Decisions

CALL TO ORDER: 9:37 a.m.

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

The meeting opened with O Canada.

Wednesday, October 2, 2019

Members of Council observed a moment of silence and remembered:

Graeme Gibson

Jeanne Patricia Milovanovic

David Lewis Stein

Speaker Nunziata and Councillor Colle addressed City Council about David Lewis Stein and Speaker Nunziata acknowledged Mr. Stein's family and friends who were present in the Chamber.

Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples.  Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit.

Thursday, October 3, 2019

Members of Council observed a moment of silence and remembered Joan Myrtle Roberts.

City Council confirmed the Minutes of Council from the regular meeting held on July 16, 17 and 18, 2019.

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

No petitions were filed during the Routine Matters portion of the meeting.

Various presentations, introductions and announcements were made to City Council on October 2 and 3, 2019.

Wednesday, October 2, 2019:

Councillor Matlow and Councillor Colle, during the morning session of the meeting, addressed City Council about the late former Councillor Anne Johnston, who was commemorated with a Condolence Motion at the July 16, 17 and 18, 2019 meeting of City Council.

Councillor Matlow, during the afternoon session of the meeting, advised Members of Council that Mayor Tory has proclaimed October 2 as Toronto's inaugural Not-For-Profit Recognition Day. Councillor Matlow acknowledged the public benefit that the not-for-profit sector brings to the City, and thanked the not-for-profit sector for its commitment to making Toronto a better place.

Councillor Grimes, during the afternoon session of the meeting, welcomed the Mimico Mounaineers lacrosse team, this year's provincial Bantam A champions, who were present in the Chamber.

Councillor Fletcher, during the afternoon session of the meeting, welcomed journalism students from the University of Guelph and Humber College and their instructors who were present in the Chamber.

Thursday, October 3, 2019:

Mayor Tory, during the morning session of the meeting, informed City Council that he had received a letter from the Honourable Todd Smith, Minister of Children, Community and Social Services advising that the Ministry has reconsidered its decision with respect to the Transition Child Benefit and is going to leave the benefit in place. Mayor Tory advised that he had commented on the City's behalf to underline the importance of the benefit and thanked the Government of Ontario for listening.

Councillor Ainslie, during the morning session of the meeting, welcomed students from a civic planning class at the University of Toronto, who were present in the Chamber.

October 2, 2019:

City Council adopted the October 2,  2019, Order Paper, as amended, and all other Items not held on consent.

October 3, 2019:

City Council adopted the October 3, 2019, Order Paper.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the Chief Financial Officer and Treasurer to negotiate, enter into and execute a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for the Province of Ontario, and any amendments as may be required, to receive funds from the Audit and Accountability Fund, in accordance with terms and conditions satisfactory to the Chief Financial Officer and Treasurer, and in a form acceptable to the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council amend its previous delegation of authority to the Executive Committee to hold hearings into development charge complaints by delegating the authority to conduct hearings on complaints under both Section 20 of the Development Charges Act and Section 257.85 of the Education Act and City Council amend Municipal Code Chapter 27, Council Procedures accordingly.

City Council on October 2 and 3, 2019, referred Item EX8.3 to the Chief Financial Officer and Treasurer, and requested the Chief Financial Officer and Treasurer, in consultation with the Investment Board and the Toronto Atmospheric Fund, to report to the January 29 and 30, 2020 meeting of City Council on additional improvements to the investment policy including consideration of the following:

a. Investment Beliefs - including a statement that consideration of environmental, social and governance factors, is expected to improve the risk/return profile of portfolios in the coming decades and, conversely, that not considering these risk factors may impair performance; Toronto will seek to reduce its exposure to these risks by limiting or fully restricting investments that will be potentially negatively affected by climate policy and regulations, in particular fossil fuel companies, and to increase its exposure to investments that contribute to keeping climate change under 1.5 degrees as per the Paris accord;

b. Environmental, Social and Governance Integration - including a requirement that environmental, social and Governance factors will be central to the selection assets, vehicles and managers; when a prospective investment manager is assessed, or an existing Investment Manager is reviewed, for any/all asset classes and mandates, the Investment Board will consider the Investment Manager’s environmental, social and governance policies, practices and outcomes, not just their policies; and

c. Monitoring and Reporting - requiring regular reporting to City Council, as part of TransformTO on:

1. how climate risk is governed and addressed; and

2. how opportunities to invest in climate solutions are being addressed. 

City Council on October 2 and 3, 2019, adopted the following:

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

a. pursuant to Section 7.4.1(a) of the City's Amended and Restated Shareholder Direction to Toronto Community Housing Corporation approve the terms for the renewal of Term Loan 1 effective November 1, 2019 as described in the Ontario Infrastructure Loan letter dated September 6, 2018 addressed to Toronto Community Housing Corporation attached as Attachment 1 to the report (September 4, 2019) from the Chief Financial Officer and Treasurer (the Loan Extension) between Toronto Community Housing Corporation as "Borrower" and Infrastructure Ontario as "Lender" for a remaining term of 24 years; and

b. approve the extension of Toronto Community Housing Corporation’s mortgage subsidy for the 679 Queen's Quay West property, based on the current monthly mortgage payment, until November 1, 2043.

2.  City Council, in its capacity as shareholder of Toronto Community Housing Corporation, authorize Toronto Community Housing Corporation to enter into a 24-year extension of the term of Term Loan 1 described in the original financing agreement between Toronto Community Housing Corporation and Infrastructure Ontario dated October 18, 2013, as previously amended, with respect to two Toronto Community Housing Corporation owned properties at 931 Yonge St. and 679 Queen's Quay.

3.  Subject to the satisfaction of the conditions in Parts 1 and 2 above, City Council authorize the Chief Financial Officer and Treasurer or delegate to execute on behalf of the shareholder amendments to the agreements among the City, Toronto Community Housing Corporation and Infrastructure Ontario which will provide for:

a. City consent to the amended terms and conditions of Term Loan 1; and

b. amended City guarantee for the repayment of all principal and interest payable by Toronto Community Housing Corporation to Infrastructure Ontario under the amended terms and conditions of Term Loan 1; on terms and conditions satisfactory to the Chief Financial Officer and Treasurer or delegate and in a form approved by the City Solicitor.

4.  City Council deem the foregoing guarantee to be in the interest of the City.

5.  City Council authorize the General Manager, Shelter, Support, and Housing Administration to:

a. provide such Service Manager consents under the Housing Services Act, 2011 as are necessary to authorize the extended mortgage security to be provided to Infrastructure Ontario to secure Term Loan 1;

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

c. provide the necessary notice to the Minister of Municipal Affairs and Housing pursuant to Section 163 of the Housing Services Act, 2011.

6.  City Council authorize the City Manager or the Chief Financial Officer and Treasurer or delegate to execute and deliver such other notices, consents, authorizations, approvals and agreements on behalf of the City as shareholder or service manager in order to facilitate the refinancing of the Toronto Community Housing Corporation mortgages on the properties described in the Loan Extension, including, without limitation, amendments to the Operating Agreement between the City and Toronto Community Housing Corporation.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor.

2.  City Council authorize the public release of Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor at the discretion of the City Solicitor following the final resolution of the matter.

3.  City Council direct that Confidential Attachment 1 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (September 4, 2019) from the Chief People Officer and 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.

Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor will be made public at the discretion of the City Solicitor following the final resolution of the matter.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council endorse the Workforce Equity and Inclusion Plan as outlined in Appendix D to the report (September 4, 2019) from the Chief People Officer, focusing on the following three areas:

a.  Enabling Data Informed Decision-Making;

b.  Fostering a Culture of Engagement and Inclusion; and

c.  Embedding an Equity Lens throughout the Employee Life Cycle.

2.  City Council direct the City Manager and the Chief People Officer to report to the Executive Committee on strategies for achieving better diversity in Council-appointed staff positions.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the Chief People Officer, People and Equity to develop a City of Toronto Gender Equity Strategy and report to City Council with the strategy in the fourth quarter of 2021.

2.  City Council express its support for establishing a Gender Equity Unit in 2020 within People and Equity at the City of Toronto to develop the Gender Equity Strategy.

3.  City Council direct the City Manager to include the new and enhanced request of $283,132 gross and net for the establishment of 2 permanent full-time positions to staff the Gender Equity Unit within People and Equity and $50,000 gross and net to conduct Community Consultations, for a total of $333,132 gross and net in the City Manager's Office 2020 Budget Submission for consideration as part of the 2020 Operating Budget process.

City Council on October 2 and 3, 2019, adopted the following:  

1.  City Council, in its capacity as Shareholder of Toronto Community Housing Corporation approve, pursuant to Section 7.4.1(a) of the City's Amended and Restated Shareholder Direction, the Term Sheet regarding the National Housing Co-Investment Fund (the Term Sheet)  among Canada Mortgage and Housing Corporation, Toronto Community Housing Corporation and the City of Toronto (the City) in Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer.

 
2.  City Council authorize the Chief Financial Officer and Treasurer or delegate to execute the Term Sheet on behalf of the City.
 

3.  City Council authorize the Chief Financial Officer and Treasurer to execute a guarantee by the City in favour of Canada Mortgage and Housing Corporation of the loan repayment obligations of Toronto Community Housing Corporation to Canada Mortgage and Housing Corporation under the financing agreement (Agreement) contemplated by the Term Sheet upon terms and conditions satisfactory to the Chief Financial Officer and Treasurer and in a form satisfactory to the City Solicitor.
 

4.  City Council authorize the General Manager, Shelter, Support and Housing Administration to execute any consents of the City as Service Manager that may be required under the Housing Services Act for the transactions under the Agreement.

 
5.  City Council consent, pursuant to section 453.1 of the City of Toronto Act, 2006, to any mortgage security required by Canada Mortgage and Housing Corporation over properties that are subject to a restriction on encumbrances under section 453.1 of the City of Toronto Act, 2006 or the former provisions of The City of Toronto Act, 1975 (2) or the City of Toronto Act, 1988 (2).
 

6.  City Council as shareholder and guarantor, direct Toronto Community Housing Corporation to obtain the approval of the Chief Financial Officer and Treasurer and the Deputy City Manager, Community and Social Services of the terms and conditions of the Agreement prior to execution.
 

7.  City Council authorize the Deputy City Manager, Community and Social Services or delegate to execute such other agreements, consents, approvals and notices that may be required or convenient to carry out Council's decision.

 
8.  City Council direct Toronto Community Housing Corporation to enter into an agreement with the City as shareholder and guarantor to report to the General Manager, Shelter, Support and Housing Administration and the Executive Director, Housing Secretariat on projects proposed to be funded by forgivable or repayable loans, sources of funding for co-investment, forecasted construction procurement, commencement and completion schedules and compliance with National Housing Co-Investment program criteria and requirements; and to consult with the City to ensure continuing access to program funding and compliance with the Agreement terms and conditions, all on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration and the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.

 
9.  City Council direct that Confidential Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer remain confidential in its entirety until such time as Canada Mortgage and Housing advises the Deputy City Manager, Community and Social Services or delegate that the same may be disclosed to the public.

Confidential Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the security of property belonging to Toronto Community Housing Corporation and it contains information explicitly supplied in confidence to the City of Toronto and Toronto Community Housing Corporation by Canada Mortgage and Housing Corporation.  Confidential Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer will be made public when Canada Mortgage and Housing advises the Deputy City Manager, Community and Social Services or delegate that the same may be disclosed to the public.

City Council on October 2 and 3, 2019, received Item EX8.9 for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the reallocation of cashflows within Toronto Water's approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $28.510 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report (August 22, 2019) from the General Manager, Toronto Water, with a zero Budget impact.

2.  City Council authorize the reallocation of project costs and cashflows in Toronto Water's approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $13.976 million from projects that have been awarded under budget or completed to those requiring additional funding in the same amount as presented in Schedule A (Part C) to the report (August 22, 2019) from the General Manager, Toronto Water, with a zero Budget impact.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council amend the 2019-2028 Council-Approved Capital Budget and Plan for the Facilities, Real Estate, Environment and Energy program to add a new project with total project cost and cash flow in 2020 of $28.0 million funded from recoverable debt for the purpose of providing a 2.6 percent interest-bearing loan to Toronto Community Housing Corporation to be repaid to the City over a term of 20 years.

2.  City Council authorize the Deputy City Manager, Corporate Services to enter into an agreement with Toronto Community Housing Corporation for a $38.0 million Sustainable Energy Plan Financing loan on terms and conditions satisfactory to the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor. 

3.  City Council authorize the Deputy City Manager, Corporate Services to release funds to Toronto Community Housing Corporation in multiple installments, each contingent on the completion of significant pre-established milestones.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council approve in-year budget adjustments to the 2019-2028 Approved Capital Budget and Plan as detailed in Appendix 4 to the report (August 22, 2019) from the Chief Financial Officer and Treasurer that result in no incremental impact on debt financing.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council approve the transfer of $0.064 million from Policy, Planning, Finance and Administration's Vehicle Reserve (XQ1401) to City Clerk's Vehicle Reserve (XQ1401) to finalize the transfer of internal mail function from Policy, Planning, Finance and Administration to City Clerk's related to courier services.

2.  City Council approve the budget adjustments and any associated complement changes detailed in Appendix D to the report (August 26, 2019) from the Chief Financial Officer and Treasurer to amend the 2019 Approved Operating Budget, such adjustments to have no impact on the 2019 Approved Net Operating Budget of the City.

3.  City Council direct that Confidential Attachment 1 to the report (August 26, 2019) from the Chief Financial Officer and Treasurer remain confidential in its entirety, as it involves the security of property belonging to the City of Toronto.

Confidential Attachment 1 to the report (August 26, 2019) from the Chief Financial Officer and Treasurer remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the security of property belonging to the City of Toronto.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the deferral and acceleration of funds in Information and Technology's 2019 Council-Approved Capital Budget and 2020-2028 Capital Plan in the amount of $642,558, as detailed in Schedule A to the report (August 22, 2019) from the Acting Chief Information Officer, Information and Technology, with a zero gross and net debt impact.

2.  City Council request the Chief Technology Officer, Information and Technology, in consultation with the City Clerk, to include offices of Members of Council in the implementation of the City's Cloud-First approach to modernize to more cloud services, including all productivity tools.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the deferral and acceleration of projects in Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and future year commitments in the amount of $10.811 million, as included in Appendix 1 to the report (August 19, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

2.  City Council increase project costs and cash flows within the Parks, Forestry and Recreation's 2019 Council-Approved Capital Budget and future year commitments in the amount of $2.143 million, as included in Appendix 2 to the report (August 19, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the reallocation of project costs and cash flows in Solid Waste Management Services' Approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $4.109 million from projects that have been awarded under budget or delayed to those requiring additional funding in the amount as presented in Schedule A to the report (August 22, 2019) from the General Manager, Solid Waste Management Services with a zero budget impact.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council amend the Transportation Services' Approved 2019 Capital Budget to reallocate funds in the amount of $1.235 million gross for funding of projects with a zero budget impact, as presented in Attachment 1 to the report (August 22, 2019) from the General Manager, Transportation Services.

2.  City Council amend the Transportation Services' Approved 2019-2028 Capital Budget and Plan to reallocate cash flows in the amount of $96.185 million gross from 2019 to 2020 and beyond with a zero budget impact to the approved ten year budget and plan, as presented in Attachment 2 to the report (August 22, 2019) from the General Manager, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council increase the 2019 Operating Budget for the Toronto Police Service by $4.5 million gross and $0 net to fund the Project Community Space program, with increased gross expenditures offset by $3.0 million in added revenue from a combination of $3.0 million in increased Federal and Provincial funding and a one-time draw of $1.5 million from the City's Tax Stabilization Reserve. 

2.  City Council request the City Manager and the Toronto Police Services Board to consider increasing funding for the Neighbourhood Officer Program during the 2020 Budget Process.

3.  City Council request the City Manager to report back during the 2020 Budget Process on a requirement that any funding increases to the Toronto Police Services budget to address crime must be matched with funding of twice that amount to programs and services that address the root causes of violence and poverty reduction.

4.  City Council request the City Manager to report back during the 2020 Budget Process on opportunities for partnerships with existing agencies to fund programs and services that address the root causes of violence and poverty reduction.

5. City Council request the City Manager to report to the Executive Committee on the feasibility of creating a Safe Communities Safety and Security infrastructure program to fund such things as extra lighting, and traffic calming and management plans to enhance public safety.

6.  City Council express its support to the Federal Government for increased bail restrictions and tougher sentences for those charged and convicted of gun offences. 

