Agenda

• O Canada
• Moment of Silence

• Declarations of Interest under the Municipal Conflict of Interest Act

An application for minor variances related to 310 Riverview Drive was approved by the North York Panel of the Committee of Adjustment on January 8, 2014. The application entailed the demolition of the existing home and the construction of a new two-storey dwelling.

The Teddington Park Residents' Association has appealed this decision to the Ontario Municipal Board.

Residents have significant concerns about the impact of these variances on the neighbourhood. Of particular issue are the variance approvals for a building height of 9.2 metres and a building length of 36.42 metres, both of which exceed the by-law maximums.

In October 2013, City Council approved the establishment of a corporation to operate the Toronto Pan Am Sports Centre (the “Facility”), jointly owned by the City of Toronto and the Governing Council of the University of Toronto (the “University”).  A Co-ownership Agreement and Unanimous Shareholders’ Agreement are in place and the Toronto Pan Am Sports Centre Inc. (“TPASC Inc.”) was incorporated on December 18, 2013.  A number of implementation activities flow from the establishment of TPASC Inc., including matters that require approval by the Shareholders:

1.         By-law No. 1: The Board of TPASC Inc. approved TPASC Inc. By-law No. 1, relating generally to the transaction of the business and affairs of the corporation.  This report presents By-law No. 1 for approval by City Council, acting as Shareholder, pursuant to the Business Corporations Act (Ontario).  The University has already provided its approval of By-law No. 1.

2.         Operating Agreement: This report provides authority for the City Manager to negotiate, approve and execute an Operating Agreement among the City, University and TPASC Inc. to formalize operational matters with respect to the Facility’s occupants including the City.

3.         Appointment of Auditor: This report provides authority for the City Manager to provide approval by the City, acting as Shareholder, of the appointment of the auditor for TPASC Inc. pursuant to the Business Corporations Act (Ontario).

4.         Composition of the Board:  As requested by City Council, this report proposes an amendment to the composition of the Board of TPASC Inc. with respect to the City’s appointees to the Board and a process and timeline for City Council to appoint 2 citizen members as Directors following the 2015 Games.

The Executive Committee recommends that:

1.         City Council request the Province to undertake a comprehensive review of the Metrolinx Board governance structure that includes:

a.         Changes to the board composition of Metrolinx, including political municipal and citizen representation, and equitable distribution of membership on the Board based on population;

b.         Consultation with Greater Toronto and Hamilton Area (GTHA) municipalities and key stakeholders in the process; and

c.         Enhancing the transparency of the Metrolinx Board decision-making processes to the public.

2.         City Council request the Province to distribute the 25 percent allocation of new revenues for local municipal transportation priorities by emulating existing provincial gas tax funding agreements, with the allocation of funds among municipalities based on municipal shares of transit ridership and population.

3.         City Council request the Province to reconsider the Metrolinx Investment Strategy recommendation that identifies specific capital expenditure categories (15% local transit-5% highways-5% other) for the 25% of local transportation funding, and that the Province instead apply the following principles to this funding:

a.         That municipalities have the discretion to determine how funds received are allocated to local transportation priorities; and

b.         Eligible transportation capital costs include municipal transportation expansion projects, service improvement, and major capital replacement and rehabilitation projects.

4.         City Council request the Province to consider amendments to the Development Charges Act that would address changes previously endorsed by Council consistent with amendments for the Toronto-York Spadina Subway Extension project.

5.         City Council request the Province restore funding of 50 percent of all net municipal transit operating expenditures on all existing operations and future transit lines, including Metrolinx Big Move transit lines.

The Executive Committee recommends that:

1.         City Council authorize and direct the City Manager to take such action required to enable the City's receipt of funds from the Provincial Government's Ice Storm Assistance Program, including the execution of any required documents, subject to the documents approval as to form by the City Solicitor.

The Executive Committee:

1.         Requested the City Manager to secure a financial contribution from Maple Leaf Sports Entertainment Ltd. for transportation planning studies to improve access to Exhibition Place, and that the City Manager report directly to the April 1, 2014 City Council meeting on results of these negotiations.

2.         Requested the City Manager, in consultation with the TTC, Economic Development Culture, and Metrolinx, to develop options to improve and encourage the use of public transit to BMO Field and report directly to the April 1, 2014 City Council meeting on options to be included in the Letter of Intent and mechanisms for securing these options.

The Executive Committee recommends that:

1.         City Council request the Chair, Disability Issues Committee, to forward a letter to the Chair, Toronto Transit Commission, requesting consideration of a new accessible bus route or amendment to an existing bus route serving the Eglinton Avenue East and Rumsey Road area.

The Executive Committee recommends that:

1.         City Council authorize the Deputy City Manager, Cluster B to negotiate with the Toronto Port Authority and Transport Canada the following phased framework for managing growth at Billy Bishop Toronto City Airport:

a.         Phase One:

i.          annual origin/destination passenger cap of 2.4 million;

ii.         peak hour flight (slot) cap of 16;

iii.        peak hour origin/destination passenger cap of 884; and

iv.        daily flight (slot) cap of 202.

b.         Phase Two:

i.          annual origin/destination passenger cap of 2.7 million;

ii.         peak hour flight (slot) cap of 20;

iii.        peak hour origin/destination passenger cap of 1,178; and

iv.        daily flight (slot) cap of 202.

c.         Phase Three: passenger and flight (slot) caps, based on transportation capacity, community impacts and experience with the Phases One and Two.

2.         City Council authorize the Deputy City Manager, Cluster B, to negotiate with the Toronto Port Authority and Transport Canada the conditions precedent of the phased framework for managing growth at Billy Bishop Toronto City Airport, that include but are not limited to:

a.         Phase One:

i.          commencement of an Airport Master Plan, runway extensions environmental assessment and runway extensions detailed design;

ii.         implementation of the following measures:

1.         implementation of passenger wayfinding and route planning tools for users of the airport;

2.         taxi operational adjustments to achieve increased passenger efficiency;

3.         enhancement of shuttle service to achieve an increased modal split and regular monitoring and reporting of shuttle usage to the City;

4.         implementation of traffic monitoring for Eireann Quay and reporting to the City;

5.         implementation of an airport noise monitoring system and reporting protocol;

6.         implementation of restrictions on ground-based airport noise;

7.         review of deicing and chemical management programs;

8.         implementation of air quality monitoring and reporting to the City;

9.         construction of aircraft run-up barrier or enclosure and alternate procedures for mitigating run-up noise in the interim;

iii.        a robust plan for public and stakeholder input into all planning exercises, including the Airport Master Plan and runway extensions environmental assessment;

iv.        participation in the Official Plan review and Bathurst Quay Precinct Plan study process (to be led by the City); and

v.         Toronto Port Authority and Transport Canada letters to confirm full participation in the above.

