Agenda

Councillor Adam Vaughan has submitted the following Administrative Inquiry:

 "In light of the recent ruling by the Campaign Compliance Audit committee, what are the implications for future elections in Toronto?

When faced with apparent, if not actual, violations of the rules governing Municipal Elections in Toronto the committee has chosen not to prosecute these apparent transgressions. This calls into question many of the fundamental rules that govern campaigning in this city.

Therefore, we are asking your office to provide both City Council and the public with written guidance and clarification as to what exactly are the regulations that governing campaigning in Toronto in advance of the 2014 elections. In particular, clarification of the rules as they relate to spending and fundraising before a candidate is registered."

1.           City Council authorize the City Solicitor and City Planning staff to attend the Ontario Municipal hearing to uphold the Committee of Adjustment's decision.

On November 21, 2012 the Committee of Adjustment modified and approved an application to permit the construction of a three-storey dwelling.  The existing dwelling would be demolished.

1.         Proposed gross floor area of 530m2 or 5704.8sq.ft. (0.67 times the area of the lot)

2.         Proposed front lot line setback of 7.74m to the bay window

3.         Proposed east side lot line setback of 0.9m

4.         Proposed west side lot line setback of 2.95m

Staff recommended that Committee reduce the proposed Gross Floor Area (Variance 1) to a size that is more in keeping with previous Committee Approvals and the character of the surrounding area.  The Applicant reduced the proposed Gross Floor Area (Variance 1) to 510.60m² (0.648 times the area of the lot).

The Committee of Adjustment modified and approved Variance #1 to a proposed gross floor area of 354.66m2 (0.45 times the area of the lot) and approved Variances #2, 3 and 4 subject to the conditions of Urban Forestry.

On December 5,  2012 the Applicant appealed the Committee decision to the Ontario Municipal Board. Case #PL130087 will be heard on May 28, 2013.

The Toronto and East York Community Council submits the item to Council without recommendation.

By way of Order No. 2799 issued on October 3, 2006, the Ontario Municipal Board approved Official Plan Amendment No. 342 (By-law No. 25-2007) of the Official Plan for the former City of Toronto and site specific Zoning By-law No. 26-2007 to permit a mixed use development with two residential condominium towers and retail uses at grade on the lands municipally known as 40 The Esplanade.  A Section 37 Agreement was entered into, which required the Owner of the lands to, amongst other matters, contribute $700,000 (with indexing) towards the creation of a municipal park on the lands bordered by The Esplanade, Market Street, Wilton Street and Lower Jarvis Street (known municipally as 125 The Esplanade).

This report recommends that By-law No. 26-2007 be amended to direct the funds originally allocated to the park to be reallocated to the Market Street Streetscape Improvement Project.  This is a road narrowing and flexible boulevard project on Market Street between Front Street East and The Esplanade, less than two blocks east of the subject property.  Any remaining unused portion of the funds would be directed to local parkland creation or improvements and/or local streetscape enhancement projects.

This report further recommends that the Section 37 Agreement for 40 The Esplanade be amended to reflect the reallocation of the $700,000.00 cash contribution (now $738,674.79 with interest).

Transportation Services is requesting authority to close a section of the south sidewalk and curb lane on Eglinton Avenue East and establish a temporary pedestrian walkway in the closed lane.

Madison Eglinton Ltd. is constructing a 36-storey building and a 33-storey building at No. 97 Eglinton Avenue East.  This project requires a temporary sidewalk and lane closure for a period of 34 months to enable construction to proceed.  This will result in the loss of four pay-and-display parking spaces.

This work also requires closing sections of the sidewalk and road on Dunfield Avenue and Lillian Street.  These matters are dealt within a companion report "Construction Staging Areas - Dunfield Avenue and Lillian Street" requiring Toronto and East York Community Council approval.

The Executive Committee recommends that:

1.         City Council, in its capacity as Shareholder of Toronto Community Housing Corporation (TCH):

a.         pursuant to Section 6.3.1 (a) of the City's Shareholder Direction to Toronto Community Housing (TCH) approve the term sheet attached as Attachment 1 to this report (March 6, 2013) from the City Manager (the Term Sheet) between Toronto Community Housing (TCH) and Infrastructure Ontario for refinancing totalling $154,703,882, in order to address the renewal of 18 Toronto Community Housing (TCH) mortgages totalling $60,447,135, as well as obtaining incremental financing of $94,256,747 (less transaction costs and legal fees);

b.         approve the extension of TCH's mortgage subsidy for 13 identified properties, based on the current monthly mortgage payment, until the end of 2043,

            both on condition that:

i.          the net amount of incremental financing be deposited to a new special reserve other than the State of Good Repair Fund dedicated to the repair or replacement of building components with a useful life of at least 30 years and

ii.         Toronto Community Housing (TCH) report annually, through TCH's Annual Report to Council, on the status and use of funding deposited to such special reserve;

c.         authorize the City Manager or his delegate to execute on behalf of the shareholder an agreement among the City, Toronto Community Housing (TCH) and Infrastructure Ontario providing lender security over City subsidies payable with respect to the mortgaged properties as described in the Term Sheet on terms and conditions satisfactory to the City Manager or such delegate and in a form approved by the City Solicitor.

