Decisions

CALL TO ORDER: 9:36 a.m.

Speaker Nunziata took the Chair and called the Members to order.

The meeting opened with O Canada.

Tuesday, May 3, 2016

Members of Council observed a moment of silence and remembered the following persons who passed away:

The victims of the earthquake in Ecuador

Howard Reid Cable

David Stevenson Holden Done

Kathryn Gooch

Joseph Abraham Gordon

Doreen Hayes

Prince Rogers Nelson

Stephen Ross

Speaker Nunziata advised that Council gratefully acknowledges it is meeting on the traditional territory of the Mississaugas of the New Credit First Nation and home to many diverse Aboriginal peoples.

Committee Reports, New Business and Business Previously Requested were presented to City Council for consideration.

City Council on May 3, 4 and 5, 2016, received the following petitions for information:

1.  Petition regarding the pilot bicycle lane on Bloor Street, submitted by Councillor Joe Cressy, Ward 20, Trinity-Spadina, containing the names of approximately 4,623 persons.

2.  Petition regarding the pilot bicycle lane on Bloor Street, submitted by Councillor Mike Layton, Ward 19, Trinity-Spadina, containing the names of approximately 4,686 persons.

3.  Petition regarding the requirements for not-for-profit organizations to register as lobbyists, submitted by Councillor Mike Layton, Ward 19, Trinity-Spadina, containing the names of approximately 106 persons.

4.  Petition regarding the suspension of the licence for the Cloud 9 Café, submitted by Councillor Paula Fletcher, Ward 30, Toronto-Danforth, containing the names of approximately 240 person.

5.  Petition regarding increased costs of medication, submitted by Councillor Joe Mihevc, Ward 21, St. Paul's, containing the signatures of approximately 33 persons.

Various presentations, introductions and announcements were made to City Council on May 3, 4 and 5, 2016.

May 3, 2016

Speaker Nunziata, during the morning session of the meeting, invited Councillor Joe Mihevc to come forward. Councillor Mihevc recognized the efforts of many people present in the Chamber and organizations who have helped and are continuing to help Syrian refuges settle in Canada.

Speaker Nunziata, during the morning session of the meeting, invited Peter Wallace, City Manager to come forward. Mr. Wallace advised Members that the City of Toronto has received the Distinguished Budget Presentation Award for its Budget Presentation and Budget Summary document.  These documents had met and exceeded the criteria established by the Government Finance Officers Association. Mr. Wallace acknowledged the hard work of the Financial Planning staff and asked Roberto Rossini, Deputy City Manager and Chief Financial Officer and Andy Cui, Manager, Corporate Financial Reporting and Systems to come forward to accept the award.

Speaker Nunziata, during the morning session of the meeting, invited Mayor Tory to come forward. Mayor Tory congratulated the Toronto Raptors on their win in the first round of the National Basketball League Eastern Conference playoffs. Mayor Tory presented a letter to the Toronto Raptor's mascot and on behalf of City Council, wished the Toronto Raptors well in the second round of the playoffs.

Councillor Cesar Palacio, during the morning session of the meeting, spoke of the fund raising efforts in Toronto to help the people of Ecuador recover from the devastating earthquake.

Councillor Mark Grimes, during the morning session of the meeting, wished his mother a Happy 80th Birthday.

Councillor Mary-Margaret McMahon, during the morning session of the meeting, welcomed Anna Khouzam, the junior Councillor for Ward 32.

Councillor Ainslie, during the afternoon session of the meeting, welcomed the 3rd West Hill Scout Troup who were in attendance to learn more about municipal governance.

May 4, 2016

Speaker Nunziata, during the morning session of the meeting, invited Peter Wallace, City Manager to come forward.  Mr. Wallace recognized Ms. Linda Gehrke, Lobbyist Registrar upon her retirement from the City of Toronto.  Mr. Wallace remarked on the excellent work Ms. Gehrke had done in establishing public trust in the world of municipal government by ensuring that lobbyist activities at the City of Toronto are open and transparent.  Mr. Wallace noted that due to her efforts, the City has emerged as a model for other municipal governments to follow.  Mr. Wallace congratulated Ms. Gehrke on her retirement and asked the Mayor to come forward.  Mayor Tory spoke of Ms. Gehrke's pioneering role in how lobbyist activities are carried out in a way that people have confidence in their government.  Mayor Tory read and presented a retirement scroll to Ms. Gehrke.  Linda Gehrke addressed Council and remarked that it was an honour to serve as the City's second Lobbyist Registrar.  Ms. Gehrke also thanked Members of Council for their support.

Speaker Nunziata, during the morning session of the meeting, invited Peter Wallace, City Manager, to come forward.  Mr. Wallace recognized Ms. Anna Kinastowski, City Solicitor, upon her retirement from the City of Toronto.  Mr. Wallace remarked about Ms. Kinastowski's deep affection for the City of Toronto, for Council and for democracy, and that her knowledge of the rule of law has been extraordinary.  Mr. Wallace further remarked that Ms. Kinastowski is a heart and soul person who will be missed enormously.  Mr. Wallace called upon Mayor Tory to come forward.  Mayor Tory noted that Ms. Kinastowski is one of the treasures that came to the amalgamated City from Scarborough. Mayor Tory advised Members that there are three things that make an excellent lawyer: knowledge of the law, good judgement, and collegiality, and that Ms. Kinastowski has all three.  Mayor Tory wished Ms. Kinastowski a happy and healthy retirement and remarked that she will be missed.  Ms. Kinastowski addressed Council and noted that 14 years have passed since she was appointed City Solicitor and that during that time, she has spent over 400 days in the Chamber attending Council meetings.  Ms. Kinastowski affectionately estimated that during that time, Council and staff had consumed approximately 1,750 pounds of jujubes she brought to the meetings.  Ms. Kinastowski commented that it had been an honour and privilege to serve the City and thanked all the Mayors, Councils and City Managers she has served.  Ms. Kinastowski also thanked the Division Heads, City Clerk's staff, Legal staff, and her assistant Debbie Lupo.  Ms. Kinastowski thanked her family, in particular her husband Lionel, for their love and support.

Councillor Cressy, during the morning session of the meeting, advised Members that on May 4, 2016, Jane Jacobs would have been 100 years old and to celebrate, today is recognized as Jane Jacob's Ideas Day.

Councillor Layton, during the morning session of the meeting, advised Members that May 12th is "Walk a Mile in Her Shoes" a day when men and boys walk a mile in high heals to bring an end to violence against women.  Councillor Layton and encouraged Members of Council and the public to participate.

Councillor Matlow, during the morning session of the meeting, congratulated Councillor Carmichael Greb on the birth of her baby.

Councillor McConnell, during the morning session of the meeting, congratulated Councillor Di Ciano on the birth of his baby.

Speaker Nunziata, during the afternoon session of the meeting, introduced Brian Haley, newly appointed Interim City Solicitor, present in the Chamber.

May 5, 2016

Mayor Tory, during the morning session of the meeting, advised Members of Council that he had contacted the Mayor of Wood Buffalo, Alberta to offer assistance during the wildfire.  Mayor Tory further advised that the Mayor of Wood Buffalo had thanked him and would advise of any assistance required once the extent of the damage is known.  Mayor Tory encouraged Members of Council and the public to help by donating through the Red Cross.

Councillor Ainslie, during the morning session of the meeting, indicated that he was unable to attend the recognition of Anna Kinastowski's retirement on May 4th and wanted to acknowledge her hard work over the years and wished her a long and happy retirement.

Speaker Nunziata, during the morning session of the meeting, welcomed the students from Horizons for Youth and their group leader who were in attendance to learn more about municipal governance. 

Councillor Ainslie, during the morning session of the meeting, welcomed three gentlemen from the Highland Creek Liaison Committee who were present in the Chamber.

Councillor Shiner, during the morning session of the meeting, remarked the Councillor Moeser was no doubt watching the Council meeting during the debate on the Highland Creek matters and wished Councillor Moeser well during this time.

In tribute, at the conclusion of the meeting, the City Clerk called upon City Solicitor Anna Kinastowski to assist her in conducting the vote on the final Confirming By-law passed by City Council during Ms. Kinastowski's time as City Solicitor.

May 3, 2016:

City Council adopted the May 3, 2016 Order Paper, as amended and all other Items not held on consent.

May 4, 2016:

City Council adopted the May 4, 2016 Order Paper, as amended.

May 5, 2016:

City Council adopted the May 5, 2016 Order Paper.

City Council on May 3, 4 and 5, 2016, received Administrative Inquiry IA18.1 from Councillor Paula Fletcher, Ward 30, Toronto-Danforth, regarding 2016 Operating Budget Reductions and the Answer IA18.1a from the City Manager, for information.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council enact amendments to Toronto Municipal Code, Chapter 140, Lobbying, as outlined in Attachment 1 to the report (February 23, 2016) from the City Manager, that will:

a. require that consultant lobbyists disclose their ultimate client;

b. enable the Lobbyist Registrar to impose conditions for registration, continued registration or renewal of registration against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying, as permitted by section 166 of the City of Toronto Act, 2006; and

c. enable the Lobbyist Registrar to impose a temporary ban against a lobbyist who has been found in breach of Toronto Municipal Code, Chapter 140, Lobbying from communicating with public office holders for a specified period of time, as permitted by section 166 of the City of Toronto Act, 2006.