b.         Phase Two:

i.          amendments to the Tripartite Agreement to require annual Noise Exposure Forecast monitoring and reporting by Transport Canada to the City;

ii.         completion of a new Airport Master Plan by the Toronto Port Authority, aligned with the City's new Bathurst Quay Precinct Plan and Official Plan;

iii.        a revised set of Official Plan policies for the airport;

iv.        completion of an environmental assessment for the proposed runway extensions consistent with the letter dated February 27, 2014 from the Toronto Port Authority, with scope and components to be finalized to the City's satisfaction;

v.         a final Code 3 airport runway design, including all modifications to airside facilities, acceptable to Transport Canada, with no changes to the airport's Marine Exclusion Zones as currently configured, that would materially encroach on the Western Shipping Channel;

vi.        certification of the Bombardier CS-100 or similar aircraft for operation at Billy Bishop Toronto City Airport, and confirmation that such aircraft would meet the noise restrictions contained in the Tripartite Agreement, secured through provision of a remodelled Noise Exposure Forecast 25 Contour;

vii.       funding for groundside traffic and community infrastructure improvements, to the agreement of all parties and in keeping with the findings of the Billy Bishop Toronto City Airport review, Eireann Quay Strategic Transportation Study and Bathurst Quay Precinct Plan;

viii.      endowment of a community benefit fund for public realm improvements, housing noise reduction retrofits, and any other noise reduction opportunities;

ix.        construction management plans for the proposed runway extensions and related work, designed to mitigate community impact (especially overnight);

x.         mechanisms for airport operations monitoring and dispute resolution;

xi.        enhanced remedies for non-compliance; and

xii.       such other terms and conditions as deemed necessary by the Deputy City Manager, Cluster B, in consultation with the City Solicitor.

c.         Phase Three:

i.          funding for additional groundside traffic and community infrastructure improvements, to the agreement of all parties;

ii.         advancement of, and coordination with, appropriate public transit improvements, including the Western Waterfront Light Rail Transit;

iii.        coordination of transportation infrastructure to improve access and egress of airport passengers with plans for the Canada Malting site redevelopment; and

iv.        such other terms and conditions as deemed necessary by the Deputy City Manager, Cluster B, in consultation with the City Solicitor.

3.         City Council request the Toronto Port Authority to submit a letter confirming the agency's commitment to managing growth at Billy Bishop Toronto City Airport through caps and phasing. The Toronto Port Authority should confirm:

a.         its commitment to satisfy the conditions precedent for Phase One; and

b.         its willingness to negotiate required Tripartite Agreement amendments and any other agreements for Phase Two and Phase Three approvals.

4.         City Council request the Government of Canada (represented by the Minister of Transport) to submit a letter confirming the government's commitment to managing growth at Billy Bishop Toronto City Airport through caps and phasing, and their engagement in negotiating required Tripartite Agreement amendments for Phase Two and Phase Three approvals.

5.         City Council direct the Deputy City Manager, Cluster B, to include as part of the negotiations, limiting commercial jet-powered aircraft to 25% of daily flights (slots).

6.         City Council request the Deputy City Manager, Cluster B, to include general aviation use at Billy Bishop Toronto City Airport as part of the negotiations with the Toronto Port Authority and Transport Canada.

7.         City Council request the Deputy City Manager, Cluster B, to report back to the Executive Committee with the outcome of the negotiations including all recommended Tripartite Agreement amendments.

8.         City Council request the Deputy City Manager, Cluster B, to undertake further studies and consultations that may be necessary arising from this review.

9.         City Council request the Chief Planner to report back to Planning and Growth Management Committee and Council on alignment of the Airport Master Plan with the City's policies and objectives, the Official Plan and the Bathurst Quay Precinct Plan.

10.       City Council receive for information the report (November 21, 2013) from the Deputy City Manager, Cluster B.

The Deputy City Manager, Cluster B, gave a presentation to the Executive Committee on Request to Amend the Tripartite Agreement for Billy Bishop Toronto City Airport.

The Audit Committee recommends that:

1.         City Council direct the City Manager to make available to the City’s Agencies and Corporations the e-learning training developed on ethics, conflict of interest, fraud prevention and whistle blower protection.

2.         City Council direct the City Manager, in consultation with the Auditor General, to report prior to the adoption of any proposed Disclosure of Wrongdoing Framework, on:

            a.         Details of the proposed Disclosure of Wrongdoing Framework, including the definition of wrongdoing, to be included in the proposed Public Service By-law.

            b.         Details of the formal management framework designed to govern the handling of employee misconduct that does not meet the proposed definition of wrongdoing to be included in the proposed Public Service By-law including the administration, tracking, disposition and public reporting of such misconduct.

The Audit Committee recommends that:

1.         City Council request the Director of Purchasing and Materials Management to review the upcoming report of the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry, otherwise known as the Charbonneau Commission.  Such a review determine whether recommendations pertaining to establishing measures to identify, reduce and prevent collusion and corruption in the awarding and managing of public contracts in the construction industry have relevance to the City of Toronto.

2.         City Council request the Director of Purchasing and Materials Management to meet with the Federal Competition Bureau to determine the Bureau’s Investigation process particularly as it relates to:

            a.         the criteria for referring specific cases to the Bureau;

            b.         the level of evidence required by the Bureau; and

            c.         the results of individual investigations.

3.         City Council request the City Manager, in consultation with the City’s Agencies and Corporations, to develop a protocol for the distribution and sharing of fraud investigation related reports.  Such a process ensure that, as a minimum, recommendations contained in all such fraud investigation reports be shared with Senior Management at the City as well as its Agencies and Corporations.

The Audit Committee recommends that:

1.         City Council request the City Manager to report actual cost savings achieved on District 2 curbside collections as requested by Council.

2.         City Council request the General Manager, Solid Waste Management Services, to ensure that all financial, performance and operational information in future collections operations reports are accurate and provide a consistent and complete reflection of the Contract costs and performance-related activities.

3.         City Council request the General Manager, Solid Waste Management Services, to implement a systematic approach for conducting and documenting daily on-road inspections, which ensures that:

            a.         random on-road inspections are reasonably distributed amongst all vehicles;

            b.         vehicles are selected from a complete and accurate vehicle fleet listing; and

            c.         significant performance deficiencies are followed up to ensure that appropriate corrective action was taken.

4.         City Council request the General Manager, Solid Waste Management Services, to conduct periodic analyses of the overall on-road inspection results.  Where recurring deficiencies are identified, corrective action be taken where appropriate. 

5.         City Council request the General Manager, Solid Waste Management Services, to ensure that contract monitoring staff use the available GPS technology to verify Contractor performance, and document such use.

6.         City Council request the General Manager, Solid Waste Management Services, to ensure collection services are completed on a timely basis in accordance with the City by-law governing residential waste collection.

