Agenda

City Council will confirm the Minutes from the regular meeting held on October 8, 9, 10 and 11, 2013, and the special meeting held on October 10, 2013.

The approved application is for a 32-storey residential tower on top of a 4-storey mixed-use base building at 5-7 The Esplanade (now known as 1 The Esplanade).  The approved building will have a height of 112 metres (118 metres to mechanical penthouse) and 271 dwelling units.

Staff are finalizing a report to the September 10, 2013 Toronto and East York Community Council or directly to the October 8 and 9, 2013 City Council meeting recommending that Toronto and East York Community Council remove the requirement from the City Council approved final report for OPA 389 to be in force prior to the introduction of the Bills implementing the approved proposal.  The report will also recommend the removal of the "H" from the approved draft Zoning By-law.

The Executive Committee recommends that:

1.         City Council endorse the Federation of Canadian Municipalities' efforts to work with the Government of Canada to ensure federally-funded social housing programs are maintained and expiring funding from existing agreements is reinvested into social housing.

2.         City Council urge the federal/provincial/territorial governments to expedite the work of the "Working Group on Expiring Social Housing Agreements" with the aim of providing solutions to support the repair and ongoing vitality of social housing.

3.         City Council request the City Manager, as part of the 2014 report on the 10-Year Capital Financing Plan, to report on the progress of the Toronto Community Housing/City "Planning and Development Steering Committee" on the redevelopment and revitalization of Toronto Community Housing sites.

4.         City Council request Toronto Community Housing to report annually to the shareholder beginning in 2014, on the results of the organizational review and the creation of a specialized unit with responsibility for single-family homes.

5.         City Council request Toronto Community Housing to report annually to the shareholder beginning in 2014, on efforts to partner with other organizations to further provide affordable ownership opportunities to Toronto Community Housing residents and qualifying families.

The City Manager made a presentation to the Executive Committee on the Toronto Community Housing Reports:

-           EX35.3 - Putting People First – Moving Forward

-           EX35.4 - A Ten-Year Capital Financing Plan for Toronto Community Housing

-           EX35.5 - Amended and Restated Shareholder Direction to Toronto Community Housing Corporation

The Executive Committee recommends that:

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

a.         approve the Toronto Community Housing Ten-Year Capital Financing Plan (2013-22) as outlined in Appendix A to the report (October 16, 2013) from the City Manager; and

i.          direct Toronto Community Housing to increase its annual allocation from its existing operating budget for capital backlog repairs to $50 million for 2013 and to adjust this amount by the annual Consumer Price Index (CPI) for each year thereafter subject to annual Council budget approval;

ii.         direct Toronto Community Housing to initiate negotiations with potential lenders for the refinancing of Toronto Community Housing mortgages maturing in 2014 and 2015, with the potential to leverage equity, withdrawals of $22 million and $36 million respectively, to address the capital repair backlog and seek approval from Council for any proposed mortgage refinancing terms negotiated;

iii.        direct Toronto Community Housing to increase its annual capital repair backlog expenditures from $50 million in 2013 to in excess of $300 million annually by 2018 subject to annual Council budget approval and receipt of necessary federal and provincial funding;

iv.        direct Toronto Community Housing to allocate any unspent annual capital repair funding into a State of Good Repair Reserve Fund which is restricted to fund future capital repair backlog expenditures;

b.         direct Toronto Community Housing to report annually, through the Toronto Community Housing Annual Report to Council, with an updated Ten-Year Capital Financing Plan as of December 31st of the prior year that includes:

i.          total amount of capital backlog repair expenditures from the prior year;

ii.         outstanding capital repair needs carried forward from the prior year;

iii.        reductions to the capital repair backlog due to the sale of assets and/or revitalization;

iv.        balance of the capital repair backlog reserve fund;

v.         changes in estimates for current and future capital repair requirements;

vi.        changes in estimates for current and future capital repair funding.

2.         City Council request the Province of Ontario and the Government of Canada to continue to fund the City Toronto for social housing at current levels and to provide additional funding in the amount of $864 million each, representing an equal one-third share of the $2.6 billion in new ten-year Toronto Community Housing capital requirements (2016 through 2022) as detailed in Appendix A to the report (October 16, 2013) from the City Manager.

3.         City Council authorize the City Manager to allocate $10 million in total, $5 million in each of 2013 and 2014, to Toronto Community Housing from the City of Toronto's Development Charge Reserve Fund for Subsidized Housing to replace equity that Toronto Community Housing has previously used in new construction that supported growth through an increase in affordable housing units and require Toronto Community Housing to direct funds received to address the capital repair backlog.

4.         City Council request the Deputy City Manager and Chief Financial Officer, in consultation with the General Manager, Shelter, Support and Housing Administration, and the Chief Executive Officer, Toronto Community Housing Corporation, to report to the Executive Committee on how insurance companies operate in terms of coverage of repair issues, including mould, in the view of reducing Capital repair backlog pressures.

The Executive Committee requested the City Manager, in consultation with the Toronto Community Housing Corporation (TCHC), to provide a report directly to the November 13 and 14, 2013 meeting of City Council with a list of current TCHC mortgages, their terms, interest rates and annual cost to TCHC and the City.

The City Manager made a presentation to the Executive Committee on the Toronto Community Housing Reports:

-           EX35.3 - Putting People First – Moving Forward

-           EX35.4 - A Ten-Year Capital Financing Plan for Toronto Community Housing

-           EX35.5 - Amended and Restated Shareholder Direction to Toronto Community Housing Corporation

The Executive Committee recommends that:

1.         City Council approve the Amended and Restated Shareholder Direction to Toronto Community Housing Corporation set out in Attachment 1 to the report (October 17, 2013) from the City Manager.

2.         City Council request that the Board of Directors of Toronto Community Housing Corporation amend its By-law No. 2 to bring it into conformity with the Amended and Restated Shareholder Direction to Toronto Community Housing Corporation and submit the amended By-law to City Council for approval.

3.         City Council direct the General Manager, Shelter, Support and Housing Administration to update the City’s Operating Agreement with Toronto Community Housing Corporation to bring it into conformity with the Amended and Restated Shareholder Direction.

This report recommends that Council authorize execution of the Municipal Contribution Agreement (MCA) between the Ontario Lottery and Gaming Corporation (OLG) and the City of Toronto for the purpose of allowing the City to continue to receive from the OLG a share of the gaming revenue for the gaming site located at Woodbine Racetrack, retroactive to April 1, 2013.  The MCA supersedes the previous agreement dated November 3, 2000.

By way of a letter to the City Manager dated October 17, 2013, OLG acknowledged that it would ensure that private sector service providers, currently being selected in a competitive procurement process to run the day-to-day operations of the gaming sites, would be required to follow Council's resolution of May 21, 2013, and not be permitted to add live table games to OLG Slots at Woodbine. If Toronto City Council chooses to enter into the new MCA, that decision will not alter Council's position on expansion of the Woodbine site, nor, as confirmed in the letter, affect OLG's instructions to service providers that live table games are not permitted at Woodbine.

City Council approval of the new MCA is required in order to preserve and continue the existing slots revenue sharing. 

The Executive Committee recommends that:

1.         City Council consider the recommendations in the report (October 15, 2013) from the General Manager, Transportation Services.

2.         City Council authorize the public release of the recommendations contained in the Confidential Attachment once adopted by Council, and that the balance of the Confidential Attachment to the report (October 15, 2013) from the General Manager, Transportation Services, remain confidential as it contains information which pertains to the security of the property of the City and its local boards.

The Executive Committee recommends that:

1.         City Council approve the 2014 Interim Operating Estimates totalling $2.780 billion as detailed by City Program and Agency in Appendix 1 to the report (October 16, 2013) from the Deputy City Manager and Chief Financial Officer.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to make net disbursement of $2.385 billion to tax and rate supported programs during the period January 1 to March 31, 2014, including cash transfer of $422.595 million to Agencies as detailed in Appendix 1 to the report (October 16, 2013) from the Deputy City Manager and Chief Financial Officer.

3.         City Council approve the 2014 Interim Capital Estimates totalling $333.692 million in gross expenditures and debt financing of $132.528 million as detailed by City Program and Agency in Appendix 2 to the report (October 16, 2013) from the Deputy City Manager and Chief Financial Officer.