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

a.         grant Service Manager consent to Toronto Community Housing (TCH) pursuant to section 162(2) of the HSA to mortgage those properties described in Appendix 1 of the Term Sheet that require Service Manager consent to secure the obligations of Toronto Community Housing (TCH) to Infrastructure Ontario described in the Term Sheet; and

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

i.          request all necessary third party waivers, consents or other authorizations which the Service Manager is required to seek in connection with the transactions contemplated by the Term Sheet; and

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

3.         City Council authorize the City Manager to execute and deliver such other notices, consents, authorizations and agreements on behalf of the City a shareholder or Service Manager in order to facilitate the refinancing of the Toronto Community Housing Corporation (TCH) mortgages on the properties described in the Term Sheet, including, without limitation, amendments to the Operating Agreement between the City and Toronto Community Housing Corporation (TCH).

The Executive Committee recommends that:

1.         City Council invite the Chair of the Toronto Police Services Board and the Chief, Toronto Police Services to make a presentation to the Disability Issues Committee on the Toronto Police Services Workplan, with respect to persons with disabilities.

The Audit Committee recommends that:

1.         City Council receive the report (January 22, 2013) from the Auditor General, for information.

The Audit Committee recommends that:

1.         City Council direct the City Manager to conduct a comprehensive review of the City’s Fraud Prevention Policy.  Such a review to incorporate:

a.         the provisions of the Whistle Blower Protection By-law

b.         the protocol for the reporting of fraud

c.         the extension of the Policy to City’s Agencies and Corporations

d.         the extension of the Policy to include the City’s Accountability Officers.

The review and any revisions to the policy be completed by September 30, 2013.

The Audit Committee recommends that:

1.         City Council receive the report (January 21, 2013) from the Auditor General, for information.

The Auditor General’s Work Plan included the development of a system of continuous controls monitoring for selected City expenses.  The objective of the Continuous Controls Monitoring Program is to provide periodic reports to management which assist in proactively monitoring financial transactions, detecting unusual expenses and identifying areas where internal controls could be strengthened.

The Continuous Controls Monitoring Program was initiated in 2011.  Initial expenses selected for the application of continuous controls monitoring were employee overtime and mileage reimbursements.

Since the initiation of this project in 2011, there has been a consistent decrease in overtime and mileage expenses.  Management indicates that City divisions are monitoring overtime and mileage reimbursements on an ongoing basis as part of its initiative to reduce operating budgets.

There has been an overall reduction of $7 million in overtime and staff mileage payments since December 2010.

The Auditor General’s Continuous Controls Monitoring Program was initiated with an intent to expand it to include other operational areas within the City including Agencies and Corporations.  In July 2012, continuous controls monitoring was initiated at the Toronto Transit Commission.  We anticipate that similar reductions in overtime will occur.

While it is not possible to accurately attribute these reduced costs to the Auditor General’s continuous controls monitoring program, it is likely that such costs would not have occurred without the level of scrutiny by the Auditor General’s Office.

 The Audit Committee recommends that:

1.         City Council request the Executive Director, Municipal Licensing and Standards to:

            a.         review and, where appropriate, amend individual and organizational performance objectives particularly those pertaining to emergency complaints

            b.         develop a quality assurance program to ensure that there is an ongoing review of staff’s performance against objectives

            c.         ensure that appropriate action is taken to address performance which does not meet the established standard.

2.         City Council request the Executive Director, Municipal Licensing and Standards to:

            a.         develop and document organizational expectations for recording the progress and closure of investigations

            b.         develop a management oversight process to ensure that policies and procedures and expectations are complied with.  Particular emphasis be placed on the review of all emergency related complaints.  The oversight process include appropriate levels of documentation and evidence of supervisory approval

            c.         develop a process to ensure that investigations are assigned to appropriate staff with particular emphasis on reallocating files from staff who are absent for significant periods of time.

3.         City Council request the Executive Director, Municipal Licensing and Standards to:

            a.         develop and implement a formal training plan for all Municipal Standards Officers

            b.         maintain documentation relating to training received for all Municipal Standards Officers

            c.         training records be reviewed by management on a regular basis to confirm that all Municipal Standards Officers have received an appropriate level of training.

4.         City Council request the Executive Director, Municipal Licensing and Standards to:

            a.         review the ongoing allocation of workload of Municipal Standards Officers with a view to ensuring there is an equal distribution of work load

            b.         consider changing the current hours of work to correspond better with the times when most owners of properties are available

            c.         re-evaluate the requirement for Municipal Standards Officers to physically attend the office at the beginning and end of every shift.

5.         City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the General Manager, Parks, Forestry and Recreation to determine if tree complaints can be addressed more efficiently.

6.         City Council request the Executive Director, Municipal Licensing and Standards to review opportunities to increase the use of standard checklists on remote devices used by Municipal Standards Officers.

7.         City Council request the Executive Director, Municipal Licensing and Standards to resolve the current network connectivity problems pertaining to the remote telecommunication devices.

8.         City Council request the Executive Director, Municipal Licensing and Standards to report back to Council, as outlined in the 2013 budget request, on the results of the pilot project providing corporate vehicles to Municipal Standards Officers.

9.         City Council request the Executive Director, Municipal Licensing and Standards and the Chief Information Officer to enhance the Municipal Licensing and Standards Division billing process for enforcement activities in a manner that ensures such information is readily available to enforcement staff.  Such enhancements to ensure:

a.         billings are done on a timely basis

b.         billings are complete and accurate

c.         billing information is readily available in IBMS

d.         the process is automated to increase efficiencies.

10.       City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to make the necessary changes to the Municipal Code to allow for the waiving of fees where appropriate.

11.       City Council request the Executive Director, Municipal Licensing and Standards to ensure that re-inspection fees are billed to property owners as required by the Municipal Code.