2.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to review the requirements for labour unions, Fire Services, Toronto Paramedic Services, the Toronto Police Service and their associations to register and report to the Executive Committee with amendments to Toronto Municipal Code Chapter 140, Lobbying, as required.

3.  City Council request the City Manager, in consultation with the Lobbyist Registrar and the City Solicitor, to include in the report to the Executive Committee a definition of a "Not-for-Profit" organization.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council direct that when the new biosolids facility is built at the Highland Creek Treatment Plant that:

a.  all risk management measures that were assumed during the Health Impact Assessment and listed in Attachment 7 to the report (October 7, 2015) from the Medical Officer of Health are implemented; and

b.  Route 4, as described in Attachment 1 (October 7, 2015) from the Medical Officer of Health, is implemented as the preferred truck transport route.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council receive the "Executive Summary of the Highland Creek Wastewater Treatment Plant Biosolids Schedule B Class Environmental Assessment Study" appended as Attachment 1 to the report (February 9, 2016) from the General Manager, Toronto Water.

2. City Council endorse the recommendations of the Environmental Assessment Study appended to the report (February 9, 2016) from the General Manager, Toronto Water and request the General Manager, Toronto Water to finalize the Environmental Study Report for the Highland Creek Wastewater Treatment Plant Biosolids Class Environmental Assessment and submit it to the Ontario Ministry of the Environment and Climate Change for the obligatory 30 day public review period in accordance with the requirements of the Environmental Assessment Act.

3. Subject to the completion of the Class EA process for the Highland Creek Wastewater Treatment Plant Biosolids Class Study, City Council authorize the General Manager, Toronto Water to proceed to undertake the detailed design and construction of the preferred option.

4.  City Council direct the General Manager, Toronto Water to include enhanced emissions scrubbing technologies on the proposed Fluidized Bed Incinerators at the Highland Creek Treatment Plant in order to meet US EPA requirements with respect to air emissions.

5.  City Council request the General Manager, Toronto Water to report back to the Public Works and Infrastructure Committee, in consultation with the Director, Toronto Environment and Energy Division, on the feasibility of creating a solar and/or district energy plant on the treatment plant property with the goal of offsetting/eliminating the greenhouse gases emitted by the treatment plant and to help the City meet its City-wide greenhouse gas reduction targets.

6.  City Council direct the General Manager, Toronto Water to report on the viability of implementing Thermal Hydrolysis as part of Highland Creek Treatment Plant's Biosolids treatment process, once the conceptual design of the recommended Biosolids management alternative is complete.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council receive the report (April 1, 2016) from the City Manager for information.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council request the Province of Ontario to amend Section 134(1) and (2) of the Highway Traffic Act to permit alternatives to police officers, such as special constables, peace officers, municipal officers, and other authorized officials, to direct traffic and close highways.

2.  City Council request the Province of Ontario to amend Ontario Traffic Manual Book 7 Temporary Conditions to remove language that states that paid duty officers must be used to control traffic within 30 metres of an intersection with active signals.

3.  City Council request the Toronto Police Services Board to develop guidelines for paid duty policing, in consultation with the appropriate City officials to align the guidelines with City permit requirements, and with consideration of suggestions made by special event organizers to reduce costs and improve service set out in Attachment A to the report (April 4, 2016) from the City Manager, and to report to Executive Committee on the outcome.

4.  City Council request the Toronto Police Services Board and the General Manager, Transportation Services, in consultation with the Toronto Police Service, to enter into a new Memorandum of Understanding regarding guidelines for traffic control during road occupancy before the end of the second quarter of 2016.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council implement the general annual salary range increases, representing cost of living adjustments, for Management/Non-union employees and Accountability Officers employed in the Toronto Public Service, as follows:

2.  City Council amend the Active Benefits Plan for Management/Non-union employees, Accountability Officers and Elected Officials, effective January 1, 2017, as outlined in Appendix A to the report (March 31, 2016) from the City Manager.

3.  City Council amend the Pre-65 Retiree Benefit Plan for Management/Non-union employees and Accountability Officers, where applicable, for employees who retire on or after January 1, 2017, as outlined in Appendix A to the report (March 31, 2016) from the City Manager.

4.  City Council authorize staff to transfer funding from the 2016 Approved Non-Program

Expenditure budget to the respective 2016 Approved Operating Budget for City Programs, including Toronto Public Health, to provide the necessary funding to implement Council's decision for 2016 and instruct staff to prepare future year budgets accordingly.

 
5.  City Council request the City Manager to report to the Employee and Labour Relations Committee on a comparison of compensation (salary and benefits), direct and indirect, of Toronto's broader public services, union and non-union, the city proper and its agencies; such report to include policy recommendations that may flow from the data with a view to achieve greater equity among various employee groups.

6.  City Council request the City Manager to report back to the Employee and Labour Relations Committee in the fourth quarter of 2016 on 2015 performance pay for management/non-union employees detailing the number of employees exceeding, meeting, meeting-most, and not meeting expectations organized by cluster and the financial impact on the City of Toronto of the pay increases, and on the rate of employee turnover by cluster and to identify particular employee sectors that represent retention pressure points.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council adopt the City of Toronto Social Procurement Program summarized in Appendix A to the report (April 4, 2016) from the Executive Director, Social Development, Finance and Administration, and the Treasurer, together with the Social Procurement Policy detailed in Appendix B to the report (April 4, 2016) from the Executive Director, Social Development, Finance and Administration, and the Treasurer.

2.  City Council direct the City Manager to work with all City division heads to collaboratively implement the City of Toronto Social Procurement Program.

3.  City Council request the City Agencies and City Corporations to develop and implement similar programs and policies.

4.  City Council direct the City Manager to develop a Social Procurement Communications Plan.

5.  City Council request the Executive Director, Social Development, Finance and Administration, and the Treasurer to report back to Executive Committee in May of 2017 with an interim progress report with specific measured achievements to date.

6.  City Council request the Executive Director, Social Development, Finance and Administration, and the Treasurer to report back to Executive Committee in 2018 on the progress of the City of Toronto Social Procurement Program, including:

a.  an analysis of the system-wide costs and benefits of the Program; and

b.  an analysis of the presence of supplier diversity policies in the City's supply chain, and the implications of requiring bidders and proponents to have a supplier diversity policy in order to do business with the City of Toronto.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council request the General Manager, Economic Development and Culture, in consultation with the Deputy City Manager and Chief Financial Officer, to report to Executive Committee in the fall of 2016, on options and recommendations for bringing the loan repayments of the Theatre Centre into compliance with the terms and conditions of a $1 million capital loan guarantee provided by the City.

2.  City Council request the Board of Governors of Exhibition Place, in consultation with the Deputy City Manager and Chief Financial Officer, to report to Executive Committee in the fall of 2016, on options and recommendations for the Board to maintain the long term sustainable repayment of the loan for the Conference Centre based upon a revised business plan and/or other such measures.

3.  City Council request the City Manager and the Deputy City Manager and Chief Financial Officer to report in the fall of 2016 with a revised loan amortization schedule for the Leaside Memorial Gardens Arena Board or other remedy measures to reconcile any remaining previous year end operating deficits in accordance with the loan agreement.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the Medical Officer of Health to enter into agreements totalling $9,992,366 with the Angel Foundation for Learning ($2,492,719) and the Toronto Foundation for Student Success ($7,499,647) to administer the 2016 approved municipal funding to eligible student nutrition programs across the City of Toronto.

2.  City Council authorize the Medical Officer of Health to take the necessary action to give effect to Council's decision, including the execution of legal agreements with the Angel Foundation for Learning and the Toronto Foundation for Student Success on behalf of the City.

 
3.  City Council direct the City Manager to assist the Medical Officer of Health in the Medical Officer of Health's ongoing collaboration with the Partners for Student Nutrition to develop a new governance model for Student Nutrition Toronto that builds upon the existing strengths of the program, disentangles governance from operational responsibilities, responds to future growth in the program, builds capacity in the program for improved fundraising and provides greater community engagement and request the City Manager to report on the result of these efforts to the July 12, 2016 meeting of City Council in advance of the 2017 funding agreements.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council amend the 2016 - 2025 Council-approved Capital Plan for Children’s Services by adding 10 new projects listed in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services, with a total cost of up to $26.90 million, with $21.25 million funded from the Child Care Capital Reserve Fund, and $5.65 million from Development Charges Reserve Fund - Child Care.

2.  City Council express its intent to fund the projects listed in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services to the extent allowable from current and future development charges.

3.  City Council authorize the General Manager, Children’s Services to enter into funding and development agreements with the Toronto District School Board, the Toronto Catholic District School Board and the Toronto Community Housing Corporation, in a form satisfactory to the City Solicitor, to fund the construction of new child care spaces at the locations identified in Appendix A to the report (March 8, 2016) from the General Manager, Children's Services; and to pursue agreements that protect the City's capital investment in child care by requiring lease terms that ensure security of tenure for child care operators that is commensurate with the level of capital investment.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council approve the City’s response to the proposed regulatory changes attached as Appendix A to the report (March 30, 2016) from the General Manager, Children's Services and the General Manager, Parks, Forestry and Recreation.

