Minutes Confirmed on March 10, 2021

CALL TO ORDER: 9:38 a.m.

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

The meeting opened with O Canada.

February 2, 2021

Members of Council observed a moment of silence and remembered:

Bill Alexander

George Armstrong

Helen Marie Chambers

Ronald Ross Clancy

Rocco 'Rocky' De Lorenzo

Saul Korman

Jim McDonald

Michael Miceli

Paul Moloney

Asokan Rasiah

Wayne Roberts

Ben Rothman

Andre Jordan

Chef Scott Savoie

Giuseppe 'Joe' Sottile

Gordon 'Butch' Stewart

Gary Webb-Proctor

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.

Speaker Nunziata advised Council of the following:

For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council.

Members, although Civic Buildings, including City Hall are currently closed to the public, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube.  I want to welcome the public who are watching our meeting this morning.

February 3, 2021

Members of Council observed a moment of silence and remembered:

Sam D’Avolio

Naena Gnatyuk

Sasha Hashi

Rabbi Yitzchok Kerzner 

Alan Wayne Scott

Michael Jonathan Wyman, Anna Aviva Wyman and John Kennedy Wyman

City Council confirmed the Minutes of Council from the regular meeting held on December 16, 17 and 18, 2020.

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

Members of Council declared interests under the Municipal Conflict of Interest Act.

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

Various presentations, introductions and announcements were made to City Council on February 2, 3 and 5, 2021.

February 2, 2021

Mayor Tory, during the morning session of the meeting, congratulated Councillor Bradford and his wife, Kathryn, on the arrival of their daughter Briar.

Mayor Tory, during the morning session of the meeting, acknowledged the efforts of the City Clerk's Office in carrying out the Ward 22 By-election during the pandemic and welcomed Councillor Nick Mantas to his first City Council meeting.

Councillor Holyday, during the morning session of the meeting, recognized the accomplishments of the late Bill Alexander.

February 3, 2021

Mayor Tory, during the afternoon session of the meeting, announced that Councillor Ainslie would be celebrating a birthday on February 4th and wished Councillor Ainslie a Happy Birthday.

February 5, 2021

Councillor Thompson, during the morning session of the meeting, spoke of Black History Month and played the music video "Freedom Heights" about the life of Joshua Glover.

Mayor Tory, during the morning session of the meeting, declared  February 12, 2021 "Madame Speaker Day” in the City of Toronto in recognition of the indefatigable Frances Nunziata.  Mayor Tory also advised Members  that Speaker Nunziata's birthday is on February 12th, and on behalf of Members of Council, wished Speaker Nunziata a Happy Birthday.

Councillor Lai, during the afternoon session of the meeting, wished the Toronto Asian Community a Happy Lunar New Year.

February 2, 2021:

City Council adopted the February 2, 2021 Order Paper, as amended and all other Items not held on consent.

February 3, 2021:

City Council adopted the February 3, 2021 Order Paper.

February 5, 2021:

City Council adopted the February 5, 2021 Order Paper.

City Council on February 2, 3 and 5, 2021, deferred consideration of Item TE21.9 to the March 10, 2021 meeting of City Council.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council endorse the 2022 implementation of four community crisis support service pilots as outlined in Attachment 1, Framework to Pilot the Community Crisis Support Service and Attachment 2,  Map of the Proposed Community Crisis Support Service, to the report (January 13, 2021) from the City Manager.  

2.  City Council direct that a guiding principle of the Community Crisis Support Service is that the Service will be the primary first responder to mental health crisis calls received during the pilot program and subsequent to full implementation.

3.  City Council request the Federal and Provincial Governments to provide matching funds for the expansion of the Community Crisis Support Service Pilots.

4.  City Council request that the Province commit to providing permanent and sustainable funding for:

a.  supportive housing for those experiencing mental health or substance use issues; and

b.  mental health services generally, including funding for community mental health service providers to support crisis response and wrap-around services, as well as funding to address the mental health impacts of the COVID-19 pandemic.

5.  City Council request the Province of Ontario to financially support the implementation and expansion of the Community Crisis Support Services Pilot by adequately investing to close the service gaps in mental health services and addiction recovery programs, including detox beds and broad options for affordable and supportive housing.

6.  City Council direct the City Manager to conduct public consultations to refine the proposed community crisis support service pilot for implementation, engaging residents, community organizations, and Indigenous, Black and equity-deserving communities. 

7.  City Council request the City Manager to ensure that the next round of public consultations includes community groups who reflect all of the demographics of the pilot areas.