7.  City Council request the Federal Government to ban the availability, sale, possession and use of handguns across Canada, with the exception of the Canadian Armed Forces, police services or other entity that is authorized to possess firearms with legal obligations imposed by the municipal, provincial and federal governments. 

8.  City Council, in light of the recent spate of gun violence, request the Federal Government to reconsider City Council's request in Item 2018.CC44.14 "Immediate Steps to Address Gun Violence" to fund the unfunded applications under the National Crime Prevention Grant, totalling $26.2 million over the next 5 years, and City Council request the City Clerk to forward this request to all Toronto Members of Parliament.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the Chief Financial Officer and Treasurer to report to City Council for consideration, as part of the 2020 Budget Process, on the feasibility of exempting all operating and capital costs related to Accessibility for Ontarians with Disabilities Act compliance and accessibility initiatives from any 2020 proposed efficiency savings.

2.  City Council direct the Executive Director, Financial Planning, in consultation with People and Equity and other relevant Divisions, to:

a.  conduct research on and determine the feasibility of options for a centralized budget/fund for all accessibility-related accommodations and initiatives including but not limited to, employee accommodation costs, American Sign Language interpretation, note-taking services and captioning services; and

b.  provide an update on potential options and next steps to the Toronto Accessibility Advisory Committee at a future Committee meeting in 2019.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the Toronto Transit Commission to request the Head of Wheel-Trans to make a presentation to the Toronto Accessibility Advisory Committee prior to the end of 2019 to provide an update on the Wheel-Trans appeal process and corresponding accessibility and communication improvements based on the comments made by Toronto Accessibility Advisory Committee members at its meeting on June 20, 2018.

2.  City Council request the Toronto Transit Commission to request the Head of Wheel-Trans to make a presentation and seek feedback from the Committee prior to the end of 2019 on the upcoming re-registration of all Wheel-Trans customers to determine their new eligibility based on the Accessibility for Ontarians with Disabilities Act.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the Government of Canada to invest the outstanding $26.2 million over five years in funding proposals under the National Crime Prevention Strategy submitted by the City of Toronto.

2.  City Council request the Province of Ontario to invest $15 Million in outstanding requests for Anti-Violence Programming, Toronto Community Housing Safety and Violence Reduction Initiatives.

3.  City Council direct the Executive Director, Social Development, Finance and Administration to submit a business case for consideration during the 2020 budget process to fund the implementation of TO WARDS Peace program.    

4.  City Council authorize the Executive Director, Social Development, Finance and Administration to apply for, enter into any necessary agreements, receive and allocate money received from other funders in support of TO WARDS Peace.

5.  City Council request the City Manager to:

a.  reach out to other jurisdictions in North America, including New York City, to examine how these jurisdictions have been able to reduce the occurrence of violent gun crimes; and

b. work with all relevant City Divisions and the Toronto Police Service to implement lessons learned from other jurisdictions to reduce the occurrence of gun violence in Toronto.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council increase the Toronto Public Health 2019 Operating Budget by $2,111.0 thousand gross, $0 net, and 52 permanent positions to be used for pre-implementation and implementation costs associated with delivering the Ontario Seniors Dental Care Program.

City Council on October 2 and 3, 2019, adopted the following;

1.  City Council appoint Elizabeth Sisam to the Toronto Preservation Board, at pleasure of Council, for a term of office ending October 4, 2023, and until a successor is appointed.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council appoint Kaya Pino to the Toronto Music Advisory Committee, at pleasure of Council, for a term of office ending on November 14, 2022.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council appoint the following candidates to the Toronto Francophone Affairs Advisory Committee, at pleasure of Council, for a term of office ending on November 14, 2022:

Lise Béland

Carlo Handy Charles

Dada Gasirabo

Isabelle Girard

Youssouf Kalogo

Marcelle Lean

Dominic Mailloux

Serge Paul

2.  City Council direct that the balance of Confidential Attachment 1 to the report (September 12, 2019) from the General Manager, Economic Development and Culture remain confidential as it relates to personal matters about identifiable individuals being considered for appointment to the Toronto Francophone Affairs Advisory Committee.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the Fire Chief and General Manager, Toronto Fire Services to report back to City Council in advance of the commencement of the 2021 budget process with recommended strategies, as a result of the Toronto Fire Services Transformation Plan and Commission on Fire Accreditation International related review initiatives, to enhance overall service delivery and address emerging and forecasted risks and needs of the growing City. 

2.  City Council receive the report (August 19, 2019) from the Fire Chief and General Manager, Toronto Fire Services for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the Fire Chief and General Manager, Toronto Fire Services to negotiate and execute a non-competitive contract with Zoll Medical Canada Inc. for the supply, delivery, and installation of 200 Zoll AED3 BLS Semi-Automatic defibrillators, related supplies, training equipment, and data management software licenses/subscriptions in the amount of $754,806, net of HST ($768,090, net of HST recoveries) on terms and conditions satisfactory to the Fire Chief and General Manager, Toronto Fire Services, and in a form satisfactory to the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the Executive Director, Social Development, Finance and Administration, or designate, to accept a donation of $0.25 million from Chris Brillinger to fund programs, services, initiatives and events in Regent Park in 2020 and 2021, in compliance with the City's Policy on Donations for Community Benefits.

2.  City Council authorize the Executive Director, Social Development, Finance and Administration, or designate, to negotiate and sign a donor agreement for the $0.25 million donation from Chris Brillinger, on terms and conditions satisfactory to the City Solicitor.

3.  City Council authorize the Executive Director, Social Development, Finance and Administration, or designate, to allocate, approve and disburse one-time grants within the Regent Park community as a result of this donation.

4.  City Council request the Executive Director, Social Development, Finance and Administration to report back to the Economic and Community Development Committee annually on the grants approved through authority provided in Part 3 above.

City Council on October 2 and 3, 2019, adopted the following:  

1.  City Council authorize the General Manager, Economic Development and Culture to negotiate and execute a three-year agreement with the Ontario Ministry of Economic Development, Job Creation and Trade for the delivery of Enterprise Toronto programming, including funding from the Government of Ontario in the amount of $1,000,175 in each of 2019, 2020 and 2021.

2.  City Council increase the 2019 Approved Operating Budget for Economic Development and Culture by $1,000,175 gross, zero net, fully funded by a grant from the Government of Ontario, conditional upon conclusion of an agreement with the Ontario Ministry of Economic Development, Job Creation and Trade.

3.  City Council direct the General Manager, Economic Development and Culture to include the Government of Ontario funding of $1,000,175 gross, zero net, towards the delivery of Enterprise Toronto programming in the 2020 and 2021 Operating Budgets submission for Council consideration.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council receive the report (August 13, 2019) from the General Manager, Economic Development and Culture for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council receive the report (August 15, 2019) from the General Manager, Economic Development and Culture for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the General Manager, Shelter, Support and Housing Administration to include in the Division's 2020 base Budget submission, $100,000 in community grant funding, an additional 8 street outreach workers, and the business case to expand the Eviction Prevention in the Community (EPIC) program; required to implement the recommendations from the Coroner's Inquests into the deaths of Grant Faulkner and Bradley Chapman.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council receive the report (August 20, 2019) from the Controller for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council approve payment of a one-time grant to Crow's Theatre in the amount of approximately $71,143.62 (such amount to be calculated in an amount equivalent to the property taxes, interest, and fees attributable to the 2016 taxation year for both 345 and 347 Carlaw Avenue for the portions of the properties that are occupied by the theatre and ancillary uses that are owing at the time of City Council's decision on this matter), with the grant amount to be funded from the City of Toronto's 2019 Tax Deficiency Account, subject to the following conditions:

a.  Crow's Theatre make payment in full of all outstanding property taxes, interest, penalties, and fees totalling approximately $56,945.55 as at July 31, 2019 for the properties located at 345 and 347 Carlaw Avenue that are attributable to the portion of the property at 345 Carlaw Avenue that is occupied by a restaurant and the new account fee levied against 347 Carlaw Avenue that remains payable; and

b.  the grant amount be applied directly to the property tax accounts to offset property taxes and other amounts payable.

2.  City Council deem the one-time grant to Crow's Theatre for the properties located at 345 and 347 Carlaw Avenue, as outlined in Part 1 above, to be in the interest of the City of Toronto.

City Council on October 2 and 3, 2019, adopted the following:

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

a.  enter into Municipal Capital Facility Agreements with 7506473 Canada Inc., which leases approximately 3,341 square feet at 1 York Gate Boulevard to the Toronto Public Library, and Great-West Life Realty Advisors, which leases approximately 1,556 square feet at 5150-5160 Yonge Street to the Toronto Public Library, with respect to all space (the Leased Premises) related to facilities for public libraries; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of:

1. the commencement date of the lease;

2. the date the Municipal Capital Facility Agreement is entered into; and

3. the date the Tax Exemption By-law is enacted.

2.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council repeal By-law 753-2018.

2.  City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a.  enter into a Municipal Capital Facility Agreement with York West Active Living Centre, with whom the Toronto Community Housing Corporation has a lease for the property known as 1901 Weston Road, with respect to approximately 7,102 square feet of rentable area and seven parking stalls (the Leased Premises) owned by the Toronto Community Housing Corporation, for the purposes of providing a Municipal Capital Facility related to the provision of a community centre and ancillary parking; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of:

1. the commencement date of the lease;

2. the date the Municipal Capital Facility Agreement is entered into; and

3. the date the Tax Exemption By-law is enacted.

3.  City Council pass a resolution that the above Municipal Capital Facility is for the purposes of the City of Toronto and is for public use.

4.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

City Council on October 2 and 3, 2019, adopted the following:

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

a.  enter into a Municipal Capital Facility Agreement with Great-West Life Assurance, which leases approximately 32,532 square feet at 5140 Yonge Street to the Toronto Transit Commission, with respect to all space (the Leased Premises) related to the provision of telecommunications, transit, and transportation systems; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of:

1. the commencement date of the lease;

2. the date the Municipal Capital Facility Agreement is entered into; and

3. the date the Tax Exemption By-law is enacted.

2.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council approve a revised write-off policy for fines, fees, costs, and penalties imposed under Parts I, II, and III of the Provincial Offences Act and/or City By-law(s) that have been outstanding for at least two years, may be written off as uncollectible consistent with Article VIII in the City of Toronto Municipal Code Chapter 71 (Financial Control) once the Controller is satisfied that all reasonable steps to collect the amount(s) owing have been undertaken, and where any of the following apply:
 

a.  the person convicted and who owes the unpaid amount(s) has been deceased for two years and collection from an estate is impractical or has been unsuccessful; or

b.  the person convicted and who owes the unpaid amount(s) no longer resides in the Province of Ontario and the fine(s) is for an offence for which there is no mechanism for interprovincial enforcement; or

c.  the City of Toronto's primary collection methods, including but not limited to, civil enforcement, tax-rolling, collection agencies, and licence suspension and plate denial, have been, or are likely to be, unsuccessful, as determined by the Controller; or

d.  where supporting documentation providing proof of the conviction and/or payment to satisfy the amount(s) owed cannot be located, a sworn affidavit is filed with the City of Toronto by the defendant attesting to the fact they have, in fact, previously paid for the fine(s) and that they do not have in their possession the required documentation to prove such a claim; or

e.  the operating entity, business, or organization convicted and that owes the unpaid amount(s) has claimed bankruptcy and the City Solicitor has confirmed that civil efforts to collect the amount(s) owing have been unsuccessful or that civil efforts to collect the amount(s) owing are not recommended given that it would likely not result in the successful recovery of the amount(s) owing to the City of Toronto; or

f.  the operating entity, business, or organization convicted and that owes the unpaid amount(s) is no longer in operation and has no assets against which the City of Toronto can pursue a claim, making collection from the defunct entity impractical; or

g.  the individual or corporation convicted and who owes the unpaid amount(s) cannot be located; or

h.  a court order or a provincial or federal directive determines that the fine(s) is no longer payable or collectible or requires that collection efforts must cease.
 

2.  City Council authorize the Controller or designate to annually provide the Ministry of the Attorney General with information regarding the total value of all fines deemed uncollectible and written off during the previous municipal fiscal year as part of the Annual Performance and Progress Report to be submitted to the Ministry no later than June 30th of each year.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer's Report attached as Appendix E to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, regarding the proposed expropriation of a portion of the property municipally known as 3038-3040 Danforth Avenue.

2.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the portion of the property municipally known as 3038-3040 Danforth Avenue, as legally described in Appendix A and designated as Part 1 on the draft Plan of Survey attached as Appendix B (the Property) to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, for public highway purposes and for all works and uses ancillary thereto.

3.  City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession for the Property.

4.  City Council authorize the introduction of the necessary Bills in Council to give to Council's decision.

5.  City Council authorize the public release of Confidential Attachment 1 to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of all claims for compensation for 3038-3040 Danforth Avenue by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition of land by the City of Toronto.  Confidential Attachment 1 to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management will be made public once there has been a final determination of all claims for compensation for 3038-3040 Danforth Avenue by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations for the acquisition of the Property Interests listed in Appendix A and outlined on the easement drawings attached as Appendix B (collectively, the Project Requirements) and on the project map attached as Appendix C to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, for the construction of the proposed Fairbank Silverthorn Storm Trunk Sewer System and City Council authorize the Executive Director, Corporate Real Estate Management to initiate the expropriation process for the Project Requirements if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2.  City Council authorize the Executive Director, Corporate Real Estate Management, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward any requests for hearing to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the City of Toronto to enter into an Agreement of Purchase and Sale (the Agreement) to acquire 11 Brock Avenue (the Property) for the purchase price outlined in Confidential Attachment 1 and substantially on the terms outlined in Appendix A to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 

2.  City Council authorize the Executive Director, Corporate Real Estate Management, to execute the Agreement of Purchase and Sale (the Agreement) and any ancillary agreements and documents under the Agreement on behalf of the City of Toronto.

3.  City Council authorize the Executive Director, Corporate Real Estate Management, to administer and manage the transaction, including the provision of any consents, approvals, waivers, and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction.

4.  City Council authorize the City Solicitor to complete the transaction on behalf of the City of Toronto, including paying any necessary expenses, amending the closing, due diligence, and other dates, and amending and waiving terms and conditions, on such terms as they consider reasonable.

5.  City Council authorize the public release of Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, once the transaction contemplated in the report has been completed and the Liquor Control Board of Ontario (the Vendor) has disposed of its interest in the Property.

6.  City Council increase the 2019 Approved Operating Budget for Shelter, Support and Housing Administration, in coordination with the Executive Director, Housing Secretariat, for the total of the proposed purchase price and closing costs outlined in Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, fully funded from the Development Charges Reserve Fund for Subsidized Housing (XR2116).

7.  City Council increase the 2019 Approved Operating Budget for Shelter, Support and Housing Administration by $31,000 gross, $0 net, in coordination with the Executive Director, Housing Secretariat, to provide additional funding to cover the cost of the completed due diligence work at 11 Brock Avenue, fully funded from the Capital Revolving Reserve Fund for Affordable Housing (XR1058).

Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition of land by the City of Toronto.  Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management will be made public once the transaction contemplated in the report (August 15, 2019) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management has been completed and the Liquor Control Board of Ontario has disposed of its interest in the Property.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council receive the report (August 23, 2019) from the Chief People Officer, People and Equity, for information.

City Council on October 2 and 3, 2019, adopted the following: 

1.  City Council direct the Executive Director, Municipal Licensing and Standards, notwithstanding the current provisions in the City of Toronto Municipal Code Chapter 545, Licensing, to immediately cease issuing new licences to payday loan establishments in the City of Toronto.

2.  City Council prohibit payday loan establishments, pawnshops and cash for gold vendors from advertising on City property, including City Agencies, Boards and Commissions.

3.  City Council require all payday loan establishments in the City of Toronto to provide City-sanctioned information on credit counselling services, including literature that outlines the financial empowerment supports available to help residents manage their financial situation in order to avoid cash shortfalls and cyclical debt.

4.  City Council direct the Executive Director, Social Development, Finance and Administration, in consultation with the General Manager, Economic Development and Culture, the General Manager, Toronto Employment and Social Services, and Executive Director, Municipal Licensing and Standards, to convene discussions with the financial services industry, including credit unions and the not-for-profit sector, on improving access to relevant financial products and services such as access to cash for Toronto residents.