2.  City Council forward the response to the Premier of Ontario, Minister of Education, and all Toronto Members of Provincial Parliament.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration, and/or designate to:

a.  enter into a new two-year service agreement with the Inner City Family Health Team to provide behavioural and occupational therapy, counselling and other community based rehabilitation to clients participating in the Bridges to Housing project. The maximum amount of the agreement shall not exceed $260,000; and

b.  enter into a new two-year service agreement with Community Living Toronto to provide staffing and the appropriate administrative support to the Bridges to Housing project. The maximum amount of the agreement shall not exceed $138,080.

2.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration to enter into a service agreement and/or related agreement(s), on terms and conditions satisfactory to the City Solicitor, with the Ministry of Community and Social Services or related entity necessary for receipt of funding over a two year period for the Bridges to Housing Project.

3.  City Council amend the 2016 Approved Operating Budget for Shelter, Support and Housing Administration by $484,868 gross, $0 net, with a complement increase of 2 temporary full-time equivalents, to allow for the receipt and allocation of the Provincial funding dedicated to the Bridges to Housing project.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration, and/or designate to enter into a new service agreement with the Centre for Research on Inner City Health at St. Michael's Hospital to provide research and evaluation support for this initiative towards a final evaluation report. The maximum amount of the agreement shall not exceed $50,000.

2.  City Council amend the 2016 Approved Operating Budget for Shelter, Support and Housing Administration by $29,250 gross, $0 net, and include the remaining $20,750 gross and $0 net in the 2017 Operating Budget Submission for Shelter Support and Housing Administration to allow for the receipt and allocation of the Provincial funding dedicated to the evaluation of the Housing Assessment Tool.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the Acting General Manager, Shelter, Support and Housing Administration, to enter into agreements and fund five agencies, for up to $800,000 gross and $0 net, as outlined in Appendix A to the report (March 30, 2016) from the General Manager, Shelter, Support and Housing Adminstration.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council approve the operation of 1652 Keele Street as a Community Hub beginning in the fall of 2016 and onwards.

2.  City Council direct that up to $110,000 be allocated from Community Partnership Investment Program for 2016 to operate 1652 Keele Street as a Community Hub.

3.  City Council direct that the staff complement in the Social Development, Finance and Administration Division be increased by one (1) permanent position so that  Social Development, Finance and Administration staff can anchor the facility, along with tenants, in accordance with the City Council Approved Below Market Rent Policy.

City Council on May 3, 4 and 5, 2016, referred Item ED11.4 back to the Economic Development Committee for further consideration.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council remove the following appointees from the Uptown Yonge Business Improvement Area Board of Management:

Christel Crouin-Saba

Robert Lewocz

Jose Villablanca

2.  City Council direct that Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended to reflect the number of Board members for the Uptown Yonge BIA as sixteen (16) with a quorum of six (6).

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council direct the General Manager, Economic Development and Culture to explore including Guild Park and Gardens as a venue for Nuit Blanche 2017.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council receive the report (March 31, 2016) from the General Manager, Economic Development and Culture for information.

2.  City Council request the General Manager, Economic Development and Culture to make the Economic Dashboard also available in .XML, .JSON, and .CSV formats on the City of Toronto Open Data Portal.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the Chief Corporate Officer to extend the term of Contract No. 47016678 for an additional twenty (20) month term from April 1, 2016 to December 31, 2017 for the provision for Minor Moves under the same pricing, terms and conditions as established with the initial award in a form satisfactory to the City Solicitor.

2.  City Council authorize the Chief Corporate Officer to extend the term of Contract No. 47016758 for an additional seven (7) month term from May 22, 2017 to December 31, 2017 for Asset Management, Inventory, Evaluation and Warehousing of System Furniture Parts and Accessories under the same pricing, terms and conditions as established with the initial award in a form satisfactory to the City Solicitor.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the General Manager, Fleet Services, to enter into an Acknowledgement Agreement with the Province of Ontario to allow for use of their Vendors of Record for Car Share services.

2.  City Council authorize the General Manager, Fleet Services, to enter into separate non-exclusive agreements with each of the Province of Ontario's Vendors of Record for Car Share services as follows:

a.  with Enterprise CarShare for a term of four (4) years and a total value of $100,000 (exclusive of all taxes); and

b.  with Zipcar for a term of four (4) years and a total value of $100,000 (exclusive of all taxes).

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council grant an exemption from the Return on Investment requirement set out in the City's below market rent policy as the tool is under development with Social Development, Finance and Administration Division.

2.  City Council:

a.  authorize the extension (the "Agreement") of a Below Market Rent lease at 34 Riverdale Drive with the Franklin Carmichael Art Group for a five-year term based on the terms and conditions set out in Appendix A to the report (March 16, 2016) from Chief Corporate Officer and the General Manager, Economic Development and Culture, and other terms and conditions deemed appropriate by the Chief Corporate Officer, in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor; and

b.  deem the grant of the Agreement at below fair market rent to be in the interests of the City.

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

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

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council grant an exemption from the Return on Investment requirement set out in the City's below market rent policy as the tool is under development with Social Development, Finance and Administration Division.

2.  City Council:

a.  authorize a lease renewal (the "Agreement") with Scarborough Historical Society for a five-year term based on the terms and conditions set out in Appendix A to the report (March 16, 2016) from the Chief Corporate Officer and the General Manager, Economic Development and Culture, and other terms and conditions deemed appropriate by the Chief Corporate Office,r in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor; and

b.  deem the grant of the Agreement at below market rent to be in the interest of the City.

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

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

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council request the Province of Ontario to cover the funding costs of holding public consultations with respect to implementing maximum indoor temperature standards for rental multi-unit residential buildings.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council endorse the goal of achieving an inclusive and accessible vehicle-for-hire industry that will ensure that all Toronto residents and visitors have equal access to Toronto's vehicle-for-hire industry.

2.  City Council establish a new licensing class "Private Transportation Companies" or "PTCs" that regulate:

a.  any person who offers, operates, or facilitates transportation services for compensation using software, an application, or a telecommunications platform (a “Platform”) to communicate with passengers and PTC Drivers;

b.  any person facilitating transportation that satisfies the definition of carpooling pursuant to the Public Vehicles Act will not be a PTC; and

c.  in this definition "person" includes multiple persons who, acting together, carry on the business of a PTC, despite the fact that no single one of those persons carries on the activity in its entirety, and such persons shall be subject to § 545-2A, and may be held jointly and severally responsible for each others' actions.

3.  Any PTC offering, operating, or facilitating transportation commencing within the City:

a.  requires a PTC licence; and

b.  may only permit a ride to be booked through a smartphone application.

4.  City Council require that, at the time of their application for a PTC Licence, the PTC submit in an electronic format satisfactory to the Executive Director, Municipal Licensing and Standards, information sufficient to describe or demonstrate:

a.  the legal relationship between any persons that, acting together, carry on the business of a PTC, if applicable to an applicant;

b.  that the PTC will have the ability to meet minimum data security and data provisions to Municipal Licensing and Standards as per the business licence requirements;

c.  that the PTC has appropriate agreements, contracts and/or processes in place to screen the criminal and driving histories of drivers providing transportation to passengers through the PTC’s Platform, and to provide such information to Municipal Licensing and Standards per the licence requirements;

d.  that the PTC maintains and can produce, as and when required by Municipal Licensing and Standards or law enforcement, all records in accordance with the licence requirements;

e.  that the PTC maintains and will provide regular daily or weekly updates to the City the records of drivers that have contracted with it to provide services through the PTC’s Platform;

f.  the PTC’s registered business address in the Province of Ontario; and

g.  an indemnity in favour of the City of Toronto from and against claims, demands, losses, costs, damages, actions, suits, or proceedings that arise out of or are attributable to the PTC's business and services.

5.  City Council require that all PTC licences under the Vehicle-for-Hire by-law be issued subject to a six-month probationary period. During the probationary period, the Executive Director, Municipal Licensing and Standards, may conduct random audits or investigations to evaluate compliance with the by-law and suspend or place conditions upon the licence, without a hearing, for up to 14 days at his or her discretion if he or she has reasonable grounds to conclude that the continued operation of the business poses an immediate danger to health or safety of any person or to property.

6.  City Council require that a PTC licence be renewed annually. At the time of each renewal, the PTC will be required to provide documentation sufficient to satisfy the Executive Director, Municipal Licensing and Standards that it has and will continue to meet the PTC licence requirements.

7.  City Council require that all PTC drivers be required to obtain a licence from the City prior to the PTC driver being made active on the platform:

a.  direct that the PTC file the PTC Driver records with the City, for review and approval, prior to the PTC Driver being made active on the PTC platform;

b.  required documentation includes the current documentation required for taxicabs, including:

1. driver full name;

2. copy of unrestricted G provincial drivers licence;

3. vehicle registration including licence plate number, make and model of vehicle;

4. criminal background checks;

5. certificate of insurance;

6. vehicle inspection certificate or equivalent; and

7. driving record checks;

c.  documents can be filed electronically;

d.  PTC driver documents must be submitted annually for renewal of PTC driver licence; and

e.  the City will manage the number of PTC vehicles, as necessary, based on the demand study in Part 30 below.