4.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

The Executive Committee recommends that:

1.         City Council direct that the 2014 interim levy for all property classes be based on 50 per cent of the total 2013 taxes billed for each property, adjusted, as necessary, to reflect any additional taxes added to the previous year's taxes as a result of assessment added to the tax roll.

2.         City Council direct that the 2014 interim levy by-law provide that the interim levy will apply to assessments added to the tax roll for 2013 that were not on the assessment roll when the by-law was passed.

3.         City Council direct that the Interim Bill payment due dates for property tax accounts paid on the eleven (11) instalment pre-authorized tax payment plan be: February 18, March 17, April 15, May 15, and June 16, 2014.

4.         City Council direct that the Interim Bill payment due date for the two (2) instalment pre-authorized tax payment plan be March 3, 2014.

5.         City Council direct that the Interim Bill payment due dates for all other property tax accounts on the regular instalment option or on the six (6) instalment pre-authorized tax payment plan be: March 3, April 1, and May 1, 2014.

6.         City Council provide authority for:

a.         the collection of interim taxes;

b.         imposing a penalty charge for non-payment of interim taxes at a rate of 1.25 per cent of taxes due and unpaid and the addition of such charges on the first day of default; and

c.         imposing an interest charge on all outstanding taxes accruing from the first day of default at a rate of 1.25 per cent per month.

7.         City Council grant authority for the introduction of the necessary bill in Council on November 13 and 14, 2013, providing for the levying and collection of the 2014 interim taxes prior to the adoption of the estimates for 2014, which by-law, when enacted, will be effective as of January 1, 2014.

The Executive Committee recommends that:

1.         City Council authorize staff to pursue further discussions with Hines and Tridel with the goal of determining the feasibility of proceeding with the pilot project and working with all parties to finalize a definitive proposal for Council's consideration, in accordance with the terms of the Land Development Agreement between the City and Hines Canada Management Company II ULC dated June 28, 2012.

2.         City Council approve in principle capital funding of $15 million for the construction of approximately 71 affordable rental homes with total costs estimated at $22.5 million in the Bayside Development which includes $7.5 million in equity and mortgage financing from a non-profit owner operator.

3.         City Council request the Director, Affordable Housing Office, to report to Council in 2014 prior to the deadline established in the Land Development Agreement between the City and Hines, dated June 28, 2012, as amended,  recommending a course(s) of action with respect to the definitive proposal submitted by Hines/Tridel, including recommendations with respect to:

a.         proceeding with the pilot project (based on negotiations with Hines and/or Tridel and an independent financial review to verify the reasonableness of proposed costs, to review the design to identify possible cost reductions and to engage in other due diligence activities and actions as the Director deems necessary);

b.         confirming the availability of funding from the federal/provincial Investment in Affordable Housing program 2014-2019 and/or any funds required from the Capital Revolving Reserve Fund for Affordable Housing (XR 1058) and the Development Charges Reserve Fund for Subsidized Housing (XR 2116);

c.         obtaining approval to negotiate and enter into an agreement of purchase and sale with Hines/Tridel or such other agreement(s) deemed necessary for the completion of the pilot project;

d.         retaining the services of professionals such as architects, project managers, and/or quantity surveyors, as required to oversee the completion of the project;

e.         confirming the selection of a non-profit owner and/or operator; and

f.          such other actions that are deemed necessary to complete the transaction as contemplated by the report.

The Executive Committee recessed its public session to meet in closed session to consider this item as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.

The purpose of this report is to obtain authority to acquire the property known as 248-250 Dufferin Street, consisting of approximately 2,233 square meters or 0.552 acres, (the "Property") from the Salvation Army for the purpose of expanding Dufferin King Park.

The Executive Committee recommends that:

1.         City Council request the Toronto Police Services Board to submit quarterly variance reports for the Toronto Police Service directly to the Budget Committee and the Deputy City Manager and Chief Financial Officer, and to submit monthly variance reports only to the Deputy City Manager and Chief Financial Officer, for information and appropriate action.

The purpose of this report is to seek approval for capital budget adjustments for a 2013 in-year capital budget transfer of $750,000 gross and debt from the Virtual Branch project to the Toronto Reference Library project.

The purpose of this report is to seek City Council authority to amend the 2013 Emergency Medical Services Approved Capital Budget to create a new capital sub‑project for land purchase in the amount of $3.950 million. This adjustment will utilize funds from the Land Acquisition Reserve Fund (LARF) and will result in zero impact on City debt funding levels.

The land purchase sub-project will be utilized for the construction of a multi-function station capital project that was approved by City Council in 2013 at the 170 Plewes Road site, this site is no longer available due to other portfolio efficiency initiatives.

The Executive Committee recommends that:

1.         City Council approve, effective January 1, 2014, the continuation of the performance review levels, target allocations and revised performance financial rewards for the non-union compensation policy and performance management program as recommended within the report (October 4, 2013) from the City Manager and the Executive Director, Human Resources, as amended, and summarized in Table 1 below:

Table 1: Performance Review Levels, Target Allocations and Financial Rewards

2.         City Council approve, effective January 1, 2014, implementation of adjustments to the salary ranges, for grades 1 to 11, by reducing the width of the salary ranges below the salary range maximums from 24% to 17.5%; and for grades 12 to 16, by reducing the width of the salary ranges below the salary range maximums from 15% to 12.5%, as recommended within this report.

3.         City Council approve, effective January 2014, the continuation of the merit performance-based re-earnable lump sum component of the non-union compensation policy and performance management program for employees who are at the top of their salary range.

4.         City Council authorize the appropriate City officials to take the necessary action to give effect to the foregoing recommendations.

The Executive Committee recommends that:

1.         City Council approve the amendments to the Agreement with Allstream detailed in the report (October 15, 2013) from the Chief Executive Officer, Exhibition Place, and Confidential Attachment 1, and such other terms and conditions satisfactory to the Exhibition Place Chief Executive Officer and City Solicitor.

2.         City Council direct that Confidential Attachment 1 to the report (October 15, 2013) from the Chief Executive Officer, Exhibition Place, remain confidential in its entirety and not be released publicly in order to protect the competitive position, future economic and legal interests of the Board of Governors of Exhibition Place (“the Board”).

3.         City Council request the Board of Governors of Exhibition Place, consistent with the terms of the Agreement, to explore new naming sponsorship opportunities for the Automotive Building, and report back to the Executive Committee on their progress no later than October 2015.

The Audit Committee recommends that:

1.         City Council request the City Manager develop a process to communicate to Division heads and management of Agencies and Corporations, recommendations made by the Auditor General which are specific to individual Divisions, Agencies and Corporations but which generally have applicability to other entities throughout the City. 

2.         City Council request the City Manager communicate recommendations outlined in Appendix 1 to the report (September 10, 2013) from the Auditor General, to those Division heads and management of Agencies and Corporations to which the recommendations generally have applicability.

The Audit Committee recommends that:

1.         City Council request the Chief Corporate Officer, in consultation with the General Manager, Transportation Services, to review the City’s street sweeping performance measurement processes and where applicable develop appropriate measures.  Such a process be developed in order to measure the ongoing effectiveness of the City’s street sweeping services, as well as identify areas which require attention.  Areas which should be addressed would include, but not limited to, air quality, tonnage of debris collected and equipment downtime.  Such an evaluation be reported to City Council as required in 2006.

2.         City Council request the Chief Corporate Officer to review and evaluate the current management information system to ensure it is meeting the needs of all staff but in particular senior management.

3.         City Council request the Chief Corporate Officer to review the use of aftermarket parts in the maintenance and repair of all equipment, particularly street sweepers.  Such a review include an analysis of original savings, frequency of parts replacement, quality, comparisons of maintenance costs, and warranty considerations.

4.         City Council request the Chief Corporate Officer to review the current scheduling process for the preventative maintenance of all equipment particularly the street sweepers.  Wherever possible all maintenance be conducted in accordance with the manufacturer’s specifications.

5.         City Council request the General Manager, Transportation Services, to ensure that all daily maintenance required to be completed by each operator is completed.  Evidence of such maintenance be required.  If necessary an appropriate level of training be provided.

6.         City Council request the Chief Corporate Officer to review the process and criteria for selection of vendors contracted to ensure repairs are completed by vendors with the necessary expertise.  

7.         City Council request the Chief Corporate Officer, in consultation with the General Manager, Transportation Services, to review the current processes for the redeployment of underutilized vehicles.  Such a process ensure the allocation of underutilized equipment to higher volume locations throughout the City.