7.         City Council request the General Manager, Solid Waste Management Services, to continue to monitor Contract deficiencies and assess liquidated damages if and when determined to be appropriate, and to document decisions regarding the assessment or waiver of liquidated damages.

8.         City Council request the General Manager, Solid Waste Management Services, to implement a standard process for reviewing closed service requests, including non-qualifying service requests.  Reviews should be documented and include an evaluation of the adequacy of Contractor investigation notes, timeliness of resolution, and validity of closure.

9.         City Council request the General Manager, Solid Waste Management Services, to implement the practice of trend analyses for monthly tonnages, late finishing times and any other relevant operational and performance indicators, and to ensure that any significant anomalies identified are investigated to the extent appropriate in the circumstances.

10.       City Council request the General Manager, Solid Waste Management Services, to establish a standard process for documenting meetings and other informal correspondence with the Contractor regarding performance or compliance issues.  Additionally, evidence of ongoing communications be retained in a central location.

11.       City Council request the General Manager, Solid Waste Management Services, to consider conducting periodic evaluations of the Contractor’s performance against a set of specific assessment criteria that are aligned with Contract provisions.

12.       City Council request the General Manager, Solid Waste Management Services, to document detailed procedures for District 2 Contract monitoring and administrative activities.  The documentation requirements for each activity be specified as part of the detailed procedures.

13.       City Council request the General Manager, Solid Waste Management Services, to direct all District 2 Contract monitoring staff to conduct monitoring and administrative activities in accordance with the documented procedures.

14.       City Council request the General Manager, Solid Waste Management Services, to remind relevant staff of the need to thoroughly review Contractor invoices prior to payment.

15.       City Council request the General Manager, Solid Waste Management Services, to ensure that the details and payment structure for any future contingency work are documented as soon as practicable. 

The Community Development and Recreation Committee recommends that:

1.         City Council request the Deputy City Manager, Cluster A, to create an inventory of facilities and programs funded by the City located in churches across Toronto.

2.         City Council request the Deputy City Manager, Cluster A, to report to the June 25, 2014 meeting of the Community Development and Recreation Committee with options for maintaining charitable and community services in their existing locations when a church is sold.

Across the City, churches have traditionally played a vital role in our communities by providing social programs and services for those in need.  The network of services include child care facilities, parent-child resource centres, affordable housing units, meal and shelter programs, and other community supports.  Quite often these services receive funding through the City.

Numerous reports have identified poverty and social exclusion as key issues that require community and governmental attention. The Toronto Community Foundation's 2013 Vital Signs reports that "more than 1 million Torontonians live in low-income neighbourhoods (20% or more below average incomes) and the polarization of wealth and poverty is deepening." Another indicator is "the growing problem of food insecurity— running out of food, limited access to culturally appropriate foods, compromising quality or quantity or even going days without meals. In housing, a third poverty indicator, the report noted, "72,696 eligible Toronto households were waiting for affordable housing at the end of 2012; that’s 3,354 more than in 2011, and a 44% increase since 2004." The number is even greater at the end of 2013.

United Way Toronto's 2013 report "It's More than Poverty: Employment Precarity and Household Wellbeing" highlights the impacts on social wellbeing, family life, and overall prosperity of low wage, unstable, and precarious work. UWT’s work has also highlighted the growing concentration of poverty in inner suburban neighbourhoods. "Toward a Poverty Elimination Strategy for the City of Toronto," a new report from Social Planning Toronto and the Alliance for a Poverty Free Toronto begins to outline a policy framework to tackle poverty at the city level here in Toronto. As a city, we should take up that work.

Since City Council endorsed Toronto's first Workforce Development Strategy (WDS) in 2012, significant progress has been made towards creating a more coordinated and effective approach to workforce development in Toronto. As a result, employment services and outcomes for both employers and jobseekers have improved.

This report provides an update on City actions to advance the WDS in 2013, highlighting the work that Toronto Employment and Social Services (TESS) is doing to implement the strategy in conjunction with City partners - notably Economic Development and Culture (EDC) and Social Development, Finance and Administration (SDFA) - as well as with community organizations and other governments. It describes key accomplishments and showcases prominent examples of the work being done. Finally, informed by the City’s new Strategic Actions and reflecting the lessons emerging from implementing the strategy to date, the report identifies the City's priorities for workforce development in 2014. 

By demonstrating the positive difference that the WDS is making, the report also highlights two essential points: first, that workforce development is inherently based on partnership and cooperation and, second, that success is cumulative. Positive outcomes reflect significant investments in building relationships with employers, community organizations and others, and planning and implementing initiatives with them. As more relationships are built and as more projects reach maturity, the outcomes that the strategy achieves will continue to grow.

As part of the redevelopment of the former Toronto Stock Exchange (TSE) site at 234 Bay Street, the City secured a long-term lease for space to accommodate a design showcase/centre.  A development agreement with the TD Centre required the developer to pay $500,000 per year to the City until 2013 for the use and benefit of the occupant of the  design showcase/centre.  This showcase/centre has been provided by the Design Exchange (DX) since the agreement was signed.  When the developer's payment is received by the City, in September each year, the funds are placed in a reserve fund to pay the occupant (DX) grant in the following calendar year, i.e. the funds received in 2013 are to be paid out in 2014.  The process is revenue neutral to the City.  

The DX forecast a modest surplus before amortization of $31,600 for 2013, as compared to a deficit of $297,687 in 2012.  But higher than projected costs to mount the Christian Louboutin blockbuster, and a decrease in venue rental income resulted in a projected deficit for 2013 of $187,400 on revenues of $3.1 million.  This exhibit put DX on the international cultural map, and met its targets for attendance, sponsorship and grants, resulting in unprecedented media and PR coverage.  For 2014 DX is working with guest curators to develop new shows at lower costs and to balance revenue and programming streams, and is projecting a small surplus, before amortization, of $3,727.

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.  The Design Exchange re-established itself as a design museum offering programming with broad public appeal, and in 2012 a new President was hired.  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 DX operations.

This report recommends that Council approve the Design Exchange 2014 flow through grant of $500,000, and as this grant is the final developer flow-through payment, Council also request the General Manager, Economic Development & Culture, to assist the DX in its efforts to secure additional sources of funding and report back in May 2014, on a sustainability strategy for the Design Exchange, in time for consideration of any direct City support as part of the City's 2015 budget process.

The purpose of this report is to recommend that the name of the College-Dufferin Business Improvement Area be changed to the College West Business Improvement Area.

The purpose of this report is to recommend a minor expansion of The Dupont Strip Business Improvement Area (BIA) boundary north on Spadina Road to Davenport Road.

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 January 30, 2014 have been reviewed and are reported here; BIA Operating Budgets received after this date will be brought forward in later reports.  Of the 77 established BIAs, 13 BIA budgets were approved by City Council on December 16, 2013; 37 BIA budgets are pending City Council approval on February 19, 2014, 24 BIA budgets are submitted for approval in this report; two BIAs have yet to submit an operating budget; and one BIA is inactive.