8.  City Council request the Executive Director, Social Development, Finance, and Administration to ensure that all education campaigns and materials related to the Crisis Response Pilots be available in multiple languages.

9.  City Council authorize the Executive Director, Social Development, Finance and Administration to enter into and administer agreement(s) to provide pilot funds to successful anchor community partners of the Request for Proposals process, other service providers or individuals, subject to the approval of funding through the 2021 Budget process, on the terms and conditions satisfactory to the Executive Director, Social Development, Finance and Administration and in a form acceptable to the City Solicitor.

10.  City Council request the Auditor General to prioritize her planned 2021 audit of the Toronto Police Service's 911 operations.

11.  City Council request the Toronto Police Services Board to direct the Chief of Police, to consult with the City, to:

a. support the implementation of four community crisis support service pilots;

b. amend any necessary policies, practices, procedures and other governance to integrate referral to a community crisis support service to the 911 call centre as a dispatch option;

c. train 911 call-taker staff about the pilot and its objectives; and

d. analyze and share on the City's Open Data Portal and report out on: call diversion data, separated into calls diverted to Mobile Crisis Intervention Teams, and the community crisis support service, and available outcomes and geographic distribution of the calls.

12.  City Council direct the City Manager, in consultation with the City Solicitor, the Auditor General, and the Chief of Police, through the Toronto Police Services Board Office, to report to the Executive Committee no later than the end of the fourth quarter of 2021 on the Toronto Police Service’s 911 operations, including:

a.  an overview of the current 911 operations;

b.  the municipal, provincial or federal legal and regulatory framework that applies to the delivery, management, and supervision of 911 operations; and

c.  an analysis of the feasibility of moving 911 operations from the Toronto Police Service to a non-police City service, including any impacts on cost, service delivery and community safety, and informed by any findings made by the Auditor General in the context of her audit(s) of the Toronto Police Service, including options to enhance integration, alignment and coordination of various services that can be dispatched as a means of providing the most appropriate response to a 911 call, including but not limited to calls related to persons in distress.

13.  City Council direct the City Manager to consult with the Toronto Police Service Board and the Toronto Police Chief on the potential reallocation of funds from the Toronto Police Service budget to ensure that the funding of the Community Crisis Support Services Pilot will not result in new financial burden to Toronto residents and to report the outcomes of this consultation through the City’s budget process.

14.  City Council direct the City Manager to continue to engage the Inspector General of Policing and forward updates and communications from the Inspectorate on its work related to police oversight as part of future City reports to Council on policing reform.

15.  City Council request the City Manager to engage in consultations with the Province of Ontario on regulations under the Community Safety and Policing Act, 2019, guided by City Council's decisions including related to police reform, the potential impact on the City, and objectives to:

a. enhance public trust and confidence in police services;

b. strengthen the alignment of municipal and policing strategic and operational objectives; and

c. promote alternatives to the use of police officers where appropriate.

16.  City Council request the City Manager to report back to City Council on the Community Safety and Policing Act, 2019, and regulations under the Act, once the regulations are developed and publicly available.

17.  City Council direct the City Manager to explore any and all options, including working with community mental health partners, to expedite the implementation of the crisis response pilot and to report to the Executive Committee in the fourth quarter of 2021 on opportunities to scale up the program earlier than 2025 if proven effective.

18.  City Council direct the City Manager to report in the fourth quarter of 2021 on the feasibility of developing other options for non-police interventions with vulnerable people, including scaling up existing community health and social service providers, while prioritizing the implementation of the Community Crisis Support Service Pilot.

19.  City Council direct the Executive Director, Social Development, Finance and Administration to immediately begin developing a more extensive and systematic multi-year plan to reassign interventions with vulnerable people from the police to more appropriate local services, such plan to include the following:

a.  a broader range of interventions with vulnerable people in non-violent situations that goes beyond mental health crisis calls and includes interventions with homeless people, youth engaged in non-criminal, non-violent activities, and other safety matters on the scale and scope used in Eugene, Oregon's Crisis Assistance Helping out on the Streets (CAHOOTS) program;

b.  interventions in communities across the City;

c.  strategies for adequate staffing and funding of those services to meet the needs of vulnerable people, both in the interventions and the wraparound supports and services they require; and

d.  a detailed review of the ongoing potential budgetary impact of these changes on the Toronto Police Service budget and the budgets of relevant services;
 

and to report in October 2021 on the development of this plan in conjunction with the Community Crisis Support Service Pilot update report.

20.  City Council request the General Manager, Social Development, Finance and Administration to report back at the end of the year as part of the work that is currently underway on the resources necessary to undertake a feasibility study of establishing an additional Community Crisis Response Team pilot operated by the City of Toronto, with a focus on utilizing an existing City-owned facility such as an Emergency Medical Services station.