8.         City Council request the Chief Corporate Officer to review the training program at Fleet Services Division to ensure adequate training is provided to mechanics.

9.         City Council request the Chief Corporate Officer to review all fleet related reports issued by the Auditor General’s Office in order to ensure that recommendations continue to be effectively implemented.

The Audit Committee recommends that:

1.         City Council request the General Manager, Transportation Services, to ensure that inspectors are provided guidelines and training on appropriate measuring practices.

2.            City Council request the General Manager, Transportation Services, to ensure that cost sheets completed by inspectors include all measurements and appropriate notations to allow for an accurate determination of work done.      

3.            City Council request the General Manager, Transportation Services, to give consideration to recovering overpayments made to various contractors.

4.            City Council request the General Manager, Transportation Services, to assess whether the measuring wheels currently in use meet the standard for quality, accuracy and dependability required by the division and take corrective action as required.

5.            City Council request the General Manager, Transportation Services, to ensure that inspectors maintain comprehensive and accurate measurements and records in their field books for all work done.

6.            City Council request the General Manager, Transportation Services, to ensure that inspectors check that work order numbers have been coded correctly on cost sheets and that supervisors randomly spot check work order numbers when approving cost sheets.  Evidence of any review should be documented.

The Auditor General’s Work Plan included an operational review of Toronto Fire Services.  Specifically, the objective of this audit was to review training activities at Toronto Fire Services in order to identify opportunities for improving the management, administration and effectiveness of firefighter training and recruitment programs.

The review identified a number of issues that highlight the need for a multi-year strategic plan to help guide Toronto Fire Services in managing training and recruitment resources more effectively and efficiently, while meeting its financial, operational, and legal obligations.  Opportunities for improvement include the following:

-         Developing a multi-year strategic plan for training.

-         Evaluating performance through the development of key performance indicators.

-         Enhancing operational efficiencies in training programs to reduce opportunity costs.

-         Improving compliance with training requirements, policies and procedures.

-         Improving training records management and functionality of the electronic learning management system.

This report contains 32 recommendations along with a management response to each of the recommendations.  The implementation of these recommendations has the potential to improve the overall administration and effectiveness of firefighter training and recruitment processes at Toronto Fire Services.

Although recommendations in this report focus on improving administration and effectiveness over firefighter training and recruitment, certain recommendations included in this report may be relevant to the City’s Agencies and Corporations and should be reviewed, evaluated and implemented as deemed appropriate.

The Audit Committee recommends that:

1.         City Council request the General Manager of Employment and Social Services to review the performance outcome criteria specified in contracts with providers of employment services, with a view to ensuring they are realistic, measurable and achievable.

2.         City Council request the General Manager of Employment and Social Services to conduct thorough reviews of agencies not meeting performance outcomes in order to develop adequate Action Plans to improve future outcomes.  For agencies consistently unable to meet performance outcomes, consideration be given to seeking alternate methods or providers for the service.

3.         City Council request the General Manager of Employment and Social Services to conduct an independent evaluation of the Division’s employment assistance programs and report back on their effectiveness in assisting participants to sustain long term employment.

4.         City Council request the General Manager of Employment and Social Services to review the referral process in order to improve the acceptance rate of participants into employment assistance activities.  At a minimum, pre-screening tools provided by agencies should be used by Employment and Social Services caseworkers.

5.         City Council request the General Manager of Employment and Social Services to ensure client service plans are updated on a timely basis for employment assistance activities and status changes.

6.         City Council request the General Manager of Employment and Social Services to explore the opportunity to automate updates on employment assistance activities within the new provincial information system to be implemented for the Ontario Works program.

7.         City Council request the General Manager of Employment and Social Services to explore how Toronto Employment and Social Services can efficiently analyze annual financial statements submitted by agencies.

8.         City Council request the General Manager of Employment and Social Services to revise administrative controls to ensure payments for funeral services are properly authorized and in compliance with legislation and corporate policies.

The Audit Committee recommends that:

1.         City Council request the Chief and General Manager, Emergency Medical Services, to develop a process for timely review and adjustment of outstanding payroll variances.  The process should be documented and communicated to respective staff.  Further, documentation should be updated to include staff responsibilities and time lines to ensure required pay variance adjustments are performed on a timely basis.

2.         City Council request the Chief and General Manager, Emergency Medical Services, to develop an action plan with timelines to expedite the implementation of the Internal Audit report recommendation to review and adjust existing accumulated pay variances.  

3.         City Council request the Chief and General Manager, Emergency Medical Services, to develop a process to ensure divisional consistency in attendance management procedures.  Attendance records including overtime and time off requests should be adequately supported with documentation reflecting supervisory review and approval, and maintained in accordance with legislated record retention requirements.

4.         City Council request the Chief and General Manager, Emergency Medical Services, to develop a process for periodic analysis and reporting of staff overtime and absenteeism. 

5.         City Council request the Chief and General Manager, Emergency Medical Services, to review scheduling staff turnover and develop policies and guidelines to retain experienced schedulers.  Where and if appropriate, new schedulers should be selected based on their ability to perform on a long term basis.

6.         City Council request the Chief and General Manager, Emergency Medical Services, to develop a process for periodic review and reporting of shift exchanges, particularly staff with a high shift exchange frequency. 

7.         City Council request the Chief and General Manager, Emergency Medical Services, to expand monitoring processes to new paramedic schedules in relation to emergency service call volume patterns and make scheduling modifications as needed.

8.         City Council request the Chief and General Manager, Emergency Medical Services, to develop a process for periodic review of information technology user access to ensure system access aligns with related job duties.  

9.         City Council request the Chief and General Manager, Emergency Medical Services, to evaluate whether transactions entered using shared IDs or by system users not authorized to enter transactions identified during the audit require further analysis to determine if transactions were valid and properly authorized.  Reports should be developed to identify such transactions on an ongoing basis for review and action.

10.       City Council request the Chief and General Manager, Emergency Medical Services, to communicate information technology policies and procedures relating to user ID and password confidentiality.  In addition, the practice of using generic or shared IDs should be discontinued.  Valid users should have a unique information technology user ID.

11.       City Council request the Chief and General Manager, Emergency Medical Services, to develop a process to log user access changes with respective effective dates.

12.       City Council request the Chief and General Manager, Emergency Medical Services, to upgrade the history log in the scheduling module to track deletions and changes by user ID, date and time.

The Audit Committee recommends that:

1.         City Council receive the report (October 15, 2013) from the Deputy City Manager and Chief Financial Officer for information.

The Audit Committee recommends that:

1.         City Council approve the 2012 audited financial statements and management letters of the 28 Business Improvement Areas attached as Appendices A to AC of the report (October 16, 2013) from the Treasurer and the Acting Director, Business Services, Economic Development and Culture.

The purpose of this report is to present the 2012 audited financial statements and management letters of 28 Business Improvement Areas (BIAs) to Audit Committee and City Council for approval.

In October 2012, Toronto Public Health (TPH) reported to the Board of Health (BOH) on opportunities to strengthen protection from second-hand smoke in outdoor public places. The Board of Health requested the Medical Officer of Health to consult with key stakeholders on additional measures to reduce second-hand smoke exposure in outdoor public places, and to report back in 2013. Toronto Public Health has consulted with bar and restaurant owners, property managers, the hospital sector, sports groups, health and community-based organizations, universities, colleges and students, members of the public and relevant City divisions, on regulatory options to improve protection from second-hand smoke and to decrease the visibility of smoking in public places.

Based on the consultation findings, review of actions in other jurisdictions, health evidence on outdoor tobacco smoke exposure, the importance of smoke-free role models for children and youth, and public opinion data, this report recommends the Board of Health support making the following outdoor spaces smoke-free: public building entrances and exits, sports fields, specific amenities in parks, swimming beaches, public squares, bar and restaurant patios and hospital grounds. This report identifies ways to make these areas smoke-free either now or in the near future.

Specifically, this report proposes changes to the Municipal Code, Chapter 709 Smoking, to prohibit smoking within nine metres of entrances and exits to public buildings. Toronto Public Health is also recommending that the outdated provisions in the Municipal Code Chapter 709, Smoking be repealed.

A joint report with the General Manager of Parks, Forestry and Recreation recommending changes to the Municipal Code, Chapter 608, Parks, to make sports fields and specific park amenities smoke-free will be considered by the Parks and Environment committee on October 23, 2013.