5.  City Council request the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee at its meeting on January 6, 2020 on the following:

a.  options to restrict advertising from payday loan establishments in the City of Toronto;

b.  the feasibility of creating a minimum separation distance between payday loan establishments and between payday loan establishments and schools; and

c.  the feasibility of establishing a process for the local Councillor to object to the relocation of a payday loan establishment within the same Ward.

6.  City Council request the Province of Ontario to limit the annual interest rates for all payday loans to 30 percent annually.

7.  City Council request the Federal Government to:

a.  require chartered banks to have branches in low-income neighbourhoods which offer credit lines to low-income people at the same rates they offer to other customers;

b.  create a national database of payday loan establishment users to stop users from taking out loans to pay off other loans;

c.  cap all payday loan fees at $15 on every $100 loaned;

d.  amend the Criminal Code of Canada to lower the maximum interest rate from 60 percent to 30 percent; and

e. work with partners such as credit unions, to encourage and steward the development of lower-cost financial products that can provide an alternative for users of payday loan establishments.

8.  City Council forward this Item to the Association of Municipalities of Ontario and the Federation of Canadian Municipalities.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the General Manager, Parks Forestry and Recreation, to negotiate and execute a non-competitive contract with Lands and Forests Consulting in the total amount of $35,060 net of all applicable taxes and charges ($35,677 net of HST recoveries) for the provision of planning and implementing the prescribed burn program from January 1, 2020 to December 31, 2020, with the option to renew the contract for up to four additional one-year terms (2021-2024) at the sole discretion of, and on terms and conditions (including price), satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor, and subject to Budget approval, for a total potential contract value, including all option years of $175,300 net of all applicable taxes and charges ($178,385 net of HST recoveries).

City Council on October 2 and 3, 2019, adopted the following: 

1.  City Council adopt the Toronto Biodiversity Strategy as presented in Attachment 1 to the report (August 12, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation.

2.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning, the Chief Executive Officer, Toronto and Region Conservation Authority and external experts, to develop an ecological integrity monitoring and reporting framework, including an implementation and budgetary framework, for Toronto's natural areas ravines through the Ecosystem Services Working Group and report back by the fourth quarter of 2020; this work will build on metrics from existing City and Toronto and Region Conservation Authority programs and data for monitoring change in the condition of natural areas and ravines.

3.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto and Region Conservation Authority and external experts, to:

a.  continue to work on implementation of the City and Toronto and Region Conservation Authority invasive species management programs and strategies; and

b.  undertake a review of gaps and opportunities for improvement in implementation of the invasive species management programs through the Ecosystem Services Working Group.

 
4.  City Council request the appropriate staff to consider prioritizing, as part of the Invasive Management Plan, the four Provincially regulated terrestrial invasive species, including Japanese knotweed.

5.  City request the General Manager, Parks, Forestry and Recreation to undertake a public awareness campaign through its existing public outreach to include information about invasive species threatening our ravines and private and public open spaces.  

6.  City Council adopt the Resolution for the City of Toronto to join the Biophilic Cities Network, as contained in Attachment 3 to the report (August 12, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, given Toronto's leadership in recognizing the importance of the natural environment to a liveable city.

7.  City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation to submit the Resolution for the City of Toronto to join the Biophilic Cities Network and the completed Biophilic City application to the Biophilic Cities Network to become an official partner in the Biophilic Cities network.

8.  City Council request the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, and the General Manager, Toronto Water, to report back to the Infrastructure and Environment Committee through the Ravine Strategy Implementation Report in November 2019, regarding the review of opportunities and priority sites for restoration in ravines and any associated budget requests.

9.  City Council request the General Manager, Parks, Forestry and Recreation to report back to the Infrastructure and Environment Committee with a strategy to align the Biodiversity Strategy, the Ravine Strategy and the Toronto and Region Conservation Authority Trail Strategy in the second quarter of 2020.

10.  City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation to consider aligning the reporting timelines for the Biodiversity Strategy with the Ravine Strategy. 

11.  City Council request the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning, in consultation with the Toronto and Region Conservation Authority and relevant City divisions, to identify opportunities for restoration outside of ravine areas and in the public realm through the 2021 Budget process.

12.  City Council request the General Manager, Toronto Water and the General Manager, Parks, Forestry and Recreation, in collaboration with the Toronto and Region Conservation Authority, to report on the vital role Toronto ravines play in stormwater management and in dealing with the impacts of severe weather events caused by climate change.

13.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto and Region Conservation Authority, to report back annually on Ward-specific and divisionally-specific updates and successes on the implementation of the Biodiversity Strategy.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council request the General Manager, Parks, Forestry and Recreation to report to the January 9, 2020 meeting of the Infrastructure and Environment Committee outlining the following for 2018 and the first three quarters of 2019:

a. the number of proactive inspections;

b. the number of sites where complaint-driven inspections took place and infractions were observed;

c. the number of inspection fees charged on first and on second visits;

d. the number of Orders to Comply issued;

e. the number of Stop Work Orders issued;

f. the number of Part 3 Summons issued; and

g. recommendations on how these tools can be better utilized for tree protection.

2. City Council direct the General Manager, Parks, Forestry and Recreation to review the timeliness of response from the Compliance and Enforcement Unit to reports of possible tree by-law contraventions and report back on strategies to improve the average response time of five days and service standard of seven days.

3. City Council direct the General Manager, Parks, Forestry and Recreation to include additional details, such as the nature of tree by-law contraventions and the number issued per Ward, where feasible, in future quarterly reports to the Infrastructure and Environment Committee.

4.  City Council receive the report (August 16, 2019) from the General Manager, Parks, Forestry and Recreation for information.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council authorize the implementation and monitoring of two wastewater energy transfer pilot projects with Noventa Energy Partners Inc. ("Noventa") (the "Pilot Projects") on the following conditions:

a. the General Manager, Toronto Water, in consultation with the Director, Environment and Energy, and the City Solicitor, be authorized to implement, conduct, administer and monitor the Pilot Projects including the authority to develop all related procedures, and to negotiate, enter into and execute any agreement(s) necessary to give effect to the Pilot Projects, or any one of them, including any amendment, renewal or extension thereof, on  terms and conditions  acceptable to the General Manager, Toronto Water and in a form acceptable to the City Solicitor;

b. the Pilot Projects be undertaken by Toronto Water for a minimum of two years and that any access to the City's sewer infrastructure for the purposes of the Pilot Projects, and, specifically, access to the excess waste heat (thermal energy) generated by the City's wastewater distribution system provided to Noventa be limited to support only the Sunnybrook Hospital and the Humber College, North Campus and/or William Osler, Etobicoke General Hospital, at HWY 27/Finch Ave. locations;

c. the General Manager, Toronto Water, is satisfied that the Pilot Projects, or any one of them, are technically feasible;

d. an energy transfer fee for such access, the basis and amount of which is to be determined by the General Manager, Toronto Water, is paid to Toronto Water by Noventa for the duration of the Pilot Projects;

e. any related capital and operating costs associated with the installation, operation and maintenance of the wastewater energy transfer systems needed for the Pilot Projects are at Noventa's expense;

f. any risk of the Pilot Projects is assumed by Noventa and, specifically, that any access is provided by the City on an "AS IS" and "WHERE IS" basis with no guarantee of an energy supply; and

g. the General Manager, Toronto Water report back to the Infrastructure and Environment Committee on the outcome of the Pilot Projects and the development of a wastewater energy transfer policy as requested by City Council.

2. In the event the Pilot Projects are successful, as determined by the General Manager, Toronto Water, in the General Manager's sole discretion, City Council further authorize the General Manager, Toronto Water, in consultation with the Director, Environment and Energy, and the City Solicitor, to extend the term of any agreement for the Pilot Projects with Noventa, as referenced in Part 1.a. above, to allow the Pilot Projects, or anyone of them, to continue beyond the initial duration of the Pilot Projects, on  terms and conditions acceptable to the General Manager, Toronto Water, and in a form acceptable to the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council receive the report (August 27, 2019) from the General Manager, Toronto Water for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report to the appropriate Committee in the fourth quarter of 2019 on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project.

2.  City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, and prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way. 

 
3.  City Council authorize the City Solicitor to introduce the necessary Bills directly to Council to amend the requisite City By-laws or Municipal Code Chapters to give effect to City Council’s decision in Part 2 above, and authorize the City Solicitor to make any necessary clarifications, technical amendments, or By-law amendments as may be identified, in consultation with the General Manager, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council, as sole shareholder, request the Toronto Community Housing Corporation Board of Directors to direct the President and Chief Executive Officer, Toronto Community Housing Corporation to adopt, no later than March 31, 2020, Canadian Standards Association Z463-18, Maintenance of Electrical Systems, or equivalent, as the electrical maintenance standard for Toronto Community Housing Corporation buildings, for both buildings internally managed by Toronto Community Housing Corporation and buildings contracted out to third-party companies and to report back to the appropriate committee by the second quarter of 2020.

2.  City Council request the Fire Chief and General Manager, Toronto Fire Services to report to the Planning and Housing Committee on the number of fires and false alarms in the top five largest apartment building portfolios in Toronto.

3. City Council forward the report (August 27, 2019) from the President and Chief Executive Officer, Toronto Community Housing Corporation to the Toronto Community Housing Corporation Board of Directors.

City Council on October 2 and 3, 2019, adopted the following:  

1.  City Council authorize the Executive Director, Housing Secretariat, to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $12,327,344 to facilitate creation of the 651 affordable rental homes through the Open Door Program.

 
2.  City Council authorize the Executive Director, Housing Secretariat to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $250,000 for the purpose of conducting pre-development activities including addressing issues identified by City staff to facilitate the creation of 538 affordable rental homes through the 2020 Open Door Program.

 
3.  City Council authorize the Executive Director, Housing Secretariat, to exempt the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat from the payment of development charges, building, planning and parkland dedication fees.

 
4.  City Council authorize an exemption from taxation for municipal and school purposes for the developments and for the periods of time described in Chart B in the Financial Impact section and Appendix 1 of report (September 4, 2019) from the Executive Director, Housing Secretariat.

 
5.  City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement (the City's Contribution Agreement).

 
6.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the developers of the developments described in Chart A in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor.
 

7.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a pre-development agreement with the developers of the proposals described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor.
 

8.  City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by the developers of the developments described in Charts A and B in the Financial Impact section and Appendix 1 of the report (September 4, 2019) from the Executive Director, Housing Secretariat, or their related corporations to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council.

 
9.  City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the Executive Director, Housing Secretariat, to make any necessary future Budget adjustments to accommodate the funds approved in the report (September 4, 2019) from the Executive Director, Housing Secretariat, from the Development Charges Reserve Fund for Subsidized Housing.

10.  City Council direct the Executive Director, Housing Secretariat to include a proposal in the November 2019 Housing Opportunities Toronto report which guarantees that subsidies to not-for-profit providers are at least equal to the subsidies to for-profit providers.

11.  City Council request the Executive Director, Housing Secretariat to make information available through the City’s Open Data portal on the current status of all projects approved through the Open Door Program, including the number of units approved, development approval stage, project proponent, any changes to project proposals, and other relevant information.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council repeal Toronto Municipal Code, Chapter 363 (Construction and Demolition) on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition), as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft By-law as may be required to come into effect on January 1, 2020.

2. City Council repeal By-law 1690-2013 on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition) that includes the provisions for the Chief Building Official to appoint building inspectors in section 363-1.4 as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft By-law as may be required to come into effect on January 1, 2020.

3.  City Council request the Chief Building Official and Executive Director, Toronto Building and the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in the second quarter of 2020 on enhancements to demolition and construction management plan requirements reviewed by the City as part of permitting process; such requirements to include, but not limited to:

a.  consideration of truck movements and delivery procedures outside of, and in the vicinity of, work sites to nearby suppliers or highway access points; and

b. consideration of nearby Toronto Transit Commission stops, school bus stops, and pedestrian routes.

4. City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the amendments to the City of Toronto Municipal Code noted in Parts 1 and 2 above, subject to such stylistic and technical changes to the draft By-law as may be required.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor to submit to the Local Planning Appeal Tribunal the proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City staff to attend the  Local Planning Appeal Tribunal to present and support the proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

3.  City Council authorize the City Solicitor and other appropriate City Staff to continue discussions with the Appellant for further revisions that are substantially in accordance with proposed revisions to By-law 569-2013 in Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

4.  City Council authorize the City Solicitor to retain outside consultants, as necessary, to support City Council's decision.

Confidential Appendix A to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor remains confidential 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 October 2 and 3, 2019, deferred consideration of Item PH8.8 to the October 29 and 30, 2019 meeting of City Council.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council refuse the application for Zoning By-law Amendment at 1218 Royal York Road.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting Section 937-3.12, Closures of the Northbound and Southbound Curb Lanes on Highway 27 for the Finch West Light Rail Transit Project.

2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, despite section 937-4 of Code Chapter 937, from October 3, 2019 to May 31, 2020, the authority to temporarily close to vehicular traffic portions of travel lanes on Highway 27, up to one lane per direction, between 200 metres north of Finch Avenue West and 200 metres south of Humber College Boulevard, daily between 9:30 a.m. to 3:30 p.m. and 9:00 p.m. to 5:00 a.m., as required for the purposes of the hydro infrastructure relocation part of early works for the Finch West Light Rail Transit project and exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.

3. City Council temporarily close to vehicular traffic the northbound right-turn lane on Highway 27 at Finch Avenue West from October 7, 2019 to November 30, 2019, for the purposes of watermain replacement as part of the early works for the Finch West Light Rail Transit  project.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council designate a two-way centre left-turn only lane on Islington Avenue between a point 106 metres north of Dixon Road and a point 54.8 metres south of Kingsview Boulevard.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council approve the installation of traffic control signals at the intersection of Bloor Street West and Lothian Avenue.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the installation of traffic control signals at the intersection of Scarlett Road and Eileen Avenue.

2.  City Council authorize the removal of the existing pedestrian crossover on Scarlett Road, immediately north of Bernice Crescent, in conjunction with the installation of the traffic control signals as set out in Part 1 above.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and Create TO, to engage with the Toronto Catholic District School Board regarding the feasibility, next steps and development of a public consultation process on a solution which could maximize the Buttonwood School and Park sites for both the needs of the School Board and the City with regard to the development of schools, a community centre and a park, and to report to City Council in the first quarter of 2020 with recommendations.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend Zoning By-law 7625, for the lands at 25 Fisherville Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (September 12, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 25 Fisherville Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 12, 2019) from the Director, Community Planning, North York District.

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

4. Prior to the introduction of the Bills to City Council, City Council direct that an updated master Functional Servicing Report be provided for the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, 6020 and 6030 Bathurst Street, and 25 Fisherville Road, and, a site specific Stormwater Management Report, Hydrogeological Report and Geotechnical Report for 25 Fisherville Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5. Prior to the introduction of the Bills to City Council, City Council direct that a Transportation Demand Management Plan be provided, to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. Prior to the introduction of the Bills to City Council, City Council direct that an updated Transportation Impact Study be provided, to the satisfaction of the General Manager, Transportation Services.

7. Before introducing the necessary Bills to City Council for enactment, City Council require that the Local Planning Appeal Tribunal has issued its approval in principle for appeals of applications on the properties located at 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road, which approve developments that include the Road in its entirety on the overall Block Plan.

8. Before introducing the necessary Bills for enactment, City Council require the Owner to enter into and register against title in priority an Agreement (and if necessary a multi-party agreement to secure the provision of the public road as described in Parts 9.n.i. to 9.n.xiii inclusive below) pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities as follows:

a. prior to the issuance of a below-grade shoring permit, the Owner shall make a financial contribution to the City in the amount of $1,500,000.00 to be allocated towards improvements to parks, community facilities and/or the public realm located within Ward 6 and/or the vicinity of the application site, such allocation to be at the discretion of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;

b. the financial contributions referred to in Part 8.a. above shall be indexed in accordance with the Statistics Canada Apartment Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City;

c. in the event the financial contribution referred to in Part 8.a. above has not been used for the intended purpose prior to the expiry of the third anniversary of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

d. $167,000 for the provision of public art on site or in the vicinity of the site;

e. a parkland over-dedication of 133 square metres above the required parkland dedication of 397 square metres;

f. As “Affordable rental dwelling unit” means a rental dwelling unit constructed on the lot and provided and maintained at affordable rent, as defined in the Official Plan:

1. the owner shall provide and maintain 10 one-bedroom dwelling units as affordable rental dwelling units; the average unit size of the affordable rental dwelling units shall be at least the same as the average unit size of the proposed one-bedroom market units; the affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units in the first of the proposed apartment buildings constructed on the site; the general configuration and layout of the 10 affordable rental dwelling units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

2. the owner shall provide and maintain the 10 affordable rental dwelling units as rental dwelling units for at least 20 years, beginning with the date each such unit is first occupied; no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownerships which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 20 years from the date of first occupancy; when the 20-year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and

3. the owner shall provide and maintain the affordable rental dwelling units at affordable rents, as defined in the Official Plan, for at least 15 years, beginning with the date that each such unit is first occupied; during the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline until the tenancy ends.