8.  City Council require that a PTC:

a.  prior to the collection of any personal information, obtain consent for the collection and potential disclosure of personal information to the City for the purposes permitted by the by-law from individuals applying or registering as drivers to provide transportation services to passengers within or from the City;

b.  maintain records of all Criminal Record checks and Driver's Records checks conducted for or provided by all drivers permitted by the PTC to provide transportation commencing in the City;

c.  maintain records of completion and renewal proving that driver successfully meets Screening Criteria, as mandated by the City;

d.  comply with any request for the foregoing information or any request for reports based on the foregoing information that are made by the Executive Director, Municipal Licensing and Standards;

e.  provide the information requested in the format prescribed by the Executive Director within 30 days of the request; and

f.  be prohibited from imposing a mandatory arbitration clause on individuals accepting or making requests for service commencing in Toronto through the PTC or requiring the law of any jurisdiction other than Ontario to be applied in relation to use of the PTC Platform in Toronto and, to the extent that clauses contrary to this requirement are included in any PTC agreement with individuals using its services, such clauses are unenforceable.

9.  City Council require that a PTC maintain business records that include the following information:

a.  For trips involving one passenger commencing or terminating in the City:

i.  pick up location and destination (by reference to the intersection);

ii.  date/time the trip commenced and terminated; and

iii.  length of time elapsing between the passenger’s service request and commencement of the trip.

b.  For trips involving more than one passenger/fare commenced or terminating within the City:

i.  total number of passengers paying separate fares;

ii.  pick up location(s) and destination(s) (by reference to the intersection) for each trip;

iii.  date/times the trip commenced and terminated;

iv.  length of time that elapsed between the time the passenger(s) requested service and the trip commenced for each passenger;

v.  the fare(s) paid for the trip; and

vi.  number of trips involving multiple passengers paying separate fares.

c.  Where requests made for trips to commence or terminate in the City that were not provided as a result of driver cancellation:

i.  Pick-up location and destination (by reference to the intersection); and

ii.  date/time the trip was requested.

10.  City Council require that a PTC maintain and provide driver and vehicle records for all trips commencing in the City, including:

a.  driver name;

b.  vehicle licence plate number;

c.  type of service;

d.  total hours/minutes the driver was available to provide transportation services through the Platform for requested time period;

e.  data reflecting the following periods:

i.  Period 1: time period beginning when a PTC Driver has logged onto a PTC Platform and indicated that they are available to receive or agree to passenger trip requests;

ii.  Period 2: time period beginning when a PTC trip is arranged and concluding when a PTC Driver has arrived at a location to pick up a passenger; and

iii.  Period 3: time period beginning when a PTC Driver picks up a passenger(s) and concluding when the passenger(s) has arrived at their destination(s).

11.  City Council require the PTC to submit to audits of their records as requested by the Executive Director, Municipal Licensing and Standards.

12.  City Council require that where information is needed for law enforcement purposes, the PTC must make records available within 24 hours.

13.  City Council require the PTC to keep records for a minimum of three years.

14.  City Council require PTCs to provide a phone number and e-mail address to which the City may send any communications, including any requests for information required to be provided pursuant to the by-law and the name of the individual responsible for receiving such communications.

15.  City Council require PTCs to create passenger and driver accounts for use by the City for law enforcement purposes, upon request, and prohibit the PTC from obstructing access to those accounts.

16.  City Council require a PTC to disclose on its Platform and make available for the public:

a.  rates to be charged;

b.  the criteria applied by the PTC to drivers and vehicles allowed to operate on or through the Platform;

c.  information on the types or categories of services available to passengers through the Platform and the distinctions between these categories or types of service, if any, including whether drivers registered or affiliated with the PTC and providing service in any category are licensed by Municipal Licensing and Standards;

d.  a plain-language explanation of their insurance coverage, including detailed information on how to initiate a claim; and

e.  advise that personal information collected by the PTC may be disclosed to the City for the purposes of licensing enforcement when the passenger obtains transportation services within or from the City.

17.  City Council define a PTC Driver as any person providing transportation to passengers for compensation through a PTC. Persons providing transportation that meets the definition of carpooling under the Public Vehicles Act shall not be defined as PTC Drivers.

18.  City Council require that in advance of allowing drivers to use the PTC Platform, the PTC must require that drivers:

a.  have met the qualifications for PTC Drivers and have been issued a PTC Driver licence by the City;

b.  must pass Screening Criteria as prescribed by the Executive Director, Municipal Licensing and Standards, which the PTC must evaluate at least once every 12 months for each driver;

c.  provide confirmation that their personal insurance company has been advised that they offer or intend to offer transportation through a PTC;

d.  consent to disclosure of all information provided to PTC to the City and/or law enforcement if requested by City or law enforcement for the purpose of auditing compliance with the by-law, investigating complaints or potential breaches of the by-law, or general law enforcement purposes; and

e.  only permit the owner of a vehicle to be offering transportation through the Platform or confirmation that the owner understands that they are legally responsible for any contraventions of the by-law when their vehicle is being operated to deliver rides through the PTC Platform.

19.  City Council prohibit PTC drivers from picking up passengers at cabstands, soliciting rides, and responding to street-hails, and hold both the PTC and PTC Driver/vehicle owner responsible for any contravention of this prohibition.

20.  City Council require that upon request of Municipal Standards Officers, PTC Drivers produce:

a.  Ontario driver licence;

b.  City-issued PTC licence;

c.  proof of applicable insurance; and

d.  evidence of a trip in progress or the last completed trip.

21.  City Council require a PTC Vehicle owner or driver to submit their vehicle for inspection by a licensed mechanic within 24 hours of being directed by Municipal Licensing and Standards to do so, and prohibit the PTC driver from providing transportation until a mechanic has provided a Safety Standards Certificate confirming that the vehicle is fit to be driven.

22.  City Council prohibit PTC Vehicles from having a roof light or any markings that could make the vehicle look like a taxicab or identify it as available for hire.

23.  City Council direct that a PTC vehicle must display a PTC identifier on the back of the vehicle at all times while operating on the Platform, to be in a form approved by the Executive Director, Municipal Licensing and Standards, or designate.

24.  City Council require that a PTC ensure all PTC drivers and vehicles have Automobile Liability Insurance with limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to people or property as is required by taxicabs, subject to the following.

a.  insurance must be in place and provide coverage from and including the point in time that a request for transportation is accepted by a PTC driver and until the PTC driver has completed a trip carrying any passenger(s);

b.  the policy shall make provision for third party liability coverage that covers paying passengers in an amount not less than $2,000,000;

c.  Municipal Licensing and Standards must be provided 30 days prior notice in writing from the insurer of any cancellation, expiration or variation in the amount of the policy;

d.  if the PTC has a policy in place to satisfy these requirements, the PTC must provide a certificate of the policy to Municipal Licensing and Standards. Where the PTC requires PTC Drivers to have individual policies in place to satisfy these requirements, the PTC shall retain on file a certificate of the policy and produce it to Municipal Licensing and Standards or a law enforcement officer upon request; and

e.  failure to comply with the above insurance requirements will provide the Executive Director of Municipal Licensing and Standards the ability to immediately suspend the PTC licence without a hearing until the insurance policy is compliant.

25.  City Council require a PTC to have commercial general liability business insurance coverage of at least $5,000,000:

a.  Municipal Licensing and Standards must be provided 30 days prior notice in writing from the insurer of any cancellation, expiration or variation in the amount of the policy; and

b. failure to comply with the above insurance requirements will provide the Executive Director, Municipal Licensing and Standards the ability to immediately suspend the PTC licence without a hearing until the insurance policy is compliant.

26.  City Council permit a PTC to set rates for fares provided that there shall be a minimum fare of not less than $3.25, and require a PTC to:

a.  clearly and transparently communicate the amount of all rates to be charged; and

b.  ensure a record is maintained that the passenger accepted the rate prior to the trip commencing.

27.  City Council require that before a trip commences, a PTC must provide passengers with the following information:

a.  vehicle make and model;

b.  PTC Driver first name;

c.  PTC Driver's licence plate number; and

d.  PTC Driver photo, upon request.

28.  City Council require a PTC to provide a print or electronic receipt to the passenger at the conclusion of every trip. The receipt provided must include information on:

a.  all rates, fees and/or surcharges charged for the trip;

b.  total amount paid;

c.  date and time of trip;

d.  location at which the passenger was picked up and location to which the passenger was driven;

e.  driver first name and provincial licence plate number; and

f.  total time and distance of trip.