The recommendations in this report reflect 2014 Operating Budgets approved by the respective BIAs’ Boards of Management and Memberships and have been reviewed by City staff to ensure BIA budgets reflect Council’s approved policies and practices.

The City's Economic Development Strategy, Collaborating for Competitiveness, identifies small business growth as one of the core strategies for advancing job creation in high growth, high value industry sectors, and across our communities and neighbourhoods.  The City's Business Incubation and Commercialization (BIC) program plays a key role in supporting small business success through community partners that offer an array of targeted entrepreneurial incubator/ accelerator 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.

Incubators and accelerators are recognized world wide for their key role in the start-up ecosystem.  They advance business formation, create and retain jobs, commercialize technologies, and accelerate the delivery of new products and services to the marketplace.

The purpose of this report is to provide a 2013 snapshot on business incubator/ accelerator activities and outcomes.

The World Cities Culture Forum is an initiative of the Mayor of London, Boris Johnson.  It was founded in 2012 by London, New York, Shanghai, Paris, Tokyo, Sydney, Johannesburg and Istanbul.  It now includes 21 member cities from around the world with new members including Amsterdam, Berlin, Bogotá, Buenos Aires, Hong Kong, Los Angeles, Montreal, Mumbai, Rio de Janeiro, São Paulo, Seoul, Singapore and Toronto.  The World Cities Culture Report 2013 (WCCR) examines the cultural offer of 21 of the world's greatest cities. The WCCR gathered evidence on 60 cultural indicators, assessing both the supply of and demand for culture and reported on the thinking of cultural policymakers in those cities.  The level of detail of the cultural data collected across the cities is unprecedented and represents an achievement in this field of research.

In November 2013, senior policymakers from the partner cities met in Istanbul for the three-day World Cities Culture Summit hosted by the Istanbul Provincial Directorate of the Turkish Ministry of Culture and Tourism.  By bringing together their cultural expertise and knowledge, the participating cities have created a new unique research and policy forum to address the role that culture plays in their cities and to strengthen their policy response to the challenges they face.

Based on the collective knowledge and latest evidence assembled at the Istanbul summit it was agreed that economic globalization, unchecked property development and fiscal austerity could threaten the cultural ecosystem of great cities.  However, the conclusion of World Cities Culture Summit 2013 was that none of this is inevitable - that world cities can flourish in the 21st century if city leaders have the confidence, imagination and strength of will to make it happen.

The Government Management Committee recommends that:

1.         City Council approve the apportionment of property taxes in the amounts identified in Appendix A and Appendix B to the report (February 4, 2014)  from the Treasurer, under the columns entitled "Apportioned Tax" and "Apportioned Phase In/Capping".

The process of redistributing outstanding property taxes from one (1) parcel of land to many newly created properties following a severance or re-development of land is referred to as “the apportionment of taxes”.

This report deals with 10 tax apportionment applications made by the Treasurer or to the Treasurer by an owner of land pursuant to section 322 of the City of Toronto Act, 2006, for the properties listed in Appendices A and B (attached).  

The legislation requires Council to hold a public meeting at which the applicants and / or property owners may express any concerns.  Council has delegated authority to hold such public meetings to the Government Management Committee. 

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

The purpose of this report is to recommend changes and streamline the process for the preparation and approval "as to form" for formal agreements for purchase of goods and/or services.  Providing the authority to the Chief Corporate Officer Organization to utilize an existing process already in place with Engineering and Construction Services ("ECS") will streamline the process, simplify financial controls and expedite the delivery of capital projects.

This report is being submitted to the Government Management Committee as requested at its meeting of January 6, 2014 to provide further information respecting the impacts of the delegated contract preparation and execution process as recommended in the report (December 12, 2013) from the City Solicitor and the Chief Corporate Officer.

This report provides information respecting the number of contracts that would be expected to be "approved as to form" under the delegation to the Chief Corporate Officer Organization (CCOO), the number of staff hours that will be saved annually in the Purchasing and Materials Management Division and Legal Services Division and the associated annual financial savings by both the Purchasing and Materials Management and the Legal Services Divisions.

The primary result of the delegation as recommended in the original report is increased efficiencies in the preparation and finalization of contracts for the purchase of goods and services by the CCOO by eliminating the need for referral of these matters to Legal Services.  In this way, the performance of all elements of the capital construction process (i.e. preparation of specifications, contract preparation, and project management) will be consolidated into the CCOO, thus increasing efficiency, accountability and control over this function.  This will result in the CCOO expediting capital projects and improving project delivery by 5-7 weeks.  Lawyers in Legal Services would undertake training and would still be required to provide support upon request with respect to specific legal issues arising in the contract and project management processes.

This recommended change in process would also be expected to improve the overall response times in the Municipal Law Section of Legal Services with respect to the completion of other current work and reduce the need for overtime and/or the use of lawyers to undertake work which is more appropriately and more cost efficiently done by law clerks.

In response to a request made by the Government Management Committee at its meeting of November 21, 2013 on possible amendments to the City's parking by-laws to effect the changes requested by City Council with respect to grace periods, including any operational, public safety or financial impacts associated with any recommended changes to the City's parking by-laws, this report:

a.         recommends appropriate amendments to the City's parking by-laws which will achieve Council's objective of providing a 10-minute grace period for on-street pay-and-display parking;  and

b.         outlines public safety and traffic concerns with amending the City's parking by-laws to provide for a grace period between 9:00 pm of one day to 12:01 pm  of the next day for residential on-street permit parking areas when parking alternates from one side of the street to the other.

The purpose of this report is to obtain City Council authority to enter into a new Below-Market Rent (BMR) lease agreement with Christie Ossington Neighbourhood Centre (CONC) at 362 Wallace Avenue and to amend an existing BMR lease to include an additional 2,528 square feet of space with Community Action Resource Centre (CARC) at 1652 Keele Street.

This final report provides an annual overview of property sales and purchases by the City from January 1, 2013 to December 31, 2013.

A synopsis of real estate transactions are included in this report, specifically on properties declared surplus, sale activities, as well as information on property acquisitions by negotiation/expropriation. Also included is a breakdown of real estate transactions processed by delegated authority.

The Government Management Committee recommends that:

1.         City Council authorize the Deputy City Manager and Chief Financial Officer to enter into retention agreements for a period of five years from April 1, 2014 to March 31, 2019 with the following recommended seven legal firms having achieved the highest overall evaluation scores that are consistent with the terms, conditions and hourly rates of the REOI submissions in a form and content that is satisfactory to the Deputy City Manager and Chief Financial Officer and the City Solicitor:

a.         Boghosian + Allen LLP;

b.         Borden Ladner Gervais LLP;

c.         Clyde & Co Canada LLP;

d.         Gowling Lafleur Henderson LLP;

e.         Loopstra Nixon LLP;

f.          Paterson MacDougall LLP; and

g.         Shibley Righton LLP.

