion boxes, etc.)

j.  keep detailed records of all work performed including date and time of job activities

k.  deliver sick, injured or orphaned wildlife to a licensed rehabilitator, animal services or veterinarian for care or euthanasia, if necessary.

l.  provide the client with a detailed written description and cost of the work to be performed, together with the applicable warranty, company name, address, phone number and the wildlife operators license number

3.  Legal Requirements

a.  be compliant with all federal, provincial and municipal laws governing wildlife (i.e. OMNR’s Fish & Wildlife Conservation Act; Endangered Species Act; Migratory Bird Act; MOE’s Pesticides Act; OSPCA Act etc.)

b.  obtaining necessary permits to deal with protected wildlife

c.  correctly identifying endangered and threatened species

d.  adhering to building codes (i.e. screening of chimneys)

e.  what is the public legally permitted to do for the control wildlife on their property

f.  euthanasia and who is authorized to perform the task

g.  following environmentally regulations regarding proper carcass disposal

h.  rabies vector species and the role of the OMNR’s Rabies Unit

This report responds to Licensing and Standards Committee's request to provide the Province of Ontario's reply to consider expanding its licensing requirements to include wildlife control operators and for the Executive Director, Municipal Licensing and Standards to give consideration to licensing wildlife control operators.

At its meeting of August 25, 26, 27 and 28, 2014, City Council adopted the staff recommendation to request the Province of Ontario to consider expanding its licensing requirements to include wildlife control operators. City Clerks sent a request to the Province on September 12, 2014. To date, the City has not received a response.

Municipal Licensing and Standards division conducted a thorough review of this issue and reported to the March 18, 2014 meeting of Licensing and Standards Committee.

A review of relevant legislation indicates that there are provincial laws in place to protect wild animals and residents of Toronto from unqualified wildlife removal companies. These laws are enforced by the Ministry of Natural Resources, Ontario Society for the Prevention of Cruelty to Animals (OSPCA) and Ministry of Government and Consumer Services.

Stakeholder consultations and research revealed some concerns with the activities of wildlife control operators, although the issues cannot be generalized to the entire industry.

Accordingly, the report recommended referring the matter to the Province of Ontario for consideration because it is the level of government with direct responsibility for wildlife management and the regulation of wildlife control activities such as hunting and trapping.

The Licensing and Standards Committee recommends that:

1.  City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to return to the Ontario Superior Court of Justice to seek an injunction against Uber and individual UberX drivers, based on the updated regulations to Toronto Municipal Code Chapter 545 approved by City Council at its meeting on September 30, October 1 and 2, 2015.

2. City Council direct that the confidential attachment to the report (January 8, 2016) from the City Solicitor remain confidential indefinitely as it contains advice that is subject to solicitor-client privilege.

This report summarizes information regarding the decision of the Court of Queen's Bench of Alberta which granted an interim injunction to the City of Calgary prohibiting individuals from offering services through the UberX platform without a municipal taxicab or limousine licence.  The confidential portion of this report (Attachment 1) provides information and legal advice regarding this decision.

The Licensing and Standards Committee recommends that:

1. City Council request the City Manager to write to the Minister of Justice and Attorney General of Canada requesting that the City of Toronto be included as a participant in the proposed federal-provincial-territorial task force on the legalization and regulation of marijuana to ensure that the City's interests are addressed, including ensuring that the permitted locations for the selling of marijuana is appropriate and recognizes the need for appropriate distance requirements to other uses such as schools, daycares, residences, etc.

Letter from Councillor Jim Karygiannis on participation of the City of Toronto in the proposed federal-provincial-territorial task force on the legalization and regulation of marijuana.

The Executive Director of Licensing and Standards is currently drafting new rules to regulate the Taxi Cab and ground Transportation Industry.

This review is expected to be completed within the next couple of months and I feel that it is important that this Committee and Council reaffirm the direction it gave to the Executive Director of Licensing and Standards in anticipation of this report.

The Parks and Environment Committee recommends that:

1.  City Council approve the temporary sign related amendment to Municipal Code Chapter 608, Parks contained in Attachment A to the report (December 31, 2015) from the General Manager, Parks, Forestry and Recreation, subject to any necessary minor substantive or stylistic refinements as may be identified by the General Manager, Parks, Forestry and Recreation and the City Solicitor.

2.  City Council approve the guidelines for temporary signage in parks as outlined in Attachment B to the report (December 31, 2015) from the General Manager, Parks, Forestry and Recreation.

3.  City Council direct the General Manager, Parks, Forestry and Recreation to incorporate public consultation on signage in parks into the ongoing consultation on commercial special events and report back to the Parks and Environment Committee by the end of 2016.

In implementing the "Arts in the Parks" and "Music in the Parks" initiatives, it has been identified that the Municipal Code does not provide Parks, Forestry and Recreation (PF&R) explicit authority to allow any temporary signage in any park. This limits the potential of success for "Arts in the Park" and "Music in the Parks" initiatives, but also restricts the current/historic practice of allowing signage for certain events under the conditions of a permit.

This report recommends an amendment to the Municipal Code, Chapter 608, Parks, to provide explicit authority to the General Manager, Parks, Forestry and Recreation to allow temporary signage in accordance with a set of guidelines. These guidelines detail the current and historic practice, while creating a new specific approach for the "Arts in the Parks" and "Music in the Parks" category. The current practice aligns with the authorities provided for special events within the Transportation and Economic Development Divisions while the proposed guidelines for "Arts in the Parks" and "Music in the Parks" align with the Open Space signage regulations in the Municipal Code.

Parks, Forestry and Recreation is in the process of developing a public consultation strategy to inform the division and Council with respect to Commercial Special Events and will incorporate further consultation on temporary signage in the City's parks, as requested by Council and the Parks and Environment Committee. Parks, Forestry and Recreation will report back by the end of 2016 with the results of the consultation and any recommended changes to these programs and guidelines, as appropriate.

The Parks and Environment Committee recommends that:

1.  City Council approve the following amendments to the City of Toronto/Toronto Hydro solar photovoltaic (PV) program on terms and conditions satisfactory to the Chief Corporate Officer, and in a form satisfactory to the City Solicitor:

a.  Toronto Hydro will no longer co-invest in solar PV projects on City-owned facilities;

b.  Toronto Hydro act as the construction manager, which will include procurement responsibilities, for the City's solar PV installations, including small systems to be installed under the Provincial microFIT program.

2.  City Council authorize City investments in solar PV installations on facilities owned by City agencies and corporations.

This report recommends changes to the existing Council-approved City of Toronto/ Toronto Hydro solar photovoltaic (PV) program.  As a result of changes to the Province's Feed-in Tariff (FIT) program, Toronto Hydro is no longer able to co-invest in PV installations on City-owned facilities.  The City's investment share in projects on City sites will increase from 51 percent to 100 percent.  The report also recommends that the City be allowed to invest in installations on sites owned by Toronto Hydro and other City agencies and corporations.

Under the proposed changes, Toronto Hydro will continue in its role as construction manager for PV installations, as well as procuring the necessary equipment for these installations.  Toronto Hydro may also undertake these roles for installations on small City facilities under the microFIT program.

The report also identifies future opportunities for solar installations, such as solar carports on City-owned parking lots, and on "net-zero" buildings, which generate more energy than they consume.

The Planning and Growth Management Committee recommends that:

1.  City Council authorize the City Solicitor to continue the City's appeal of the Etobicoke York Committee of Adjustment panel's approval of the Minor Variance application (A228/15EYK) for the lands municipally known as 170 and 194 Evans Avenue.

2.  City Council authorize the City Solicitor and necessary City staff to attend the Ontario Municipal Board hearing to oppose the Minor Variance decision as approved by the Committee of Adjustment.

At its meeting on September 30, October 1 and 2, 2015, City Council referred Item EY8.76 (Ontario Municipal Board – 170 and 194 Evans Avenue Minor Variance Approval) to the Chief Planner and Executive Director, City Planning and directed the Chief Planner to report to the January 20, 2016 meeting of Planning and Growth Management Committee.

170 and 194 Evans Avenue is designated Employment Areas and zoned for employment uses.  In June 2015, the Committee of Adjustment approved an application to permit private school, day nursery and outdoor play area uses within the existing building on the site, as well as a reduced setback for parking for a period of twenty years, to June 2035. 