This report also recommends that the Ontario Ministry of Health and Long-Term Care (MOHLTC) amend the Smoke Free Ontario Act (SFOA) to extend the current prohibition on smoking within nine metres of hospital entrances and exits to prohibit smoking on all hospital grounds in Toronto.

Opportunities for strengthening protection from second-hand smoke outdoors, including on bar and restaurant patios, are described in the report and will be the subject of future recommendations.

This report has been prepared in consultation with the City Solicitor, City Manager's Office, Executive Director of Municipal Licensing and Standards Division and General Manager of Parks, Forestry and Recreation Division.

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about identifiable individuals being considered for appointment to the Hummingbird (Sony) Centre for the Performing Arts Board of Directors.

The Civic Appointments Committee will interview candidates for appointment to the Hummingbird (Sony) Centre for the Performing Arts Board of Directors.

(The Interview Schedule will be forwarded under separate confidential cover to Members of the Civic Appointments Committee and relevant officials only.  Copies of confidential applications and the confidential qualifications and diversity summary provided by the City Manager were previously distributed under confidential cover to the Members of the Civic Appointments Committee.)

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about identifiable individuals being considered as alternates for the St. Lawrence Centre for the Arts Board of Management.

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about an identifiable individual being considered for appointment to the Board of Health.

Ms. Kristle Calisto-Tavares has submitted a communication (September 17, 2013) advising that she has resigned from the Board of Health.

The Civic Appointments Committee recommends that:

1.         City Council appoint the alternate listed in Confidential Attachment 1 to the Heritage Toronto Board of Directors, at the pleasure of Council, for a term of office ending on November 30, 2014, and until a successor is appointed.

2.         City Council authorize the City Clerk to make the appointee's name public once appointed by Council and the appointee has been notified.

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about an identifiable individual being considered for appointment to the Heritage Toronto Board of Directors.

The Civic Appointments Committee recommends that:

1.         City Council appoint the alternate listed in Confidential Attachment 1 to the Toronto Licensing Tribunal, at the pleasure of Council, for a term of office ending on November 30, 2014, and until a successor is appointed.

2.         City Council authorize the City Clerk to make the appointee's name public once appointed by Council and the appointee has been notified.

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about an identifiable individual being considered for appointment to the Toronto Licensing Tribunal.

Ms. Diane Hall has submitted a communication (July 15, 2013) advising that she has resigned from the Toronto Licensing Tribunal.

The Civic Appointments Committee recommends that:

1.         City Council appoint the alternate listed in Confidential Attachment 1 to the Yonge-Dundas Square Board of Management, at the pleasure of Council, for a term of office ending on November 30, 2014, and until a successor is appointed.

2.         City Council authorize the City Clerk to make the appointee's name public once appointed by Council and the appointee has been notified.

The Civic Appointments Committee recessed its public session and met in closed session on October 28, 2013, to consider confidential information on this Item related to personal matters about an identifiable individual being considered for appointment to the Yonge-Dundas Square Board of Management.

Mr. Leigh Lampert has submitted a communication (July 19, 2013) advising that he has resigned from the Yonge-Dundas Square Board of Management.

City Council adopted Parks, Forestry and Recreation's 2013-2017 Recreation Service Plan in November 2012.  The Plan will guide the City of Toronto's planning and delivery of recreation programs and services over the next five years.  An Implementation Plan was approved in July 2013.

This report responds to several City Council directions to Parks, Forestry and Recreation related to user fees: a review of user fees; the extent to which user fees are a barrier to participation; the health and social benefits of recreation; the financial impact of extending universal access to all recreation programming; and the financial implications of eliminating leisure swimming fees for children and youth in 2014.

This report aligns with the 2013-2017 Recreation Service Plan and is consistent with the  Corporate User Fee Policy approved in 2011 that ensures consistency in establishing and administering the City's user fee program.  Parks, Forestry and Recreation will be reporting to City Council in late 2015 with a formal user fee review of all recreation programs and services as required by the policy.

City Council adopted Parks, Forestry and Recreation's 2013-2017 Recreation Service Plan in November 2012.  The Plan will guide City of Toronto's planning and delivery of recreation programs and services over the next five years.  An Implementation Plan was approved in July 2013.

This report responds to the direction to review Welcome Policy usage under the new credit-based system.  The review showed that the Welcome Policy conversion was successful in substantially increasing the number of Welcome Policy recipients and registrations.  Approximately 15,000 additional low-income residents have accessed the Welcome Policy since the conversion in September 2012.  This report recommends that the Welcome Policy individual annual credit for children, youth, adults and seniors be indexed to match inflationary and market-based increases approved for recreation user fees.

This report was informed by an extensive engagement process during the fall of 2013 that included input from more than 500 active Welcome Policy users, other recreation users and community providers.  Input was received through an online survey, in-person and phone surveys, and focus groups.

Since 2004, the provincial government has provided funding for a Rent Bank Program in Toronto to provide interest-free loans to low income tenants at risk of eviction. Starting in 2013, the Provincial Community Homelessness Prevention Initiative (CHPI) replaced five existing homeless services funding programs: Consolidated Homelessness Prevention Program (CHPP), Emergency Hostels, Emergency Energy Fund, Domiciliary Hostels (none operating in Toronto) and the Rent Bank Program.  CHPI is funded by the Ministry of Municipal Affairs and Housing (MMAH).

Council directed that 2013 was a transitional year for the new CHPI Program.  The Toronto Rent Bank Program continued to operate throughout 2013 within the same funding and operating parameters which were outlined in the 2009 Rent Bank Agreement between MMAH and the City of Toronto, and the Local Rules approved by Council on October 26 and 27, 2009.  However, beginning in 2014, these parameters, known as the Provincial and Local Rules, will no longer be in effect.  In their place, new guidelines have been developed to assist low income tenants at risk of eviction.

This report recommends that Council authorize the General Manager, Shelter, Support and Housing Administration to enter into, amend and administer agreements with respect to the Toronto Rent Bank Program.  It also outlines new guidelines for operating the program which are in keeping with the mandate of the program to provide interest-free loans to low income tenants and includes a new pilot program to address the unique needs of tenants at risk of becoming homeless. 

The Community Development and Recreation Committee requested that the General Manager, Shelter, Support and Housing Administration meet with community partners before the November 13, 2013 Council meeting to resolve outstanding issues, and report directly to Council if any amendments are necessary.

This report requests approval from Council to amend existing Community Homelessness Prevention Initiatives (CHPI) and Homeless Initiatives Fund (HIF) funding agreements and approve grants to community agencies in 2014 to assist people to find and keep housing and increase housing stability.

The federal government has approved the extension of the Homelessness Partnering Strategy (HPS) for five years from April 1, 2014 to March 31, 2019.  This report seeks authorization for the General Manager, Shelter Support and Housing Administration (SSHA) to enter into and administer the new agreement with the federal government. 

The Auditor General's 2012 annual Work Plan included a review of the Community Partnership and Investment Program (CPIP) which included the HIF program. On April 3, 2013, City Council approved the Auditor General's recommendations, including opening the HIF application process to all interested community agencies.  Consistent with this recommendation, SSHA has prepared a Request for Proposals (RFP) for 2014 for all HIF funding, as well as for a portion of the CHPI and HPS funding.

The Street Needs Assessment (SNA) and consultations with service providers, service users, other stakeholders and the general public have helped to inform the requirements of the RFP.

Given that the federal and provincial fiscal years are from April 1 to March 31, SSHA will be aligning the funding term for all CHPI and HIF funded projects to coincide with this funding term. This will allow for increased streamlining of service delivery and help improve service integration. In order to align services to an April 1 date, CHPI and HIF projects, currently funded on an annual basis, need to be extended for three months from January 1, 2014 to March 31, 2014.

This report makes recommendations for $16,442,793 of the 2014 provincial CHPI grant and $2,659,291 of City HIF funds for community grants.   In addition, this report makes recommendations for $4,068,263 for 3 months of 2015 CHPI funds and $664,823 for 3 months of HIF funds.  In total for the 2014 and 2015 budgets, $20,511,056 from CHPI and $3,324,114 from HIF is recommended.

This report also provides recommendations on up to $17,296,389 of the federal 2014 and 2015 HPS which includes: up to $12,972,292 in 2014 HPS; and up to $4,324,097 in 2015 HPS, for community grants which requires Council approval to be allocated. 