12.       City Council request the Executive Director, Municipal Licensing and Standards to establish adequate policies, procedures to ensure recovery of remedial costs incurred by the City.

13.       City Council request the Deputy City Manager and Chief Financial Officer to clarify with divisional staff the requirement to report all account write-offs to City Council.

The Audit Committee recommends that:

1.         City Council request the Executive Director of Social Development, Finance and Administration to streamline the grant application assessment process prior to its integration into the Corporate Grant Information System.

2.         City Council request the General Manager, Shelter, Support and Housing Administration to open the application process for the City’s Homeless Initiative Fund for all interested community agencies.

3.         City Council request the General Manager of Shelter, Support and Housing Administration to revise the application process for the Homeless Initiatives Fund to ensure agency performance objectives are clear and are subsequently compared to actual performance.

4.         City Council request the City Manager to ensure City staff overseeing grant programs document explanations for unusual financial information.

5.         City Council request the City Manager to ensure checklists for supervisory review of Community Partnership and Investment Program grant allocations are developed and that supervisory reviews are performed in a timely manner.

6.         City Council request the City Manager to ensure all grant assessment forms are relevant, practical and clear.

7.         City Council request the City Manager to train grants staff on the use of updated assessment forms.

8.         City Council request the City Manager to ensure that standard documents developed for the application or assessment of specific grant programs be carefully completed, all outstanding issues are addressed, and files contain explanations for exceptions to established guidelines.

The Audit Committee recommends that:

1.         City Council request the Chief Corporate Officer to review the Parks Levy Appraisal Fee structure to ensure that costs are being reasonably recovered and that fees are revised annually to account for inflationary impacts on costs.

2.         City Council request the Chief Corporate Officer, in the review of the appraisal fee structure, to explore opportunities for enhancing recoveries from applicants in instances where external appraisal costs exceed $6,000.

3.         City Council request the Chief Corporate Officer, in the review of the appraisal fee structure, to consider the recovery of additional appraisal fees from applicants when additional costs are incurred as a result of applicant action/inaction.

4.         City Council request the Chief Corporate Officer to review the adequacy of the reconciliation and monitoring processes over appraisal fee recoveries to ensure that amounts are accurate and that variances are reasonably explained.

5.         City Council request the Deputy City Manager and Chief Financial Officer to ensure that the accounting for the $0.9 million of parks levy payments originating prior to 2009 be resolved as soon as possible.

6.         City Council request the Chief Corporate Officer to document Appraisal Services’ operational policies and procedures, and ensure that any policies regarding the usage of external appraisers is aligned with the City’s Conflict of Interest Policy.

7.         City Council request the Chief Corporate Officer to regularly monitor the targeted completion dates for appraisal requests to ensure that appraisal results are provided in a timely manner consistent with internally established guidelines.

8.         City Council request the Chief Corporate Officer to assess the merits and feasibility of implementing system enhancements to improve the functionality in SAP to better serve management's needs.

The Audit Committee recommends that:

1.         City Council request the Chief Information Officer and the City Clerk to review current data standards and, in consultation with City divisions, develop a plan for implementing uniform data standards across the City.

2.         City Council request the Chief Information Officer and the City Clerk to recommend the data standards to City agencies and corporations for adoption.

The Audit Committee recommends that:

1.            City Council request the Director, Accounting Services to evaluate the feasibility of providing a report to divisions identifying potential discount losses due to a lack of timely resolution of outstanding divisional queries prior to discount expiry dates.

            In addition, Accounting Services should provide accumulated discount lost reports by division to senior management staff on a periodic basis for follow-up action.

2.            City Council request the City Manager to issue instructions to City division heads for timely resolution of outstanding accounts payable queries.

3.            City Council request the Chief Corporate Officer to develop a process to ensure outstanding accounts payable queries are promptly resolved in order to obtain vendor discounts.

4.            City Council request the Director, Accounting Services to ensure vendor credits are reviewed in a timely manner and follow-up action results in actual credit adjustments.

5.            City Council request the Director, Accounting Services to ensure that vendor set-up forms are adequately reviewed and missing information is obtained from respective divisions before finalizing in SAP.

6.            City Council request the Director, Accounting Services to evaluate the feasibility of completing a review of the SAP vendor master database to identify and complete missing vendor information in SAP for active vendors.

7.            City Council request the Director, Accounting Services to evaluate existing vendor accounts and payment monitoring reports with regard to improving reporting efficiency and effectiveness.

8.            City Council request the Director, Purchasing and Materials Management to further enhance divisional purchasing coordination through improved reporting and feedback with City divisions in order to facilitate consolidating purchases.

9.            City Council request the Director, Purchasing and Materials Management, in consultation with the management of City Agencies and Corporations, to review and consider the benefits of consolidating purchases with City Agencies and Corporations.

10.        City Council request the Director, Accounting Services to ensure purchasing compliance reports are provided to respective divisions on a periodic basis and followed-up with non-compliant divisions.

11.         City Council request the Director, Purchasing and Materials Management, in consultation with the City Solicitor, to ensure that a conflict of interest declaration is included in the sole source process including all future sole source contracts.  

            Further, that the Director, Purchasing and Materials Management, in consultation with City division heads and the City Solicitor, as necessary, evaluate whether existing sole source vendors should be contacted to provide a conflict of interest declaration.

12.        City Council request the City Manager to evaluate the feasibility of developing a process for periodically comparing staff and vendor address data to identify potential conflicts of interest.