9. City Council direct that the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

a. submit and construct the development in accordance with the approved Transportation Demand Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. prior to Site Plan Approval for the development, the owner shall provide a Tenant Construction Mitigation Plan and Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and thereafter the owner shall implement such Plans;

c. prior to Site Plan Approval for the development, the owner shall provide a Construction Phasing Plan for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and construct the development in accordance with that Plan;

d. prior to issuance of the first building permit, the owner shall enter into appropriate agreements and provide financial security for external servicing upgrades and acknowledges  that external services will be designed, constructed and operational, if determined necessary by the updated Functional Servicing and Stormwater Manager Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner shall continue to provide and maintain the 214 existing residential rental dwelling units in the existing apartment building at 25 Fisherville Road as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

f. the owner shall design the following improvements noted in Part 9.g. below to the existing apartment building prior to Site Plan Approval taking into account tenant responses to the required survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner shall provide improvements to the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, including but not limited to the following:

i. prior to the first above grade building permit:

1. improve accessibility within the existing apartment building, including push button automatic door openers for all common doors and a clothes folding table which is universally accessible within the laundry room;

2. provide hand delivered refuse drop-off area for recycling and kitchen waste drop-off within the existing apartment building; and

3. long-term bike parking located inside the existing building and bike racks for short-term bike parking near the front entrances of the existing building;

ii. prior to or concurrent with the first above grade building permit for a new residential apartment building, submit a building permit application for the following, which must be constructed prior to occupancy of any new residential apartment building:

1. a 187 square metre indoor amenity space attached to the existing apartment building; and

2. new outdoor amenity areas, which may include but not be limited to a tot play area and dog area;

iii. prior to occupancy of any new residential apartment building:

1. provide centralized garbage storage, staging and pick-up, within the new residential buildings for waste associated with the existing apartment building or internalize within an enclosed structure or structures;

h. the owner shall provide residents of the existing rental building with access to indoor and outdoor amenities within and adjacent to the proposed buildings on the site, including all outdoor amenity spaces and 554 square metres of indoor amenity space within one of the proposed buildings, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building; access and the use of these amenities shall be on the same terms and conditions as any other resident in the building;

i. the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, and improvements for the purpose of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

j. construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard Version 3;

k. provide in the first phase of development of the site a privately-owned publicly accessible open space adjacent to the on-site parkland dedication with a minimum area of 248 square metres generally located along the northern boundary of the parkland dedication, with the details of the location and configuration of the privately-owned publicly accessible open space to be finalized and financially secured pursuant to the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and construct the privately-owned publicly accessible open space in the first phase of development of the site in accordance with the approved site plan;

l. upon the earlier of (a) the first condominium registration of any part of a proposed building on the site and (b) the residential occupancy of a proposed building on the site, grant an easement to the City along with all necessary rights of support, for nominal consideration and free and clear of title encumbrances, to the satisfaction of the City Solicitor, over and upon the privately-owned publicly accessible open space in favour of the general public for the purpose of publicly accessible open space, on terms satisfactory to the Chief Planner and Executive Director, City Planning or designate, in consultation with the City Solicitor;

m. the owner to submit a consolidated wind study for the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, 6020 and 6030 Bathurst Street, and 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall implement the wind control measures identified in the accepted wind study for the property at 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning; such measures to be secured through the Site Plan review process;

n. prior to the issuance of the first building permit for the site, the Owner shall financially secure or cause to be financially secured, construct or cause to be constructed, and convey and/or cause to be conveyed to the City a public road with a minimum width of 16.5 metres with a general alignment in a north/south direction from Fisherville Road along the shared property line between the lands municipally known as 25 Fisherville Road and 6040 Bathurst Street and 5 Fisherville Road and in an east/west direction to Bathurst Street along the shared property line between the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, and 6020 and 6030 Bathurst Street, inclusive of all sidewalks, boulevards (excluding a complete north side boulevard on the east/west public street which may be provided following the demolition of existing structures located within the future right-of-way) and all municipal infrastructure, improvements, and services located in the public road, inclusive of street watermains, storm sewers, sanitary sewers, all public utilities, street trees and landscaping, and street lights (collectively, the "Road"), in accordance with City standards and specifications, subject to acceptable encroachments, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; the provisions of the Section 37 Agreement to secure the Road shall follow the provisions of the City's standard form of subdivision agreement, with modifications at the discretion of the City Solicitor, but shall at least require:

i. prior to the first building permit for the proposed development, the owner shall, at its sole cost and expense, submit detailed design drawings and specifications, signed and stamped by a licensed structural engineer retained at the sole cost and expense of the owner, for the below grade structural encroachments which may remain beneath any part of the Road, such as existing underground parking garages located on the site or the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, and 6020 and 6030 Bathurst Street, which:

1. recommend, as the structural engineer considers appropriate, the approval of necessary construction specifications to the underground parking garage structure to support the Road and any structural loading imparted on it, to be provided at the sole expense of the owner;

2. confirm the design drawings and specifications comply with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors, and recommend and implement measures as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure;

3. include the provision of and construct a roof drainage system and waterproofing with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land; and

4. confirm the temporary roadway protection will be in compliance with OPSS539;

ii. prior to the issuance of the first building permit for the site, the Owner shall submit a Letter of Credit or cause to be submitted a Letter of Credit equivalent to 120 percent of a cost estimate provided by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, to financially secure the provision of the Road;

iii. the owner shall construct or cause to construct the Road to base course asphalt, subject to the terms of the construction phasing plan to be submitted by the owner, and prior to acceptance of the Road, complete construction of the Road to final course asphalt in accordance with standard inspection and acceptance terms to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in accordance with the following:

1.  if the Master Functional Servicing Report and Stormwater Management Report, submitted in accordance with Part 4 above, or any site-specific Functional Servicing Report and Stormwater Management Report concludes that no municipal infrastructure to be located within the Road is required to accommodate groundwater discharge from below grade construction, then the construction of the portions of the Road, as described in Part 9.n. above, will be prior to the issuance of the first above-grade building permit for any new building on the Block; or

2.  if the Master Functional Servicing Report and Stormwater Management Report, submitted in accordance with Part 4 above, or any site-specific Functional Servicing Report and Stormwater Management Report concludes that municipal infrastructure to be located within the Road is required to accommodate groundwater discharge from below grade construction, then the construction of the portions of the Road (as described in Part 9.n. above) will be prior to the issuance of the first building permit for any new building on the Block; and

3.  for the purposes of Part 9.n.iii.1. and of Part 9.n.iii.2. above, the "Block" is defined as the properties at 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road;

iv. prior to the first building permit for the site, the owner shall convey or cause to be conveyed for nominal consideration, the strata and full depth fee simple interests in the Road, including all easements for rights of support, free and clear of all physical encumbrances, subject to any physical encumbrances that may be permitted by the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Transportation Services, and free and clear of all title encumbrances, to the satisfaction of the City Solicitor;

v. prior to conveyance, the owner shall prepare, at their sole cost and expense, all documents and plans necessary to convey the Road to the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

vi. prior to the conveyance of the Road to the City, the owner shall comply with all environmental legislation, regulations, By-laws, and policies with respect to the Road lands and the municipal services located within the Road lands, including the payment of all costs incurred by the City for a third-party peer review of environmental reports submitted by the owner in support of the conveyance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

vii. prior to the conveyance of the Road to the City, the owner shall provide certifications from its retained structural engineer, with reliance extended to the City, which confirm the following in respect of permitted as-built below-grade structural encroachments into the Road:

1. the as-built encroachment, provided it is an underground parking garage, complies with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors;

2. the as-built encroachment, provided it is an underground parking garage, has such strength as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure; and

3. the as-built encroachment, provided it is an underground parking garage, has an adequate roof drainage system and is waterproofed with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth, so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land;

viii. the Owner's payment of engineering and inspection fees, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ix. the construction phasing of the Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the Chief Planner and Executive Director, City Planning;

x. the assumption of the Road by the City following the registration of the conveyance of the Road;

xi. the owner's maintenance and repair of, and liability for, the Road prior to its assumption by the City;

xii. the provision of indemnities and insurance by the owner in favour of the City; and

xiii. the provision of a title opinion for the conveyance of the Road lands to the City, to the satisfaction of the City Solicitor.

10. Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation and that the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

11. City Council authorize the City Solicitor, in the City Solicitor's discretion, to introduce Bills to City Council permitting the development subject to the use of a holding symbol "H" under section 36 of the Planning Act to be removed by amendment to the By-law following the provision of the public road as described in Parts 9.n.i to 9.n.xiii inclusive above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or the Owner entering into and registering against title a multi-party agreement with the City pursuant to Section 37 of the Planning Act to secure the provision of the public road as described in Parts 9.n.i to 9.n.xiii, inclusive above.

12. In the event the site-specific zoning by-law amendment application for the site is appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its final order on the appeal subject to the Owner satisfying the preconditions set out in Parts 9.n.i to 9.n.xiii, inclusive above, with such modifications as may be necessary for the appeal and to secure the provision of the public road by use of a holding symbol "H" under section 36 of the Planning Act.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the two Rental Housing Demolition Applications in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of sixty-four (64) existing rental dwelling units located at 100 Broadway Avenue, 223-225 Redpath Avenue and 227-233 Redpath Avenue, subject to the following conditions:

a. the owner shall provide and maintain three-hundred and twenty-four (324) replacement rental dwelling units at 100 Broadway Avenue, 223-225 Redpath Avenue and 227-233 Redpath Avenue for a period of at least twenty (20) years, beginning from the date that each replacement rental unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, twenty (20) year period; the three-hundred and twenty-four (324) replacement rental units shall be composed of at least fifty-eight (58) bachelor units, one-hundred and ninety-two (192) one-bedroom units, sixty-eight (68) two-bedroom and six (6) three-bedroom units as shown on the floor plans by IBI Group Architects dated July 26, 2019 submitted to City Planning with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the three-hundred and twenty-four (324)  replacement rental dwelling units required above, provide at least twenty-one (21) bachelor units, eighty-seven (87) one-bedroom units, thirty-eight (38) two-bedroom and four (4) three-bedroom units at affordable rents, as defined in the City's Official Plan, and thirty-six (36) bachelor, ninety-seven (97) one-bedroom, thirty (30) two-bedroom and two (2) three-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, all for a period of at least ten (10) years, beginning from the date of first occupancy of each unit;

c. the owner shall provide and maintain fifty (50) new secured rental units on the subject site for a period of at least twenty (20) years beginning from the date that each such additional rental dwelling unit is first occupied, as shown on the floor plans by IBI Group Architects dated July 26, 2019 submitted to City Planning with any revisions to these plans to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall, as part of the fifty (50) new secured rental units required above, provide all units at affordable rents, as defined in the City's Official Plan, all for a period of at least fifteen (15) years, beginning from the date of first occupancy;

e. the owner shall provide tenants of the replacement rental dwelling units and new secured rental units with access to all indoor and outdoor amenities in the proposed rental replacement building as shown on the floor plans by IBI Group Architects dated July 26, 2019 at no extra charge; access and use of these amenities shall be on the same terms and conditions as any other building resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

f. the owner shall provide all three-hundred and twenty-four (324) replacement rental dwelling units and all fifty (50) new secured rental units with a balcony or terrace and ensuite laundry;

g. the owner shall provide tenants of the three-hundred and twenty-four (324)  replacement rental dwelling units and the additional fifty (50) affordable rental dwelling units with access to all bicycle parking and all car parking and visitor parking and storage lockers on the same terms and conditions as any other resident of the building;

h. the owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing sixty-four (64) rental dwelling units proposed to be demolished at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue, including the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into and register on title one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in 1.a. through h. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the sixty-four (64) existing rental dwelling units at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue after all of the following have occurred:

a. the conditions in Part 1 above have been fully satisfied;

b. the Zoning By-law Amendment has come into full force and effect;

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

d. the issuance of excavation and shoring permits for the approved structure on the site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Part 1.a. through h. and any other related matters.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given preliminary approval referred to in Part 2 above.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning  has given preliminary approval referred to in Part 2 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in Condition 4.c. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement and other related agreements.

City Council on October 2 and 3, 2019, deferred consideration of Item NY8.3 to the October 29 and 30, 2019 meeting of City Council.

City Council on October 2 and 3, 2019, deferred consideration of Item NY8.4 to the October 29 and 30, 2019 meeting of City Council.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, to consider including options for any modification of Bartley Avenue and O'Connor Drive which limit vehicular access and infiltration to the existing neighbourhoods as part of the future Environmental Assessment study.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the road alteration by construction of modular traffic island on the west side of Antibes Drive (north-south segment), between a point 7.5 metres south of Antibes Drive (eastbound one-way segment) and a point 4.3 metres further south, generally as shown in drawing NYRD19-0039, dated August 2019, attached to the report (August 13, 2019) from the Acting Director, Traffic Management, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the installation of traffic control signals at the intersection of Lawrence Avenue West and Brookview Drive.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council prohibit parking at all times on the south and east sides of Kodiak Crescent, from a point 225 metres east and north of Sheppard Avenue West (south intersection) to a point 39 metres further north.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council deny the request for a permit to remove one City-owned tree located on the road allowance fronting 116 Briar Hill Avenue.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council deny the request for a permit to remove one (1) privately-owned tree located at 45 Addison Crescent.

2. City Council direct that Confidential Attachment 1 to the report (May 29, 2019) from the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (May 29, 2019) 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 October 2 and 3, 2019, adopted the following:

1. City Council amend the Official Plan, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (August 26, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend former City of Scarborough Employment Districts Zoning By-law 24982 (Progress Employment District), as amended, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 26, 2019) from the Director, Community Planning, Scarborough District.

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

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense:

a. a financial contribution in the amount of $750,000.00 payable to the City of Toronto prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

i. $100,000 to be allocated to the Toronto Public Library to undertake capital upgrades at the Scarborough Civic Centre Branch; 

ii. $160,000 to be allocated towards park improvements within proximity of the site;

iii. $105,000 to be allocated towards capital improvements to Squirrel's Nest Child Care at 1305 Ellesmere Road; 

iv. $200,000 to be allocated to Toronto Public Library branches for capital upgrades to the library facilities, including the purchase of musical instruments in order to deliver the 'Borrow a Musical Instrument' loan program, musical equipment for local non-profit community and school bands, and/or equipment and software for recording studio purposes;

v. $100,000 towards capital improvements to the Scarborough YMCA at 230 Town Centre Court to improve accessibility of the building;

vi. $85,000 towards funding for capital facilities for EarlyON programs in close proximity to the subject site; and

vii. in the event the cash contributions required in Parts 4.a.i to 4.a.iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the subject property.

b. a financial contribution in the amount of 1 percent of the gross construction costs to commission public art in a process in accordance with the Percent for Public Art Program Guidelines; a Letter of Credit in the amount of 1 percent of the gross construction costs will be provided prior to the issuance of the first above-grade building permit, with such an amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. Prior to the issuance of the first above-grade building permit, the owner will submit a plan that details the possible locations of any public art installations on the site and the method of art selection, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor; and

c. the following matters are also recommended to be secured in the Section 3 Agreement as a legal convenience to support development:

i. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009, and as updated by City Council at its meeting held on December 5, 6 and 7, 2017, and as may be further amended by City Council from time to time.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend the former City of Scarborough Birchcliff Community Zoning By-law 8786, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (August 28, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 28, 2019) from the Director, Community Planning, Scarborough District.

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

4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters at the owners expense:

a. prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the owner shall pay to the City a cash payment of five hundred thousand dollars ($500,000.00) to be allocated towards: public art; non-profit arts, cultural, community or institutional facilities; and/or various streetscape improvements not abutting the site in Ward 20 to be determined by the Chief Planner and Executive Director, City Planning in consultation with the local Councillor, and that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the financial contribution identified in Part 4.a. above shall be indexed upwardly from the date of the registration of the Section 37 Agreement to the date the payment is made in accordance with the non-residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor; and

c. in the event the cash contribution referred to in Part 4.a. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.   