All recommendations for funding in 2014 and 2015 are subject to funds being available through the approved 2014 and 2015 City Operating Budgets.

The Economic Development Committee recommends that:

1.         City Council approve the Imagination, Manufacturing, Innovation and Technology Program application submitted by Oxford Properties Group Inc. for a new office development at 100 Adelaide Street West.

2.         City Council authorize the General Manager of Economic Development and Culture to negotiate and execute a Financial Incentive Agreement in a form satisfactory to the City Solicitor.

This report recommends approval of an application to the Imagination, Manufacturing, Innovation and Technology (IMIT) Financial Incentive Program submitted by Oxford Properties Group Inc for a new office building to be constructed at 100 Adelaide Street West. Council approval is required for IMIT projects with a construction value greater than $150 million. This project has an estimated construction value of $270 million and meets all eligibility criteria of the IMIT program.

The Economic Development Committee recommends that:

1.         City Council approve entering into a loan agreement with Cosprop Ltd. to bring up to 21 "Downton Abbey" costumes to Toronto to be exhibited at Spadina Museum in spring 2014.

2.         City Council delegate signing authority to the General Manager of Economic Development and Culture for all matters relating to this loan.

This report recommends that City Council approve entering into a loan agreement with Cosprop Ltd. to exhibit up to 21 period costumes created for the UK television series "Downton Abbey" in Toronto. If approved, the costumes will be exhibited at Spadina Museum in spring 2014 as an extension of that site's programming related to "Downton Abbey."

Council approval is required because the insured value of the proposed loan ($140,000.00) is in excess of the General Manager of Economic Development and Culture's delegated approval authority for cultural transactions of up to a value of $100,000.00.

The purpose of this report is to obtain Council's authority to enter into a lease extension agreement with Canadian Pacific Railway Company ("CP Rail") for approximately 6,000 square feet of land located immediately west of 125 Nashdene Road and abutting East Highland Creek.

This report seeks authority to extend an existing agreement with the University of Toronto (the "University") regarding voluntary payments to be made by the University on its revenue-producing properties, substantially on the same terms as the previous agreement approved by Council in 2005.

The purpose of this report is to provide a status update on the future enhancements and applications of the City Services Benefit Card (CSBC) both for Employment and Social Services Division (TESS) and potentially for other Divisions within the City, including engaging other municipalities to discuss potential rollout of the payment card initiative to other Ontario Works service providers across Ontario.

Further, the report provides details of a TESS initiative to plan, develop and implement a Drug Benefit Card program as a new phase of the CSBC.  TESS seeks to replace the current paper Drug Benefit Eligibility Card which is produced and issued monthly to all Ontario Works (OW) clients under the Provincial OW legislation, with a permanent plastic Drug Benefit Card and an online web portal / interface to support the querying of OW clients' eligibility by drug dispensers / pharmacists. 

The development and implementation of this card will enhance the client experience with accessing drug benefits under the Ontario Drug Benefit Program and will also streamline administrative processes at TESS offices, resulting in cost savings for the City/TESS.  This new card could also be used to support eligibility confirmation for the TESS emergency dental and dentures program.

GrowTO: An Urban Agriculture Action Plan for Toronto was adopted by City Council on November 27, 2012 and is the result of over three years of collaborative work by community and institutional stakeholders with participation from various City Divisions and Agencies.  The GrowTO Action Plan establishes a framework to help the City of Toronto realize the full potential of urban agriculture. 

This report updates the current scope of urban agricultural activities undertaken by City Divisions and Agencies and identifies short and long term strategies that would advance urban agriculture in Toronto.

To advance urban agriculture in Toronto, it is recommended that the City adopt the Toronto Agricultural Program and Workplan to be led by the  Deputy City Manager, Cluster A, and supported by a joint City-Sector Steering Committee that includes representatives from City Divisions, Agencies and the urban agricultural community.

The report also summarizes how the Parks Plan 2013-2017 responds to the GrowTO recommendations and how City Planning will continue to work with the City-Sector Steering Committee on Urban Agriculture to explore planning issues, barriers and opportunities associated with urban agriculture.

The Parks and Environment Committee recommends that: 

1.         City Council prohibit smoking tobacco within nine metres of the boundaries of and on a sports field that is being used under a program run by Parks, Forestry and Recreation Division, or by any other person or group under a permit issued by the City of Toronto, including a soccer field, football field, baseball diamond, basketball court, tennis court, volleyball court, outdoor artificial ice rink, cricket pitch, lawn bowling area or bocce court.

2.         City Council prohibit smoking tobacco within nine metres of the following park amenities: a skateboard or BMX park, ski hill, outdoor swimming pool or deck, covered picnic shelter or gazebo or theatre space that is operated by Parks, Forestry and Recreation Division.

3.         City Council prohibit smoking tobacco on the City’s eleven swimming beaches.

4.         City Council prohibit smoking tobacco in a waiting area or service line for persons purchasing tickets for or boarding a Toronto Island Ferry operated by the City of Toronto; and

5.         City Council instruct the City Solicitor to introduce the necessary bill to amend Municipal Code Chapter 608, Parks to reflect the by-law design features as set out in Appendix A to the report (October 10, 2013) from the General Manager, Parks, Forestry and Recreation and Medical Officer of Health, Toronto Public Health, subject to any minor stylistic or substantive changes as deemed necessary by the General Manager or the City Solicitor.

The Parks and Environment Committee recommends that:

1.         City Council direct the Chief Corporate Officer to ensure that the Toronto Atmospheric Fund is considered as a delivery agent for the element of the Sustainable Energy Plan targeting Community-Based Green Energy Projects.

City Council on July 16, 17, 18 and 19, 2013, considered Planning and Growth Management Committee Item PG24.3 on Supplemental Report - Amendments to Chapter 694, Signs, General, of the City of Toronto Municipal Code with Respect to a Portion of 0 Oakville Sub (S/S of F. G. Gardiner Expressway; E/O Park Lawn Road). City Council referred this Item back to the Planning and Growth Management Committee for further consideration.

In July 2010, Council directed staff to use the Mid-Rise Building Performance Standards  in the evaluation of mid-rise development proposals.  Council also adopted a monitoring period of approximately 2 years in order to measure the effectiveness of the Standards.  City Planning is well underway in this monitoring of the Performance Standards, however further work including inter-Divisional consultation, consultation with stakeholders, and the general public is necessary to complete a comprehensive review.  This report requests Council extend the monitoring period to provide time to conduct this consultation. Staff will report back with results of the monitoring period by the end of 2014.

The purpose of this report is to recommend that City Council adopt a more efficient means for appointing building inspectors for the enforcement of the Building Code Act, 1992 (the Act) in the City of Toronto, rather than the current by-law amendment process.

In 2004, City Council adopted By-law 131-2004 which harmonized the appointment of building inspectors across the City. The By-law contains the list of inspectors appointed for enforcement of the Act in Toronto. Due to ongoing staffing changes, however, the By-law is required to be routinely updated through City Council adopted revisions in order to maintain a current list of inspectors.  Staff are hired by the City and provincially qualified, yet they must wait until the By-law is amended in order to be appointed. This is a cumbersome process.

The City of Toronto Act, 2006 provides City Council with the ability to delegate certain administrative powers to staff, including the administrative function of appointing building inspectors pursuant to the Act.  The City Solicitor has reviewed this report and agrees with the comments respecting the authority of City Council to delegate the administrative function of appointing building inspectors.

In order to more effectively and efficiently maintain the roster of appointed inspectors, this report recommends that City Council delegate the administrative function of appointing inspectors (under the Act) to the Chief Building Official, with certain restrictions.  The delegation would be conditional on the Chief Building Official maintaining an up-to-date list of appointed inspectors on the Toronto Building website. 

The purpose of this report is to request authority to negotiate and enter into an Amending Agreement with Minglehaze Investors Inc., Kipling Square Developments Inc., the Regional Municipality of York, and the City of Vaughan. The original agreement dealt with the provision of water and sewer services to a proposed development at the north west corner of Steeles Avenue West and Gihon Spring Drive. The City of Toronto has now been requested to enter into an Amending Agreement which would replace one clause in the original agreement pertaining to ownership of a private driveway and add one additional clause binding all future property owners to the conditions of the Amending Agreement.