The Audit Committee recommends that:

1.         City Council receive the report (January 28, 2013) from the Auditor General, for information.

The Auditor General's Office is governed by a detailed Policies and Procedures Manual.  The contents of the Manual are based on the need for the Office to comply with generally accepted government auditing standards.  The Manual is a public document and is available on the Auditor General's Web site and has been used extensively as a best practice by a number of organizations throughout North America.

Included in the Manual is the following statement:

“The staff in the Auditor General's Office will fulfill their mandate and mission in a manner that is consistent with the following values and principles:

-   Audit Reports:  Reports are produced on a timely basis, communicate significant findings and useful information for City Councillors, management and the public.”

The preparation and tabling of audit reports on a timely basis is a requirement of generally accepted government auditing standards.  In this context the Auditor General's Office is particularly aware of the need to issue audit reports on a timely basis.

The purpose of this report is to advise Audit Committee of ongoing delays in producing a report relating to the development of the City’s Financial Planning Analysis and Reporting System commonly known as FPARS.

The Audit Committee recommends that:

1.         City Council request the Toronto Police Services Board to initiate discussions with the Province of Ontario, in order to determine whether or not the Province would consider amending the relevant legislation to accommodate the Vancouver model for Paid Duty, and report back to the Audit Committee.

2.         City Council receive the report (October 11, 2012) from the Chair, Toronto Police Services, for information.

The General Manager, Shelter, Support and Housing Administration gave a presentation to the Community Development and Recreation Committee.

In March 2012, City Council unanimously endorsed Toronto's first workforce development strategy, Working as One: A Workforce Development Strategy for Toronto. The strategy provides a blueprint, in terms of both its vision and approach, for an integrated employment services system in Toronto, as part of an integrated workforce development strategy. Along with Collaborating for Competiveness: A Strategic Plan to Accelerate Economic Growth and Job Creation in Toronto and the Toronto Strong Neighbourhoods Strategy 2020, it is a key component of the City's strategic framework to sustain and advance economic growth, ensure all communities share in the opportunities that are created, and better connect jobseekers and employers.

This report begins with an overview of City work in 2012 to further advance its workforce development strategy by improving services to and outcomes for employers and jobseekers. Next, it provides an update on the implementation of key recommendations contained in Working as One, focusing in particular on a recently completed review of employment services in Toronto and the progress towards a workforce development dashboard.

Finally, with reference to key reports released by the Commission for the Review of Social Assistance in Ontario and the Commission on the Reform of Ontario's Public Services, it highlights the opportunity that now exists to accelerate this progress and build a 'made in Toronto' system that better aligns resources, works towards shared outcomes while better serving local employers and jobseekers and strengthening Toronto's economy. To achieve this, it suggests a new alignment of roles and responsibilities within Toronto's employment services system and proposes a framework to make that happen.

This report responds to City Council's request for information on the number and cost of child care subsidies required to reduce the unemployment rate in Toronto by one (1) percent.

A development agreement with the TD Centre requires the developer to pay $500,000 per year to the City until September 2013 for the purpose of running a design showcase/centre on the site of the former Toronto stock exchange.  These funds are placed in a reserve fund to pay the DX grant, which is revenue neutral to the City.  This report recommends that Council approve the Design Exchange 2013 flow through grant, and request that the DX report back to the Economic Development Committee in six months on its progress in implementing the new DX Strategic Plan and toward achieving self-sufficiency by the end of 2014.

The DX budgeted for a surplus before amortization of $118,386 in 2012, as compared to a surplus of $64,756 in 2011.  But 2012 was a year of transition for the Design Exchange.  With the adoption of a new strategic direction as a design museum and associated expenses, a deficit of $246,647 is projected.  The DX is working to increase revenues, expenses are being controlled and for 2013 the DX is projecting a surplus of $31,602.

With assistance from the City, in 2011 the DX hired Lord Cultural Resources to set a new strategic direction and develop a more sustainable financial and organizational model to assure growth into the future.  A new President was hired as of March 2012.  The new strategic plan is being implemented targeting additional sources of funds, including increased program revenues, and investments from the public and private sectors to offset the expiry of the grant and ensure long-term sustainability of Design Exchange operations.  The City will receive the final payment from the developer in September 2013, for a grant to the DX in 2014.

The recently adopted Economic Development Strategy, Collaborating for Competitiveness, identifies small business growth as one of the core strategies for advancing job growth in the City.  This Report seeks to strengthen the City's programs directed at the incubation component of small business encouragement: better focussed support for the incubation network and approval in principle to help expand the Toronto Food Business Incubator beyond its pilot stage.

The Business Incubation and Commercialization (BIC) program supports small business success through community partners that offer an array of targeted entrepreneurial incubation programs, services, and resources.  These include, among others, private office/ studio space, shared industrial equipment, business advisory/ mentoring services, product development support, market testing, access to capital, and networking opportunities.  The city commissioned a consultant to undertake a review of the BIC Program to improve effectiveness, enhance flexibility, and build capacity for growth.

The Toronto Food Business Incubator (TFBI) currently plays a small but key role in the BIC program, providing entrepreneurs with food production space and business advisory support.  TFBI is now at a critical juncture.  Increasing demand for entry into the program, combined with a need by existing client companies to grow and expand operations, has created a challenge for this pilot incubator.  TFBI must move to larger space to enable long term sustainability or close its doors to a growing number of start-up and early stage food entrepreneurs.  A growth and investment strategy is required to facilitate this move and to ensure business incubation programs and services continue to be provided to accelerate the success of new and emerging food businesses in Toronto - one of the largest production centres in North America.