Both City Planning and Economic Development and Culture submitted reports to the Committee of Adjustment recommending that the application be refused.  Subsequent to the Committee's decision and in accordance with the standing direction (ED33.9, Recommendation No. 2) to appeal any Committee of Adjustment decision that does not conform with the Official Plan Employment Areas policies, the City Solicitor filed an appeal of the decision to the OMB.

A hearing date has not yet been scheduled.  On September 8, 2015, the school started its operations at the subject site.  It is staff's understanding that the day nursery is not yet in operation.

The Planning and Growth Management Committee recommends that:

1.  City Council amend Zoning By-law No. 1031-2014 substantially in accordance with the draft Zoning By-law Amendments attached as Attachment 2 to the report from the Chief Planner and Executive Director, City Planning dated January 4, 2016; and

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

This application proposes to amend the current City of Toronto Zoning By-law No. 569-2013, the former City of Toronto Zoning By-law No. 438-86, the former City of North York Zoning By-law No. 7625, the former City of Scarborough Zoning By-law No’s. 9276, 9089 and 24982, the former Borough of East York (former Town of Leaside) Zoning By-law No. 1916 and the former City of York Zoning By-Law No. 1-83, respecting regulations applicable to buildings that are used for the operation of a transit system along Eglinton Avenue West and East between Jane Street and Midland Avenue.

The purpose of this proposed amendment is to provide relief from the various Zoning By-laws for minor exceedances of applicable development standards for the Eglinton Crosstown LRT station buildings, the Eglinton Maintenance Storage Facility (MSF) and Traction Power Sub-stations (TPSS).  These lands are also subject to development applications for Site Plan Control Approval. 

A previous Zoning By-law Amendment was approved by City Council in 2014 (By-law No. 1031-2014) which provided relief to the Zoning By-laws for minor variances to existing performance standards.  It is currently under appeal at the OMB.  The current amendment is required because this by-law and some development standards were not addressed in By-law No. 1031-2014.

This amendment would apply to buildings used for transit purposes only, such as the stations, MSF and TPSS.  It will not apply to future non-transit development at these sites.  Any such non-transit development would be subject to the normal development review process and all applicable zoning by-laws.

Requirements for all of the development standards which would be controlled by the Zoning By-law (setbacks, heights, parking, etc.) have been included in Metrolinx’s Project Specific Output Specification (PSOS).  This document forms the basis of the contract between Metrolinx and the consortium chosen to build the LRT (Crosslinx Transit Solutions) and is binding on the constructor. The provisions in the PSOS are consistent with the vision established for the Eglinton Crosstown LRT corridor by the Eglinton Connects Planning Study and generally with the zoning requirements in the existing by-laws. 

Planning staff are of the opinion the proposed Zoning By-law Amendment is appropriate, poses no risk of permitting inappropriate development and will facilitate the implementation of the Eglinton Crosstown LRT transit station buildings and facilities.  Additionally, the PSOS provides for the protection of the City's standards. 

The Planning and Growth Management Committee recommends that:

1.  City Council adopt the proposed modification to Policy 1(b) of Section 3.5.1 of OPA 231 as shown in Attachment 1 to the report (December 29, 2015) from the Chief Planner and Executive Director, City Planning.

2.  City Council direct City Planning and Legal staff to bring the adopted modification as the basis of a partial settlement to the OMB for approval.

This report outlines a recommended policy modification to Official Plan Amendment No. 231, specifically Policy 1 (b) of Section 3.5.1, which if adopted by Council will resolve the appeal by Morguard Investment Limited/Revenue Properties Company Limited.  The representative for the appellant has confirmed that upon adoption of the policy modification by Council shown in Attachment 1 to this report the appeal will be resolved as it pertains to this policy.

The Public Works and Infrastructure Committee recommends that:

1.  City Council permit the installation of up to four mid-block pilot street murals on low volume, local streets during existing street events which include permitted road closures in summer 2016 on condition that the pilot projects meet the following requirements:

a.  Each street mural is to be developed by and be the responsibility of local community groups;

b.  Community consultation on design is undertaken and support from local residents on the murals is demonstrated to the General Manager, Transportation Services;

c.  The full cost of design, community consultation, installation, and ongoing maintenance is incurred entirely by the community group, with no cost to the City of Toronto;

d.  Designs, project materials and location suitability is reviewed and approved by the General Manager, Transportation Services during the design process and in advance of installation;

e.  Transportation Services is to conduct traffic safety reviews before and after installation and has the authority to remove any installations found to diminish road safety; and

f.  The General Manager, Transportation Services consider establishing a practical life span for street murals, at the end of which the mural will be evaluated, and considered for removal or replacement through a new project.

In July 2015, City staff were directed to examine the implications of a potential new Street Mural program, whereby local residents are granted permission to paint murals on the asphalt road surface of city streets. City Staff have investigated these projects in other cities, reviewed potential requirements in the City of Toronto, and do not recommend pursuing a new Street Mural program at this time.

While street murals do offer a community-building impact, they place considerable administrative, regulatory, and maintenance burdens on the City. Based on case study research, street murals provide no tangible traffic safety benefits. 

City staff instead propose that during community road closures with appropriate approvals, communities are free to create temporary street murals with chalk or other materials that are naturally removed by the elements. This approach would provide community building impacts at no cost to the City and essentially no added risk to motorists or the artists.

The Public Works and Infrastructure Committee recommends that:

1.  City Council authorize the Executive Director, Engineering and Construction Services to negotiate and enter into any required agreements with affected utility companies, to undertake the expansion and relocation of utilities required for the Six Points Interchange Reconfiguration Project on terms acceptable to the Executive Director, Engineering and Construction Services, and in a form acceptable to the City Solicitor.

2.  City Council authorize the Executive Director, Engineering and Construction Services to execute any agreements negotiated on behalf of the City.

This report seeks authority for the Executive Director, Engineering and Construction Services, to negotiate and enter into any required agreements with utility companies on behalf of the City of Toronto for the relocation and the expansion of utility's infrastructure through construction contracts managed by the City in support of the Six Points Interchange Reconfiguration Project.

The Public Works and Infrastructure Committee recommends that:

1.  City Council amend Municipal Code Chapter 681-Sewers and Municipal Code Chapter 851–Water Supply substantially in accordance with the draft amending By-law attached as Appendix "A" to the report (January 5, 2016) from the General Manager, Toronto Water.

This report recommends the adoption of amendments to the City of Toronto's Municipal Code Chapter 681- Sewers ("Sewers By-law") and Municipal Code Chapter 851- Water Supply By-law ("Water Supply By-law"), which will introduce:

-  zero tolerance for pesticides discharges;

-  new reporting protocols for dental amalgam separators;

-  a new environmental code of practice for food service establishments;

-  a Best Management Practice (BMP) for automotive refinishing sector and combining it into one BMP for automotive servicing facilities; and

-  clarifications and enhancements to each By-law.

At its meeting of December 9 and 10, 2015, City Council referred Recommendation Number 1 of the staff report titled Sewers By-Law Pollution Prevention (P2) Program Stakeholder Update – 2015 and Sewers and Water Supply By-law Amendments to the General Manager, Toronto Water, to report back on a risk based approach to minimum reporting thresholds for subject pollutants, including evaluating the use of existing storm water limits.

However, Recommendation Number 1 inadvertently included other amendments (as listed above) to Chapters 681 and 851 (Sewers and Water Supply By-laws) unrelated to the issue of minimum reporting thresholds of subject pollutants. Staff recommend that these amendments be adopted prior to reporting back on a risk based approach to minimum reporting thresholds as it will result in reduced pollution to our wastewater treatment system, bring clarity to provisions in our by-laws and improve operational efficiency and customer service.

Appendix A contains these proposed By-law amendments for City Council approval. Toronto Water will report back, at a later date, on a risk based approach to minimum reporting thresholds and any proposed amendments related to the proposed creation of a subject pollutant threshold reporting list.