Engineering and Construction Services staff, in consultation with Legal Services, have reviewed the proposed amendment and have no objection to entering into an amending agreement subject to conditions.

The Public Works and Infrastructure Committee recommends that:

1.         City Council request the General Manager, Toronto Water, to report through the 2014 budget process on the feasibility and cost of amending the Water Service Replacement Program to include the replacement of the public section of a lead water service as a Priority Replacement in conjunction with the Water Meter Program, so that the public and private sections are replaced at the same time when the private section replacement is required for the installation of a new water meter.

2.         City Council request the General Manager, Toronto Water, to consider re-allocating the projected surplus funds budgeted for the Water Meter Program to the Priority Replacements Program to increase the number of lead service replacements to meet the demand.

3.         City Council request the General Manager, Toronto Water, to provide advice notices on at least an annual basis reminding customers of their responsibility to maintain plumbing connections satisfactorily to enable new metering devices to be installed from time to time.

4.         City Council direct that the fee to shut off and restore water service to a private dwelling be waived in cases where shut-off is required for the purpose of installing a new service connection as a result of replacing the City water meter.

The purpose of this report is to respond to a request from City Council to provide additional status reporting for large capital projects. The water meter program, also known as the Water Meter Replacement and Automated Meter Reading (AMR) System project, is a large capital project that will see the installation of new automated meters in every home and business in the city.  The project implementation period is six years beginning in 2010 and ending in 2015. Currently the project is ahead of schedule and within budget.

This report also describes proposed changes to the City’s fees and charges designed to enhance compliance with the mandatory requirement for water consumers to allow access to their properties for the purposes of installing a new water meter under the water meter program.

The Public Works and Infrastructure Committee recommends that:

1.         City Council request the General Manager, Toronto Water, and the Director, Purchasing and Materials Management, to include in the Contractor Performance Evaluation, guidelines and procedures to evaluate/measure maintaining good community relations, effective communications and responsiveness to complaints.

A consultant team was retained to commence work on the Bloor-Danforth Bikeway Environmental Assessment Study in summer 2010. However, in July 2012 City Council, directed staff to not proceed any further on the E.A. Study and to refocus the available resources towards Council's new cycling priorities.

There has been a longstanding interest by many in the cycling community to evaluate the feasibility of a bicycle facility on Bloor Street. A bicycle facility along Bloor Street could be one of the most significant bikeways in the City bikeway network due to the length and location of the corridor. The changes required to implement a bikeway could also have substantial impacts on auto mobility, commercial loading and on-street parking.

An environmental assessment (E.A.) is already planned for a parallel corridor along Dupont Street.  From network planning and cost-benefit perspectives, there is an advantage to combining the Bloor Street and Dupont Street corridors together because changes to one of the two parallel streets will affect the other. The Dupont Street E.A. is scheduled to begin in 2014. Staff are therefore recommending that a combined Bloor Street - Dupont Street Bikeway Environmental Assessment Study be undertaken by Transportation Services, commencing in 2014.

The purpose of this report is to recommend the consolidation of parking meter By-laws/Codes of the seven former area municipalities into one Code chapter - City of Toronto Municipal Code Chapter 910 and one Schedule under Municipal Code Chapter 910 as part of the continuing process of consolidating and codifying the By-laws and Municipal Codes of the former area municipalities which deal generally with traffic and parking.  Consolidation will result in a streamlined administrative and enforcement process, and will help to clarify the regulatory framework for the public.  As parking machine By-laws were previously consolidated in Municipal Code Chapter 910, this will mean that all parking meter and machine By-laws will be found in the same Municipal Code Chapter, albeit in different schedules.  No changes to the spirit or intent of the by-laws is included in this consolidation.

Staff of Legal Services and the Toronto Parking Authority have been consulted in preparation of this report.

Several transportation studies undertaken by both the City and the Province have identified the need for improvements to the Yonge Street / Highway 401 interchange to address traffic congestion and improve traffic operations at this location, particularly in light of the growth in development along the Yonge Street corridor to the north. Most recently, in 2010, the "Yonge Street Traffic Management Study" identified four major problems or constraints in the area: operational / capacity restraints, missing pedestrian paths / cycle routes, collision trends, and limited transportation network capability to accommodate projected traffic generated from approved, planned, and proposed developments.This study introduced, among other things, the concept of replacing the left turn from southbound Yonge Street to eastbound Highway 401 with a new direct southbound-to-eastbound "flyover" ramp connection to alleviate the significant delays and queues currently experienced during peak periods.

The implementation of such a major high-level ramp connection (estimated to cost in the order of $25 M) would first require an Environmental Assessment (EA) Study.  Before embarking on an EA study, City staff, with the support of the Ministry of Transportation of Ontario (MTO), has first undertaken a Transportation Infrastructure Planning Study to determine the technical feasibility of various alternative ways (including the flyover ramp) of resolving the problem of getting from Yonge Street to eastbound Highway 401.

The purpose of this report is to outline the results of the Transportation Infrastructure Planning Study and to obtain authorization from City Council to proceed with the Municipal Class Environmental (EA) study of several technically feasible alternatives in order to determine a preferred solution for the Yonge Street / Highway 401 interchange that most effectively addresses the current operational problems.  As with the Transportation Infrastructure Planning Study, the City is currently seeking confirmation from the Province of their agreement to contribute to the funding of the EA study. Should it be demonstrated during the EA Study that the preferred alternative improves MTO operations (i.e. Highway 401 ramps), the City will seek further funding for the implementation of the final recommendation.

The Chair called for nominations.

Councillor David Shiner nominated Councillor Peter Leon.

The Chair called for nominations a second time.

The Chair called for nominations a third and final time.

There being no further nominations, the Chair closed the nominations.

The Government Management Committee is composed of 5 Members of Council appointed by City Council plus a Chair appointed by the Mayor.

Councillor Giorgio Mammoliti has resigned from the Government Management Committee.

Members of Council have been canvassed for their interest in being appointed to the Government Management Committee for a term of office until November 30, 2014 and until a successor is appointed. 

The Chair called for nominations.

Councillor John Parker nominated Councillor Joe Mihevc.

Deputy Mayor Kelly nominated Councillor Ron Moeser.

The Chair called for nominations a second time.

The Chair called for nominations a third and final time.

There being no further nominations, the Chair closed the nominations.

There being two (2) nominations for one (1) vacancy, the Striking Committee conducted a ballot for the recommended appointment of one (1) Member of Council to the Budget Committee.

The Striking Committee Administrator distributed the ballots to the Members of Striking Committee. Once all ballots had been cast and collected, the Administrator tallied and announced the results of the ballot for recommended appointment to the Budget Committee conducted on Tuesday, November 5, 2013, as follows:

Number of ballots cast: 5

Number of ballots required for recommended appointment: 3

Number of spoiled or illegal ballots: none

-           For Councillor Joe Mihevc: 2 votes

-           For Councillor Ron Moeser: 3 votes

Councillor Ron Moeser was recommended for appointment, having received a majority of ballots cast.

No further ballots were required.

The summary of ballots cast is as follows:

For Councillor Joe Mihevc:

Ana Bailão

John Parker

For Councillor Ron Moeser:

Norman Kelly

David Shiner

Karen Stintz

The Budget Committee is composed of 6 Members of Council appointed by City Council plus a Chair elected by the Executive Committee from its own members. Members of the Audit Committee cannot be Members of the Budget Committee.

Councillor John Parker has resigned from the Budget Committee.

Members of Council have been canvassed for their interest in being appointed to the Budget Committee for a term of office until November 30, 2014 and until a successor is appointed.

The Striking Committee submits this Item to City Council without recommendation.

The Community Partnership and Investment Program Appeals Committee is composed of 3 Members from the Community Development and Recreation Committee, and 3 Members from the Economic Development Committee.

Councillor Ana Bailão was previously appointed to the Community Partnership and Investment Program Appeals Committee as a member from the Community Development and Recreation Committee. As a result of Councillor Bailão's recent resignation from the Community Development and Recreation Committee, Council must appoint a replacement member from the Community Development and Recreation Committee.

Members of Council have been canvassed for their interest in being appointed to the Community Partnership and Investment Program Appeals Committee for a term of office until November 30, 2014.

The Striking Committee recommends that:

1.         City Council nominate Councillor Mark Grimes as the City of Toronto's Councillor nominee to the Ontario Good Roads Association Board of Directors for a term of office starting February 26, 2014 and ending February 25, 2015.