The Economic Development Committee:

a.         Referred the request to allocate $200,000 from the six million billboard tax to the StreetARToronto (StART) Program in the communication (February 28, 2013) from Councillor Cesar Palacio, to the General Manager, Economic Development and Culture, for consideration in the next round of recommended allocations for arts and culture programs in the City.

b.         Referred the proposals for the creation of a Music Office in the communication (March 5, 2013) from Graham Henderson, President, Music Canada, to the General Manager, Economic Development and Culture, for consideration and report back to the Committee on June 25, 2013.

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 February 13, 2013 have been reviewed and are reported here; BIA Operating Budgets received after this date will be brought forward in later reports. Of the 73 established BIAs, 3 BIA budgets were approved by City Council on November 27-29, 2012 in Report No. 1; 64 BIA budgets are pending City Council approval on February 20-21, 2013 in Report No. 2 and a supplementary report; four BIA budgets are submitted for approval in this report; one BIA has yet to submit an operating budget; and one BIA is inactive.

The recommendations reflect 2013 Operating Budgets approved by the respective BIAs’ Boards of Management and have been reviewed by City staff to ensure BIA budgets reflect City Council’s approved policies and practices.

This supplementary report brings forward the Leslieville Business Improvement Area (BIA) 2013 operating budget, to be considered with the four BIA operating budgets in report No. 3, for approval by Council as required by the City of Toronto Act, 2006.  Council approval is required to permit the City to collect funds through the tax levy on behalf of the BIAs. Of the 74 established BIAs, one BIA has yet to submit an operating budget.

The Leslieville BIA has requested Council consideration of its 2013 Operating Budget at its meeting of April 3-4, 2013 to make it possible for the newly created BIA to receive its first levy instalment by the end of May.  Unlike established BIAs, the newly created Leslieville BIA has no cash reserve to draw upon while awaiting its first levy instalment.

The purpose of this report is to recommend that City Council approve additions and deletions to the Eglinton Way and Oakwood Village Business Improvement Areas (BIA) Boards of Management.

The Government Management Committee recommends that:

1.         City Council adopt the recommendations contained in Confidential Attachment 1 to the report (February 12, 2013) from the City Solicitor and the Treasurer.

2.         City Council direct that Confidential Attachment 1 to the report (February 12, 2013) from the City Solicitor and the Treasurer, including all Appendices, remain confidential as it contains advice and information that is subject to solicitor-client privilege and pertains to litigation or potential litigation.  City Council authorize the public release of all or a portion of the confidential instructions once adopted by City Council at the discretion of the City Solicitor.

3.         City Council authorize and direct the appropriate City staff to take the necessary action to give effect thereto.

The purpose of this report is to obtain City Council authority to negotiate outstanding indemnity provisions with the Province for various Hydro licences including Hydro corridor lands adjacent to 21 Alness Street in Toronto.

The purpose of this report is to provide information on the results of Request for Proposal (RFP) No. 0613-12-0125 for the selection of qualified and experienced food service provider(s) to operate a Year Round Food Service Concession and a Seasonal Food Service Concession located in the newly designed concession building at Nathan Phillips Square.  This report requests authority to enter into separate licence agreements with each of the recommended proponents, Angus Inc. (also referred to in this report as "Hero Certified Burgers") for the Year Round Food Service Concession and Cashew and Clive Catering Corporation (also referred to in this report as "Cashew and Clive") for the Seasonal Food Service Concession, each for a five (5) year term, with the option to extend for two (2) additional successive five (5) year terms, being the highest scoring proponents.

The purpose of this report is to request authority to negotiate a single source contract with CSDC Inc. to purchase the AMANDA Portal II solution consisting of software licences, support and professional services for the enablement of Toronto Building's Electronic Service Delivery (ESD) Program. The solution is an enhancement to the existing CSDC's enterprise business solution known as Integrated Business Management System (IBMS) for Toronto Building to provide an online permit service and many other web based services to the public. The estimated value of this procurement is in the amount not to exceed $1,074,000.00 net of HST (or $1,092,902.00 net of HST recoveries).

The Licensing and Standards Committee  received a presentation from the Executive Director, Municipal Licensing and Standards, on the Review of Adult Entertainment Club Regulations.

The purpose of this report is to amend the Adult Entertainment Club (AEC) regulations under Toronto Municipal Code, Chapter 545, Licensing, Article XXXII. The recommendations proposed will finalize the review of regulations while considering the needs and rights of the entertainers, the general public and the industry as a whole.

The amendments to the by-law include new and revised provisions concerning operators, designated managers, installation and use of cameras and photographic equipment and additional standards with respect to private performance areas.

All AEC owners and operators, the Adult Entertainment Association of Canada (AEAC) and all licensed entertainers were invited to participate in the consultations. Staff also consulted with Toronto Public Health, Legal Services, Toronto Building, the Information & Technology Division, Toronto Fire Services, Toronto Police Services, the Alcohol and Gaming Commission of Ontario and the Ontario Ministry of Labour.

The purpose of this report is to respond to a request from the Licensing and Standards Committee that public notification be given as part of the fence exemption process.  Currently, the process does not provide notice to neighbouring residents within a community affected by a possible fence exemption. To comply with the Committee's request, Municipal Licensing and Standards (ML&S) is recommending the addition of providing public notice to the Toronto Municipal Code Chapter 447, Fences.