5. City Council direct that the following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

a. the  Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time.

6. Prior to the issuance of Notice of Approval Conditions for the related Site Plan Control Application, City Council require the owner to address the following matters to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

a. provide space within the development for the installation of maintenance access holes and sampling ports on the private side of the property line of 1478-1496 Kingston Road, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681;

b. enter into a financially secured Development Agreement with the City for the construction of improvements to the municipal infrastructure including the extension of proposed storm and sanitary sewers to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. satisfy all outstanding issues outlined in the Engineering and Construction Services Memorandum dated Aug 27, 2019 to City Planning to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend former City of Scarborough Eglinton Community Zoning By-law 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to  submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.

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

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

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

i. $500,000 towards capital improvements to Horton Park and/or Above Base Park Improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East; and

ii. a 2 percent parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East; and

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

i. construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

6. If the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may amended from time to time.

7. Should the Zoning By-law Amendment be appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.

8. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:

a. the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning;

b. the owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and

c. the owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.

9. City Council approve Site Plan Application 18 148155 ESC 35 SA for the proposed development in principle as indicated on the drawings listed in Attachment 10, subject to the draft conditions of Site Plan Approval listed in Attachment 10 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.

10. City Council delegate back to the Chief Planner or designate the authority to issue final Site Plan Approval.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the Chief Planner and Executive Director, City Planning to initiate a planning review for 1571 Sandhurst Circle, as outlined in the report (August 28, 2019) from the Director, Community Planning, Scarborough District in consultation with the area Councillor and landowner.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council designate the northerly westbound lane on Kingston Road, between Eglinton Avenue East and a point 30.5 metres east, for westbound right turns only, buses excepted.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council prohibit northbound and eastbound left turns at all times at Midland Avenue and the private access located approximately 111 metres north of McNicoll Avenue.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council prohibit eastbound U-turns at all times on Ellesmere Road, between Military Trail/Orton Park Road and a point 450 metres east.

City Council on October 2 and 3, 2019, adopted the following: 

1. City Council authorize the permanent closure of the boulevard lands on the north-west corner of Phoebe Street and Soho Square, shown as Part 1 on Sketch PS-2017-025 (the "Highway") and Part 1 on Reference Plan 66R-30774, attached to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2. City Council enact a By-law substantially in the form of the Draft By-law attached as Appendix A to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following: 

1. City Council authorize the permanent closure of the portion of the public lane at the rear of 27-37 Yorkville Avenue and abutting 26 Cumberland Street, shown as Parts 1, 2 and 3 on Sketch PS-2016-044 (the "Lane") and Parts 5, 6 and 18 on Reference Plan 66R-30438, upon construction, conveyance and dedication of a new public lane, shown as Part 4 on Sketch PS-2016-044 (the "New Lane Outlet"), attached to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2. City Council enact a By-law substantially in the form of the Draft By-law attached as Appendix A to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council rescind its previous decision on Item 2018.TE32.3.

2. City Council amend Zoning By-law 438-86, for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61, and 65 Jefferson Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (August 26, 2019) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment, noted in Part 2 above, as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner(s) to:

a. enter into a Heritage Easement Agreement with the City for the properties at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51,61 and 65 Jefferson Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning and the City Solicitor, and in accordance with the recommendations of the Staff report (April 6, 2018) to the Toronto Preservation Board from the Senior Manager, Heritage Planning with such agreement to be registered on title to the subject properties prior to the earlier of the coming into force of the Zoning By-law Amendment giving rise to the proposed alterations, or the issuance of any permit for all or any part of the properties, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning; and

b. 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 the properties at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61and 65 Jefferson Avenue, all to the satisfaction of the Senior Manager, Heritage Planning, in accordance with the recommendations of the Staff report (April 6, 2018) to the Toronto Preservation Board from the Senior Manager, Heritage Planning.

5. Before introducing the necessary Bills contemplated in Part 2 above to City Council for enactment, City Council require the owner(s) to enter into an Agreement with the City, pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, together with satisfactory provisions in the Zoning By-law Amendment, to secure the following, at the owner's expense, in connection with 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue, with such agreement to be registered to the satisfaction of the City Solicitor prior to the earlier of the bills coming into force, or the issuance of any permit for all or any part of the properties, including a heritage permit or a building permit, including conditional permits and permits for excavation and shoring, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning:

a. the following matters are recommended to be secured in a Section 37 Agreement:

i. a financial contribution by the owner of $1,250,000.00, payable prior to the issuance of the first above-grade building permit, towards the provision of affordable rental housing within Ward 10 in the vicinity of the site, including provision for upward indexing in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment;

ii. the owner shall provide, secure and maintain 42 replacement live/work rental dwelling units within the proposed building, at rents as prescribed in Part 6 below, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

iii. the owner shall provide tenant relocation and assistance to all eligible tenants, including securing the right to return to a replacement live/work rental dwelling unit within the proposed building at restricted rents all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv. prior to final Site Plan Approval for the proposed Zoning By-law Amendment for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall:

A. provide final site plan drawings substantially in accordance with the approved Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning;

B. have obtained final approval for the necessary Zoning By-law Amendment required for the development lands, such Amendment to have come into full force and effect;

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

D. provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

E. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

v. prior to the issuance of any permit for all or any part of the property at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, including a heritage permit or a building permit, and including conditional permits, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

A. have obtained final approval for the necessary Zoning By-law Amendment required for the alterations to the property 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, such amendment to have come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning , in consultation with the Senior Manager, Heritage Planning;

B. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning; and

C. 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 Planning, to secure all work included in the approved Conservation Plan, Lighting Plan, and Interpretation Plan;

vi. prior to the release of the required Letter of Credit, the owner shall provide a letter of substantial completion, prepared and signed by a qualified heritage consultant, confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation Plan, approved Lighting Plan and approved Interpretation Plan and that an appropriate standard of conservation has been achieved, all to the satisfaction of the Senior Manager, Heritage Planning and shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning;

b. the following matters of convenience are recommended to be secured in the Section 37 Agreement by and at the owner's expense and thereafter implemented to the City's satisfaction:

i. implementation of wind mitigation measures as determined through a wind tunnel analysis undertaken prior to the issuance of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. design and construction of public realm improvements on Liberty Street, Jefferson Avenue and Atlantic Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

iii. design and construction of the required improvements to municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report(s) prior to the issuance of the first above-grade building permit for all or any part of the development lands, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing and Stormwater Management Reports;

iv. submission of a Construction Management Plan for the development lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, prior to the issuance of any permit, including a heritage permit or a building permit, and including conditional permits, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, and thereafter shall implement the plan during the course of construction;

v. matters related to heritage preservation of the existing heritage building at 58 Atlantic Avenue (25 Liberty Street), to the satisfaction of the Senior Manager, Heritage Planning; and

vi. construction and mainenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on December 5, 6, and 7, 2017, through the adoption of Item 2017.PG 23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time.

6. City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 42 existing live/work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue subject to the following conditions:

a. the owner shall provide, secure and maintain not less than 42 replacement live/work rental dwelling units, comprised of at least 22 bachelor, 19 one-bedroom and 1 two-bedroom units, within the proposed 10-storey building on the subject site, for a period of at least 20 years, beginning from the date that each replacement live/work rental dwelling unit is first occupied, and as generally illustrated in the plans provided to City Planning dated August 1, 2019; any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide, secure and maintain at least 1 one-bedroom replacement live/work rental dwelling unit at affordable rent and 6 bachelor, 6 one-bedroom and 1 two-bedroom replacement live/work rental dwelling units at mid-range rents, for a period of at least 10 years, beginning from the date that each replacement live/work rental dwelling unit is first occupied; the remaining 28 replacement live/work rental dwelling units shall have unrestricted rents;

c. the owner shall provide ensuite laundry in each replacement live/work rental dwelling unit at no additional cost to tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of the replacement live/work rental dwelling units with access to all indoor and outdoor amenities in the proposed 10-storey building at no extra charge; access and use of these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner shall provide 12 vehicle parking spaces to tenants of the replacement live/work rental dwelling units, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner shall provide tenant relocation and assistance to all eligible tenants of the existing live/work rental dwelling units, including the right to return to a replacement live/work rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. the owner shall enter into and register on title to the subject site one or more Agreement(s) to secure the conditions outlined in Parts 6. a. to f. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006.

7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 42 existing live/work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue after all the following have occurred:

a. satisfaction or securing of the conditions in Part 6 above;

b. the Zoning By-law Amendment referred to in Part 2 above has come into full force and effect;

c. the issuance of the Notice of Approval Conditions for Site Plan approval by the Chief Planner and Executive Director, City Planning or designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits for the approved development on the site; and

e. the execution and registration of one or more Section 37 Agreements pursuant to the Planning Act securing Parts 6. a. to f. above and any other requirements of the Zoning By-law Amendment.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Part 7 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the proposed development, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Part 7 above, which may be included in the Residential Demolition Permit under 363-11.1, of the Toronto Municipal Code, on condition that:

a. the owner erects the proposed building on site no later than three (3) years from the day demolition of the buildings is commenced; and

b. should the owner fail to complete the new building within the time specified in Part 9. a. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

10. Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 111 Agreement, Section 37 Agreement, and Heritage Easement Agreement.

11. Before introducing the necessary Bills contemplated in Part 2 above to City Council for enactment, City Council require the owner(s) to submit revised Functional Servicing, Geotechnical and Stormwater Management Reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, that address the comments in the memo (August 13, 2019) from the Manager, Development Engineering, Toronto and East York District.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend Zoning By-law 438-86, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District. 

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

4. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall:

a. enter into a Heritage Easement Agreement with the City for the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Part 4.b. below, to the satisfaction of the Senior Manager, Heritage Planning;

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Planning;

c. deliver to the City Solicitor an irrevocable written Notice of Withdrawal, addressed to the Local Planning Appeal Tribunal, of its appeal of Official Plan Amendment 352, City of Toronto By-law 1106-2016, and City of Toronto By-law 1107-2016 (Local Planning Appeal Tribunal Case PL161316, Appeal 59) which shall be held in escrow by the City Solicitor and shall only be released by the City Solicitor to the Local Planning Appeal Tribunal, with a copy to the owner, upon the earlier of:

i. the City Solicitor receiving written confirmation from the City Clerk's Office that no appeals of By-laws passed by City Council permitting the site-specific Zoning By-law Amendments for the subject site were filed with the City Clerk's Office prior to the expiry of the statutory period for filing an appeal under the Planning Act and the site-specific Zoning By-law Amendments are final and binding;

ii. the withdrawal of all appeals filed in respect of By-laws passed by City Council permitting the site-specific Zoning By-law Amendments for the subject site; or

iii. the final disposition of all appeals filed in respect of by-laws passed by City Council permitting the site-specific Zoning By-law Amendments for the subject site.

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

a. contributions to be allocated towards the following:

i. a contribution of $3,271,000, either as a cash contribution, or secured by way of a Letter of Credit, or combination thereof, shall be directed towards public streetscape improvements adjacent to the subject site as shown on the Landscape Plans by Claude Cormier + Associes dated March 13, 2019, to the satisfaction of the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above-grade permit;

ii. a cash contribution of $1,829,000 to be allocated to public streetscape improvements within the Financial District, of which the boundaries are established on Map 41-2 of the Downtown Plan, payable prior to the issuance of the first above-grade permit;

iii. a cash contribution of $12,400,000, payable prior to the issuance of the first above grade, to be directed as follows:

A. $8,000,000 towards the provision of new affordable housing within Ward 13, to be directed to the Capital Revolving Fund for Affordable Housing, in consultation with the Ward Councillor; and

B. $4,400,000 towards the provision of local streetscape improvements within Ward 13, in consultation with the Ward Councillor; and

iv. a contribution of a minimum value of $1,000,000 for on-site public art, through  the preparation of a public art plan, in accordance with City Planning's Percent for Public Art process, and with approval from City Council. Alternatively, if it is determined that the public art will not be on-site, the owner will contribute the $1,000,000 to the City's capital budget for Public Art off-site to be commissioned by the City; the owner agrees to advise the City, in writing of its chosen option prior to the issuance of the first building permit;

b.  the payment amounts referred to in Part 5.a. above to be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City;

c. in the event the cash contributions referred to in Part 5.a. above has not been used for the intended purposes within three (3) years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13; and

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

I. the design of the 3-storey pavilion and the 65-storey tower and structural elements as shown on architectural plans by Adamson Associates dated March 13, 2019 be secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. the owner is to provide a privately-owned publicly-accessible space network as shown on the architectural plans by Adamson Associates dated March 13, 2019 and Landscape Plans by Claude Cormier + Associés dated March 13, 2019, and be secured as part of site plan approval and an easement agreement, including hours of operation and programming, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. the owner pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support the development;

iv. the owner implement the mitigation measures identified in the Pedestrian Wind Study dated April 30, 2019 by RWDI, secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. comply with the City's Tree By-laws, including a tree planting plan, to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry, Parks Forestry and Recreation;

vi. that prior to final site plan approval the owner shall:

A. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 4.b. above to the satisfaction of the Senior Manager, Heritage Planning;

B. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

C. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

D. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

E. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

F. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

G. submit an acceptable functional plan illustrating the proposed widening of the northerly boulevard along Wellington Street West between Yonge Street to Bay Street and the associated modifications in the pavement marking and road signs, to the satisfaction of the General Manager, Transportation Services;

H. enter into a Municipal Infrastructure Agreement in respect of the northerly boulevard widening along Wellington Street West, as generally shown on the architectural plans by Adamson Associates dated March 13, 2019, to the satisfaction of the General Manager, Transportation Services;

I. pay all costs associated with the proposed boulevard extension along the Wellington Street West frontage of the building between Yonge Street to Bay Street including pavement marking and signing plans required as a result of the boulevard extension identified in Parts 5.d.vi.G. and H. above; and

vii. prior to the issuance of any permit for all or any part of the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

A. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

B. provide building permit drawings, including notes and specifications for the conservation and protective measures identified in the approved Conservation Plan as required in Part 4.b. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

C. 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 Planning to secure all work included in the approved Conservation Plan Lighting and Interpretation Plan; and

D. register the heritage easement agreement on title to the satisfaction of the City Solicitor;

viii. prior to the release of the Letter of Credit required in Part 5.d.vii.C. above, the owner shall:

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

B. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning; and

ix. upon the necessary Zoning By-law Amendments required for the subject property have come into full force and effect, or at an earlier time determined by the Chief Planner and Executive Director, City Planning, should it be deemed necessary to establish a working group for the associated site plan application, one will be convened, in accordance with a terms of reference established by City Planning, in consultation with the Ward Councillor, to address matters under section 114 of the City of Toronto Act. 

City Council on October 2 and 3, 2019, adopted the following:

1. City Council revise Zoning By-law 438-86, as amended, for the lands identified in the Port Lands Planning Framework as McCleary District, Media City District and Turning Basin District, substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 1 to the supplementary report (September 13, 2019) from the Director, Community Planning, Toronto and East York District.

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

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Warehouse District substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (September 27, 2019) from the Chief Planner and Executive Director, City Planning.

2. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as East Port and South Port, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the supplementary report (September 27, 2019) from the Chief Planner and Executive Director, City Planning.

3. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Maritime Hub substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 3 to the supplementary report (September 27, 2019) from the Chief Planner and Executive Director, City Planning.

4. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Leslie Green Portal and Turning Basin Park, and 55, 79 and 115 Unwin Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

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

6. City Council direct the Chief Planner and Executive Director, City Planning to undertake Port + Industrial Urban Design Guidelines for East Port, South Port and Warehouse District to accompany amendments to Zoning for these employment-focused districts.  

7. City Council direct the Chief Planner and Executive Director, City Planning to explore operational and security requirements of port users adjacent to the Don Greenway South to identify potential performance standards during the development of Port + Industrial Urban Design Guidelines.