The Chair called for nominations.

Councillor John Parker nominated Councillor Mark Grimes.

Councillor David Shiner nominated Councillor Denzil Minnan-Wong.

The Chair called for nominations a second time.

The Chair called for nominations a third and final time.

There being no further nominations, the Chair closed the nominations.

There being two (2) nominations for one (1) vacancy, the Striking Committee conducted a ballot for the recommended nomination of one (1) Member of Council to the Ontario Good Roads Association Board of Directors.

The Striking Committee Administrator distributed the ballots to the Members of Striking Committee. Once all ballots had been cast and collected, the Administrator tallied and announced the results of the ballot for the recommended nomination of one (1) Member of Council to the Ontario Good Roads Association Board of Directors conducted on Tuesday, November 5, 2013, as follows:

Number of ballots cast: 5

Number of ballots required for nomination: 3

Number of spoiled or illegal ballots: none

-           For Councillor Mark Grimes: 3 votes

-           For Councillor Denzil Minnan-Wong: 2 votes

Councillor Mark Grimes was recommended for nomination, having received a majority of ballots cast.

No further ballots were required.

The summary of ballots cast is as follows:

For Councillor Mark Grimes:

Ana Bailão

Norman Kelly

John Parker

For Councillor Denzil Minnan-Wong:

David Shiner

Karen Stintz

The Chair called for nominations.

Councillor David Shiner nominated Councillor Ana Bailão.

The Chair called for nominations a second time.

The Chair called for nominations a third and final time.

There being no further nominations, the Chair closed the nominations.

Etobicoke York Community Council recommends that:

1.         City Council amend Site-Specific Zoning By-law 1203-2009 for the lands at 30 Weston Road and Part of 33 Gunns Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (September 27, 2013) from the Director, Community Planning, Etobicoke York District.

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 enter into an Amending Agreement pursuant to Section 37 of the Planning Act to reallocate the secured Section 37 funds.

At its meeting of April 3, 2013, City Council directed the Director, Community Planning, Etobicoke York District, to submit a Preliminary Report to Etobicoke York Community Council regarding a City-initiated amendment to Site-Specific Zoning By-law 1203-2009, pertaining to 30 Weston Road and Part of 33 Gunns Road, to reallocate the Section 37 community benefit provisions of this By-law. The total amount of the Section 37 funds collected would not be altered.

The subject property also has a Section 37 Agreement registered on title that must be amended to secure the Section 37 community benefit provision consistent with the proposed change to the Section 37 provisions in the Zoning By-law. 

As directed by City Council, this report proposes amendments to Site Specific Zoning By-law 1203-2009 to reallocate the Section 37 community benefit provisions of this By-law.

As also directed by Etobicoke York Community Council, this report proposes amendments to this By-law to delete the requirement for medical offices or a medical clinic on the subject lands.

Etobicoke York Community Council recommends that:

1.         City Council direct the City Clerk to give Notice pursuant to Section 36(4) of the Planning Act of City Council's intention to the lift the Holding "H" symbol in Zoning By-law 1994-197 as early as its meeting of December 16, 2013.

Pursuant to Section 36(4) of the Planning Act, should City Council wish to pass an amending by-law to lift a Holding "H" symbol in an existing Zoning By-law, it must first give notice of its intention to pass such an amending by-law.

Planning staff have reviewed the request of the Humber Bay Shores Landowner's Group to lift the Holding "H" symbol in Zoning By-law 1994-197, which applies to the majority of the lands located in Humber Bay Shores.  The registration of a Core Infrastructure Agreement and the acceptance of the results of a revised AECOM Humber Bay Shores Mixed-Use Developments Traffic Impact Study are required to lift the Holding "H" symbol.

Planning staff anticipate the Core Infrastructure Agreement will be signed and registered shortly and the revised AECOM Study will also be completed shortly.  Planning staff will then be in a position to advise City Council that the conditions required to lift the Holding "H" symbol in Zoning By-law 1994-197 have been satisfied.

Etobicoke York Community Council recommends that:

1.         City Council direct staff to undertake a review and update of the planning policy framework for the Sherway area, in particular those lands subject to Official Plan Site and Area Specific Policies 12, 13, 19 and 20.

2.         City Council direct that the review include a public consultation program comprised of both broad community-wide forums and smaller working groups, to include area residents and businesses, local community associations, property owners within the study area, the Ward Councillor(s) and representatives of City Divisions and external agencies as appropriate.

3.         City Council direct that a final study report, including a recommended update to the planning framework for the Sherway area, be targeted for the third quarter of 2015.

Etobicoke York Community Council recommends that:

1.         City Council states its intention to designate the property at 2 Station Road (Wesley Mimico United Church) under Part IV, Section 29 of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

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

5.         City Council delete the following Heritage Attribute from Attachment 3, titled "Statement of Significance - Reasons for Designation", to the report (August 21, 2013) from the Acting Director, Urban Design, City Planning Division:

            "On the interior, the sanctuary, with the vaulted and beamed ceiling supported on two pillars above the suspended and laminated wood floors."

6.         City Council direct that, prior to the alteration or removal, the interior sanctuary and attributes be documented to the satisfaction of the Manager, Heritage Preservation Services.

This report recommends that City Council state its intention to designate the property at 2 Station Road under Part IV, Section 29 of the Ontario Heritage Act.  The site contains Wesley Mimico United Church (1922 and1953), which is listed on the City of Toronto Inventory of Heritage Properties.  The property is the subject of a planning application that proposes to retain part of the church while altering the remainder of the site for seniors' housing.

Following research and evaluation, staff have determined that the property at 2 Station Road meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under the Ontario Heritage Act.  The designation of the property would enable City Council to manage alterations to the site, enforce heritage property standards and maintenance, and refuse demolition.

The Toronto Preservation Board on October 3, 2013, considered the following:

1.         Report (August 21, 2013) from the Acting Director, Urban Design, City Planning Division, respecting Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 2 Station Road.

2.         Communications:

(September 12, 2013) E-mail from Luke Hutton (PB.Main.PB25.2.1)

(September 6, 2013) E-mail from Jaan Pill (PB.Main.PB25.2.2)

(September 17, 2013) E-mail from Samantha Gileno (PB.Main.PB25.2.3)

(September 17, 2013) E-mail from Michelle James (PB.Main.PB25.2.4)

(September 25, 2013) E-mail from Karen Hazzard (PB.Supp.PB25.2.5)

(September 26, 2013) E-mail from Michael Harrison (PB.Supp.PB25.2.6)

(September 27, 2013) E-mail from Mary Bella (PB.Supp.PB25.2.7)

(September 27, 2013) E-mail from Eric Code (PB.Supp.PB25.2.8)

(September 29, 2013) E-mail from Wendy Gamble, Chair, Heritage Etobicoke Foundation (PB.Supp.PB25.2.9)

(September 30, 2013) E-mail from Krista Baxter (PB.Supp.PB25.2.10)

(September 30, 2013) Letter from Mary Williamson on behalf of Harry Oussoren, a representative of 2 Station Road, forwarding 6 letters of support. (PB.Supp.PB25.2.11)

(September 30, 2013) E-mail from Suzanne Burrows and Richard Paliwoda (PB.Supp.PB25.2.12)

(September 30, 2013) E-mail from Debbie McFater (PB.Supp.PB25.2.13)

(October 1, 2013) Letter from Ian Wolfe (PB.Supp.PB25.2.14)

(October 2, 2013) E-mail from Susanne Marquardt (PB.Supp.PB25.2.15)

(October 2, 2013) E-mail from Michael Colvin (PB.Supp.PB25.2.16)

(October 2, 2013) E-mail from a Mimico Resident (PB.Supp.PB25.2.17)

(October 1, 2013) Letter from Timothy Dobson, Chair, Lakeshore Panning Council Corporation (PB.Supp.PB25.2.18)

(October 2, 2013) E-mail from Luke Hutton (PB.Supp.PB25.2.19)

(October 2, 2013) E-mail from Victoria Bourgeois (PB.Supp.PB25.2.20)

(October 2, 2013) E-mail from Lesley Strong (PB.Supp.PB25.2.21)

(October 2, 2013) E-mail from Chris Forget (PB.Supp.PB25.2.22)

(October 3, 2013) E-mail from Michael Colvin (PB.Supp.PB25.2.23)

The following persons addressed the Toronto Preservation Board:

-           Rev. Dr. Harry Oussoren

-           Robert Reimers, Robert Reimers Architect Ltd.