The purpose of this report is to address the impact of permitting clothing drop boxes on municipal property, including properties operated by agencies, boards, commissions and corporations (ABCCs) and divisions. It also responds to Council's request for additional information regarding distance requirements between boxes, Councillor objection to an application and a rapid removal process for unpermitted boxes.

In accordance with the Council approved Toronto Municipal Code, Chapter 395 Clothing Drop Boxes, clothing drop boxes are permitted on both private and municipal property if it displays a permit and the surrounding area is maintained free of litter and debris.

Transportation Services, Real Estate Services, Parks Forestry and Recreation (PF&R), Toronto Fire Services (TFS), and Legal Services were consulted in the preparation of this report.

The Planning and Growth Management Committee recommends that:

1.          the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended to add the following conditions to the outdoor patio use in CR Zones:

a.          an Outdoor Patio may not be located on the roof of the building on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2), if it is within 30.0 metres of a dwelling unit.

b.          an Outdoor Patio may not be located on the roof of the building on a lot in a CRE zone, if it is within 30.0 metres of a dwelling unit.

2.         the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended by including in the Definitions the following:

"Wellness Centre - means premises providing services for therapeutic and wellness purposes"

rather than the definition recommended in the report (January 22, 2013) from the Chief Planner and Executive Director, City Planning.

3.         the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended so as to:

a.         Impose a minimum 300 metres minimum separation distance of crematoriums from residential and other sensitive land uses to protect public health;

b.           Remove the requirement of siting crematoriums in cemeteries to allow for competitive expansion of the sector in the public interest; and

c.         Permit crematoriums in designated areas zoned for industrial use and adequately separated from residential zones.

4.         City Council revise the draft City-wide Zoning By-law in accordance with the changes outlined in the reports (January 22, 2013) and (February 26, 2013) from the Chief Planner and Executive Director, City Planning, in accordance with Recommendations 1, 2 and 3, and any changes in accordance with the Transition Protocol set out in the report dated June 4, 2012 from Chief Planner and Executive Director, City Planning.

5.         City Council enact the proposed City-wide Zoning By-law in the form dated November 8, 2012 and subject to the changes recommended in the reports (February 26, 2013) and (January 22, 2013) from the Chief Planner and Executive Director, City Planning, and Recommendations 1, 2 and 3.

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

7.          City Council withhold approvals for new crematoriums until such safeguards have been established in the Zoning By-Law.

8.         City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Medical Officer of Health, the Director of the Toronto Environment Office, the Ministry of the Environment, the Ontario Association of Cemeteries' and Funeral Professionals, to review options for locations where, and conditions for, new crematoriums to be permitted in the City, including incentives for the relocation of existing crematoriums to designated "crematorium zones".

9.         City Council direct that all information contained in the Confidential Attachment 2 of the joint report (February 28, 2013) from the Chief Planner and Executive Director, City Planning and the City Solicitor remain confidential as it relates to litigation and contains advice subject to solicitor-client privilege.

The Planning and Growth Management Committee:

1.         requested the Chief Planner and Executive Director, City Planning to report directly to Council on establishing a cap on the number of dwelling rooms and requiring a rooming house licence for any address with multiple rooms in commercial/residentially zoned areas.

2.         referred the following Motion by Councillor Vaughan to the Chief Planner and Executive Director, City Planning for report directly to Council:

"That the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended by:

1.         Inserting the following regulation 150.50.1(2) pertaining to part-time rental by religious organizations

(2)        Part-Time Place of Worship Use

Notwithstanding anything else in this by-law, any Premises used as a Place of Assembly, Entertainment Place of Assembly, Education Use, Religious Education Use, Community Centre, library, Recreation Use, school regulated under the Education Act, R.S.O. 1990, c.E.2, Post-Secondary School or Apartment Building may also be used as a place of worship provided the place of worship is not the full-time principal use of the premises and, in the case of an apartment building, is located only in amenity space on a part-time basis.

2.         Revising regulation 200.5.1.10(5) to add place of worship to tandem parking permissions

200.5.1.10(5) Tandem Parking Spaces

(5)        Tandem Parking Spaces

A required parking space may not be a tandem parking space, except when it is required for a secondary suite, group home, duplex building or a place of worship provided however that not more than 50% of the required parking spaces for a place of worship can be tandem parking spaces.

3.         Revising regulation 200.5.10.1 regarding "parking rates - general" by inserting new regulation 200.5.10.1 (11)

200.5.10 Parking Rates

200.5.10.1 General

(11)       Place of Worship Parking Rates

For the purpose of calculating parking space requirements for a place of worship, the worship area is the area occupied by permanent or fixed seating in the main area of a place of worship used for expression of worship through religious services, rites or ceremonies or if there is no seating or variable seating, 75% of the main area of a place of worship used for expression of worship through religious services, rites or ceremonies.

4.         Revising regulation 60.10.20.20 (1) (B) to include Place of Worship as a permitted use with conditions

60.10.20.20 Permitted Use - with Conditions

(1)        Use with Conditions - EL Zone

In the EL Zone:

(B)  the following uses are permitted under the letter "o" in the zone label if they comply with the specific conditions associated with the reference number(s) for each use in Clause 60.10.20.100:

Place of Worship (21, 22)

5.         Inserting regulations 60.10.20.100 (21) and 60.10.20.100 (22) pertaining to conditions

60.10.20.100 Conditions

(21)      Place of Worship - Interior Floor Area and Major Street

In the EL Zone, a place of worship:

(A)       may not have an interior floor area that exceeds 5,000 square metres; and

(B)       must be on a lot with a front lot line or side lot line abutting a major street as shown on the Policy Area Overlay Map.