The purpose of this report is to obtain authority to enter into retention agreements with seven recommended respondents based on the results of the Request for Expression of Interest (REOI) No. 9134-3-7281, for insurance claim defence legal services to supplement City Legal Services.

This report proposes new opportunities for street food vendors across the City and provides more choices to the public for a diverse street food experience.

The City is currently home to dozens of licensed street food vendors selling diverse, world class fares. The difference between Toronto's street food industry, and many others staff reviewed, is not a lack of menu options here, but rather an inability for all but a handful of vendors to make those menus regularly and conveniently available to the public. The path to a street food experience in Toronto that truly matches its celebrated diversity is through easing restrictions and creating opportunities for vendors to make their businesses easily accessible to the public.

In consultation with the Street Food Working Group, and based on staff's research and public consultations, a new city-wide street vending by-law is being recommended to create opportunities for: mobile food trucks and ice cream trucks to operate temporarily at parking spaces on the road; for mobile ice cream trucks to operate temporarily on local and residential streets; and for stationary food carts to operate at designated locations on the sidewalk. Eliminating the 10 minute vending rule in parking lots will provide another opportunity for vendors.

The recommendations in this report will help balance the City's need to manage the competing uses of the right of way, and improve the public's access to a diverse street food experience through expanded opportunities for vendors across the city.

On January 15th, 2014 the results of a City-initiated study of local air quality in Wards 5 and 6 (Etobicoke-Lakeshore) were presented to local residents at a public open house. Using established air quality models approved by the Ontario Ministry of Environment and verified against monitored data from the Ministry's four monitoring stations located in Toronto, the study identified expected concentrations of 30 contaminants using average and worst case 24-hour conditions.  Analysis was also conducted to estimate the relative contributions of contaminants from sources in northeastern United States, southern Ontario and Toronto and by source type, including industrial, vehicular, residential and commercial sources.

Assessment of the 30 contaminants showed four substances to be of concern when compared to ambient air benchmarks from the Ministry of Environment and other similar benchmarks.  The four contaminants of most concern are : oxides of nitrogen, benzene, particulate matter less than 10 microns, and particulate matter less than 2.5 microns. A fifth contaminant, benzo(a)pyrene may also be of concern, but further research is still required and being undertaken.

All five of these contaminants are produced from a variety of sources, but in Wards 5 and 6, the most significant source of concern is that of motor vehicles, in particular the emissions tied to the volume and type of motor vehicle traffic travelling Highway 427 and the Gardiner Expressway.

Utilizing the results of the local air quality study, Toronto Public Health assessed the cumulative health impacts of three sub groups of the 30 contaminants. These three groups are:

-           non-carcinogens (toxic, non-cancerous contaminants);

-           carcinogens (cancerous contaminants); and

-           criteria air contaminants.

Based on the findings of the air quality study, Toronto Public Health prepared a health assessment estimating the cumulative health impacts of air pollution in the area. The health assessment (as summarized in Appendix A) found that most of the 30 air contaminants selected for this study, mainly the non-carcinogenic ones, occur below levels of concern to health in Wards 5 and 6 even when the combined exposure is taken into account. However, it is possible that some carcinogens are present at levels above the one in one million excess cancer risk benchmark. Other pollutants such as nitrogen dioxide and particulate matter are also found at levels that are known to have an adverse impact on health.  These findings suggest that further actions are needed to reduce local air pollution and improve health for Torontonians.

This report is about comments on the proposed Medical Marihuana Production Facility zoning regulations received at a community consultation open house held November 28, 2013 and to bring forward to a public meeting draft zoning by-law amendments to all general zoning by-laws with industrial zones, to permit a Medical Marihuana Production Facility (MMFP).

On January 13, 2014, the Planning and Growth Management Committee adjourned its public meeting on Item PG 30.1, Zoning Changes for Medical Marihuana Production Facilities – Final Report, to the February 27, 2014 meeting with a request that the Chief Planner and Executive Director, City Planning report on a way to treat Medical Marihuana distribution facilities as a regular pharmacy.

The zoning amendment recommends where to permit a medical marihuana production facility within the City of Toronto and at the same time recognize and remain consistent with the federal regulation. The medical marihuana production facility, as defined by the federal regulation, includes producing, processing and distributing medical marihuana. These activities are considered industrial in nature within the context of the zoning by-law. In terms of distribution, the medical marihuana must be securely delivered to the address of the registered client, even if the production and distribution components were separated. There is no personal pick-up permission. This makes the option of operating like a pharmacy impossible. A facility focused solely on distribution must still operate in the same secure fashion as a production facility. A facility with no public access would be inappropriate as a commercial use in the City's CR zones as it would not contribute to the street vibrancy envisioned by the OP for mixed-use areas. For this reason, CR zones permit a mix of both residential and commercial uses in the same building. The federal regulation prohibits a medical marihuana facility in a dwelling place, making a mixed use building impossible in CR zones.

The Planning and Growth Managment Committee recommends that:

1.         City Council acknowledge the planning, transportation, and cost benefits of city-wide and cross-boundary rapid transit options with all-day frequent service designed for medium-distance and longer-distance travel as could be provided by an electrified GO system.

2.         City Council express to Metrolinx its preference for an electric vehicle on the GO system that best protects for potential additional GO stations with the minimum speed penalty to GO trains, indicated by past electrification studies and the Transport Action Ontario report to be Electric Multiple-Units.

3.         City Council express to the Ontario Government concern about the capital cost escalation of GO electrification if funding is delayed, as it is expected that construction costs would increase with GO Transit rail service levels.

The Chief Planner and Executive Director, City Planning, gave a presentation to the Planning and Growth Management Committee.

This report summarizes the results of a consultant study undertaken to review the Section 37 implementation process, and recommends process changes. The recommendations in this report are informed by the outcomes of the accompanying consultant’s study (Attachment 1) which relied on extensive consultation with City staff from a broad cross section of divisions, Councillors, and the development industry. 

Staff have reviewed the consultant's findings and have made recommendations which address:  clarifying what constitutes a reasonable planning relationship within the City's Section 37 Implementation Guidelines; requesting the Province to amend Section 37 of the Planning Act to enable a standardized determination of the quantum of benefits; continuation of the consideration of introducing base densities in specific areas of the City when updating Secondary Plan policies and/or site specific and area Official Plan policies; and annual public reporting on Section 37 benefits.

The Planning and Growth Management Committee requested:

1.         The General Manager, Transportation Services, in consultation with appropriate staff, to consult with Building Industry and Land Development Association (BILD) before the City Council meeting on April 1, 2014, and if necessary to submit a report directly to City Council which would address the issues raised in its communication of February 25, 2014 and in its public presentation to the Committee.