-           Deirdre Gibson, Gibson & Associates

-           Robert A. Martindale, Martindale Planning Services

-           Denise Harris, Heritage Officer, Etobicoke Historical Society

-           Eric Code

-           Chris Drew

-           Peter Shepherd

Etobicoke York Community Council recommends that:

1.         City Council include the property at 1151 Weston Road (The Bank of Nova Scotia) on the City of Toronto Inventory of Heritage Properties.

This report recommends that City Council include the property at 1151 Weston Road on the City of Toronto Inventory of Heritage Properties for its cultural heritage value.  Located on the northeast corner of Weston Road and Eglinton Avenue, the property contains the building historically known as the Mount Dennis Bank of Nova Scotia (1949, addition 1981-2) now known as Scotiabank, Weston Road and Eglinton Avenue.

The nomination for inclusion of this property was made by the Mount Dennis Community Association.  Following research and evaluation, staff have determined that the property at 1151 Weston Road meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation that is also used by the City when assessing properties for the City of Toronto Inventory of Heritage Properties.

The Toronto Preservation Board on October 3, 2013, considered the following:

1.         Report (September 11, 2013) from the Acting Director, Urban Design, City Planning Division, respecting Inclusion on the City of Toronto Inventory of Heritage Properties - 1151 Weston Road.

2.         Communications:

(October 2, 2013) E-mail from Geoff Kettel, Chair, North York Community Preservation Panel (PB.Supp.PB25.7.1)

The following persons addressed the Toronto Preservation Board:

-           Simon Chamberlain, Secretary, Mount Dennis Community Association

-           John Maguire, Senior Designer, Real Estate, Scotiabank

-           Councillor Frances Nunziata

Etobicoke York Community Council recommends that:

1.         City Council approve the installation of mid-block traffic control signals on Burnhamthorpe Road at a point approximately 63 metres west of Laurel Avenue.

2.         City Council approve the removal of the pedestrian crossover on Burnhamthorpe Road at Meadowbank Road, in conjunction with installing traffic control signals.

The purpose of this report is to respond to a request from Etobicoke York Community Council to poll residents on which location they prefer to place the proposed traffic control signals recommended to replace the existing Pedestrian Crossover (PXO) which currently exists at the intersection of Burnhamthorpe Road and Meadowbank Drive.

As a result of the request from Council, the majority of those who responded to the survey prefer the signals at the mid-block location (in front of 400 Burnhamthorpe Road). Both the intersection of Burnhamthorpe Road and Meadowbank Road as well as the mid-block location can safety accommodate the traffic control signals; however, usage of the signals at the intersection is anticipated to be higher.

Etobicoke York Community Council recommends that:

1.         City Council approve the enactment of a parking prohibition from 4:00 p.m. to 6:00 p.m., Monday to Friday, on the west side of Weston Road, between Dora Spencer Road and Jane Street.

The purpose of this report is to obtain approval for the introduction of a "No Parking" prohibition from 4:00 p.m. to 6:00 p.m., Monday to Friday, on the west side of Weston Road, between Dora Spencer Road and Jane Street.

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

Etobicoke York Community Council recommends that:

1.         City Council approve the enactment of a "No Parking Anytime" prohibition on the east side of Weston Road, between a point 60 metres north of Church Street to a point 75 metres further north

The purpose of this report is to obtain approval for the introduction of a "No Parking Anytime" regulation, on the east side of Weston Road, between a point 60 metres north of Church Street to a point 75 metres further north.

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

Etobicoke York Community Council recommends that:

1.         City Council approve the installation of a road sign on Islington Avenue, subject to Campbell's Soup entering into an encroachment agreement regarding location and sign maintenance.

Campbell's Soup is located at 60 Birmingham Street in Ward 6 directly across the street from Second Street Elementary School.  When a first time truck driver is dispatched to Campbell’s, they often mistakenly drive along Birmingham Street versus New Toronto Street where the shipping and receiving function of Campbell's is located.  This situation poses a challenge for a number of reasons:

a.         Trucks are stopping at the front of the building and drivers coming in for directions or some even turn their trucks around out front or continue backup Dwight Avenue onto New Toronto Street.

b.         There are significant safety concerns with this existing condition and the proximity to Second Street Elementary School, that a directional sign would help to alleviate.

Campbell's would like to propose that a sign be erected on Islington Avenue that helps direct truck traffic to New Toronto Street.

Regarding a request for directional road signage on Islington Avenue indicating "Campbell's Shipping and Receiving on New Toronto Street", Traffic Operations had the following comments.

The current Identification and Directional Road Signage Policy, adopted by City Council in 2003, states, in part, that destination directional signs on road rights-of-way for individual venues be limited to landmarks that meet all of the following criteria:  a) they are unique to the City of Toronto, b) they are government owned or sponsored; c) they form a major attraction and destination for visitors to the City of Toronto; and, d) they have a minimum annual attendance of 40,000 persons.

Given that Campbell's Soup does not meet all the above criteria, Transportation Services does not recommend the installation of these signs.  As this is not allowed under the Directional and Road Signage Policy, this must be approved by City Council, including an encroachment agreement regarding location and sign maintenance that Campbell's would enter into with the City.

Campbell's needs signs to be erected on Islington Avenue, to direct the truck traffic to their shipping/receiving entrance on New Toronto Street. The proposed size would be W 24” x H 30” with reflective material enabling visibility at night.

Etobicoke York Community Council recommends that:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for South-West Domino & Sport Club, 9 Milvan Drive (the “Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the Licence Appeal Tribunal (“LAT”) to provide the City with an opportunity to be made a party in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the LAT in this matter and be directed to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address the concerns of the community.

South-West Domino & Sport Club has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario (“AGCO”) for a premises at 9 Milvan Drive operating under the name South-West Domino & Sport Club (the “Premises”).

The establishment is located in a high crime area and so the safety of the community, staff and patrons are a concern.  This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community are attached to the licence.

The Official Plan for the City of Toronto outlines the process for informing and obtaining the views of the public in respect of a proposed zoning by law amendment.  In the City of Toronto, the real public hearing is always at Community Council prior to a decision by Council.

Under Section 24 of the Planning Act, City Council may not pass a by law that does not conform with the Official Plan.  Accordingly, on July 19th 2013 City Council elected to adhere to the Official Plan and referred the planning matter at 2522-2542 Keele Street to Etobicoke York Community Council for further deliberation and a statutory public hearing.

The protection of the public interest relies on due process, proper notification of proposed projects and procedural fairness.  Fortunately, Council rules on due process because any deviation from normal practice or circumvention of due process results in the violation of natural justice in the form of undesirable, irrational and unreasonable outcomes.

Respect for due process is a significant component of the planning process under the Planning Act.  Transparency is a vital component of the planning process under the City of Toronto Act. 

The protection of the public interest relies on both due process and transparency.  Access to due process ensures that something that is not available through the normal planning process does not become available through circumvention of the planning process.  Proper and transparent notification ensures that projects that affect the quality of life of residents are decided on merit and not access to legal back doors.  Where due process is not followed, then the notion of mitigating the consequences must prevail.

There are numerous legal and other relevant issues identified in the subject development proposal that remain unresolved despite two different OMB decisions issued on August 27, 2013 and September 16, 2013.  The issues that must be reconciled include, but are not limited to, the applicability of Section 37, the applicability of Section 36 and whether an official plan amendment is required to change Council protocol on the use of Section 37.

In light of unresolved details, it is appropriate that City Council advise the OMB that on the issue of adherence to due process and the requirement for a statutory public meeting at Community Council, the position of City Council remains unchanged.

This report recommends that City Council state its intention to designate the property at 262 Bessborough Drive under Part IV, Section 29 of the Ontario Heritage Act.  The site contains the Thomas G. Elgie House, a surviving late 19th century farmhouse that is listed on the City of Toronto Inventory of Heritage Properties.  Located in Leaside, the property is the subject of a development application that proposes to subdivide the lot and retain the main section of the heritage building on one of the parcels.

Following research and evaluation, staff have determined that the property at 262 Bessborough Drive meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under the Ontario Heritage Act.  The designation of the property would enable City Council to manage alterations to the site, enforce heritage property standards and maintenance, and refuse demolition.