(22) Place of Worship

In the EL Zone, a place of worship must comply with the specific use regulations in Section 150.50."

3.         requested the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on October 22, 2013 reviewing the provisions pertaining to Group Home and Residential Care Home found in the draft City-wide Zoning By-law in order to determine:

a.         Whether a separation distance for group homes is justified on the basis of proper planning principles and considering the Human Rights Code as it applies to persons with disabilities;

b.         Whether there are reasonable alternative approaches to the use of a separation distance between group homes; and

c.         Whether it is appropriate to establish a minimum number of occupants for the purposes of defining a group home.

4.         requested the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards to report to the Planning and Growth Management Committee, on October 22, 2013:

a.         exploring a framework for introducing City-wide zoning regulations for dwelling room accommodation; and

b.         on a process for public consultation.

The Planning and Growth Management Committee held a statutory public meeting on March 6, 2013, and notice was given in accordance with the Planning Act.

The following gave a presentation to the Planning and Growth Management Committee:

- Director, Zoning Bylaw and Environmental Planning, City Planning Division

- Dr. Sandeep Agrawal, Planning Expert

The City Solicitor recommended to City Council that a planning expert be retained to conduct a review of the land use planning and human rights issues related to group homes including the requirement of a separation distance between them, for the purposes of providing advice to City Council.

The report of the planning expert recommends that the definition of group home be amended and that any requirement for a separation distance between group homes be removed as there no suitable justification supported by good land use planning principles.  This report recommends that the Chief Planner and Executive Director, City Planning prepare a report examining the regulations pertaining group homes including justification and appropriateness of a separation distance between group homes. Until such time, the City-wide Zoning By-law will continue to require a 250 metre separation distance.

6.         City Council direct the Director, Affordable Housing Office to convene a Working Group of stakeholders, not-for-profit housing providers and development industry representatives to identify further guidelines for implementation.

This report recommends the adoption of an amendment to the Official Plan to add new Section 37 policies related to affordable housing. The proposed amendment will allow, as a Section 37 community benefit, condominium-registered units to be conveyed to a non-profit housing provider as affordable rental units, and will explicitly authorize affordable ownership housing as an eligible Section 37 community benefit. 

The amendment is one of a number of proposed amendments to the Official Plan that staff will be bringing forward for Council's consideration which will provide a framework for new affordable housing to be created.  Further changes on additional housing policy matters, including a revised definition of “affordable ownership housing”, are proposed to be brought forward later in 2013. 

The proposed policies Council endorsed for consultation on October 2, 3, and 4, 2012 have been modified slightly with the one substantive change being the exclusion of rental replacement units in condominium-registered form as an eligible Section 37 community benefit.

The Planning and Growth Management Committee held a statutory public meeting on February 28, 2013, and notice was given in accordance with the Planning Act. No one addressed the Planning and Growth Management Committee.

This report brings forward proposals to amend the City-wide Community Improvement Plan (CIP) that enables the Imagination Manufacturing Innovation Technology (IMIT) program in order to provide financial incentives for office space in mixed use buildings. Council recently endorsed draft policies targeting sustained office development in Downtown, the Centres and areas near transit stations. Extending the incentives to office space in mixed use buildings may lead to greater interest in providing an office component in these locations. The office sector plays a key role in promoting and sustaining wealth-creating economic growth in the City.

The proposal would have the effect of providing grants to office space in mixed use buildings, provided the space is equivalent in size, location and function to the office buildings that the IMIT program now provides grants for.

7.         City Council direct the Chief Planner and Executive Director, City Planning to work with the Archdiocese and any other interested faith groups to establish a protocol for the listing, designation, alteration and other treatment of heritage places of worship.

This report recommends the adoption of an amendment to the Official Plan to adopt new policies for heritage resources as part of the statutory Five Year Review of the Official Plan.  The proposed policies reflect changes to Provincial legislation and improve heritage resource conservation practices throughout the City.  The proposed amendment also adds policies to the Public Realm section of the Official Plan to provide for the protection of important views to landmark buildings and structures, important natural heritage views and the downtown/financial district skyline.

As a result of consultation undertaken with respect to the proposed policies, the proposed Official Plan heritage policies that were before Council on July 11, 12 and 13, 2012 have been revised.

At its special meeting of October 1, 2012, the Toronto Preservation Board considered the proposed Official Plan Amendment for Heritage and Public Realm policies. At the meeting of the Preservation Board, additional correspondence and deputations were given by participants regarding the proposed policies. The Board asked staff to review deputations and report on any further recommendations. This report provides Planning and Growth Management Committee with staff's comments and recommendations on the submissions.

On October 12, 2012 the Planning and Growth Management Committee held a special public meeting under Section 26 of the Planning Act to consider amendments to the Official Plan heritage and public realm policies as part of the current Official Plan Review.  The proposed policies reflect changes to Provincial legislation and improve heritage conservation practices throughout the City.  The proposed amendment also adds policies to the Public Realm section of the Official Plan to provide for the protection of important views. 