8. City Council direct the Chief Planner and Executive Director, City Planning, to take any other actions necessary to implement the directions outlined in the report (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

9. City Council determine pursuant to Subsection 34 (17) of the Planning Act that no further notice is required.

City Council on October 2 and 3, 2019, adopted the following:

1.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 3 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District subject to:

 
a.  the conditions as generally listed in Attachment 4 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

 
b.  any such revisions to the proposed subdivision plan or any such additional 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 the development at 215 Lake Shore Boulevard East.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council further amend former City of Toronto Railway Lands East Zoning By-law 168-93, as amended by By-law 1104-2016, for the lands bounded by Bay Street, Yonge Street, 1 Front Street West and the Rail Corridor (municipally known in 2018 as 141 Bay Street and the portion of lands designated for Transportation uses between Bay and Yonge Streets) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (August 20, 2019) from the Director, Community Planning, Toronto and East York District.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of three existing rental dwelling units located at 149, 151, 153, 155 and 157 Bathurst Street.

2. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of three existing rental dwelling units at 149, 151, 153, 155 and 157 Bathurst Street after all of the following have occurred:

a. satisfaction of Part 1 above;

b. the site-specific Zoning By-law Amendments have been approved by the Local Planning Appeal Tribunal; and

c. the Owner has made every reasonable effort to work with city staff and the Ward Councillor's office to develop an appropriate interim use for the site after demolition of the existing buildings has occurred and entered into any necessary and appropriate commitments to secure such use, all to the satisfaction of the Ward Councillor and in consultation with the Chief Planner and Executive Director, City Planning.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning, has Issued the Preliminary Approval referred to in Part 2 above.

4. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Section 33 of the Planning Act after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Part 2 above, which may be included in the demolition permit for Chapter 667 under 363-11.1, of the Toronto Municipal Code, on condition that:

a. a construction fence be erected prior to the commencement of any demolition on the site in accordance with the provisions of the Municipal Code, Chapter 363, Article III, and be maintained during construction of any interim use, if deemed appropriate by the Chief Planner and Executive Director, City Planning, and the Ward Councillor;

b. all debris and rubble be removed immediately after demolition; and

c. any holes on the property be backfilled with clean fill.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal respecting the Official Plan Amendment 273 appeal and the site specific Zoning By-law Amendment Appeal for 2 Tecumseth Street and 125-133 Niagara Street in support of the revised proposal, as described in the Issue Background section of the report (August 16, 2019) from the Director, Community Planning, Toronto and East York District and also appended as Attachments 5 to 10.

2. City Council authorize the City Solicitor and the Director, Community Planning, Toronto and East York District to prepare and present a settlement to the Local Planning Appeal Tribunal that is substantially in accordance with the revised plans appended as Attachments 5 to 10 to the report (August 16, 2019) from the Director, Community Planning, Toronto and East York District and include the following:

a. a maximum building height of 83 metres for Building 1, 98 metres for Building 2, 36 metres for Building 3 and 10 metres for Building 4;

b. a maximum overall gross floor area of 88,600 square metres and density of 4.53 times the area of the lot;

c. a minimum on-site parkland dedication of 1,493 square metres; and

d. A multi-use path situated along the southern boundary of the site, measuring a minimum width of four metres for it entire length.

3. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on Official Plan Amendment 273 and the Zoning By-law amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment 273 and the Zoning By-law amendment are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. all engineering and site access matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

c.  the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;

d. the owner has submitted a Rail Safety Report which has been accepted by the City's peer reviewer, as paid for by the owner, and to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. a Section 37 agreement has been executed and registered to the subject property, to secure the following matters:

i. the owner shall provide affordable rental housing units on the subject site, equal to a value of $6,000,000.00 and to the satisfaction of the Chief Planner and Executive Director, City Planning, or provide a $6,000,000.00 financial contribution to the Affordable Housing Capital Revolving Fund in lieu of the affordable rental housing units being provided on the subject site; 

ii. if taken as a cash contribution, the $6,000,000.00 contribution referred to in Part e.i. above shall be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit;

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

i. the owner agrees to implement above base park improvements to the proposed parkland on the west side of the site, to be funded by a combination of development charge credits and any financial considerations required in lieu of the parkland dedication shortfall, in accordance with Section 42 of the Planning Act, as of the date of the report (August 16, 2019) from the Director, Community Planning, Toronto and East York District;

ii. the owner agrees to construct a multi-use path at a minimum width of four metres, located on private property along the rail corridor at the south side of the site, to be offset by development charge credits;

iii. the owner agrees to maintain, at the owners cost, the multi-use path referred to in Part 3.f.ii. above, clear of any debris, snow and ice and also to be responsible for all capital maintenance costs;

iv. the owner agrees to design and construct public realm improvements above the base condition at the southern terminus of the Tecumseth Street right-of-way, to be offset by applicable Development Charge credits, to the satisfaction of the General Manager, Transportation Services;

v. the owner agrees that, of the residential market units provided on the site, a minimum of 20 percent  and 10 percent will be provided as two-bedroom units and  three-bedroom units respectively;

vi. the owner agrees to submit, and thereafter implement, a construction management plan to address such matters as wind, noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor and shall be submitted prior to the commencement of any shoring and excavation work;

vii. the owner agrees to use reasonable efforts to secure affordable rent for additional units within the proposed building, beyond those referred to in Part 3.e.i. above, through Federal, Provincial and/or Municipal funding programs which may become available;  

viii. the owner agrees to provide a minimum of one times the area of the lot (approximately 19,480 square metres) as residentially compatible employment space;

ix. the owner agrees to implement any mitigation measures as identified through the review of the Site Plan application to mitigate impacts from the adjacent City Works Yard;

x. prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall incorporate all mitigation measures from the rail safety study accepted by the City's peer reviewer into the drawings submitted for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, and prior to Site Plan Approval, agree that all mitigation measures be constructed and maintained by the owner at its sole cost and expense;

xi. prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall submit a Noise and Vibration Feasibility Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the noise and vibration consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval;

xii. the owner agrees to submit a wind tunnel analysis prior to the issuance of final Site Plan Approval and implement any mitigation measures identified in the analysis;

xiii. the owner agrees to grant any necessary public access easements in favour of the City for areas within the site such as the multi-use pathway and publicly-accessible open space areas;

xiv. as part of the materials submitted with the forthcoming Site Plan application at 2 Tecumseth Street and 125-133 Niagara Street, the applicant shall submit a revised Transportation Impact Study containing a review and analysis of the following:

 
a. existing and projected pedestrian and cycling demand and an assessment of the adequacy of the existing pedestrian and cycling infrastructure to safely and comfortably accommodate such demand;

 
b. recommendations on possible road safety measures including, but not limited to, signage, speed-bumps, bump-outs and pavement treatments and markings to be implemented for the area in and around Wellington Street West between Bathurst Street and Strachan Avenue in order to improve existing and future pedestrian and cycling safety;

 
c. evaluation of additional possible improvements to pedestrian and cycling crossings of the intersections at Wellington Street West and Tecumseth Street and Wellington Street West and Strachan Avenue; and

 
d. general description of the anticipated pedestrian and cycling desire lines to/from and through the site and the new public park to the west;

and the applicant, together with the Local Councillor, City Planning staff and any other City Divisions deemed relevant, will conduct a community engagement process in the development of the Transportation Impact Study; and  

xv. the owner agrees to make provisions for a variety of uses and programming including non-retail uses in the non-residential areas of the development.

4. City Council amend Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate a revised map of Permit Parking Area "4I" to exclude 2 Tescumseth Street and 125-133 Niagara Street.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the alterations to the heritage building at 52 Boswell Avenue, in accordance with Section 42 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans prepared by Farrow Partners Inc., dated March 5, 2019 (Toronto Local Appeal Body drawings regarding roof terrace); June 6, 2019 (Preliminary Project Review application drawings) and July 4, 2019 (Landscape plan), and on file with the Senior Manager, Heritage Preservation Services, and subject to the following conditions:

a. prior to the issuance of any heritage permit for the property at 52 Boswell Avenue, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. the landscape plan hereby approved shall be implemented within one year of the substantial completion of the development hereby approved or such longer period as is acceptable to the Senior Manager, Heritage Preservation Services. Any trees removed, dying, being severely damaged or becoming diseased within two years of planting shall be replaced with trees of similar size and species to those originally required to be planted; and

c. the car lift shall remain in its below-grade location at all times apart from when in use for moving a vehicle to the below grade garage and when needed above ground for maintenance purposes.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council state its intention to designate the property at 39 Commissioners Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 39 Commissioners Street (Reasons for Designation) attached as Attachment 4 to the report (August 7, 2019) from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning.

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

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

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

5. City Council approve the alterations to the heritage property at 39 Commissioners Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the relocation of Fire Hall 30 within a new City park on the lands known municipally in the 2019 as 39 Commissioners Street, with such alterations substantially in accordance with plans and drawings dated October 20, 2018 and revised July 26, 2019, prepared by ERA Architects Inc., and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated July 26, 2019 and revised August 1, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with Conservation Plans satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. prior to the issuance of any permit to allow for the initial relocation of Fire Hall No. 30, including a heritage permit or a building permit, the owner shall:

1. provide a detailed Phase 1 Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 39 Commissioners Street prepared by ERA Architects, dated July 26, 2019 and revised August 1, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Phase 1 Conservation Plan required in Part 5.a.1. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services.

b. prior to final Site Plan approval for the proposed adaptive reuse of Fire Hall 30 the owner shall:

1. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

2. provide a Heritage Lighting Plan that describes how the exterior of 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

3. 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;

c. prior to the issuance of any permit for all or any part of the property at 39 Commissioners Street, including a heritage permit or a building permit, but excluding permits to allow for the initial relocation of Fire Hall 30 as set out in Part 5.a. above and permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. provide a detailed Phase 2 Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 39 Commissioners Street prepared by ERA Architects Inc., dated July 26, 2019 and revised August 1, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Phase 2 Conservation Plan required in Part 5.c.1. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

d. prior to a permit for first occupancy the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plans and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize the installation of an on-street accessible parking space at the location identified in Appendix A to the report (August 28, 2019) from the Acting Director, Traffic Management, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the temporary traffic and parking regulations on streets in the vicinity of Distillery District that are impacted during the Toronto Christmas Market, identified in Appendix A to the report (September 13, 2019) from the Acting Director, Traffic Management, Transportation Services; the temporary parking regulations will override all existing regulations for the duration of this event, from November 14, 2019 to December 22, 2019.

2.  City Council authorize the temporary closure to vehicular traffic of the eastbound curb lane on Mill Street, between Trinity Street and Cherry Street, from November 14, 2019 to December 22, 2019, inclusive, to facilitate pedestrian traffic at the Toronto Christmas Market event.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council designate a commercial loading zone to operate at all times except from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., Monday to Friday, on the west side of Bathurst Street, between a point 31 metres north of Wolseley Street and a point 14 metres further north.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council rescind the existing car-share vehicle parking area for up to two Car2Go vehicles on the north side of Cosburn Avenue, between a point 114 metres west of Pape Avenue and a point 11 metres further west.

2. City Council rescind the existing car-share vehicle parking area for up to three Car2Go vehicles on the north side of Davenport Road, between a point 9 metres east of Winona Drive and a point 11 metres further east.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council extend the overnight on-street permit parking hours on High Park Avenue, between Annette Street and Dundas Street West from 12:01 a.m. to 7:00 a.m., 7 days a week to the new hours of 12:01 a.m. to 7:00 a.m., 7 days a week and 5:00 p.m. to 7:00 p.m., Monday to Friday.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council prohibit stopping at all times on the east side of Christie Street (east roadway), between a point 66.5 metres north of Bloor Street West and a point 9 metres further north.

2. City Council rescind the existing standing prohibition in effect at all times on the east side of Christie Street (east roadway) between a point 66.5 metres north of Bloor Street West and a point 9 metres further north.

3. City Council amend the existing passenger loading zone in effect at all times on the east side of Christie Street, between a point 66.5 metres north of Bloor Street West and a point 28 metres further north, to be in effect at all times, between a point 75.5 metres north of Bloor Street West and a point 19 metres further north.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize and request the Director, Traffic Management, Transportation Services to install traffic control signals at the intersection of Bay Street and St. Mary Street as soon as possible to enhance protections for vulnerable road users, especially pedestrians and cyclists, as part of Vision Zero.

City Council on October 2 and 3, 2019, adopted the following:  

1. City Council authorize the installation of traffic control signals at the intersection of Spadina Road and Macpherson Avenue.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize the installation of a pedestrian crossover at the intersection of Cosburn Avenue and Glebemount Avenue.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize the installation of traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue.

2. City Council authorize removal of the existing pedestrian crossover on Lansdowne Avenue immediately north of Brandon Avenue in conjunction with the installation of traffic control signals at Lansdowne Avenue and Brandon Avenue.

3. In advance of the issuance of the Notice of Approval Conditions for Site Plan approval, City Council require the owner to enter into a financially secured agreement for the installation of traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue to the satisfaction of the General Manager, Transportation Services.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize all-way compulsory stop control at the intersection of Oriole Parkway and College View Avenue.
 

2. City Council authorize removal of the pedestrian crossover at Oriole Parkway and College View Avenue, in conjunction with the installation of all-way compulsory stop control at the intersection of Oriole Parkway and College View Avenue.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council approve the alterations to the heritage properties at 199 Bay Street, 25 King Street West and 56 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new commercial office building on the lands known municipally in the year 2019 as 199 Bay Street, 25 King Street West and 56 Yonge Street (including the entrance addresses of 21 Melinda Street, 187 Bay Street and 18-30 Wellington Street West) with such alterations substantially in accordance with plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, 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. prior to the introduction of the Bills for such Zoning By-law Amendment by City Council, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Part 1.a.2. below, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. enter into on the property at 199 Bay Street, 25 King Street West and 56 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations;

b. prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 199 Bay Street, 25 King Street West and 56 Yonge Street:

1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.2. above;

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

4.  provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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;

5. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and

6. provide an Interpretation Plan for the subject properties 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;

c. prior to the issuance of any permit for all or any part of the property at 199 Bay Street, 25 King Street West and 56 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.2. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. 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 Lighting and Interpretation Plan;

4. provide full documentation of the Commerce Court South and Commerce Court East buildings, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

5.  register the heritage easement agreement referenced in Part 1.a.l. above on title to the property, to the satisfaction of the City Solicitor;

d. prior to the release of the Letter of Credit required in Part 1.c.3. above, the owner shall:

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

2. 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 199 Bay Street, 25 King Street West and 56 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into a Heritage Easement Agreement for the property at 199 Bay Street, 25 King Street West, and 56 Yonge Street.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council exempt the applicant at 925 Pape Avenue from the former municipality of East York By-law 6752, as amended, the parking requirement of 1 office parking space, subject to a $2,500.00 payment-in-lieu of parking, providing the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council prohibit the following right-turn movements on a red traffic signal as part of the proposed cycling safety intersection improvements depicted in Attachment 1 entitled "Dundas Street East and Jones Avenue Intersection Improvement Plan" attached to the Letter (September 13, 2019) from Councillor Paula Fletcher, Ward 14, Toronto-Danforth:

a.  northbound right-turn movement at the intersection of Dundas Street East and Jones Avenue;

b.  eastbound right-turn movement at the intersection of Dundas Street East and Jones Avenue; and

c.  westbound right-turn movement at the intersection of Dundas Street East and Jones Avenue.

2.  City Council authorize the amendments to traffic regulations in Part 1 above, as described in Attachment 2 entitled "Amendments to Traffic Regulations" attached to the Letter (September 13, 2019) from Councillor Paula Fletcher, Ward 14, Toronto-Danforth.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council reduce the speed limit from 50 km/h to 40 km/h on Kingston Road, between Victoria Park Avenue and Queen Street East.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize and direct the City Clerk to conduct a permit parking poll of the residents on the streets listed in Attachment 1 to the Letter (September 9, 2019) from Councillor Brad Bradford, Ward 19 Beaches-East York, in accordance with City of Toronto Municipal Code Chapter 190, Polling and Notification, in relation to maintaining or removing permit parking on their street.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council reduce the speed limit from 50 km/h to 30 km/h on Fort York Boulevard, between Spadina Avenue and Bathurst Street.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council request the General Manager, Transportation Services to work with the City's crossing guard vendors to provide ongoing training to all crossing guards to ensure that they are fully prepared to perform their duties.

2. City Council receive the report (September 20, 2019) from the General Manager, Transportation Services for information.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Solicitor to report on the response to the August 6, 2019 letter from the City Solicitor to the Registrar of Alcohol, Gaming and Racing directly to the October 29 and 30, 2019 meeting of City Council.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council receive the report (September 25, 2019) from the City Solicitor for information.