29.  City Council mandate that any PTC that has more than 500 vehicles affiliated with or registered to provide transportation services be required to provide wheelchair accessible service to the public, in accordance with the following:

a.  accessible PTC services means that wheelchair accessible vehicles are available when requested within wait times that are comparable to non-accessible services and at fares that are the same as basic non-accessible services;

b.  "comparable wait times" means that the time elapsed between the passengers request for service and the arrival of a vehicle at the passenger’s location in response to that request for service is no more than the “average industry wait time” for non-accessible services, as determined annually by the Executive Director, Municipal Licensing and Standards; and

c.  the PTC will report on accessible service delivery, including information on average wait times of accessible PTC vehicles, in a frequency prescribed and form approved by the Executive Director, Municipal Licensing and Standards.

30.  City Council direct the Executive Director, Municipal Licensing and Standards, to procure a consultant to undertake a supply and demand study that assesses and measures the impacts of the volume of PTC vehicles and drivers, as it relates to full-time work in the existing taxicab driver labour market, before and on a regular basis after implementation, in one year and every two years after that.

31.  City Council amend vehicle requirements by:

a.  permitting Ambassador and Standard taxicabs, effective immediately, to:

i.  be no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and

ii.  carry a maximum of 7 passengers plus the driver;

b.  permitting TTLs, effective immediately, to:

i.  be an accessible vehicle no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and

ii.  carry a maximum of 7 passengers plus the driver;

c.  permitting limousine sedans, effective immediately, to:

i.  be no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and

ii.  carry a maximum of 7 passengers plus the driver;

d.  permitting PTC vehicles to:

i.  be no more than 7 model years old, but be permitted at any time within the 7 model years;

ii.  carry a maximum of 7 passengers plus the driver; and

iii.  be any four-door vehicle.

32.  City Council direct that the qualifications for taxicab, limousine and PTC vehicle drivers include a requirement that all drivers licensed by the City of Toronto be 18 years of age or older, hold a valid unrestricted G Class Ontario driver's license, and have at least one year driving history. 

33.  City Council require that every vehicle used as a taxicab, limousine or private vehicle-for-hire be equipped with four snow tires or all-weather tires, every year from December 1st to April 30th.

34.  City Council require that all taxicab, limousine and private vehicle for hire drivers be able to communicate in English.

35.  City Council require that all taxicab, limousine and PTC Vehicles pass mechanical inspections, as follows:

a.  require all taxicabs, limousines and PTC vehicles to be inspected at City-run facilities twice per year until an alternate vehicle inspection program is developed;

b.  City-run facility will be at cost recovery;

c.  develop an alternate vehicle inspection program that allows all vehicles to use Ministry of Transportation Safety Standards Certificates provided by City-approved, pre-qualified inspection facilities; and

d.  taxicabs, limousines and PTCs to submit to Municipal Licensing and Standards a Safety Standards Certificate, every 6 months, unless the taxicab, limousine or PTC vehicle has travelled less than 40,000 kilometres in the previous year, where the vehicle will then be required to obtain a Safety Standards Certificate once per year.

36.  City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to establish policies and guidelines with respect to public safety and to establish thresholds for criminal and background screening, driving record checks, and other standards applicable to the issuance and renewal of all Vehicle-for-Hire licences and to a driver's access to and use of a PTC Platform, referenced as "Screening Criteria" as outlined in Attachment 2 to the report (March 31, 2016) of the Executive Director, Municipal Licensing and Standards.

37. City Council require that taxicabs charge the City-regulated taxicab rate when a customer either street-hails or uses a cabstand to hire a taxicab and direct the Executive Director, Municipal Licensing and Standards to review the rate within the year.

38.  City Council permit the use of electronic taximeters that meet security criteria and other standards to be established by the Executive Director, Municipal Licensing and Standards, and remove the current requirement to seal taximeters, effective immediately.

39.  City Council permit Taxicab Brokerages to offer rates:

a.  discounted from City-regulated rates if the passenger books the trip through the Taxicab Brokerage, effective immediately, where:

i.  the taximeter can display the applicable rate to be charged for that trip;

ii.  the broker has set and posted its rates and/or discounts for taxicabs; and

iii.  the rate charged does not exceed the maximum fare as calculated by the meter at the City-regulated rates; and

b.  above the City-regulated rate where the taxicab is booked through a Smartphone enabled Application, and require the Taxicab Brokerage to:

i.  clearly and transparently communicate the amount and rate to be charged;

ii.  ensure a record is maintained that the passenger accepted the rate prior to the trip commencing; and

iii.  provide a print or electronic receipt to the passenger at the conclusion of every trip. The receipt must include: all rates, fees, and/or surcharges for the trip; total amount paid; date and time of the trip; location at which the passenger was picked up and location to which the passenger was driven; driver name and taxicab number; and total time and distance of trip.

40.  City Council not require that Taxicab Brokers pay the taxicab driver the difference between the discounted or flat rate and the City-regulated rate, effective immediately.

41.  City Council direct that Brokerages be permitted to submit driver records on behalf of taxicab drivers.

42.  City Council permit Taxicab Brokers as part of their Taxicab Brokers licence to be allowed the management of a taxicab license, and be able to rent it or lease it to a licensed driver on behalf of the owner. The Taxicab brokers can designate an individual who is a signing officer or employee of the said corporation. 

43.  City Council permit Taxicab brokers to rent or lease the taxicab licence to the taxicab driver on a daily, weekly, or monthly basis.

44.  City Council delete the required minimum owner-operator hours for Ambassador taxicab, Toronto Taxicab, and Wheelchair Accessible taxicab owners.

45.  City Council delete the requirement that a Toronto Taxicab Licence be issued upon the sale of a Standard or Ambassador taxicab.

46.  City Council direct that all Ambassador taxicabs be deemed to be Standard Taxicabs, effective immediately.

47.  City Council direct that when a Standard taxicab vehicle is sold, the new purchaser may be issued a Standard taxicab licence, subject to meeting the requirements of a qualified purchaser.

48.  City Council remove restrictions that prohibit a person from owning more than one taxicab.

49.  City Council remove the provisions that restricts taxicab owners from incorporating.

50.  City Council replace the existing taxicab and limousine driver licence classes and create a new "Vehicle-for-Hire Driver" licence class to permit licensed drivers to operate either taxicabs or limousines to be issued to all new taxicab or limousine driver applicants and to all existing taxicab or limousine drivers at the time of their licence renewal.

51.  City Council direct amendments to the Drivers' Waiting List:

a.  remove the annual filing requirements for drivers to maintain their place on the Drivers' Waiting List; and

b.  freeze the Drivers' Waiting List effective May 4, 2016 (for those who are in good standing as at that date).

52.  City Council direct the Executive Director, Municipal Licensing and Standards to report back once all drivers on the Drivers' Waiting List have been offered the opportunity to obtain a Toronto Taxicab licence with a proposal to address future taxicab licence issuance, as necessary.

53.  City Council direct that the requirements for all taxicab vehicles to attend initial and semi-annual mechanical and fitness inspections at the City inspection centre, and attend all other inspections as necessary, remain.

54.  City Council require that any advertising on taxicabs not interfere with or reduce visibility of taxicab identification and remove requirement that advertising on taxicabs be approved by Municipal Licensing and Standards.

55.  City Council direct that the existing requirement for taxicab vehicles to carry insurance at $2,000,000 dollars of liability coverage to protect passengers and drivers is retained.

56.  City Council require that all drivers of accessible vehicle-for-hire services complete a training program that meets the criteria set out by the Executive Director, Municipal Licensing and Standards, including refresher training.

57.  City Council delete the requirement that owners and drivers of non-accessible taxicabs complete initial and refresher training programs to obtain a licence, effective immediately.

58.  City Council delete the requirement that taxicab drivers and owners complete CPR training and First Aid certification as a condition of licensing, effective immediately.

59.  City Council delete provisions governing lease agreements between taxicab owners and lessees.

60.  City Council establish a new licensing class for "Taxicab Operators". A Taxicab Operator is an individual or corporation responsible for the management or control of a taxicab vehicle on behalf of the owner. The Taxicab Operator may be listed as a co-owner of the vehicle used as a taxicab on the vehicle registration.

61.  City Council require that individuals or corporations licensed as a Taxicab Operators must:

a.  rent taxicabs to licensed vehicle-for-hire drivers on a shift basis only;

b.  maintain a list of licensed drivers who are renting taxicabs from the Taxicab Operator and keep records for 12 months;

c.  maintain records that detail date and time of which taxicab was rented by which driver and keep records for 12 months;

d.  ensure that each taxicab:

i. is free from mechanical defects;

ii.  is properly equipped as per the by-law;

iii.  has a clean exterior and interior; and

iv.  is in good repair as to its exterior and interior;

e.  provide an itemized receipt to drivers for shift rentals, and maintain records of receipts for a minimum of one year;

f.  ensure that place of business complies with zoning and all other applicable by-laws; and

g.  provide records described in Parts 61a. to f. above to Municipal Licensing and Standards within 5 business days of request.

62.  City Council require that any individual or corporation who enters into an agreement assuming responsibility for the management or control of a vehicle operating as a taxicab must hold a Taxicab Operator's Licence.

63.  City Council permit a Taxicab Operator to enter into agreements to manage or control more than one taxicab at a time.