2.         The Deputy City Manager, Cluster B:

a.         in consultation with the Deputy City Manager and Chief Financial Officer and the City Solicitor, to report to the April 10, 2014 meeting of the Planning and Growth Management Committee on a by-law to provide for an amendment to the hoarding permit fee so that the $16.94 per linear metre fee cover the cost of blank hoarding only, and that an additional 50% charge be applied for permission to place any writing or graphics on the hoarding; that such funds be used to enhance the public realm in cooperation with the Toronto Arts Foundation, the Toronto Arts Council and the various Local Arts Service Organizations; and on the impact of such a by-law;

b.         to submit a report on an alternative method of achieving the same objective, in the event that there is a legal impediment to bringing forward such a by-law.

3.         The Chief Planner and Executive Director, City Planning and the General Manager Transportation Services to consult with stakeholders on a process to implement improved mitigation measures for construction staging plans within the Right of Way and, in consultation with the City Solicitor, to specifically review linking Site Plan approval and construction staging plans; and to report to the Planning and Growth Management Committee by June 2014 on any further recommendation on improving this process.

Many of the buildings being constructed in the City of Toronto are designed to occupy the entire property on which they are situated, resulting in the need for construction staging areas to provide unloading zones and storage of construction materials. These staging areas must be very close to the site and usually occupy the curb lane and sidewalk adjacent to the building being constructed.

This report addresses requests from Toronto and East York Community Council and the Planning and Growth Management Committee to report on various issues related to construction staging areas within the public right-of-way. Staff recommendations aim to reduce the negative impact of construction staging on neighbourhood quality of life, the public realm and on the movement of pedestrians, cyclists, and vehicles including people with disabilities.

Solutions proposed in this report include improved tools and processes to determine the impacts of staging areas earlier in the development process and minimize the impact of construction staging areas once they are in place.  Attachments also include proposed guidelines for providing information to the public, increasing the accessibility and wayfinding of covered walkways, as well as improving their appearance and illumination.  Finally, this report addresses the current Construction Hoarding Sign Permit Fee and its potential use for generating funding for artistic programming in the public right-of-way through a program administered by the Toronto Arts Council.

The Planning and Growth Management Committee recommends that:

1.         City Council direct staff to process heritage property tax rebate applications received in 2014 for the 2013 tax year, in accordance with Chapter 103, Article VII of the Municipal Code.

2.         City Council direct that the total annual costs of the municipal portion of rebates provided for the 2013 tax year shall not exceed $2 million.

This report recommends that council direct staff to process heritage property tax rebates applications for the 2013 taxation year in accordance with Chapter 103, Article VII, of the Municipal Code pending further review of the program in 2014.

The Public Works and Infrastructure Committee recommends that:

1.         City Council grant authority to award Contract 13SE-21S, Tender Call 14-2014 to Soncin Construction Corporation, in the amount of $23,790,294.00 net of all applicable taxes and charges ($24,209,003.17 net of HST recoveries), for the rehabilitation of the aforementioned F.G. Gardiner Expressway at-grade bridges between Park Lawn Road to Humber River:

a.         Bridge 418, F.G. Gardiner mainline and eastbound off ramp over Metrolinx Tracks, east of Park Lawn Road;

b.         Bridge 255, F.G. Gardiner mainline over westbound off ramp to Lakeshore Blvd., east of Park Lawn Road; and

c.         Bridge 186, F.G. Gardiner mainline over TTC streetcar tracks (TTC Humber Loop), west of Humber River,

having submitted the lowest bid, meeting specifications in conformance with the Tender requirements.

2.         City Council approve an adjustment to the 2014 Capital Budget and 2015-2023 Capital Plan for Transportation Services that will not change either the total project cost or debt funding for these projects. The adjustment will result in an acceleration of cash flows for the F. G. Gardiner (At-Grade Repairs) project (CTP122-05) of $12.7M million in 2014 from 2015 ($4.4M), 2016 ($2.8M) and 2017 ($5.5M), with an equivalent off-setting deferral of cash flows for the Major Road Rehabilitation project (CTP314-06).

The Public Works and Infrastructure Committee recommends that:

1.         City Council approve the removal of the pedestrian refuge island on Victoria Park Avenue at Terraview Boulevard/Farm Greenway.

2.         City Council, pursuant to the City of Toronto Act 2006, authorize the appropriate City officials to prepare the necessary Road Alteration By-law.

3.         City Council approve the installation of Traffic Control Signals at the intersection of Victoria Park Avenue and Terraview Boulevard/Farm Greenway.

This report is to obtain approval for the removal of the closed pedestrian refuge island at the intersection of Victoria Park Avenue and Terraview Boulevard/Farm Greenway.

Traffic studies reveal that the warrant or technical justification for the pedestrian refuge island is no longer met at this location since it fails the current environmental criteria for the number of lanes.

This report is submitted to Public Works and Infrastructure Committee as the matter is a shared boundary issue between North York Community Council and Scarborough Community Council.

The City intends to expand processing capacity for the City's source separated organic ("SSO") material at its Dufferin Organics Processing Facility ("DOPF"). It is, however, hindered in doing so by an unresolved disagreement between itself and the company that previously provided equipment for use at the DOPF, Canada Composting Inc. ("CCI").

The disagreement between the City and CCI is regarding the proper interpretation of the sub-licence agreement between CCI and the City (the “Sub-Licence Agreement”), and whether the terms of the Sub-Licence Agreement apply to specific SSO processing equipment currently on site.

How the Sub-Licence Agreement is to be interpreted will impact the terms of the request for proposal ("RFP") that the City wishes to issue to engage a contractor to design, build, operate, and maintain an expanded DOPF facility, and may impact the proposals submitted by potential bidders to the City.

The Confidential Attachment outlines the nature of this dispute, the confidential legal advice that the City has received with respect to these issues, and the proposed mechanisms for resolution of the issues.

The Striking Committee recommends that:

1.         City Council appoint Councillor Pam McConnell and Councillor Michael Thomspon to the Federation of Canadian Municipalities (FCM) National Board of Directors for a term starting at the Annual Meeting in May 2014 to the Annual Meeting in June 2015.

The Chair called for nominations.

Councillor John Parker nominated Councillor Pam McConnell and Councillor Michael Thompson.

Councillor David Shiner nominated Councillor Giorgio Mammoliti.