2. City Council direct that Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remain confidential in its entirety as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation involving the City and it contains advice that is subject to solicitor-client privilege.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated September 20, 2019 in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor, subject to the Parts set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor and as shown on the revised materials in Confidential Attachments 3 and 4 to the report (September 23, 2019) from the City Solicitor, subject to the Parts set out below.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on an implementing Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the comments from Transportation Services in their memo of September 12, 2019 have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services and as outlined in the Settlement Offer in Confidential Attachment 2 to the report (September 23, 2019) from the City Solicitor;

c.  the applicant has provided sufficient space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law, Chapter 681.10 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  a Section 37 Agreement has been executed by the parties securing the following commitments:

i.  the proposed intersection reconfiguration at the northwest corner of Jane Street and Weston Road to facilitate development of 1391 Weston Road, at no cost to the municipality, including, but not limited to geometric modifications, line paintings, and associated changes to the signal hardware and signal timing plans and coordination, if required as a result of the development of the Subject Site; and

ii.  a contribution in the amount of $20,000 to the City for local business improvement efforts; in the event the cash contribution has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose will benefit the community in the vicinity of the lands.

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

The balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (September 23, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the with prejudice Settlement Offer dated August 19, 2019.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to continue to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 859 The Queensway, and attend any Local Planning Appeal Tribunal hearing in opposition to the Revised Plans, and retain such experts as may be required.

3.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until:

a.  a draft Zoning By-law Amendment is submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and includes the following provisions:

i.  the vehicular parking ratios comply with the Policy Area 4 parking requirements of Zoning By-law 569-2013;

ii.  accessible parking spaces are provided in accordance with the supply and dimensional requirements of Zoning By-law 569-2013;

iii.  the loading spaces comply with the dimension requirements of Zoning By-law 569-2013;

iv. the following definition is included in the Site-Specific By-law:

A.  car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership fees that may or may not be refundable; and

B.  car-share parking spaces means a parking space that is reserved and actively used for car-sharing;

v.  a minimum of 15 percent of the total number of residential units must be 2-bedroom units and 10 percent must be 3-bedroom or larger units; and

vi.  a minimum of 2 square metres per unit residential unit of both indoor and outdoor amenity space is provided;

b.  the owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor, in consultation with City Planning staff and the Ward Councillor,  and the Agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor;

c.  the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

d.  the owner has submitted revised Truck Maneuvering Diagrams to the satisfaction of General Manager, Transportation Services;

e.  the owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 f.  the owner has submitted a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  the owner has submitted a revised Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

h.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager, Transportation Services and the Functional Servicing, Hydrogeological and Geotechnical Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

i.  the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with Sewer By-law Chapter 68-10;

j.  the owner has submitted a revised Pedestrian Wind Assessment, including a wind tunnel test to determine whether the recommended mitigation measures are effective, to the satisfaction of the Chief Planner and Executive Director, City Planning;

k.  the owner has provided a 1.9 metre road widening along The Queensway to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

l.  the owner has provided a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

m.  the owner has provided a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the applicant's sole cost and expense, and the applicant shall implement the noise and vibration control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process; and

n.  the owner has submitted an Air Quality Study prepared by an Air Quality Consultant, which will be Peer Reviewed by a third-party Air Quality Consultant retained by the City at the applicant's sole cost and expense, and the applicant shall implement the air quality control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process.

The balance of Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (September 24, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:  

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of Confidential Instruction 1 in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in  in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council. Confidential Instruction 1 is now public, as follows:

1.  City Council authorize the City Solicitor, with retroactive authority, to seek a reconsideration of the Local Planning Appeal Tribunal decision released on July 15, 2019 for 451-457 Richmond Street West and/or bring a motion for leave to appeal, and if granted, to appeal to Divisional Court.

The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remains confidential 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 October 2 and 3, 2019, adopted the following: 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remain confidential as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council instruct the City Solicitor to:

a.  reject the settlement offer made on behalf of the owner of 206 Russell Hill Road;

b.  continue to oppose the objection of City Council’s Notice of Intention to Designate for the property municipally known as 206 Russell Hill Road as referred to the Conservation Review Board under section 29 of the Ontario Heritage Act; and

c.  take any further steps necessary and consistent with these instructions, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services.

The balance of Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation against the City and it contains advice that is subject to solicitor-client privilege.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (September 23, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the proposed amendments to the settlement terms as set out in Confidential Appendix A to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to amend its decision in accordance with the amendments set out in Confidential Appendix A to the report (September 23, 2019) from the City Solicitor.

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

Confidential Appendix A to the report (September 23, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remains confidential 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 October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor, as amended by the confidential instructions to staff in the supplementary report (September 27, 2019) from the City Solicitor and the confidential attachments to motions 1 and 2 by Councillor Kristyn Wong-Tam.

2. City Council replace Confidential Attachment 2 to the supplementary report (September 27, 2019) from the City Solicitor with the Revised Confidential Attachment 2 on file with the City Clerk.

3. City Council authorize the City Solicitor, in the City Solicitor's sole discretion, to publicly disclose the following:

a. the confidential instructions to staff adopted by City Council, as amended; and

b. Confidential Appendices A, B, C, D, E and F to the report (September 20, 2019) from the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

5. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

6. City Council direct that Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, subject to the owner's consent to release those documents.

The confidential instructions to staff adopted by City Council, as amended, and Confidential Appendices A, B, C, D, E, and F to the report (September 20, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006 as they contain information that is subject to solicitor-client privilege. The confidential instructions to staff adopted by City Council, as amended, and Confidential Appendices A, B, C, D, E, and F to the report (September 20, 2019) from the City Solicitor will be made public at the City Solicitor's sole discretion.

The balance of  Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

The balance of  Confidential Attachment 1 to the supplementary report (September 27, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor, subject to the owner's consent to release those documents.

November 4, 2019

The confidential instructions to staff adopted by City Council, as amended, are now public as follows:

1. City Council direct the City Solicitor to oppose the with-prejudice resubmission submitted on July 9, 2019 at the Local Planning Appeal Tribunal.

2. City Council accept the Settlement Offer dated October 3, 2019 set out as Revised Attachment 2 to the supplementary report (September 27, 2019) from the City Solicitor pending confirmation to the satisfaction of the City Solicitor that the owner has confirmed its ownership interest in 6 Wellesley Street West and City Council direct the City Solicitor to attend before the Local Planning Appeal Tribunal in support of the revised proposal subject to the following conditions:

a. the Settlement Offer is based on the plans prepared by IBI dated September 24, 2019 set out in Confidential Attachment 3 to the supplementary report (September 27, 2019) from the City Solicitor, and subject to the following:

1. the maximum residential gross floor area will be 37,030 square metres, with a maximum overall gross floor area of 37,500 square metres;

2. there will be no projecting balconies are within the 20 metre and 3 metre tower setbacks on the west side of the building;

3. balconies within the 10 metre tower setback on the east side of the building are restricted to 30 percent of the building face, with any such balconies to be used to provide articulation to the building;

4. no projecting balconies are within the 6 metre reveal on the south side of the building;

5. no balconies project more than 1.5 metres;

6. the new seventh storey component along Wellesley Street West is set back as far as the main wall of the retained buildings at 10 - 16 Wellesley Street West at the first two storeys, then stepped back to align with the reveal above the retained buildings at 10 - 16 Wellesley Street West at the third to seventh storey;

7. the building complies with the 75 degree angular plane measured from Yonge Street;

8. the north wall shall be a blank wall at least up to the ninth storey as shown on Confidential Attachment 3 to the supplementary report (September 27, 2019) from the City Solicitor; 

9. the maximum building height is 165.2 metres (excluding mechanical) and the proposed number of storeys for the building is a maximum of 55 storeys;

10. indoor amenity space is provided at a rate of 2.0 square metres per unit and outdoor amenity space at a rate of 1.3 square metres;

11. a minimum of 10 percent 3-bedroom units and 25 percent 2-bedroom units will be provided;

12. vehicular parking will be provided, at a minimum, at a rate of .15 spaces per unit for residential parking and .045 spaces per unit for visitor parking;

13. bicycle parking will be provided in accordance with the Toronto Green Standard;

14. conveyance to the City of a 0.9 metre wide strip, being the dimension between the property line and the protruding windows of 10 - 16 Wellesley Street West, along the entire Wellesley Street frontage, and conveyance to the City of a 0.72 metre strip along the public lane that abuts the site on the east side of 8 Wellesley Street West;

15. the owner entering into an appropriate agreement or restriction, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, to limit future redevelopment on the Yonge Street portion of the owner's lands at 586/586A Yonge Street; and

16. the owner working with City staff on the urban design of the building, and to determine the building materiality, site design and streetscape treatment (including St. Nicholas Street), through a future site plan control application;

b. parkland will be satisfied through cash-in-lieu of parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code;

c. should arrangements be made by the owner by January 13, 2020 to secure and convey to the satisfaction of the City a mutually acceptable property at the owner's expense, the owner and the City will make arrangements for the residential property to be transferred to the City, prior to the registration of a future condominium on the property to be operated by a non-profit housing provider to fulfill its Section 37 contribution requirement; the purchase price of the Affordable Housing Property shall be no more than $8,000,000 (including closing costs, transfer tax and registration fees); if the purchase price is less than $8,000,000, the owner shall pay the difference by way of a cash contribution to the City. In the alternative, if such arrangements are not made to the satisfaction of the City by January 13, 2020, the owner will provide a cash contribution in the amount of $8,000,000, upwardly indexed, prior to the first above-grade building permit for the development;

d. the Local Planning Appeal Tribunal withhold any final Order pending confirmation of the following in writing from the City Solicitor:

1. the Zoning By-law Amendments have been finalized to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor;

2. the owner has provided a revised Functional Servicing and Stormwater Management Report and supporting documents to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

3. necessary information has been provided to the satisfaction of the General Manager, Transportation Services with respect to the loading and parking arrangements on the property;

4. a Heritage Easement Agreement has been entered into and registered on title to 6 - 16 Wellesley Street West, 5 and 7 St. Nicholas Street and 586 Yonge Street satisfactory to the Senior Manager, Heritage Preservation Services and the City Solicitor;

5. a Conservation Plan has been submitted satisfactory to the Senior Manager, Heritage Preservation Services;

6. an agreement has been entered into with the City pursuant to Section 37 of the Planning Act; and

7. confirmation that the owner has entered into agreements satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to limit future redevelopment on the Yonge Street portion the owners lands at 586/586A Yonge Street; and

e. the appeals of the Historic Yonge Heritage Conservation District Plan, Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (By-laws 1106-2016 and 1107-2016), and Official Plan Amendment 183 (North Downtown Yonge Site and Area Specific Policy 382) will be withdrawn upon the Local Planning Appeal Tribunal issuing an Order allowing its appeal in part, bringing into force the Zoning By-law Amendments for the property, with all appeal periods having expired.

3. City Council state its intention to designate the properties at 10-16 Wellesley Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 10-16 Wellesley Street West (Reasons for Designation) attached as Confidential Appendix B to the report (September 20, 2019) from the City Solicitor.

4. City Council state its intention to designate the property at 586 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 586 Yonge Street (Reasons for Designation) attached as Confidential Appendix C to the report (September 20, 2019) from the City Solicitor.

5. City Council state its intention to designate the property at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 5 St. Nicholas Street (Reasons for Designation) attached as Confidential Appendix D to the report (September 20, 2019) from the City Solicitor.

6. City Council state its intention to designate the property at 7 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7 St. Nicholas Street (Reasons for Designation) attached as Confidential Appendix E to the report (September 20, 2019) from the City Solicitor.

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

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

9. 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 City Council's decision on the designation of the property.

10. City Council approve the alterations to the heritage property at 10-16 Wellesley Street West, 5-7 St. Nicholas Street, and 586 Yonge Street, in accordance with Section33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building on the lands known municipally in the year 2019 as 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street, with such alterations substantially in accordance with plans and drawings dated September 18, 2019 prepared by IBI Group Architects Inc., and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, 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. prior to any Local Planning Appeals Tribunal Order issuing in connection with the Zoning By-law Amendment appeal, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street in accordance with the plans and drawings dated September 18, 2019 prepared by IBI Group Architects Inc., and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment, prepared by Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, and in accordance with the Conservation Plan required in Part 10.a.2 below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street prepared Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. enter into and register on the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations; and

b. prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street the owner shall:

1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 10.a.2 above to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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;

4. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

5. 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; and

6. provide a retail strategy for the Wellesley Street frontage that preserves a small-scale retail character to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. prior to the issuance of any permit for all or any part of the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 10.a.2 above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. 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, Heritage Lighting Plan, and Interpretation Plan; and

d. prior to the release of the Letter of Credit required in Part 10.c.3 above, the owner shall:

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

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

11. City Council direct that the owner shall withdraw its appeal(s) of the Historic Yonge Heritage Conservation District Plan upon the Local Planning Appeals Tribunal Order allowing the appeal in part of the Zoning Amendments, bringing such By-laws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

12. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

13. 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 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street.

14. City Council instruct the Chief Planner and Executive Director, City Planning in consultation with Transportation Services, Parks, Forestry and Recreation and any other necessary City Officials, to create an advisory working group and to consult with the local community as part of the Site Plan process, including the local residents association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction and traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified by the Ward Councillor.

Confidential Appendices A, B, C, D, E and F to the report (September 20, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of  Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the supplementary report (September 27, 2019) from the City Solicitor remains confidential 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 October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer as outlined in the correspondence from Stikeman Elliott dated Friday, September 13, 2019, subject to the Parts set out below.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Local Planning Appeal Tribunal pre-hearing on October 18, 2019 in respect of 3005 Bloor Street West and 14 Humbervale Boulevard, and any further related hearing events, generally in support of the Settlement Offer proposal.

3.  In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Zoning By-law Amendment has been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and has been provided to the Local Planning Appeal Tribunal;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report and a revised Traffic Impact Study, including a Pick-up and Drop-off Facility demand and facility Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c.  the Owner has entered into a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment application in its current form for the property at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue.

2.  City Council require that on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the event that the appeal is allowed in whole or in part by the Local Planning Appeal Tribunal.

3.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (September 25, 2019) from the City Solicitor and in the Request for Directions report (June 29, 2018) from the Director, Community Planning, Etobicoke York District (Item 2018.EY32.16) and to report back to City Council on the outcome of discussions, if necessary.

4.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City;

b.  City Council has addressed the Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the existing rental dwelling units on the subject lands; and the owner has agreed to provide an acceptable Tenant Relocation and Assistance Plan, all of the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  the owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has submitted a revised Community Services and Facilities Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e.  the owner has entered into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, to be registered on title to the lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, and include community benefits that have been identified as being priorities for this are through the High Park Apartment Neighbourhood Area Character Study.

5.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council request that the following matters also be secured in a Section 37 Agreement for the development as a legal convenience:

a.  the owner shall provide a 2.1 metre sidewalk along each frontage abutting the site, subject to preservation of existing mature trees where feasible, to be secured through the Site Plan Control review process;

b.  the existing rental housing units which have affordable and mid-range rents, as rental housing;

c.  needed improvements to the existing rental apartment site, without pass-through costs to existing tenants, and access to new indoor and outdoor amenities for all on-site residents;

d.  a construction mitigation strategy and a communication plan to reduce impacts on remaining tenants;

e.  the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues;

f.  the requirements of the Toronto Transit Commission, including moving the existing Toronto Transit Commission stop on High Park Avenue at Glenlake Avenue, accommodating the Toronto Transit Commission bus's accessibility ramps; provision of revised plans with setback requirements; warning clauses and other requirements as noted in the Toronto Transit Commission comments along with identified payments;

g.  a minimum of 10 percent of all units to be shown on the plans for the development as three-bedroom units;

h.  an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the building;

i.  a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

j.  the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and

k.  revisions to the Noise Study as may be required through the peer review process, such peer review process to be paid for by the owner, that identify all mitigation measures to be undertaken for this development to be incorporated into the recommendations in the site design.

6.  In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

7.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee in the third quarter of 2020 on the feasibility of implementing a requirement for all dining establishments to provide reusable food serviceware for eat-in customers to reduce the use of single-use plastics in Toronto's restaurant industry.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council increase the 2019 Operating Budget for Social Development, Finance and Administration to implement year one of the TO Wards Peace program; funding of $0.3M gross and net to be provided by a one-time draw from the City's Tax Stabilization Reserve.

 
2.  City Council direct the Executive Director, Social Development, Finance and Administration to include year two funding for TO Wards Peace as part of the 2020 Budget submission.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council declare a climate emergency for the purpose of naming, framing, and deepening our commitment to protecting our economy, our ecosystems and our community from climate change.