At its’ meeting of October 12, 2012, the Committee heard deputations and adjourned the special public meeting until January 28, 2013 and directed the Chief Planner and Executive Director, City Planning to form a working group and report further to Planning and Growth Management Committee at its January 28, 2013 meeting.  Committee re-commenced and adjourned the matter at this meeting and directed that the matter be further considered at its February 28, 2013 meeting.  This report recommends the adoption of the attached Official Plan Amendment containing new heritage policies and public realm view policies that further amend the policies that were before Committee on October 12, 2012, to reflect the discussions and final recommendation of staff in response to comments received from the working group.

The Public Works and Infrastructure Committee recommends that:

1.         City Council adopt the proposed revisions to Chapter 844, Waste Collection, Residential Properties as found in Appendix A to the report (February 19, 2013) from the General Manager, Solid Waste Management Services.

2.         City Council authorize the General Manager, Solid Waste Management Services, to exempt a person who receives dialysis treatment at a residential property from the applicable fees set out in Schedule 1 of Appendix A of Chapter 441, Fees and Charges with respect to waste generated by such dialysis treatment.

3.         City Council direct the City Solicitor to submit the necessary bills to City Council to implement the above recommendations.

This report requests City Council’s authority for amendments to the Municipal Code Chapter 844, Waste Collection, Residential Properties.  These amendments reflect current Solid Waste Management Services operations, help improve the readability of the Chapter, ensure consistent use of terminology in the Chapter and to clarify the duties and responsibilities of owners, residents and the General Manager under the Chapter.

The Public Works and Infrastructure Committee recommends that:

1.         City Council grant approval to negotiate, enter into and execute a new agreement with The Corporation of the City of Pickering for the ongoing maintenance, repair and construction, and the cost-sharing of such maintenance, repair and construction, of the Pickering Town Line road on terms and conditions generally as set out in this report and on such other terms and conditions satisfactory to the General Manager of Transportation Services and in a form satisfactory to the City Solicitor.

This report requests authority to renew an agreement with The Corporation of the City of Pickering for the ongoing maintenance, repair and construction of the Pickering Town Line road, a 2.75 km north-south collector road extending between Finch Avenue East and Steeles Avenue East.  The agreement identifies cost-sharing and the protocols of co-operation between The Corporation of the City of Pickering and the City of Toronto for the road, which are further detailed in the draft agreement appended to this report. 

This new agreement would replace the old agreement, between both parties, that recently expired on January 1, 2013.  The work-related terms will continue as they were, with the City of Pickering continuing to undertake all works on behalf of both parties. There is only one change in the agreement which is related to the timing of the invoicing sent to the City of Toronto for its share of the work completed by Pickering. This change is meant to better align the expenses with winter and summer maintenance activities.  The annual cost for the ongoing maintenance of Pickering Town Line will be in the range of $3000 to $5000, which will be shared equally by both municipalities.  

The Public Works and Infrastructure Committee recommends that:

1.         City Council forward the report (March 5, 2013) from the Acting Executive Director, Engineering and Construction Services, to the Toronto Transit Commission with the request that the TTC align its capital planning process, including any Transit Project Assessment Process, with the City of Toronto's new Construction Disruption Management Strategies described in this report.

The Public Works and Infrastructure Committee recommends that:

1.         City Council authorize the extension of the agreements with R.V. Anderson Associates Ltd., The Sernas Group Inc., and McCormick Rankin Corporation for Contracted Professional Services related to Design and Construction Supervision of the 2013 and 2014 Transportation Services and Toronto Water Capital Works Programs (respectively, Purchase Order Numbers 6031100 and 6031114 and Open Contract Number 47015285), up to February 28, 2015, under the same terms and conditions of the original agreements.

2.         City Council authorize the Acting Executive Director of Engineering and Construction Services to enter into and execute any required amending agreements to give effect to the extension in Recommendation 1 of the report (March 5, 2013) from the Acting Executive Director, Engineering and Construction Services, and the Director, Purchasing and Materials Management.

The General Manager, Toronto Water, and the City Solicitor recommend that: 

1.         City Council adopt the confidential instructions to staff in Attachment 1 to the report (February 28, 2013), from the General Manager, Toronto Water, and the City Solicitor.

2.         City Council request the General Manager, Toronto Water, to report to the Public Works and Infrastructure Committee in the first quarter of 2014 in regards to status of meeting the Federal Wastewater Systems Effluent Regulations compliance requirements.

3.         City Council authorize the public release of the confidential recommendations in Attachment 1 to the report (February 28, 2013), from the General Manager, Toronto Water, and the City Solicitor, at such time as may be deemed appropriate by the City Solicitor, with the balance of the confidential information in Attachment 1 to remain confidential.

The Public Works and Infrastructure Committee recessed its public session and met in closed session to consider confidential information on this item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and contains solicitor-client privileged advice.

The purpose of this report is to advise Council of Environment Canada’s new Federal Wastewater Systems Effluent Regulations and the impact of the regulations on the operations of Toronto Water’s wastewater treatment plants and combined sewer system. 

Toronto Water has developed an action plan to address the new federal Fisheries Act Wastewater Systems Effluent Regulations.

The Public Works and Infrastructure Committee recommends that:

1.         City Council direct the City Solicitor, at the time Municipal Code Chapter 950 becomes enforceable, to submit a bill to delete Subsection 950-201A from Chapter 950, Traffic and Parking.

2.         Following the repeal of Municipal Code Section 950-201A, City Council direct that the General Manager, Transportation Services, provide recommendations for municipal by-laws necessary to ensure the safe and equitable use of Toronto’s roadways by cyclists and other road users, as part of the by-law review process recommended by the Ontario Chief Coroner’s report on Cycling Deaths.