64.  City Council prohibit more than one Taxicab Operator from managing or having control of a single taxicab vehicle at any one time.

65.  City Council require that a taxicab owner remains responsible for ensuring that the taxicab is maintained and managed in a manner that is compliant with the requirements of the Vehicle-for-Hire By-law, even when the owner engages a Taxicab Operator.

66.  City Council require that taxicab owners file notice with Municipal Licensing and Standards if they have entered into an agreement with a Taxicab Operator, and ensure that this information remains current by advising Municipal Licensing and Standards in writing within 7 days of any change, in a form approved by the Executive Director, Municipal Licensing and Standards.

67.  City Council direct that the effective date for implementation of the Taxicab Operator's licence be July 15, 2016, and permit a one year phase-in of the requirements, and that the application requirements for the licence be as prescribed in the general provisions of the by-law.

68.  City Council delete the requirement for limousine owners and drivers to complete the initial and refresher training programs as a condition of licensing, effective immediately.

69. City Council delete the requirement for limousine owners and drivers to complete CPR training and obtain First Aid certification as a condition of licensing, effective immediately.

70.  City Council direct that all existing requirements for limousine vehicles, not amended, be retained such as:

a.  current insurance requirements for limousines at $2,000,000 of liability coverage to protect passengers and drivers; and

b.  prohibition from having a roof light or any markings that could make the vehicle look like a taxicab.

71.  City Council amend Chapter 441 by:

a.  eliminating the application fee for Standard Taxicab Owner licence in Attachment 2 to the supplementary report (April 29, 2016) from the Executive Director, Municipal Licensing and Standards; and

b.  adopting the balance of the fees in Attachment 2 to the supplementary report (April 29, 2016) from the Executive Director, Municipal Licensing and Standards, as amended by Part 71a above, as follows:

72.  City Council waive licence application and renewal fees for accessible taxicab licences (TTL), Wheelchair accessible taxicab owners, and any taxicab owner who has a D409 compliant wheelchair accessible vehicle, effective immediately and retroactive to January 1, 2016.

73.  City Council waive training fees for taxicab drivers and owners who want to be trained to drive accessible taxicab vehicles, effective immediately.

74.  City Council direct the Executive Director, Municipal Licensing and Standards to undertake the work necessary to issue any refunds resulting from the retroactive fee reductions and/or the waiving of existing fees.

75.  City Council direct that the current requirement for cameras in taxicabs be maintained and direct the Executive Director, Municipal Licensing and Standards to report back in the first quarter of 2017 on the need for cameras and other safety features required in all for hire vehicles.

76.  City Council approve amendments to reduce administrative requirements by deleting sections in the by-law, as contained in Attachment 3 to the report (March 31, 2016) of the Executive Director, Municipal Licensing and Standards, as follows: 

Amendments to Reduce Administrative Requirements TMC Chapter 545

Not otherwise specified in a Council's decision, and to include all other provisions pertaining to same subject matter, equally across the taxicab and limousine related articles.

Delete provisions to address:

Amend provisions to address:

Deletions from TMC Chapter 545, Licensing Addressing consistency

with Municipal and Provincial legislation

Governed by Motor Vehicle Safety Act - redundant

141.1 (6)        Requirement for a centre, rear high-mounted stop lamp

Governed by Highway Traffic Act - redundant

147.2 (Q)     Provision requiring driver to report accident to employer

(Accident reporting requirements are governed by HTA)

Governed by Highway Traffic Act - contradictory

147.6.           Transportation of children to or from school.

(Permits taxicab driver to carry one more child than it is designed to carry)

77.  City Council authorize the City Solicitor to review and make revisions to the remaining parts of the by-law to ensure consistency with provisions that are governed by other municipal and provincial legislation.

78.  City Council direct that the by-laws governing taxicabs and limousines, and the directions arising from Council's decision be combined to create a Vehicle-for-Hire by-law that governs taxicabs, limousines and Private Transportation Companies (PTC), based on City Council's decision.

79.  City Council direct the City Solicitor to import all relevant general provisions, excluding Appendix K, and including all taxicab and limousine related schedules and articles from Toronto Municipal Code Chapter 545, Licensing, to facilitate the creation of the new Vehicle-for-Hire By-law, as prescribed, and including amendments as deemed necessary.

80.  City Council direct that the City Solicitor may report directly to Council for instructions if, in the course of drafting the by-law, the City Solicitor determines that there are provisions or issues relating to taxicab, limousine, or PTC licensing on which further instruction is appropriate. 

81.  City Council direct that all provisions of the new Vehicle-for-Hire by-law, including the amendments to licensing fees in Chapter 441, will come into effect on July 15, 2016 unless otherwise stated.

82.  City Council direct that the maximum fines that may be imposed in respect of offences under the new Vehicle-for-Hire by-law be increased from $25,000 to $50,000 for individuals (including directors or officers of a corporation) and from $50,000 to $100,000 for corporations.

83.  City Council establish special fines that may apply in addition to the regular fine imposed for a contravention of the by-law where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the by-law.

84. City Council require that the maximum penalty provisions apply to licensees who fail to comply with any provisions related to record retention, record disclosure to Municipal Licensing and Standards, or audits.

85.  City Council establish that directors or officers of a corporation knowingly concurring in the contravention of any offence under the by-law by the corporation are guilty of an offence.

86.  City Council direct that City Agencies, Boards and Commissions shall be required to utilize licensed taxicabs to service contracts, when they require vehicle for hire services.

87.  City Council direct the City Manager to use the new regulatory framework to begin a conversation with the provincial government, other municipalities and planning authorities to develop a more integrated approach to transit and transportation policy

88.  City Council request the Province of Ontario to regulate Private Transportation Companies.

89.  City Council request the Ministry of Finance to approve new flexible insurance products for the taxicab industry.

90.  City Council request the Province of Ontario to amend the Highway Traffic Act to strengthen enforcement powers and amend penalties in relation to municipal vehicle-for-hire by-laws, including the ability to:

a.  tie outstanding violations to plate denial;

b.  issue higher fines (not less than $500 and no more than $30,000);

c.  apply demerit points for non-compliance; and

d.  impose administrative licence suspensions.

91.  City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to issue interpretation bulletins or guidelines on matters relating to the Vehicle-for-Hire by-law when enacted from time to time, as she or he deems advisable or necessary.

92.  City Council direct the Executive Director, Municipal Licensing and Standards to report on:

a.  the feasibility of lowering the fee for Standard Plate owner renewals by 75 percent;

b.  the feasibility of establishing a transition fund for taxicab plate owners who investments have been negatively impacted by new market entrants;

c.  the outcome of a study that assesses and measures the impacts of the volume of PTC vehicles and drivers; and

d.  the practicality of all rules and regulations, such review to include a rigorous performance measure system to be completed in the next 24 months.

and City Council further direct the Executive Director, Municipal Licensing and Standards to report back on Parts 92a and b above by September 2016

93.  City Council direct the Executive Director, Municipal Licensing and Standard to report back by the third quarter of 2017 on an incentive program to reduce vehicle emissions in the ground transportation industry.

94.  City Council approve a net overall increase to Municipal Licensing and Standards divisional complement by 10 FTE comprised of 5 permanent and 5 temporary full-time FTE.

95.  City Council direct the Executive Director, Municipal Licensing and Standards to monitor the impact on revenues and expenditures resulting from Council's decision on Ground Transportation fees and related activities, report on any variances resulting from these recommendations to their 2016 budget through quarterly variance reports and provide any required budget adjustments for Council's consideration as part of the 2017 Budget process based on actual activity experienced.

96.  City Council direct the Executive Director, Municipal Licensing and Standards to report through the 2017 budget process on full-year budget impacts of the changes approved by City Council.

97.  City Council direct the Executive Director, Municipal Licensing and Standards to take efforts to manage expenditures to mitigate the 2016 financial impact associated with the timing of the changes approved by City Council.

98.  City Council direct the Executive Director, Municipal Licensing and Standards to report back to the appropriate standing committee in the third quarter of 2016 on a strategy to collect funds from all non-accessible vehicles-for-hire- to provide incentives to increase the number of on-demand, metered accessible taxicabs available to the public as well as creating a working group composed of stakeholders (such as staff in the Equity, Diversity and Human Rights Office) and accessibility experts and advocates to, amongst other issues, develop a funding program and process that will advance inclusive on-demand ground transportation for all users and an Accessibility Strategy which includes access and service standards, car design, training, etc.

99.  City Council request the Executive Director, Municipal Licensing and Standards to consider, as part of her report back to the appropriate standing committee in Part 98 above on a strategy to collect funds from all non-accessible vehicles-for-hire, a $0.10 levy from each taxicab, limousine and PTC vehicle fare be paid to be applied for the development of an Accessibility Fund to be administered by the Municipal Licensing and Standards Division, with the proceeds from such a Fund to be used to provide a grant to licensed taxicab, limousine or PTC vehicle drivers who wish to purchase a wheelchair accessible vehicle.

100.  City Council direct the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee within one year from the date of enactment of the new by-law, with an update on the implementation and outcomes of the by-law, and on the effectiveness of Council's decision on this Item.