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 three (3) nominations for two (2) appointments, the Striking Committee conducted a ballot for the recommended appointment of two (2) Members of Council to the Federation of Canadian Municipalities (FCM) National 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 recommended appointment to the Federation of Canadian Municipalities (FCM) National Board of Directors conducted on Monday, March 24, 2014, as follows:

Number of ballots cast: 4

Number of ballots required for recommended appointment: 3

Number of spoiled or illegal ballots: none

-           For Councillor Giorgio Mammoliti: 1 vote

-           For Councillor Pam McConnell: 3 votes

-           For Councillor Michael Thompson: 4 votes

Councillor Pam McConnell and Councillor Michael Thompson were 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 Giorgio Mammoliti:

David Shiner

For Councillor Pam McConnell:

Ana Bailão

Norman Kelly

John Parker

Councillor Michael Thompson:

Ana Bailão

Norman Kelly

John Parker

David Shiner

The Striking Committee recommends that:

1.         City Council appoint Councillor James Pasternak to the Advisory Committee on Youth Lounges for a term of office ending November 30, 2014.

The Chair called for nominations.

Councillor David Shiner nominated Councillor Mary Fragedakis.

Deputy Mayor Norman Kelly nominated Councillor James Pasternak.

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) appointment, the Striking Committee conducted a ballot for the recommended appointment of one (1) Member of Council to the Advisory Committee on Youth Lounges.

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 Advisory Committee on Youth Lounges conducted on Monday, March 24, 2014, as follows:

Number of ballots cast: 5

Number of ballots required for recommended appointment: 3

Number of spoiled or illegal ballots: none

-           For Councillor Mary Fragedakis: 2 votes

-           For Councillor James Pasternak: 3 votes

Councillor James Pasternak 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 Mary Fragedakis:

John Parker

David Shiner

For Councillor James Pasternak:

Ana Bailão

Norman Kelly

Karen Stintz

The City Manager recommends that:

1.         City Council approve the policy requirements for the board governance structure and the City’s appointment of a citizen member to the Legacy Fund Allocations Committee,  relating to the Toronto 2015 Pan Am/Parapan Am Games, as set out in the Policy on Board Governance Structures for Appointments to External Bodies: Legacy Fund Allocations Committee in Appendix A to this Report.

2.         City Council delegate authority to the General Manager, Parks, Forestry and Recreation to undertake a process, in accordance with the requirements set out in Appendix A to this Report, to recruit and appoint the citizen member to the Legacy Fund Allocations Committee starting in 2014 for an initial 3 year period.

3.         City Council request the City Clerk to initiate in the Fall of 2016 the establishment of a Nominating Panel and a process for recruitment of a citizen member as the City’s appointee to the Legacy Fund Allocations Committee to take effect in 2017 on a date to be specified.

4.         City Council delegate authority to the City Manager to execute any agreements required with the Toronto Community Foundation or other designated body to receive funds from the Toronto 2015 Sport Legacy Fund on an annual or other basis over the life of the Legacy Fund, and to transfer such funds to the benefit of the Toronto Pan Am Sports Centre Inc., on such terms and conditions as may be satisfactory to the City Manager and City Solicitor.

5.         City Council authorize and direct the appropriate City Officials to take the necessary actions to give effect thereto.

This report sets out the policy requirements for the board governance structure and the City’s appointment of a citizen member to the Legacy Fund Allocations Committee (“LFAC”) in relation to the Toronto 2015 Pan Am/Parapan Am Games.  With the signing of the Pan Am Games Multi-Party Agreement (the “MPA”), the parties set in motion the establishment of the $70 million Toronto 2015 Sport Legacy Fund (the “Legacy Fund”).  The Toronto Pan Am Sport Centre (“TPASC”), owned by the City and the University of Toronto, is one of three Beneficiary Legacy Facilities that will benefit from financial contributions from the Legacy Fund.

The LFAC was established to provide oversight and accountability to the allocations process.  The City of Toronto is to appoint one of the seven LFAC members.  All parties, except for the City of Toronto, have already named their appointee to the LFAC.

The City’s appointment is of an urgent nature as the LFAC has commenced meeting as of March 2014 to develop the requisite oversight, policy and accountability framework.  It is recommended that the General Manager, Parks, Forestry and Recreation be delegated authority to recruit and appoint the City’s initial appointee in 2014.  The appointment process for 2014 will adhere to the appointment requirements as set out in this report and be undertaken in an expedited manner.

Subsequent to the initial appointment in 2014, it is recommended that in the Fall of 2016 the City Clerk initiate a process that would include the establishment of a Nominating Panel to recommend for consideration by City Council a citizen member for appointment to the LFAC to take effect in 2017.

This report also recommends that the City Manager be delegated authority to execute any agreements necessary to receive funds from the Legacy Fund.

The Lobbyist Registrar recommends that:

1.         City Council receive the Annual Report of the Lobbyist Registrar for the Year 2013 for information.

The Ombudsman recommends that:

1.         City Council request TCHC implement the balance of the Ombudsman's recommendations in the context of its strategic plan and demonstrate how it is doing so.

2.         City Council adopt the Ombudsman's report and in so doing, request that TCHC implement all of the recommendations.

In accordance with section 170(2) of the City of Toronto Act, 2006 (COTA), I concluded an investigation into the TCHC’s eviction of seniors on the basis of rental arrears in June 2013 and tabled the matter with City Council in June 2013.

City Council asked for a report back on the status of implementation in March 2014.

The City Manager recommends that:

1.         City Council, in its role as Shareholder of Toronto Community Housing, receive for information Toronto Community Housing's response to the recommendations contained with the Ombudsman's Report entitled Housing at Risk: An Investigation into the Toronto Community Housing Corporation's Eviction of Seniors on the Basis of Rent Arrears; and

2.         City Council direct Toronto Community Housing to include as part of its Annual Report to Executive Committee an update on the progress of implementation of the Ombudsman's Housing at Risk recommendations and on the recommendations contained in the LeSage Review Report until such time that the recommendations have been fully implemented.

This report advises City Council of a settlement proposal received from Yolanda Flanders Developments Limited ("Yolanda Flanders") in respect of its outstanding Ontario Municipal Board appeals and pending legal action against the City arising from its applications for approval of 57 townhouses and 483 high-rise apartment units at 51 Drewry and 8-28 Inez Court. The report seeks Council's endorsement of the settlement proposal in principle. Further, it seeks direction for staff with respect to the further processing of this matter.

The settlement proposal requires a general amendment to the policies of the North York Centre Secondary Plan in order to permit the conveyance of parkland to the City (over and above any statutory requirements) to qualify as a Section 37 density incentive. Accordingly, direction is sought for staff to bring forward a preliminary report on a proposed general Official Plan Amendment to amend the Section 37 and Parkland Dedication policies of the North York Centre Secondary Plan for consideration at the next North York Community Council meeting. This report was prepared in consultation with input from Community Planning staff, North York District.

The City Solicitor recommends that:

1.         City Council consider a forthcoming report on Request for Directions regarding the Ontario Municipal Board Hearing in respect of the rezoning application for 17 Island Road.