Etobicoke York Community Council recommends that:

1.  City Council approve the application for a Section 111 permit to demolish 6 residential rental dwelling units and 4 residential dwelling units pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of rental housing as outlined in the December 15, 2015 report from the Director of Community Planning, Etobicoke York District:

a.  The owner shall provide and maintain six (6) rental replacement units, consisting of: two (2) affordable three bedroom units and one (1) affordable one bedroom unit for a period of at least ten (10) years from the date of first occupancy of those units; and one (1) one bedroom and two (2) two bedroom units of unlimited rents. These units must be maintained as rental housing for a period of at least 20 years, and located on the subject site as shown on the plans submitted to the City Planning Division dated October 23, 2015, with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning.

b.  The owner shall provide tenant relocation assistance to all eligible tenants, including financial assistance beyond the minimums of the Residential Tenancies Act and the right of tenants of the affordable units to return to a replacement rental unit. These requirements will be outlined in a Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.

c.  The owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in (a) and (b) above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

d.  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 6 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning or her 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.

2.  City Council authorize the Chief Planner and Executive Director, City Planning to issue the Section 111 permit to the applications for demolition for the rental units in 2849, 2851, 2853, 2855 and 2857 Islington Avenue under Municipal Code Chapter 667 after the following has occurred:

a.  Satisfaction or securing of the conditions in Part 1 above.

 

b.  The Draft Zoning By-law Amendment that is before the Ontario Municipal Board is confirmed, to the satisfaction of the City Solicitor, to be in final form.

 

c.  After the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing the conditions in Part 1 (a-d) above.

 

d.  The issuance of the Notice of Approval Conditions for the site plan approval by the Chief Planner and Executive Director, City Planning or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

3.  City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement.

The Zoning By-law Amendment application proposes the replacement of five existing 3.5 storey rental apartment buildings located at 291 The Kingsway and 1, 3, 5 and 7 St. Stevens Court with six new residential apartment buildings ranging in height from 6 to 16 storeys. The 156 existing rental units at these addresses are proposed to be replaced.  A 17-storey 73 unit rental apartment building located at 289 The Kingsway would be retained. 

An associated Rental Housing Demolition and Conversion application (13 164266 WET 04 RH) was also submitted under Section 111 of the City of Toronto Act to demolish the existing five, 3.5-storey buildings pursuant to Chapter 667 of the Municipal Code. 

The owner has appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing City Council's failure to render a decision within the time frame prescribed by the Planning Act. 

The City's decision on Rental Housing Demolition and Conversion applications is not subject to appeal to the Ontario Municipal Board.

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board hearing to oppose the Zoning By-law Amendment application, as currently proposed by the applicant.

The proposal in its current form is inappropriate and represents over-development of the site.  The proposal does not comply with a number of development criteria in the Official Plan or the Etobicoke Zoning Code.  The proposed height, density and scale is not compatible with the existing context of the local apartment neighbourhood and would result in unacceptable impacts on abutting lands.

Etobicoke York Community Council recommends that:

1.  City Council deny the request for a permit to remove one (1) privately-owned tree located at 147 Duncanwoods Drive.

Etobicoke York Community Council recommends that:

1.  City Council grant the request for a permit to remove one (1) privately-owned tree at 19 Feltham Avenue, with a condition that the applicant provide three (3) replacement trees, as shown in the revised planting plan from Davey Tree Expert Co. of Canada Limited.

Etobicoke York Community Council recommends that:

1.  City Council authorize the permanent closure of the portion of Algoma Street extending easterly from Grand Avenue, being the whole of PIN 07622-0021 (LT), and shown as Part 1 on Sketch No. PS-2012-076 (the "Highway"), attached to the report dated December 9, 2015, from the Director, Transportation Services, Etobicoke 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 dated  December 9, 2015, from the Director, Transportation Services, Etobicoke York District.

Transportation Services recommends that the portion of Algoma Street, extending easterly from Grand Avenue be permanently closed for operational transfer to Parks, Forestry and Recreation in order to consolidate City-owned lands in the immediate area for the creation of a park.

Etobicoke York Community Council recommends that:

1.   City Council approve the addition of travel time information to the Message Sign on the Gardiner Expressway, west of Kipling Avenue, advising motorists of the travel time to downtown (Yonge Street) via Park Lawn Road and Lake Shore Boulevard West.

2.  City Council request Transportation Services staff to conduct studies at an appropriate time following the addition of the Travel Time Message signs to determine the traffic impact on the Park Lawn Road/Lake Shore Boulevard West route.

The purpose of this report is to comment on the request from Etobicoke York Community Council at the meeting on November 10, 2015, to investigate the feasibility of restricting southbound (right) turns onto Park Lawn Road from the eastbound exit of the Gardiner Expressway, between 7:00 a.m. to 9:00 a.m., Monday to Friday for the duration of the rehabilitation of the Gardiner Expressway. (Anticipated completion October 31, 2016)

As a result of our studies, considering the significant impact of prohibiting right turns from the Gardiner Expressway eastbound exit ramp onto Park Lawn Road, staff recommend as an alternate option the addition of travel information onto the existing message sign on the Gardiner Expressway, west of Kipling Avenue, to advise motorists of predicted travel time if they use Park Lawn Road to Lake Shore Boulevard West.

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 approve the installation of traffic control signals at Weston Road and Mainshep Road.

The purpose of this report is to obtain approval for the installation of traffic control signals on Weston Road and Mainshep Road.

The installation of traffic control signals is justified as Traffic Control Signal Warrant requirements are achieved. The installation of traffic control signals will provide a safe and convenient access for vehicles and pedestrians crossing Weston Road.

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

Etobicoke York Community Council recommends that:

1.  City Council approve the removal of the on-street accessible parking space at the location identified in Appendix A attached to the report dated December 16, 2015, from the Director, Transportation Services, Etobicoke York District.

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

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

Etobicoke Community Council recommends that:

1.  City Council advise the Alcohol and Gaming Commission of Ontario of its support of the application from Big Rock Brewery, 1589 The Queensway, for a Manufacturer's Limited Liquor Sales Licence for sales by the glass. 

I received a request from the Chief Financial Officer of Big Rock Brewery, located at 1589 The Queensway, advising that in order to obtain a Manufacturer's Limited Liquor Sales Licence, a resolution from the local Municipal Council is required. In addition, I was advised that the resolution be in support of the issuance of the licence. which allows for a "sales by the glass" permit during the hours of 11 am 9 pm.

Etobicoke York Community Council recommends that:

1.  City Council delete Section 3(a)(ii) from Item EY34.2 and substitute the following Section 3(a)(ii) instead:

" prior to issuance of an above grade building permit for Development Phase 1, the owner shall provide a cash contribution in the amount of $400,000 towards the capital rehabilitation and upgrading of the Toronto Community Housing Corporation (TCHC) buildings at 4995 Dundas Street West and 57 Mabelle Avenue and/or common amenity space upgrades a 4995 Dundas Street West and 57 Mabelle Avenue" and or the proposed new YMCA at Westwood/6 points.

2.  City Council delete Sections 3(a)(iii) and 3(a)(iv) from Item EY34.2 and substitute the following Section 3(a)(iii) instead:

"prior to issuance of an above grade building permit for Development Phase 2, the owner shall provide a cash contribution in the amount of $925,000 to be directed in consultation with the Ward Councillor as follows:

A.  $350,000 towards the capital rehabilitation and upgrading of the Toronto Community Housing Corporation (TCHC) buildings at 4995 Dundas Street West and 57 Mabelle A venue; and

B.  $575,000 towards the capital needs of a future YMCA facility proposed to be located on the former Westwood Theatre lands and/or towards the installation of a proposed Westwood Park in the 6-Points area."

3.  City Council renumber Sections 3(a)(v) and 3(a)(vi) of Item EY34.2 as Sections 3(a)(iv) and 3(a)(v).

4.  City Council determine that the revisions made to the proposed zoning by-law are minor in nature and, pursuant to subsection 34( I 7) of the Planning Act, no further public notice is required in respect or the proposed zoning by-law.

On July 8, 2014, City Council adopted item EY34.2, thereby approving the recommendations of the Report of the Director, Community Planning, Etobicoke York District to enact a proposed zoning by-law amendment. The development proposal, located at the intersection of Islington and Cordova A venues, proposes 1,200 residential units in three apartment towers of 45, 38 and 35 storeys, together with 711 m2 of retail space. Council's approval directed that the contribution of $1,575,000 under section 37 of the Planning Act be allocated to a specified range of community benefits. The purpose of this Motion is to revise the proposed allocation of the funds and to advance the timing for contribution of certain of the funds. (Item EY34.2 is available at:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2014.EY34.2)

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor, City Planning, and any other appropriate City Staff to attend the Ontario Municipal Board hearing for Case # PL151216 to support the Committee of Adjustment’s refusal of the requested consent and variances for 9 Atherton Crescent.