101.  City Council direct that Confidential Attachment 1 to supplementary report (April 29, 2016) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. 

Confidential Attachment 1 to supplementary report (April 29, 2016) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council direct the City Solicitor to request that the Ontario Municipal Board approve the extension of the Transition Clause Repeal period in regulation 2.1.3.8(1) of the City-wide Zoning By-law 569-2013, from May 9, 2016 to May 9, 2018.

2.  City Council authorize the City Solicitor to proceed with settlements to By-law 569-2013 by way of motion if the settlement results in changes that in the opinion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, are minor and substantially in accordance with Council's approved intent in By-law 569-2013.

3.  City Council authorize the City Solicitor to take all necessary steps to implement Council's decision.

City Council on May 3, 4 and 5, 2016, adopted the following:

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council approve the installation of bicycle lanes in the following locations, as described in Appendix 12 - Amendments to Bicycle Lane Designations, attached to the report (March 30, 2016) from the General Manager, Transportation Services:

a.  Argyle Street, westbound curb lane between Ossington Avenue and 15 metres east of Ossington Avenue;

b.  Dundas Street West, between Dupont Street and Dundas Street West;

c.  Ellis Avenue, between The Queensway and the Martin Goodman Trail;

d.  Dr. Emily Stowe Way, between College Street West and Grenville Street;

e.  Havelock Street, between Lindsey Avenue and College Street West;

f.  Howland Avenue Rail Underpass, between Bridgemen Avenue and 62 metres south thereof;

g.  Logan Avenue, between Bain Avenue and McConnell Avenue;

h.  Sheppard Avenue West bridge over Addington Greenbelt;

i.  St. Clair Avenue East bridge over Yellow Creek; 

j.  Sumach Street, between King Street East and Queen Street East; and

k.  Lansdowne Avenue, between College Street and Dundas Street West.

2.  City Council enact the traffic and parking regulation amendments associated with Part 1 above as described in Appendix 13 attached to the report (March 30, 2016) from the General Manager, Transportation Services.

3.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the Council's decision, including the introduction of all necessary bills.

City Council on May 3, 4 and 5, 2016, referred Item PW12.15 to the Executive Committee for consideration.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council amend the Official Plan for the Apartment Neighbourhoods designated lands in the Humbertown Study Area, substantially in accordance with the proposed draft Official Plan Amendment attached as Attachment 4 to the report (February 4, 2016) from the Director, Community Planning, Etobicoke York District.

2.  City Council adopt the Edenbridge-Humber Valley Apartment Neighbourhood Design Guidelines attached as Attachment 6 to the report (February 4, 2016) from the Director, Community Planning, Etobicoke York District, and direct staff to use these Guidelines in the review of all new development applications in the Humbertown Study Area.

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan Amendment as may be required.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.   City Council amend the Official Plan for the lands at 121 City View Drive substantially in accordance with the draft Official Plan Amendment attached as Attachment 1 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

2.   City Council amend the former City of Etobicoke Zoning Code for the lands at 121 City View Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

3.   City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 121 City View Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 3 to the supplementary report (April 4, 2016) from the Director, Community Planning, Etobicoke York District.

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

5.   Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council include the property at 24 Marina Avenue on the City of Toronto's Heritage Register.

2.  City Council state its intention to designate the property at 69 Long Branch Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation):  69 Long Branch Avenue attached as Attachment 3 to the report (February 29, 2016) from the Chief Planner and Executive Director, City Planning.

3.  City Council state its intention to designate the property at 24 Marina Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation):  24 Marina Avenue attached as Attachment 4 to the report (February 29, 2016) from the Chief Planner and Executive Director, City Planning.

4.  If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

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

6.  If the designations are 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 designations of the properties.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council deny the request for a permit to remove one (1) City-owned tree located at 22 Edenbrook Hill.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council deny the request for a permit to remove one (1) privately-owned tree located at 41 Hallow Crescent.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council deny the request for a permit to remove one (1) privately-owned tree located at 9 Sunnydale Drive.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council designate a one-way traffic lane anytime regulation for the northerly westbound lane on Dundas Street West, between East Mall Crescent and a point 30.5 metres east, in the westbound right-turning direction, buses exempted.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council rescind the westbound left-turn prohibition in effect at all times at John Street and Weston Road.

2.  City Council rescind the southbound left-turn prohibition in effect at all times at Weston Road and Lawrence Avenue West.

City Council on May 3, 4 and 5, 2016, adopted the following:

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager, Fire Services in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880- Fire Routes:

-  10 Old Mill Trail

-  2141 Kipling Avenue.

2.  City Council authorize the Fire Chief and General Manager, Fire Services and City Solicitor to take the appropriate action to make a designated Fire Route.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council direct the City Solicitor, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board hearing for Case # PL151212 to support the Committee of Adjustment’s refusal of the requested consent and variances for 58 Ash Crescent.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council direct the City Solicitor, City Planning, and appropriate City staff to attend the Ontario Municipal Board hearing to support the Committee of Adjustment’s refusal of the requested variances respecting 2504 Lake Shore Boulevard West and authorize the City Solicitor to retain outside consultants as necessary.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council support Blood Brothers Brewing application to the Alcohol and Gaming Commission of Ontario for a Manufacturer's Limited Liquor Sales Licence for a bottle shop and tasting room to sell and serve craft beer for consumption by patrons at its location at 165 Geary Avenue, and direct the City Clerk to advise the Alcohol and Gaming Commission of Ontario accordingly.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council direct the City Solicitor to attend and to retain an outside planning consultant to appear at the Ontario Municipal Board along with appropriate City staff to support the March 10, 2016 Committee of Adjustment’s refusal of the requested minor variances regarding 65 Holyoake Crescent (Application A99/16EYK).

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council approve the alteration to the heritage property at 172 Finch Avenue West, in accordance with Section 33 of the Ontario Heritage Act, to allow for the relocation of the historic Arthur Waine House to the rear of the designated property in accordance with the "Schedule 'A' Revised Drawings" dated October 19, 2015, prepared by Quadrangle Architects Limited, attached to the Ontario Municipal Board decision issued on October 23, 2015, Ontario Municipal Board Case No. PL141059; and substantially in accordance with the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2013 and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. that prior to final Site Plan approval for the alteration to the property located at 172 Finch Avenue West the owner shall:

i. enter into a Heritage Easement Agreement with the City for the property at 172 Finch Avenue West in accordance with the plans and drawings dated October 19, 2015, prepared by Quadrangle Architects Limited, attached to the Ontario Municipal Board decision issued on October 23, 2015, Ontario Municipal Board Case No. PL141059, on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Part 1.a.iii below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

ii. at its sole cost and expense, register the Heritage Easement Agreement on title to the satisfaction of the City Solicitor;

iii. provide a detailed Conservation Plan prepared by a qualified heritage consultant that includes, but is not limited to, a comprehensive Building Relocation Plan prepared by a qualified engineer and an Interpretation Plan that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 172 Finch Avenue West prepared by ERA Architects Inc. dated May 9, 2013, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iv. provide final site plan drawings related to the approved Conservation Plan required in Part 1.a.iii above, to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. that prior to the issuance of any permit for all or any part of the property at 172 Finch Avenue West, including a heritage permit or a building permit but excluding permits for repairs, maintenance and usual and minor works acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

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

ii. provide full building permit drawings, including notes and specifications for the relocations, conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.iii above, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

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

c. that prior to the release of the Letter of Credit required in Part 1.b.iii above, the owner shall:

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

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

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 172 Finch Avenue West in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 172 Finch Avenue West.

4. City Council amend By-law No. 1597-2012 under Section 30.1(1) of the Ontario Heritage Act to revise the legal description following the relocation of the Arthur Waine House in accordance with the alterations set out in Council's decision.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council include the property at 217 Sheldrake Boulevard on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 217 Sheldrake Boulevard under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 217 Sheldrake Boulevard (Reasons for Designation) attached as Attachment 3 to the report (February 29, 2016) from the Chief Planner and Executive Director, City Planning.

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

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

5. 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.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council approve the installation of traffic control signals at the intersection of Bayview Avenue and Brenham Crescent/Private Driveway to 3377 Bayview Avenue.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council amend the "No Parking Anytime" regulation on the north side of Gateway Boulevard, between Don Mills Road and a point 189.1 metres east to be in effect between Don Mills Road and a point 145 metres east.

2. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m., Monday to Friday on the north side of Gateway Boulevard, between a point 145 metres east of Don Mills Road and a point 77 metres further east.

3. City Council prohibit parking from 4:00 p.m., to 8:00 a.m. the next day, Monday to Friday and all times Saturday and Sunday on the north side of Gateway Boulevard, between a point 145 metres east of Don Mills Road and a point 77 metres further east.

4. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m. Monday to Friday on the west side of Gateway Boulevard, between a point 40 metres north of Grenoble Drive (south intersection) and a point 28 metres further north.

5. City Council approve parking for a maximum period of 10 minutes, from 8:00 a.m. to 4:00 p.m. Monday to Friday on the west side of Gateway Boulevard, between a point 105 metres north of Grenoble Drive (south intersection) and a point 28 metres further north.