The applicant has appealed Council's refusal of its rezoning application to the Ontario Municipal Board. A 5-day hearing has been scheduled to begin on May 6, 2014. The purpose of this report is to advise that the City Solicitor will be reporting to the April 1 and 2, 2014 meeting of City Council to seek further instruction for the upcoming Ontario Municipal Board hearing.

The City Solicitor recommends that:

1.         Members of Council may want to inform residents that the Registrar of the Alcohol and Gaming Commission of Ontario ("AGCO") will no longer approve conditions to be attached to liquor licences that do not directly relate to the administration and enforcement of the Liquor Licence Act and its regulations.    

2.         Council direct that Municipal Licensing and Standards ("MLS") review the AGCO's new approach to liquor licence conditions and report back to Council with opportunities and options to deal with problems and impacts arising from the operation of licensed premises.

3.         Council direct MLS to continue to advance joint enforcement partnerships and information sharing to monitor locations that are subject to complaints and enforce existing City regulations, where necessary.

The City Manager and the City Solicitor recommend that:

1.         The City Solicitor write to the Federal Minister of Natural Resources requesting immediate implementation of proposed regulations announced by the Government of Canada that will require companies operating major crude oil pipelines to have a minimum of $1 billion in financial capacity.

2.         The City Manager, in consultation with the City Solicitor, write to the President and CEO of Enbridge and copy the NEB advising how City Staff would be involved in the review of the further steps required by the NEB.

3.         City Council direct that Confidential Attachment 1 remain confidential as it contains advice and information that is subject to solicitor-client privilege and the subject of litigation.  City Council authorize the public release of all or a portion of the confidential information at the discretion of the City Solicitor.

The National Energy Board ("NEB") released its Decision on Enbridge's Line 9B Application on March 6, 2014.  The Application seeks to (1) reverse the flow in the pipeline to the originally designed west to east direction; (2) increase the overall capacity in the pipeline from 240,000 to 300,000 barrels per day without increasing the maximum operating pressure; and, (3) allow the pipeline to be used to transport heavy crude oil, including diluted bitumen.

The NEB approved the Application, subject to 30 detailed conditions.  Many conditions must be met before Enbridge can apply for Leave to Open ("LTO"), a further step required before Enbridge can implement the approved changes to Line 9B.

Throughout the NEB process, and at public hearings about the application in Montréal and Toronto during October, 2013, Enbridge made a number of commitments to address issues of concern identified by City Council, including the need for:

·       Additional maintenance/emergency response personnel in the Greater Toronto and Hamilton Area (GTHA)

·       More shutoff valves at major watercourses

·       Detailed spill response planning

·       Updated emergency planning

·       A watercourse crossing management plan

The 30 NEB conditions address the above-noted issues, and require Enbridge to fulfill all of the commitments it made throughout the process.

This Report recommends follow up activities to ensure that the commitments made by and imposed upon Enbridge are fulfilled, with input from City Staff as appropriate.

Councillor Mike Del Grande, seconded by Councillor Vincent Crisanti, recommends that:

1.         City Council direct the City Manager to report to the July 8, 2014 meeting of City Council on the feasibility of adding either permanent or temporary labeling on Fleet vehicles to indicate the division they represent.

City of Toronto Fleet vehicles are distinctly marked to help the public identify City-owned vehicles.  They also bear numbers for better accountability. The City Division they represent was also included in the past.  Currently, they are marked with only the generic City of Toronto branding. This causes confusion for engaged residents, who may wish to know what sort of City work is being done in their neighbourhoods when they see a City-owned vehicle.

(Submitted to City Council on April 1 and 2, 2014 as MM50.1)

On October 30, 2013, MPP Randy Hillier introduced a Private Member's Bill in the Ontario Legislature.  Bill 124, the Election Amendment Act (MPP's Recall), introduces a process whereby citizens can recall elected members of the Legislative Assembly of Ontario and a by-election held to fill the vacant seat.

Proponents would need to acquire the signatures of at least 25 percent of total eligible voters on a recall petition and those voters must live in the electoral district where the recall drive is held.  Applications for the issuance of a recall petition cannot occur within the first year of a Member's election and a year before the next general provincial election.

When a recall petition is issued, the proponent has 60 days to have at least 25 percent of the electorate in the electoral district sign the recall petition.  The recall petition must be submitted to the Chief Electoral Officer within that 60 day period.  Failure to meet the aforementioned two conditions allows the Member to hold on to his or her seat.

In the case where the recall organizer acquires the signatures of at least 25 percent of the electorate in the electoral district on a recall petition and submits the recall petition to the Chief Electoral Officer within 60 days of the recall petition being issued, the seat of the Member in the Ontario Legislature becomes vacant.  A by-election must be held to fill the vacant seat.  The recalled member can be a candidate in the by-election.

As the percentage of votes cast in municipal elections could be lower than 50 percent, it is suggested that 50 percent of the number of votes cast in the last election could also be used as the minimum threshold for signatures on the recall petition.

Whereas the Private Member's Bill does not address the added cost of holding by-elections, the legislation includes the added responsibility for the proponent to raise 75 percent of the estimated cost of holding the by-election and the petition period be increased to 99 days to allow for this additional responsibility.

(Submitted to City Council on April 1 and 2, 2014 as MM50.2)

Councillor John Filion, seconded by Councillor Joe Mihevc, recommends that:

1.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to attend the Ontario Municipal Board hearing to support the decision of the Committee of Adjustment in refusing the lot severance and associated variances for 289 and 291 Hounslow Avenue.

Councillor Kristyn Wong-Tam, seconded by Councillor Gord Perks, recommends that:

1.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board hearing and to oppose the appeals seeking a Consent and Minor Variances for the property located at 139 Glenrose Avenue.

On January 8, 2014, the Committee of Adjustment refused a Minor Variance application and Consent to Sever application brought by the owners of 139 Glenrose Avenue.    The applications poposed to sever the property into two lots and sought a total of seven variances from Zoning Bylaws nos. 569-2013, and 438-86.  The owners have appealed Committee’s Decision to the Ontario Municipal Board (OMB) and a hearing has been scheduled for Monday, June 9, 2014.

The subject Property is designated Neighbourhoods in the Official Plan and as such, new development should respect and reinforce the existing physical character of the neighbourhood, including the size and configuration of lots.   The applications would introduce new lots with  frontages of 7.59 and 7.60 metres, whereas as the bylaw requirement is 12.0 metres.    The variances would create lots out of keeping with the character of the neighbourhood.  Accordingly, the intent and purpose of the Official Plan, and the relevant zoning by-laws would not be maintained.  For that reason this Motion is brought forward to authorize the City Solicitor, and Planning staff to attend the OMB hearing, and to oppose the appeals.

This Motion is brought forward on an urgent basis in that a hearing has been scheduled for June 9, 2014, and it is necessary to give instructions to City staff to proceed and to prepare for this OMB hearing.

(Submitted to City Council on April 1 and 2, 2014 as MM50.4)