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor to appeal the January 14, 2016 Committee of Adjustment decision to approve the consent and minor variances at 56 Ash Crescent (Applications B72/15EYK, A646/15EYK, A647/15EYK) to the Ontario Municipal Board, and the City Solicitor and any other appropriate staff attend the subsequent hearing in opposition to consent and minor variance applications.

The owners of the land municipally known as 56 Ash Crescent applied to the Committee of Adjustment (COA) to obtain a consent to sever (Application B72/15EYK) and a number of associated minor variances (Applications A646/15EYK, A647/15EYK) in order to build two new detached two-storey dwellings with integral, at-grade single-car parking garages.

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

The consent and variances for 56 Ash Crescent are not in keeping with the intent and purpose of the zoning by-law, or the predominant physical character of the street and surrounding neighbourhood. Long Branch residents write letters and attend COA meetings, but they feel their voices are not being heard. At the January 14, 2016 COA meeting, City Planning Staff and I recommended deferral to allow for a community consultation to discuss the built form of the proposed homes, but that request was denied.

Consent and variance applications were recently submitted for two other properties on Ash Crescent, including one directly next door to 56 Ash Crescent. The applications for both of these properties were refused by the COA. The decision to approve 56 Ash Crescent is inconsistent with previous rulings on the same street.

I am requesting that the City of Toronto appeal the January 14, 2016 COA decision to the Ontario Municipal Board (OMB), and that City planning, City Legal, and any other appropriate City Staff attend the OMB hearing to oppose the COA decision.

North York Community Council recommends that:

1. City Council direct Transportation Services to proceed with the improvements to the intersection of Steeles Avenue West and Torresdale Avenue/Thurman Road as follows:

a. centre median extensions on the west and east leg;

b. relocate the existing pedestrian crossings outward on the west and east leg;

c. relocate/install pedestrian pushbuttons adjacent to the north/south crossings; and

d. review the location of the existing transit shelter on the southwest corner of the intersection behind the existing sidewalk.

As the Toronto Transit Commission operates a transit service on Steeles Avenue West, City Council approval of this report is required.

Transportation Services is seeking direction from City Council to modify the intersection of Steeles Avenue West and Torresdale Avenue/Thurman Road, in order to address the concerns of the Ward Councillor and residents by extending the centre medians, relocating the existing crosswalk area on the west and east side of the intersection and relocate the existing pedestrian pushbuttons as required.

The reconfiguration of the centre medians, in conjunction with the relocation of the existing north/south crossing area and traffic signal plant (pedestrian pushbuttons) modifications will improve the overall operation of the intersection for pedestrians.

North York Community Council recommends that:

1. City Council approve a westbound right-turn-on-red prohibition at the intersection of Leslie Street and Southwell Drive/Denlow Boulevard.

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

Transportation Services is requesting approval to prohibit the westbound right-turn-on-red movement at the intersection of Leslie Street and Southwell Drive for safety.  A pedestrian railing on the east side of Leslie Street severely restricts the ability of westbound motorists on Southwell Drive to see opposing northbound traffic on Leslie Street when initiating their right turn.

The proposed prohibition will improve the safety of motorists at this intersection. It will result in a minimal increase in delay for this movement. The volume of westbound right turns is less than 30 vehicles per hour during peak periods and can be accommodated during the westbound green signal.

North York Community Council recommends that:

1. City Council refuse the application to amend the Official Plan to permit a townhouse development on the site.

2. City Council refuse the application to amend the zoning by-laws to permit a townhouse development on the site.

3. Should the applications be appealed to the Ontario Municipal Board, City Council authorize the City Solicitor and appropriate City staff to appear before the Ontario Municipal Board in support of Council's refusal of the Official Plan amendment, Zoning By-law amendments and the associated Site Plan application.

This application proposes to amend the Official Plan and Zoning By-laws to permit 6 townhouse units fronting onto York Mills Road and a detached dwelling fronting onto Kirtling Place. The existing detached dwelling would be demolished. Vehicular access would be taken from Kirtling Place.

The proposed townhouse built form is not in keeping with the policies of the Official Plan and is inappropriate for the site. As such, staff are recommending that the applications be refused.

North York Community Council recommends that:

1. City Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the Ontario Municipal Board to oppose the appeal of the Official Plan Amendment and Zoning By-law Amendment applications (Application Number 15 170269 NNY 23 OZ).

The Official Plan Amendment and Zoning By-law Amendment applications have been appealed to the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time period prescribed under the Planning Act. A hearing date has yet to be established.

The applications are to amend the Official Plan and Zoning By-law to permit a 192 unit mixed use development that includes a 14 storey residential building with ground floor commercial uses, connected to 4 storey townhouses, at 53 to 63 Sheppard Avenue West and 62 to 68 Bogert Avenue.

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff as necessary to attend the OMB hearing to oppose the applications.

The development proposed by the applications would:

-be a significant change to an established Neighbourhood and area not designated for growth;

-have an inappropriate built form and transition to the Neighbourhood; and

-be a negative precedent for the rest of the Sheppard Avenue West corridor.

North York Community Council recommends that:

1. City Council authorize the City Solicitor to attend the Ontario Municipal Board hearing in support of the Committee of Adjustment's decision related to 29 Donwoods Drive (A622/14NY) and to retain outside planners and consultants, if necessary.

An application for minor variances related to 29 Donwoods Drive was refused by the North York Panel of the Committee of Adjustment on December 10, 2015. The application entails the demolition of the existing home and the construction of a new detached dwelling and cabana.

The applicant appealed to the Ontario Municipal Board.

Residents have significant concerns about the impact of the requested variances on the neighbourhood. The proposed footprint of the home would significantly impact the privacy of the immediate neighbors, and the feel and character of the community. The residents are also concerned with the proposed removal of several mature trees on the protected ravine lot.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 40-58 Widmer Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (December 14, 2015)  from the Director, Community Planning, Toronto and East York District), with amendments to Attachment 4 as follows:

a.  amending Section 1.(g) by deleting "223" before the words "parking spaces" and replacing it with "88", so that the section now reads:

"1.(g)  a minimum of 88 parking spaces for the use of residents shall be provided and maintained on the lot;"; and

b.  amending Section 1.(h) by deleting “26” before the words "parking spaces" and replacing it with “12”, so that the section now reads:

"1.(h)  a minimum of 12 parking spaces for the use of visitors shall be provided and maintained on the lot;".

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, City Council require the owner to withdraw their appeal of Official Plan Amendment 199.

4.   Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense:

a.  Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of $1,500,000, to be allocated as follows:

i.  $1,200,000 for community services, facilities and/or parkland improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;

ii.  $150,000 for the maintenance of or the provision of new affordable housing in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office; and

iii.  $150,000 for capital repairs to Toronto Community Housing buildings in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Affordable Housing Office.

b.  Prior to the issuance of the first below-grade building permit, the owner shall make a financial contribution to the City in the amount of $300,000 to be a allocated for pedestrian and cycling improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

c.  The cash contributions identified in Recommendation 4. a. and b. shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.

d.  Prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction, with further details regarding the contents of the construction management plan, including the requirements of the owner to participate in consultation with the community on the construction management plan, to be included in the Section 37 Agreement.

5.  City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 40-58 Widmer Street.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 1-83 for the former City of York, for the lands at 350 Vaughan Road substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 11 to the report (December 16, 2015) 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 350 Vaughan Road substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 12 to the report (December 16, 2015) 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 Amendment as may be required.

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a revised Functional Servicing & Stormwater Management Report to the satisfaction of the Executive Director, Engineering and Construction Services.

5.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to address all matters related to fire services, to the satisfaction of the Executive Director, Engineering and Construction Services.

6.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.  The community benefits recommended to be secured in the Section 37 Agreement are as follows:

Prior to issuance of an above grade building permit the owner shall make an indexed cash contribution to the City in the amount of $30,000 to be allocated at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the local Councillor, toward any one or more of the following:

a.  Wychwood Barns;
b.  Toronto Bike Share; and
c.  Improvements to local community facilities.