2.  City Council endorse a net zero greenhouse gas emissions target that is in line with keeping global average temperature rise below 1.5 degrees Celsius, immediately strengthening Toronto's goal of becoming net zero before 2050, and City Council request the Director, Environment and Energy to report back by the fourth quarter of 2020 on the feasibility of actions that could achieve net zero by 2040.

3.  City Council commit to:

a.  looking for opportunities to invest in and accelerate high priority emission reduction areas in TransformTO, such as building retrofits and transportation, as part of the 2020 Budget;

b.  exploring all viable and equitable financing mechanisms to adequately finance and encourage climate actions and adaptation in the 2021 Budget cycle;

c.  accelerating the implementation of TransformTO climate actions at every opportunity; and

d.  engaging job-seekers, workers, unions, academic institutions, relevant sectors, and social service agencies in the creation of a low-carbon jobs strategy that supports a decent work agenda, career pathways for equity-seeking groups, and the expansion of green industry sectors across Toronto.
 

4.  City Council direct the Chief Financial Officer and Treasurer to report to City Council on possible amendments to the Statement of Investments and Procedures to become a green investment city by reflecting current responsible investment best practices, excluding fossil fuels from the portfolio, and actively investing in clean energy and climate solutions.

5.  City Council direct the Director, Environment and Energy to:

a. report back in the second quarter of 2020 on:

i. the feasibility of developing a formal adaptive resource management system to assist in achieving net-zero:

ii. options for establishing an advisory committee that includes scientists, businesses, community experts, labour groups, Non-Governmental Organization experts and the Toronto and Region Conservation Authority to provide regular peer review on plans to achieve net-zero; and

iii. the interrelationship between city strategies and targets, as well as a critical path analysis to achieve net-zero; and

b. report annually in the second quarter on the implementation status of climate actions and progress made towards meeting interim and 2030 emission reduction targets.

 
6.  City Council direct the Director, Environment and Energy to include in the 2021-2023 TransformTO implementation plan:

a.  actions to achieve a net zero greenhouse gas emissions in line with keeping global average temperature rise below 1.5 degrees Celsius;

b.  strategies that would accelerate timelines for existing TransformTO actions;

c.  the feasibility of establishing interim 2023 and 2027 targets and actions that put Toronto on track to meet its 2030 target, including quick-wins in the transportation and building sectors;

d.  a strategy for securing dedicated and sustained climate funding to adequately finance climate actions necessary to meet 2030 emission reduction targets;

e.  a climate lens that evaluates and considers the climate impacts of all major City of Toronto decisions, including financial decisions;

f.  a plan to measure, monitor and reduce consumption-based (lifecycle) emissions;

g.  engaging residents and stakeholders in decision-making and provide greater public accountability;

h.  a commitment to meaningfully consult and cooperate with Indigenous communities on the development and implementation of TransformTO in accordance with the City’s commitment to the United Nations Declaration on the Rights of Indigenous Peoples;

i.  a plan to apply the City’s Equity Lens to TransformTO decision-making in order to ensure that strategies include and benefit equity-seeking groups;

j.  a plan to collaborate with youth, including youth from equity-seeking groups, to increase youth participation in the development and implementation of TransformTO strategies;

k.  the feasibility of creating a Toronto Carbon Budget to aid in the implementation of TransformTO; 

l. integration of resilience into TransformTO, consistent with Resilience Strategy Action 4.2; and

m. recognition of the City of Toronto’s role in uptake of innovation and a plan to:

i. improve collaboration with the academic and business community in the development and implementation of TransformTO strategies; and

ii. establish leadership on resilience consistent with Resilience Strategy Action 4.5.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council request the Executive Director, Corporate Real Estate Management, to grandparent long-standing legacy events held by organizations with charitable or non-commercial mandates, such as the East York Rotary Club, under the pre-2016 Corporate Facilities Display Policy.

2. City Council request the Executive Director, Corporate Real Estate Management, to review the Corporate Facilities Display Policy and report back to the November 26 and 27, 2019 meeting of City Council, through the General Government and Licensing Committee, on potential policy amendments that would enable fundraising activities for charitable or non-commercial purposes in Corporate Facilities.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for 1500 Royal York Road, Units 20-21, operating under the name Phaze 2 Restaurant and Lounge (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application.

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

3.  City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the Executive Director, Municipal Licensing and Standards and the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Housing Committee with a strategy to improve the regulation of property standards for dormant development sites, with consideration of the following:

a. requirements for restoration of the site following full or partial excavation, including timelines for completion and penalties for non-compliance;

b. strong, enforceable regulations related to property standards and maintenance;

c. regulations related to ensuring the ongoing safety and security of the site;

d. requirements to restore the property to the pre-construction state, including removal of unfinished structures, unsightly construction hoarding, and debris;

e. measures to compel builders to meet construction timelines and schedules, including but not limited to fines and revoking permits; and

f. mechanisms to proactively monitor and investigate dormant construction sites.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council request the Toronto Transit Commission Board to explore options for discounted post-secondary student single-fare and monthly passes that take into account Provincial changes to university and college fee systems, and report back in the 2020 Budget process on revisions to the system.

 City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the General Manager, Transportation Services to investigate methods to improve timing and coordination of construction to prioritize safety in school zones and report back to the Infrastructure and Environment Committee in the first quarter of 2020.

 
2. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in advance of City Council's consideration of the 2020 Budget to present options to accelerate the roll-out of Vision Zero in school safety zones; this would include:

a. investigating opportunities for allowing in-year acceleration when other projects are delayed; and

b. presenting costed options for accelerating roll-out.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council urge the Minister of Transportation to expedite enabling Regulations for school bus stop arm cameras under Ontario's Highway Traffic Act (R.S.O. 1990, c. H.8).

City Council on October 2 and 3, 2019, adopted the following:

1. City Council authorize the General Manager, Parks, Forestry and Recreation, to enter into a Construction and Donation Agreement with the Downtown Yonge Business Improvement Area for capital project work related to the rehabilitation of the Clock Tower in Trinity Square Park, in compliance with the City's Fair Wage and Labour Trades Contractual Obligations in the Construction Industry, and on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

 
2. City Council authorize the General Manager, Parks, Forestry and Recreation, to accept an in-kind donation of the rehabilitated Clock Tower, valued at approximately $100,000 in compliance with the City's Policy on Donations for Community Benefits.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council increase the 2019-2028 Capital Budget and Plan for Transportation Services by $31,273 gross, $0 debt, with cash flow commitments of $31,273 in 2020, fully funded by Section 37 community benefits obtained from the development at 60 Shuter Street and 187-189 Church Street (source account: XR3026-3700961), to be utilized to fabricate and install branded street name signs for Cabbagetown South (Signs and Markings Asset Management, CTP 720-01).

City Council on October 2 and 3, 2019, adopted the following:

1. City Council call on the Province of Ontario to halt the closures of, mergers of, and cuts to our local health care services, including Public Health Units, land ambulance services, hospitals and long-term care homes.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council request the Executive Director, Social Development, Finance and Administration, in conjunction and in consultation with OASIS Food Hub, the Chief Planner and Executive Director, City Planning, the Chief Executive Officer, Toronto Community Housing Corporation, the General Manager, Parks, Forestry and Recreation, the General Manager, Solid Waste Management Services and other divisions as required to review the actions and approvals necessary to facilitate the following matters, and to report back to the March 10, 2020 meeting of the Economic and Community Development Committee:

a.  the creation of an underground aquaponics farm at 325 Bleecker Street, a Toronto Community Housing Corporation Building; and

b.  the location for OASIS Food Hub for the production, distribution and management of food and water in St. James Town.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the General Manager, Transportation Services, in consultation with appropriate City staff, to expand the scope of the Vision Zero Road Safety Plan to include an emphasis area specifically targeting heavy trucks and active construction sites.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council request the General Manager, Transportation Services, to conduct an audit of all streets in the Yonge-Eglinton Secondary Plan area for potential road reconfigurations and other traffic safety measures consistent with Vision Zero principles and report to the Infrastructure and Environment Committee in the first quarter of 2020. 

2. City Council request the General Manager, Transportation Services, to report to the Infrastructure and Environment Committee on the recommendations in 2014.MM55.29 Taking Back Our Streets - Getting Toronto Moving Again referred to the Deputy City Manager, Cluster B, by the Public Works and Infrastructure Committee on January 6, 2015, including:

a. the feasibility of eliminating the practice of allowing developers to occupy the public right-of-way;

b. the feasibility of increasing the initial upfront fee to developers for occupying the public right-of-way; and

c. the feasibility of charging developers escalating monthly fees for occupying
the public right-of-way.

3. City Council request the Toronto Police Services Board to report on strategies to enhance enforcement of the Highway Traffic by the first quarter of 2020.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for JP Sushi, 520 Annette Street (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Thai One On Dundas, 3132 Dundas Street West is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2.  City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3.  City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Chartwell Grenadier Retirement Residence, 2100 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2.  City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to support the Committee of Adjustment's decision in Application A0278/17SC respecting 939 Warden Avenue.

 
2.  City Council authorize the City Solicitor to retain outside consultants as necessary.

 
3.  City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application A0278/17SC respecting 939 Warden Avenue and authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and with the Director, Community Planning, Scarborough District.

Motion MM10.20 was not introduced at City Council on October 2 and 3, 2019.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council urge the Province of Ontario to restore its one-third, $14 million, share for the building of the community centre in Lawrence Heights, as committed in the 2018 Provincial Budget.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council without further delay, request the Ontario Minister of Transportation to permit the City of Toronto to deploy Automated Speed Enforcement Cameras at all school zones and community safety zones.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment, Scarborough Panel, to the Toronto Local Appeal Body, in order to oppose the approval of the applicant’s proposed development for 100 Brenda Crescent (Application B0023/18SC, A0134/18SC, and A0135/18SC).

 
2.  City Council authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision.

 
3.  City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to uphold the decision of the Committee of Adjustment with respect to application A0476/19NY respecting 158 McRae Drive.

2.  City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application A0476/19NY respecting 158 McRae Drive and settle the matter of behalf of the City at the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the applicant’s appeal of the Toronto and East York District Panel Committee of Adjustment’s decision refusing the minor variance requested in Application A1193/18TEY respecting 100 Willcocks Street.  
 

2. City Council authorize the City Solicitor to attempt to negotiate a settlement, and if resolution is reached, to settle the matter on behalf of the City in the City Solicitor's discretion, in consultation with the Ward Councillor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services.

 
3. City Council authorize the City Solicitor, and any necessary staff, to take all steps necessary to bring resolution to the matter.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council authorize and direct the City Solicitor and any other appropriate City staff to bring forward a Motion to the Toronto Local Appeal Body that will allow the City to gain Party status at the hearing, despite having missed the Toronto Local Appeal Body deadlines.

 
2.  City Council authorize and direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 32 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent minor variances requested through Application B0002/19NY, A0009/19NY, A0010/19NY, A0011/19NY.

 
3.  City Council authorize the City Solicitor to retain outside consultants, as necessary.

 
4.  City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to resolve the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the City Solicitor, and any other appropriate City staff, to attend the Toronto Local Appeal Body hearing in respect of 21 X Edgehill Road to ensure that the Toronto Local Appeal Body imposes City Planning staff's recommendation to the Committee of Adjustment, dated September 4, 2019, if the Toronto Local Appeal Body approves the applicant’s Appeal (Application A0290/18EYK).

2. City Council authorize the City Solicitor to retain outside consultants as necessary.

3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal and, if a resolution is reached, to settle the Appeal at the City Solicitor’s discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council appoint Sandra Burrows and Kamal Gogna as Deputy Chief Building Officials for the City of Toronto, with all the powers and duties of the Chief Building Official within the districts of the City of Toronto assigned by the Chief Building Official.

 
2.  City Council rescind the appointment of Timothy Charles Crawford as Deputy Chief Building Official for the City of Toronto effective immediately.

 
3.  City Council authorize and direct the appropriate City officials to take the necessary action to give effect to this Motion including the introduction in Council of any necessary bills.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council amend the Bloor Street Transformation Project Agreement to allow the Bloor Street Business Improvement Area to assume ongoing maintenance obligations for the Project and to discontinue annual payments to the City for such maintenance work.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council increase, on a one-time basis, the 2019 Approved Operating Budget for Non-Program, by $35,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 40, 46, 48, 50, 52 and 60 McCaul Street and 10 Stephanie Street (Source Account: XR3026-3700887) for implementation of the Grange Green Plan (Cost Centre: NP2161).

 
2. City Council direct that the $35,000.00 be forwarded to the Sir William Campbell Foundation upon the signing of an Undertaking by the Foundation governing the use of the funds and the financial reporting requirements.

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for 1226 St. Clair Avenue West operating under the name Francesco Celebre, is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application.

 
2.  City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

 
3.  City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions added to the liquor licence, all in consultation with the Ward Councillor.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council state its intention to designate the properties at 139, 141 and 143 Portland Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation) – 139-143 Portland Street in Attachment 3 to the report (September 30, 2019) from the Chief Planner and Executive Director, City Planning.

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

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

4. 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 City Council's decision on the designation(s) of the properties.

5. City Council authorize the entering into Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 139, 141 and 143 Portland Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 139, 141 and 143 Portland Street.

7. City Council approve the alterations to the designated heritage properties at 139, 141 and 143 Portland Street, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new 16 storey residential tower and podium with alterations to the designated buildings at 139, 141 and 143 Portland Street in conjunction with an appeal to the Local Planning Appeal Tribunal comprised of the plans and drawings prepared by Core Architects, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 16, 2019, all 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 conditions:

a. prior to issuance of an Local Planning Appeal Tribunal order in connection with the Zoning By-law Amendment appeal for the properties at 139, 141 and 143 Portland Street, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the properties at 139, 141 and 143 Portland Street substantially in accordance with plans and drawings prepared by Core Architects, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 16, 2019, subject to and in accordance with the approved Conservation Plan required in Part 7.a.2. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor;

2. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 139, 141 and 143 Portland Street, prepared by ERA Architects Inc., dated August 16, 2019, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. enter into and register on the properties at 139, 141 and 143 Portland Street one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations, including amongst other matters, securing the preparation  and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of  the Senior Manager, Heritage Preservation Services;

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 139, 141 and 143 Portland Street, the owner shall:

1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 7.a.2. above;

2. provide an Interpretation Plan for the subject properties, 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;

3. provide a Heritage 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 thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

4. provide a detailed Landscape Plan for the subject properties satisfactory to the Senior Manager, Heritage Preservation Services; and

5. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. prior to the issuance of any permit for all or any part of the properties at 139, 141 and 143 Portland Street, including a heritage permit or a building permit, or a demolition permit for 135 Portland Street, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. obtain final approval for the necessary By-law amendments required for the alterations to the properties at 139, 141 and 143 Portland Street, such amendments to have been enacted by City Council in connection with a Local Planning Appeal Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 7.a.2. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. 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, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and

4. provide full documentation of the existing heritage properties at 135, 139, 141 and 143 Portland Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

d. prior to the release of the Letter of Credit required in Part 7.c.3. above, the owner shall:

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

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

8. City Council request staff to continue to work with the applicant on a more compatible base building design that better responds to the heritage properties, including the overall streetscape context of the development site and the introduction of a distinctly residential landscape context to the heritage properties at 139, 141 and 143 Portland Street to be reviewed at Site Plan Approval.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Spirit of York Distillery Inc., 12 Trinity Street, is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

 
2. City Council request the Alcohol and Gaming Commission of Ontario or the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises.

 
3. City Council authorize the City Solicitor to attend all proceedings before the Alcohol and Gaming Commission of Ontario or the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

City Council on October 2 and 3, 2019, adopted the following:

1. City Council amend its decision on Item EX3.8, adopted by City Council on March 27 and 28, 2019 as follows:

1. The introductory paragraph of Part 1 be amended by replacing "2024" with "2022" and replacing the words "five-year" with "three-year";

2. Part 1.a. be amended by replacing the words "five-year" with "three-year"; and

3. Part 1c. be deleted and replaced with the following:

"1c. the Province of Ontario committing to enter into a funding agreement with Toronto Global for three years and the Government of Canada committing to enter into a funding agreement with Toronto Global for at least three years."

City Council on October 2 and 3, 2019 referred Motion MM10.35 to the Executive Committee.

City Council on October 2 and 3, 2019, enacted By-laws 1303-2019 to 1413-2019.