6. City Council prohibit parking at all times on the west side of Gateway Boulevard, between Grenoble Drive (south intersection) and a point 40 metres further north.

7. City Council prohibit parking at all times on the west side of Gateway Boulevard, between a point 68 metres north of Grenoble Drive (south intersection) and a point 37 metres further north.

 
8. City Council amend the "No Stopping, 8:00 a.m. to 6:00 p.m., Monday to Friday" regulation on the north and west side of Gateway Boulevard, between a point 189.1 metres east of Don Mills Road and a point 503.3 metres east of Don Mills Road to be in effect between a point 240 metres east of Don Mills Road and Grenoble Drive (south intersection).

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council direct Transportation Services staff to replace the "Do Not Block Driveway" sign adjacent to the driveway with a sign at least 50 percent larger.

2. City Council direct Transportation Services staff to install a flashing warning sign coordinated with the traffic signals at Bayview and Finch, with a "Driveway Ahead" sign and a "Prepare to Stop When Flashing" sign, as shown on Attachment 2 to the memo (March 16, 2016) from Councillor Shiner, on Finch Avenue East, 15 metres west of Gaspe Road.

3. City Council authorize the appropriate staff to prepare the appropriate bylaw to give effect to Council's decision.

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager, Fire Services in respect of the municipal address set out below, as a fire route pursuant to Municipal Code Chapter 880- Fire Routes:

a. 877 Wilson Avenue

2. City Council authorize the Fire Chief and General Manager, Fire Services and City Solicitor to take the appropriate action to make a designated Fire Route.  

City Council on May 3, 4 and 5, 2016, adopted the following:

1. City Council approve the Quad Student Residences at York University Public Art Plan, attached as Attachment 1 to the report (March 10, 2016), from the Director, Urban Design.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission of Ontario that it has no objection to:

a. allowing for an outside beer garden for the Second Annual Scarborough Community Multicultural Festival, to be held on August 5, 6 and 7, 2016 from 10:00 a.m. to 9:00 p.m., at Scarborough Civic Centre - Albert Campbell Square, 150 Borough Drive; noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way, subject to the applicant submitting and receiving approval of a Security Plan (including the use of paid duty officers) by the Toronto Police Service and subject to confirmation of paid duty officers for the event by 12 noon on Thursday July 21, 2016;

  
b. allowing for an outside beer garden for the 31st Annual Highland Creek Heritage Day Festival, to be held on Saturday, June 18, 2016, from 11:00 a.m. to 11:59 p.m., in the Highland Creek Village in the vicinity of Morrish Road and Old Kingston Road; noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way; and

c. the following restaurants temporarily extending their patios during the Taste of Lawrence Festival on Friday, July 8, 2016 from 6:00 p.m. to 12:00 midnight; on Saturday, July 9, 2016 from 11:00 a.m. to 12:00 midnight; and on Sunday, July 10, 2016 from 11:00 a.m. to 7:00 p.m.:

Winner's Bar & Grill – 2181 Lawrence Avenue East
Diana's Oyster Bar & Grill – 2105 Lawrence Avenue East
The Wexford Restaurant - 2072 Lawrence Avenue East 

noting that the applicant is required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of common elements condominium for the lands at 538-540 Eglinton Avenue East, as generally illustrated on Attachment 1 to the report (March 3, 2016) from the Director, Community Planning, Toronto and East York District, subject to:

a.  the conditions as generally listed in Attachment 2 to the report (March 3, 2016) from the Director, Community Planning, Toronto and East York District which except as otherwise noted must be fulfilled prior to the final approval and the release of the plan of condominium for registration; and

b.  any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 215-229 Church Street and 117 Dundas Street East and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (March 15, 2016) from the Director, Community Planning, Toronto and East York District.

2.  City Council authorize City staff to continue discussions with the applicant in order to come to an agreement on an appropriate built form that, among other things, ensures the tower including accommodations for construction does not intrude into the St. Michael's Hospital helicopter flight path and to secure appropriate Section 37 community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.  City Council direct the City Solicitor to request the Ontario Municipal Board, in the event the Ontario Municipal Board allows the appeal and permits additional height or density, or some variation, to:

a.  Secure the following community benefits with the final allocation determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor's office and enter into and register an Agreement to secure those benefits, pursuant to Section 37 of the Planning Act:

A payment to the City in the amount up to $ 3.9 million based on applications height and density (indexed to reflect increases in the Construction Price Statistics between the date of the Ontario Municipal Board Order and the delivery of such payment), for capital improvements in the vicinity of the site for one or more of the following:

i.  conservation of publicly owned heritage resources and/or including the heritage component of the Seaton House redevelopment project;

ii.  John Innes Community Recreation Centre/Moss Park Arena;

iii.  affordable housing; and

iv.  community/cultural space;

provided that in the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site;

b.  As a legal convenience, secure the following in the Section 37 Agreement to support the development:

i.  the Owner be required to pay for and construct any improvements to the municipal infrastructure in connection with a Functional Servicing Report as accepted by the City's Executive Director, Engineering and Construction Services should such Director determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Executive Director, Engineering and Construction Services; and

c.  Withhold its Order allowing the appeal in whole or in part allowing the Zoning By-law Amendment until:

i.  the Owner has entered into an Agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure appropriate public benefits and the Section 37 Agreement has been registered on title to the site to the satisfaction of the City Solicitor;

ii.  the Ontario Municipal Board has been provided with a proposed Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Zoning By-law Amendment is in a form satisfactory to the City; and

iii.  the Ontario Municipal Board has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director, Engineering and Construction Services.

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to Council's decision.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council approve the alterations to the heritage property at 175 Jones Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the alterations to and adaptive re-use of the existing church building on the lands known municipally in the year 2016 as 175 Jones Avenue, with such alterations substantially in accordance with plans and drawings dated February 5, 2016, prepared by Open Architects Inc., date-stamped received by Heritage Preservation Services February 26, 2016, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by Architects Rasch Eckler Associates Ltd., dated July 31, 2015, date-stamped received by City Planning on September 30, 2015, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  that prior to Final Site Plan approval for the alterations to the property located at 175 Jones Avenue the owner shall:

i.  enter into a Heritage Easement Agreement with the City for the property at 175 Jones Avenue in accordance with the plans and drawings dated February 5, 2016, prepared by Open Architects Inc., date-stamped received by Heritage Preservation Services February 26, 2016, and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Part 1.a.ii. below to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

ii.  provide a Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 175 Jones Avenue, prepared by Architects Rasch Eckler Associates Ltd., dated July 31, 2015, to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  provide final site plan drawings related to the approved Conservation Plan required in Part 1.a.ii. above to the satisfaction of the Senior Manager, Heritage Preservation Services; and

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

b.  that prior to the issuance of any permit for all or any part of the property at 175 Jones Avenue, including a heritage permit or a building permit, but excluding permits for interior work not affecting the heritage attributes of the property, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services:

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

ii.  provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.ii. above, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

c.  that prior to the release of the Letter of Credit required in Part 1.b.iv. above, the owner shall:

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

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

2.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 175 Jones Avenue in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

3.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a heritage easement agreement for the property at 175 Jones Avenue.

City Council on May 3, 4 and 5, 2016, adopted the following:

1.  City Council approve the alterations to the heritage properties at 650, 658 and 660 Broadview Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new addition on the lands known municipally in the year 2016 as 650, 658 and 660 Broadview Avenue, with such alterations substantially in accordance with plans and drawings dated February 10, 2016, prepared by Montgomery Sisam Architects Inc, date-stamped received by Heritage Preservation Services February 19, 2016, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by Goldsmith Borgal & Company Ltd. Architects, dated October 21, 2015, date-stamped received by City Planning on November 27, 2015, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  that prior to Final Site Plan approval for the alterations to the properties located at 650, 658 and 660 Broadview the owner shall:

i.  provide a Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 650, 658 and 660 Broadview Avenue, prepared by Goldsmith Borgal & Company Ltd. Architects, dated October 21, 2015, to the satisfaction of the Senior Manager, Heritage Preservation Services;

ii.  provide final site plan drawings related to the approved Conservation Plan required in Part 1.a.i. above, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iii.  provide a Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b.  that prior to the issuance of any permit for all or any part of the properties at 650, 658 and 660 Broadview Avenue, including a heritage permit or a building permit, but excluding permits for interior work not affecting the heritage attributes of the property, repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services;

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

ii.  provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.i. above, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council state its intention to designate the property at 650 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 650 Broadview Avenue (Reasons for Designation) attached as Attachment 7 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning.

3.  City Council state its intention to designate the property at 658 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 658 Broadview Avenue (Reasons for Designation) attached as Attachment 8 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning.

4.  City Council state its intention to designate the property at 660 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 660 Broadview Avenue (Reasons for Designation) attached as Attachment 9 to the report (March 2, 2016) from the Chief Planner and Executive Director, City Planning.

5.  If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the properties at 650, 658 and 660 Broadview Avenue under Part IV, Section 29 of the Ontario Heritage Act.

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

7.  If the designations are 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 properties at 650, 658 and 660 Broadview Avenue.