Such amount to be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.

b.  In the event the cash contribution referred to in Section 6.a. 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, at the discretion of the Chief Planner and Executive Director of 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.

c.  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 pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that improvements to such infrastructure is required to support this development.

ii.  Prior to the issuance of any building permit for the site, the owner shall enter into an agreement to construct a new sanitary sewer on Cherrywood Avenue, to the satisfaction of the Executive Director, Engineering and Construction Services.

iii.  Prior to the issuance of any building permit for the site, the owner shall prepare at its expense all documents and convey to the City, at a nominal cost, a 0.67 metre wide strip of land to the full extent of the site abutting the north limit of the east-west public lane that runs easterly from Rushton Road, and a 0.67 metre wide strip of land to the full extent of the site abutting the north limit of the east-west public lane that runs westerly from Cherrywood Avenue, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to an access easement, all to the satisfaction of the Executive Director, Engineering and Construction Services and the City Solicitor.

iv.  Prior to the issuance of any building permit for the site, the owner shall prepare all documents at its expense and convey to the City, at a nominal cost, a 1.5 metre by 1.5 metre daylight triangle space, at the south-easterly portion of the section that connects the public lanes that extend from Rushton Road and Cherrywood Avenue, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to an access easement, all to the satisfaction of the Executive Director, Engineering and Construction Services and the City Solicitor.

v.  The Owner shall submit to the Executive Director, Engineering and Construction Services, for review and acceptance, prior to depositing in the appropriate Land Registry Office, a draft Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, showing the co-ordinate values at the main corners of the development lands, and delineating thereon, by separate PARTS, the lands to be conveyed to the City and any appurtenant rights-of-way.

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86 for the lands at 45-77 Dunfield Avenue substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 12 to the revised report (December 11, 2015), from the Director, Community Planning, Toronto and East York Community District.

2.  City Council amend Zoning By-law 569-2013 for the lands at 45-77 Dunfield Avenue substantially in accordance with the draft Zoning By-law Amendment 13 to the revised report (December 11, 2015) 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 at 45-77 Dunfield Avenue to provide sufficient on-site parking as outlined in the Engineering and Construction Services memo of October 21, 2015 and in the report dated December 11, 2015, from the Director, Community Planning, Toronto and East York District.

5.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner at 45-77 Dunfield Avenue to submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Executive Director, Engineering and Construction Services.

6.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner at 45-77 Dunfield Avenue to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.  The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  the construction, finishing, furnishing and equipping of a non-profit licensed child care facility to accommodate at least 52 children, including infants, toddlers and preschoolers, generally in accordance with the Child Care Term Sheet (Refer to Term Sheet in Attachment 11), comprising 531 square metres of interior space and 254 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision of a minimum of three (3) child care-pick-up and drop-off parking spaces;

ii.  the entering into a lease agreement with the City for three 25-year terms and one 24-year term for a total of 99 years; and such facility shall be free of all rent, the cost of all utilities and municipal services supplied to the facility, caretaking costs, repair and maintenance costs, property damage, liability insurance, realty taxes and local improvement charges;

iii.  a one-time cash contribution in range of $150,000 to $180,000 to the Child Care Facility replacement reserve fund to replace appliances and large equipment due to wear and tear; and

iv.  a one-time cash contribution in the range of  $100,000 to $150,000 to Start-Up Costs for the defrayment of operational deficits during the first year of operation.

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

i.  an easement for the provision of 6,060 square metres of privately owned, publicly accessible open space all located on the site.  (Refer to the Plan in Attachment 10, attached to the report [December 11, 2015] from the Director, Community Planning, Toronto and East York District);

ii.  the Owner shall provide and maintain 177 existing dwelling units at 77 Dunfield Avenue and 575 existing dwelling units at 45 Dunfield Avenue on the site as rental housing for the period of at least 20 years, from the date of the Zoning By-Law being in-force and effect, with all the new and retained associated facilities and amenities of the buildings to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor;

iii. the Owner shall provide and maintain 519 new rental units on the site as rental housing for the period of at least 10 years, with no application for demolition or conversion for a period of at least 10 years from the date of first occupancy;

iv.  the Owner shall provide a Construction Mitigation Plan that includes provisions for special needs tenants, mitigation for tenants during construction periods, including compensation for the removal of facilities currently associated with the units, a respite room and other measures as may be deemed reasonable and appropriate to the satisfaction of the Chief Planner and Executive Director, City Planning Division, without cost-pass through to tenants; and

v.  the Owner shall provide a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

The Toronto and East York Community Council recommends that:

1.  City Council amend the Official Plan for the lands at 875 and 887 Queen Street East substantially in accordance with the draft Official Plan Amendment attached as Attachment 9 to the report (December 17, 2015) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend Zoning By-law 438-86 for the lands at 875 and 887 Queen Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report  (January 12, 2016) from the Director, Community Planning, Toronto and East York District.

3.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 875 and 887 Queen Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (January 12, 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 Official Plan Amendment and draft Zoning By-law Amendments as may be required.

5.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the Lands (the "Owner") to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following community benefits on such terms and conditions as deemed satisfactory to the Chief Planner and Executive Director, City Planning in a form acceptable to the City Solicitor:

a.  The Owner will convey to the City fee simple title to no less than 1,827.31 square metres of indoor space suitable for use as a shelter, no less than 104.05 square metres of outdoor amenity space associated with the shelter, with such conveyance to include the construction and finishing of those spaces to the satisfaction of the General Manager, Shelter, Support and Housing Administration and the City Solicitor.

6.  City Council require that the following matters are also to be secured in the Section 37 Agreement in support of the development:

a.  The Owner will submit a hydrogeological report to the satisfaction of the Executive Director, Engineering and Construction Services, prior to the issuance of any building permit.  For greater clarity, a building permit shall also include conditional building permit.  The hydrogeological report will provide detailed groundwater conditions, indicate whether or not groundwater will have to be pumped and discharged to a City sewer on a temporary or permanent basis, and include a design of a permanent dewatering system for the site if groundwater is required to be pumped and discharged to a City sewer.

b.  The Owner will reconstruct the north and east building façades of 887 Queen Street East (former Woodgreen Pharmacy) as a design element of the proposed development, using original materials to maintain the scale and appearance of the existing building, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

7.  City Council request the Director of Community Planning, Toronto and East York District, to secure the reconstruction of the façade of 887 Queen Street East through Site Plan Approval as part of the development's architectural details and materials.

The Toronto and East York Community Council recommends that:

1.  In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner intends to approve the draft plan of common elements condominium for the lands at 71-73 Saulter Street, as generally illustrated on Attachment 1 to the report (December 4, 2015) from the Director, Community Planning, Toronto and East York District, subject to:

a.  the conditions as generally listed in Attachment 2 to the report (December 4, 2015) 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 may deem to be appropriate to address matters arising from the on-going technical review of this development.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in an attempt to resolve the issues outlined in the report (December 11, 2015) from the Director, Community Planning, Toronto and East York District, regarding 65 Grand Magazine Street, and report back to City Council on the details of a settlement, if one is reached, including Section 37 matters.

2.  In the event that the outstanding issues contained in the report (December 11, 2015) from the Director, Community Planning, Toronto and East York District are not resolved, City Council direct the City Solicitor, together with City Planning staff and other City staff, to attend the Ontario Municipal Board hearing to oppose the Official Plan and Zoning By-law amendment applications as proposed.

3.  City Council authorize the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify and provide direction to City Staff and the City Solicitor with respect to matters, services and facilities pursuant to Section 37 of the Planning Act in the event the Board approves the Official Plan and Zoning By-law amendment applications as proposed in whole or in part.

4.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold its final Order to approve the Official Plan and Zoning By-law amendment for the subject lands until such time as:

a.  the City and the owner have presented to the Ontario Municipal Board an Official Plan and Zoning By-law amendment that implements the decision of the Board in form and substance satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor; and

b.  community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in an attempt to resolve the issues outlined in this report (January 18, 2016) from the Director of Community Planning, Toronto and East York District, regarding 23 Spadina Avenue,  and report back to City Council on the details of a settlement, if one is reached, including Section 37 matters.

2.  In the event that the outstanding issues contained in this report are not adequately resolved, City Council direct the City Solicitor, together with City Planning staff and other City staff, to attend the Ontario Municipal Board hearing to oppose the Zoning By-law Amendment and Site Plan applications as proposed.

3.  City Council authorize the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the matters, services and facilities pursuant to Section 37 of the Planning Act to be secured, in the event the Ontario Municipal Board approves the Zoning By-law amendment application as proposed in whole or in part.

4.  In the event that the Ontario Municipal Board allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the Ontario Municipal Board withhold its final Order to approve the Zoning By-law amendment and Site Plan applications for the subject lands until such time as:

a.  the City and the owner have presented to the Ontario Municipal Board a Zoning By-law amendment that implements the decision of the Ontario Municipal Board in form and substance satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor;

b.  community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor; and

c.  Notice of Approval Conditions has been finalized by the City.

The Toronto and East York Community Council recommends that:

The Toronto and East York Community Council recommends that:

1.   City Council approve the alterations to the heritage property at 1001 Queen Street West in accordance with Section 33 of the Ontario Heritage Act to allow for alterations to the south and east wall, excluding the proposed removal of the northernmost bay of the east wall along Shaw Street, with such alterations in accordance with the Conservation Plan prepared by ERA Architects Inc. dated October 14, 2015, and on file with the Senior Manager, Heritage Preservation Services, subject to minor amendments satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following conditions:

a.  Prior to the issuance of Final Site Plan Approval for the property at 1001 Queen Street West, the owner shall:

i.  provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Conservation Plan for the property at 1001 Queen Street West prepared by ERA Architects Inc. dated October 14, 2015, with the Conservation Plan to include an Interpretation Plan and a restoration strategy to address the removal of cement parging from the northeast corner wall end at Queen Street West and Shaw Street and all associated costs for conservation and interpretive work, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

ii.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.a.i. in the report dated November 18, 2015 from the Chief Planner and Executive Director, City Planning Division to the satisfaction of the Senior Manager, Heritage Preservation Services.

b.  Prior to the issuance of any permit for all or any part of the property at 1001 Queen Street West, the applicant shall:

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

c.  Prior to the release of the Letter of Credit required in Recommendation 1.b.i. in the report dated November 18, 2015 from the Director, Chief Planner and Executive Director, City Planning Division, the owner shall:

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

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

The Toronto and East York Community Council recommends that:

1.  City Council approve the alterations to the heritage property at 106 Glen Road in accordance with Section 42 of the Ontario Heritage Act, substantially in accordance with plans and drawings dated November 17, 2015 prepared by Gervais Design-Build and the Heritage Impact Assessment (HIA) dated October 2015 prepared by William Greer, date-stamped received by the City Planning Division November 18, 2015 and on file with the Senior Manager, Heritage Preservation Services, all subject to the following condition:

a.  Prior to the issuance of any heritage permit for the alterations of the property located at 106 Glen Road, the applicant will provide final building permit drawings and a landscape plan to the satisfaction of the Senior Manager, Heritage Preservation Services.

The Toronto and East York Community Council recommends that:

1.  City Council approve the alterations to the heritage property at 450 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a five-storey rooftop addition and interior alterations to the existing building on the lands known municipally in 2015 as 450 Yonge Street, with such alterations substantially in accordance with the Heritage Impact Assessment dated May 8, 2015, prepared by E.R.A. Architects Inc., date-stamped received by Heritage Preservation Services on May 27, 2015, and on file with the Senior Manager, Heritage Preservation Services, subject to the following conditions:

a.  Prior to the issuance of Final Site Plan Approval for the property at 450 Yonge Street, the owner shall:

i.  enter into a Heritage Easement Agreement with the City for the property at 450 Yonge Street substantially in accordance with the plans and drawings dated May 8, 2015 prepared by E.R.A. Architects Inc., date stamped received by Heritage Preservation Services on May 27, 2015 and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan, required in Recommendation 1.a.ii. in the report (November 18, 2015) from the Chief Planner and Executive Director, City Planning, to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

ii.  provide a Conservation Plan and an Interpretation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out by ERA Architects Inc. dated May 8, 2015, to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

iv.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.a.ii. in the report (November 18, 2015) from the Chief Planner and Executive Director, City Planning, to the satisfaction of the Senior Manager, Heritage Preservation Services.

b.  Prior to the issuance of a heritage permit for the designated property at 450 Yonge Street pertaining to the rooftop addition and interior alterations, but excluding permits for interior work not affecting the heritage attributes of the property, repairs, maintenance and usual and minor works to the property as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

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

ii.  provide full building permit drawings including notes and specifications for the conservation, stabilization and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.ii. in the report (November 18, 2015) from the Chief Planner and Executive Director, City Planning, including a description of materials and finishes, to be prepared by the project architect and heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

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

c.  Prior to the release of the Letter of Credit, the owner shall:

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

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

2.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 450 Yonge Street in a form and content satisfactory to the Chief Planner and Executive Director and City Solicitor.

3.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of the Heritage Easement Agreement for the property at 450 Yonge Street.

The Toronto and East York Community Council recommends that:

1.  City Council grant an exemption to the Community Folk Art Council of Toronto, CAAMA,  Ontario Farm Fresh Marketing Association and Toronto Downtown Jazz Society to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

a.  approval of the A.G.C.O.

b.  approval of the Medical Officer of Health

c.  compliance with the City of Toronto’s Municipal Alcohol Policy

d.  receipt of all the necessary permits associated with the production of the event i.e., building permit, noise by-law extension permit.

2.  City Council grant permission to the Canadian Transplant Association, CAAMA, Trek for Teens Foundation, Schizophrenia Society of Ontario, Boys and Girls Clubs of Greater Toronto, Camp Jumoke, United Way, Make-a-Wish Canada and Toronto Downtown Jazz Society to solicit donations in support of their organizations.

3.  City Council grant permission to Toronto Downtown Jazz Society to host “ticketed performances and to solicit donations in support of their organization.

4.  City Council require that the various events compensate the City of Toronto, through the Facilities Management Division, for all City of Toronto expenses associated with an event above the standard staffing compliment.

The Toronto and East York Community Council recommends that:

A.  City Council advise the Alcohol and Gaming Commission of Ontario that it has no objection, for liquor licensing purposes, to the following requests, noting that applicants are required to comply with other applicable By-laws and to obtain the necessary permits for any patio area extending into the City's right of way:

1.  Temporary liquor licence extensions until 4:00 a.m., for the following venues during the 30th Annual Toronto Jazz Festival, to be held from June 24 to July 3, 2016:

The Painted Lady
Three other Festival venues to be determined.

2.  Temporary liquor licence/patio extension for the outdoor concrete patio area and adjacent portions of the private parking lot during the Ideacity Closing Night Party to be held on Friday, June 17, 2016, from 7:00 p.m. to 1:00 a.m., at 64 Jefferson Avenue.

3.  Temporary liquor licence extension until 4:00 a.m. each day from February 11 to 14, 2016, for The Garrison, 1197 Dundas Street West, during The Wavelength Music Festival 16.

4.  Temporary liquor licence extension until 4:00 a.m. each day for La Vie Complex, 224 Richmond Street West, from February 11 to 14, 2016, as part of the NBA All-Star Weekend 2016.

5.  Temporary liquor licence extension from 8:00 p.m. to 4:00 a.m. on February 11, 2016, for an event to be held during the NBA All Star Week Celebration at Andrew Richard Designs and Events, in the Atrium (ground level floor), 571 Adelaide Street East.

6.  Temporary liquor licence extensions until 4:00 a.m. for Hi-Fi Musical Adventure 2016 events to be held from March 10 to 12, 2016 (including to 4:00 a.m. on March 13, 2016) at the following locations:

The Silver Dollar Room, 486 Spadina Avenue
The Old Laurel, 300 College Street

7.  Temporary liquor licence/patio extensions for the following establishments during the 2016 Dundas West Fest to be held on June 11, 2016, from 11:00 a.m. to 10:00 p.m., on Dundas Street West between Lansdowne Avenue and Shaw Street:

Dundas Street West

1729                            Branca
1665                            Wallflower
1635                            Swan Dive
1608                            Bola Bar
1602                            Half Point
1600                            Bivy
1588                            CAFÉ+BAR+PASTA
1576                            *
1574                            Black Dice
1570                            Amigos da Dundas
1566                            Brazil Bakery
1560                            Bairrada
1603                            Pho Phuong
1595                            Four Aces
1585                            Lula Lounge
1532                            *
1516                            The Derby
1484                            The Cure
1543                            Brockton Bar & Sports
1454                            Antler
1442                            Sukho Thai
1438                           The Federal
1436                            Midfield
1415                            Unlovable
1430                            Loveless
1424                            Gayley's
1422                            Eggs Sunrise
1405                            Europa catering
1375                            Solita
1371                            E L Ruddy
1369                            Sex Laser
1288                            Enoteca Sociale
1282                            The Saucy Pierogi
1280                            The Dock Ellis
1276                            Goleard's Sports Bar
1321                            Porter House
1307                            Universal Billiards
1305                            Remix Lounge
1265                            Mr. Flamingo
1261                            Fountain
1247                            Milk Glass
1242                            Brazilian Star
1216                            Ufficio
1212                            Churchill
1172                            Nova Era
1166                            The Contender
1164                            Ossington Stop
1209                            Caldense Bakery
1197                            The Garrison
1185                            The Red Light
1181                            Get Well
1173                            Camp 4
1149                            Communist's Daughter
1132                            Lakeview Diner
1116                            First Choice
1112                            Opera Bobs
1108                            Bunda Lounge
 
 * license transfer/new establishment's name unknown

8.  Temporary liquor licence/patio extensions during the BIG on Bloor Festival to be held on July 23, 2016 from 1:00 p.m. to 12:00 a.m., and July 24, 2016 from 12:00 noon to 6:00 p.m., on Bloor Street West, from Dufferin to Lansdowne (list of establishments participating to be submitted at a later date).

B.  City Council approve the following road closures:

1.  Closure of north curb lane of Wellington Street West from John Street to Simcoe Street for load in, event dates and load out, during the World MasterCard Fashion Week event to be held from March 14 to 18, 2016 at David Pecaut Square, 55 John Street.

2.  Closure of Dundas Street West, between Lansdowne Avenue and Shaw Street during 2016 Dundas West Fest to be held on June 11, 2016, from 8:00 a.m. to 12:00 midnight.

3.  Closure of Bloor Street West from Dufferin to Lansdowne during the BIG on Bloor Festival to be held on July 23, 2016 from 1:00 p.m. to 12:00 a.m. and July 24, 2016, from 12:00 noon to 6:00 p.m.

The Toronto and East York Community Council, under its delegated authority, declared the following to be events of municipal significance for liquor licensing purposes:

1.  Toronto's Festival of Beer to be held at The Bandshell Park, Exhibition Place, on the following dates:

July 22, 2016, from 3:00 p.m. to 11:00 p.m.
July 23, 2016, from 12 noon to 8:00 p.m.
July 24, 2016, from 12 noon to 8:00 p.m.

2.  Toronto Food + Drink Market to be held at the Enercare Centre, Exhibition Place, on the following dates:

April 8, 2016, from 11:00 a.m. to 9:00 p.m.
April 9, 2016, from 11:00 a.m. to 9:00 p.m.
April 10, 2016, from 11:00 a.m. to 5:00 p.m.

3.  World MasterCard Fashion Week to be held at David Pecaut Square, 55 John Street, from March 14 to 18, 2016, from 11:00 a.m. to 11:30 p.m. each day.

4.  The 30th Annual Toronto Jazz Festival to be held at various locations in the City, from June 24 to July 3, 2016.

5.  The Ideacity Closing Night Party to be held at 64 Jefferson Avenue, on Friday, June 17, 2016, from 7:00 p.m. to 1:00 a.m.

6.  2016 Pride Toronto to be held from June 24, 2016 to July 3, 2016, with all major events and road closures to take place on the weekend of July 1, 2016 until July 3, 2016.

7.  Toronto Taste 2016 to be held at Corus Quay, 25 Dockside Road, on Sunday, June 12, 2016, from 5:00 p.m. to 11:00 p.m.

8.  Event to showcase LGBT Talent to be held at CineCycle, 129 Spadina Avenue, on January 23, 2016, from 8:00 p.m. to 2:00 a.m.

9.  Taste of Toronto 2016, to be held on the following dates at Fort York National Historic Site, 250 Fort York Boulevard:

June 23, 2016, from 5:00 p.m. to 9:30 p.m.
June 24, 2016, from 12:00 noon to 4:00 p.m., and 5:30 p.m. to 11:00 p.m.
June 25, 2016, from 12:00 noon to 4:00 p.m., and 5:30 p.m. to 11:00 p.m.
June 26, 2016, from 12:00 noon to 5:00 p.m.

10.  The Wavelength Music Festival 16, to be held on the following dates:

February 11-14, 2016 - The Garrison, 1197 Dundas Street West from 7:00 p.m. to 4:00 a.m.

February 13, 2016 – Markham House, City Building Lab, 610 Markham Street from 12:00 noon to 6:00 p.m.

11.  Opening Night Party of The Artist Project to be held on February 18, 2016, from 5:00 p.m. to 10:00 p.m., at the Better Living Centre, Exhibition Place.

12.  Amendment to the dates for Canadian Music Week, to be held from May 2-8, 2016, rather than May 4-14, 2016 (as originally approved by the Toronto and East York Community Council on November 10, 2015 under TE12.90); and noting that extended licensing until 4:00 a.m. (indoors only) from May 4, 2016 to 4:00 a.m. on Monday, May 9, 2016 will only be offered to those venues previously approved by City Council on December 10, 2015 under TE12.90.

13.  The Danforth Mosaic BIA's "The Danny Loves Music 2016 Series" to be held at East Lynn Park, from 5:00 p.m. to 10:00 p.m. on the following dates:

Friday, July 1, 2016
Wednesday, July 6, 2016,
Wednesday, July 13, 2016
Wednesday, July 20, 2016
Wednesday, July 27, 2016

14.  Toronto Food Truck Festival to be held at Woodbine Park, on the following dates:

July 29 and 30, 2016, from 12:00 noon to 11:00 p.m.
July 31, 2016, from 12:00 noon to 9:00 p.m.

15.  The 2016 Last Wednesdays events to be held at the 401 Richmond Building, 401 Richmond Street West from 5:00 p.m. to 8:00 p.m. on the following dates:

March 30, 2016
April 27, 2016
May 25, 2016
June 29, 2016
July 27, 2016
September 28, 2016
October 26, 2016
November 30, 2016

16.  Sound Travels: An Exploration of the Sound Maker's Journey to be held on March 19, 2016, from 7:30 p.m. to 12:00 a.m., at Gallery 345, 345 Sorauren Avenue.

17.  Hi-Fi Musical Adventure 2016 to be held from March 10 to 12, 2016 (including to 4:00 a.m. on March 13, 2016) at the following locations:

The Silver Dollar Room, 486 Spadina Avenue
The Old Laurel, 300 College Street

18.  Santa Cruz Church's Holy Spirit Festival and Our Lady of Angels event to be held on June 25 and 26, 2016, at Santa Cruz Church, 142 Argyle Street.

19.  2016 Dundas West Fest to be held on June 11, 2016, from 11:00 a.m. to 10:00 p.m., on Dundas Street West between Lansdowne Avenue and Shaw Street.

20.  2016 Beach BBQ and Brews Festival to be held at Woodbine Park on the following dates:

June 17, 2016, from 3:00 p.m. to 11:00 p.m.
June 18, 2016, from 12:00 noon to 11:00 p.m.
June 19, 2016, from 12:00 noon to 8:00 p.m.

21.  The Brewers Plate 2016 to be held at Corus Quay on May 18, 2016, from 6:00 p.m. to 11:00 p.m.

22.  The BIG on Bloor Festival to be held on July 23, 2016 from 1:00 p.m. to 12:00 a.m., and July 24, 2016 from 12:00 noon to 6:00 p.m., on Bloor Street West, from Dufferin to Lansdowne.

The Toronto and East York Community Council recommends that:

1.  City Council request the Director, Community Planning, Toronto and East York District, to:

a.  reach out to property owners on the Spadina-Peter-Adelaide-Richmond (SPAR) block to discuss opportunities to work together to improve public realm, mid-block connections, and create new green space;

b.  develop a public realm plan for the Spadina-Peter-Adelaide-Richmond (SPAR) block to help guide development proposals and inform the ongoing review of King-Spadina's East Precinct; and

c . present the outcome of the above recommendations to the local community in consultation with the Ward Councillor.

The City Manager, Deputy City Manager, Cluster B and Deputy City Manager and Chief Financial Officer recommend that:

1.  Council increase the staff preliminary 2016 Capital Budget and 2017-2025 Capital Plan for the Toronto-York Spadina Subway Extension Project by $400 million, with $240 million representing the City of Toronto's share of costs, and the remaining $160 million reflecting the Regional Municipality of York's share.

2.  Council reiterate its request to the Province of Ontario to ensure that its contribution to the Toronto-York Spadina Subway Extension Project, through the Move Ontario Trust is no less than $1.059 billion as projected at the outset of the project;

3.  Council reiterate its request to the federal government to increase its funding for the Toronto-York Spadina Subway Extension Project to reflect one-third funding of the original total project cost; and

4. Council authorize that the information provided in the Confidential Attachment to the TTC Board's report, attached as Attachment 1 to the report, remain confidential until such time as the TTC has advised the City that all claims and litigation related to the Toronto-York Spadina Subway Extension Project are settled. 

The City Manager recommends that:

1.  City Council receives this report for information.

At the May 5, 2015 City Council meeting, Mayor John Tory moved a motion to defer consideration of a staff report regarding amendments to standard taxicab regulations. 

A member of the public filed a complaint alleging that the Mayor contravened Articles VIII (Improper Use of Influence), IX (Business Relations) and X (Conduct Regarding Current and Prospective Employment) of the Code of Conduct for Members of Council (the "Code of Conduct") for, among other things, improperly preferring and supporting the ride-sharing service, commonly known as "Uber" when he moved the motion and made public statements because members of the Mayor's former campaign staff were consultants for Uber.

I investigated whether Mr. Tory improperly used the influence of his office to benefit two former members of his campaign team by moving the May 5, 2015 deferral motion in contravention of Article VIII of the Code of Conduct.  Consistent with Part B, section 2 of the Code of Conduct Complaint Protocol for Members of Council (the "Complaint Protocol") I did not investigate other matters alleged in the complaint because the other allegations did not give rise to any possible issues under the Code of Conduct.

In the attached report, I concluded that the May 5, 2015 motion was the result of a number of considerations unrelated to the former campaign staff’s involvement, including the desirability of dealing comprehensively with regulation of ground transportation services and the fact that Council was awaiting the outcome of a pending court proceeding with respect to the applicability of the current regulatory scheme to Uber.  Further, I find that Mayor Tory's actions in relation to the motion were unrelated to the interests of his former campaign staff and were not a contravention of Article VIII of the Code of Conduct. 

I also find the circumstances that led to the complaint are based on a reasonable concern that an elected official might pay special attention, or provide preferential treatment, to former campaign staff, particularly those who aided the official in winning an election.  Such perceptions may arise any time a former campaign aide lobbies an elected member of Council whom the aide supported.  I therefore take this opportunity to offer some guidance about the interaction between elected officials and those individuals who assist in their campaigns and subsequently lobby the elected official.

Part B, s. 6(3) of the Complaint Protocol gives the Integrity Commissioner discretion to make a report to Council about a dismissed complaint in exceptional circumstances.  I conducted a confidential investigation, but the fact of this complaint has been made public.  In my view, it is important and appropriate to bring the fact of the investigation, the findings, and the guidance, to the attention of Council. I am, therefore, filing this report with Council for its information.

In April and May 2015, Councillor Ford's constituency newsletter, the "Ward 2 Newsletter", included an advertisement for a campaign fundraiser.  A member of the public filed a complaint alleging that including the advertisement was contrary to Articles VI (Use of City Property) and VII (Election Campaign Work) of the Code of Conduct for Members of Council (the "Code of Conduct").

In the attached report, I find that when Councillor Ford included the advertisement in his newsletter, he used City resources for a purpose related to an election campaign, which is contrary to City policies and the Code of Conduct. 

I also find that Councillor Ford contravened Article XV of the Code of Conduct (Failure to Adhere to Council Policies and Procedures) because he failed to disclose his use of personal funds to pay for the newsletter, which I find is a core part of councillors' constituency work and is subject to City policies.  Councillor Ford has previously been warned that using personal funds for his Council work without disclosure is contrary to City policies and the Code of Conduct.

Councillor Ford cooperated with this investigation and made no objection to the core principle that City resources should not be used for campaign purposes.  However, in my view, a penalty that contains a component of deterrence is warranted because a prior clear warning has been insufficient to correct Councillor Ford's behaviour

In consideration of these factors, I recommend that Council adopt a finding that Councillor Ford's conduct contravened the Code of Conduct and that as a consequence for including an election advertisement in his constituency newsletter and the resultant use of City resources, Council suspend the remuneration (excluding benefits) paid to Councillor Ford for three (3) days.  The value of a three day suspension of remuneration is approximately $900.

I also recommend that Council direct Councillor Ford to report all personal funds paid by him with respect to the newsletter and if he fails to disclose such funds by February 28, 2016, his remuneration (excluding benefits) be suspended for an additional three (3) days.

The City Solicitor recommends that:

1.  City Council adopt the Confidential Recommendations to staff in Confidential Attachment 1.

2.  The Recommendations in Confidential Attachment 1 to this report as well as the information contained in Appendix "A" of Confidential Attachment 1 be made public if Council adopts Recommendation 1.

3.  Except as provided in Recommendation 2 above, all other information contained in the Confidential Attachment 1 is to remain confidential.

This application proposes two condominium apartment buildings of 24 and 32 storeys attached to two existing, 14-storey rental apartment buildings at 33 Holly Street and 44 Dunfield Avenue; 5-storey additions on top of the two existing rental apartment buildings at 33 Holly and 44 Dunfield; and a 6-storey apartment building at 86 & 88 Soudan Avenue. The new 6-storey apartment building would require the demolition of two rented, single detached houses.

The Zoning By-law 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.  At its meeting of May 5, 6 and 7, 2015, City Council directed the City Solicitor, together with appropriate City staff, to oppose the proposal in its current form at the OMB.

Pre-hearings at the OMB were held on January 30, 2015 and May 25, 2015.  City staff, together with the other parties to the hearing participated in an OMB-led mediation session on December 10 and 11, 2015.  A full hearing for this matter is set to commence on March 21, 2016.

Further direction from City Council is required with regard to this matter.

The City Solicitor recommends that:

1. City Council adopt the Recommendations in Confidential Attachment 1;

2. The recommendations contained in Confidential Attachment 1 as well as Appendix "A", "B" and "C" to Confidential Attachment 1, be made public at the discretion of the City Solicitor; and

3. Except as provided in Recommendation 2 above, all other information contained in Confidential Attachment 1 is to remain confidential.

The applicant appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) based on the failure of Council to have made a decision within the time prescribed by the Planning Act.  The application submitted proposes an 8 storey (9 storey including a greenhouse area), 175 unit rental retirement building (Phase 1) and a 7 storey, 109 unit condominium targeted to seniors (Phase 2) at 146 & 150 Laird Drive.  150 Laird Drive is a property included on the City of Toronto Heritage Register since 2007 (former Durant Motors of Canada, Ltd.) and Council has recently stated its intention to designate.

At its meeting of September 30, October 1 and 2, 2015 Council did not support the proposal and adopted the recommendations in the Request for Direction Report of the Director of Community Planning, North York District (August 18, 2015).  The City Solicitor and Staff were directed to attend at the Ontario Municipal Board to oppose the application.  The hearing is scheduled to commence February 29, 2016 for a two-week period.  Further direction is required from City Council prior to commencement of the hearing.

City Planning has been involved in preparation of this report. 

The City Solicitor recommends that:

1.  Council adopt the Confidential Recommendations to staff in Confidential Attachment 1; and

2.  Council authorize the public release of the Confidential Recommendations, if adopted, with the balance of the Confidential Attachment 1 to remain confidential.

Further direction from City Council is required on a matter that has been appealed to the Ontario Municipal Board ("OMB").  A hearing has been scheduled for April 4, 2016.  Revised plans have been submitted to City Planning with a covering letter dated January 13, 2016 for review and comment.  This report was prepared in conjunction with City Planning.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

2.  The recommendations contained in the Confidential Attachment 1 to this report be made public at the end of the Council meeting.  All other information contained in Confidential Attachment 1 is to remain confidential.