21.  City Council direct the Executive Director, Social Development, Finance and Administration to report annually on the appropriate levels needed to address the gaps in matching client referrals to services, and not limited to the categories of supportive housing, affordable housing, emergency shelter services, mental health services, and addiction recovery programs, including detox beds.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council approve the terms set out in the Term Sheet attached as Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Infrastructure and Development Services (the "Term Sheet") and City Council authorize the City Manager and any other relevant City Officials, in consultation with the City Solicitor, to negotiate, enter into and execute amendments to the Ontario-Toronto Agreement in Principle with the Province of Ontario necessary for the implementation of the SmartTrack Stations Program (the "AIP Amendment") in accordance with the Term Sheet and on such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor.

 
2.  Subject to entering into the AIP Amendment in accordance with Part 1 above, City Council endorse the re-allocation of $585 million in federal funding under the Investing in Canada Infrastructure Program – Public Transit Stream for the SmartTrack Stations Program to the revised SmartTrack Stations Program as described in the Term Sheet (the "Federal Funding"), and direct the City Manager to advise the Government of Canada and the Province of Ontario accordingly.

 
3.  Subject to entering into the AIP Amendment in accordance with Part 1 above and receiving confirmation of the Federal Funding in accordance with the terms of the AIP Amendment, City Council approve a contribution of up to $1.463 billion to the Province for the SmartTrack Stations Program, inclusive of both $1.195 billion for Base Station Infrastructure and $268 million for City-Initiated Station Requirements.

 
4.  Subject to entering into the AIP Amendment in accordance with Part 1 above, City Council authorize the City Manager to negotiate and execute any agreements necessary with the Province and/or any other relevant provincial agency including a Master Agreement for the implementation of the SmartTrack Stations Program, based on the terms set out in the Term Sheet and on such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor.

 
5.  City Council direct the Chief Financial Officer and Treasurer to report back on required amendments, if any, to the capital funding and financing strategy for the SmartTrack Stations Program as part of the 2022 Budget process.

 
6.  City Council, with respect to the SmartTrack Stations Program:

a.  authorize the Deputy City Manager, Infrastructure and Development Services or designate to identify and approve the inclusion of enhancements to City infrastructure in or near work being done for the Program, as well as any investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the Program ("Additional Infrastructure") which Metrolinx's contractor will be asked to construct as part of SmartTrack Stations Program procurements, subject to the following conditions:

1.  the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the applicable Division Head, is of the view that the price provided by Metrolinx, as may be reviewed by an independent reviewer, for the Additional Infrastructure is fair and reasonable; and

 
2.  the funding for the cost of the Additional Infrastructure is or will be available in the year required, within an approved capital budget;

 
b.  authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to obtain and pay for pre-estimates and estimates for Additional Infrastructure from Metrolinx; and

 
c.  authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to negotiate, enter into and execute Municipal Infrastructure Agreements with Metrolinx for Additional Infrastructure, including any amendments.

 
7.  City Council delegate authority to the Deputy City Manager, Corporate Services or designate, to negotiate and execute a real estate protocol with Metrolinx to implement the real estate principles set out in the Term Sheet, including:

a.  the disposal to Metrolinx of certain City property for nominal consideration in accordance with the Term Sheet that is determined by the Deputy City Manager, Corporate Services to be required for the implementation of the SmartTrack Stations Program (the "SmartTrack Transit Lands"), provided that:

1.  the lands are not required for any current or future City purpose;

 
2.  the lands will be used solely for the implementation and operation of the SmartTrack Stations Program; and

 
3.  the lands will be subject to the reservation of easements or such other interests, as required for City purposes; and

 
b.  such other terms and provisions deemed appropriate as may, in the opinion of the Deputy City Manager, Corporate Services or the City Solicitor, be desirable to give effect the real estate principles set out in the Term Sheet.
 

8.  City Council authorize the implementation of the real estate principles identified in the Term Sheet in respect of the SmartTrack Transit Lands as follows:

a.  authorize the permanent closure of any SmartTrack Transit Lands that are public highways and exempt these lands from the requirements of City of Toronto Municipal Code Chapter 162, Public Notice;

 
b.  direct the appropriate City staff to advise the public of the proposed closures of any SmartTrack Transit Lands that are public highways, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule A+ activities, by posting notice of the proposed closures on the notices page of the City's website;

 
c.  authorize the granting of easements for services and utilities in the SmartTrack Transit Lands for nominal consideration in accordance with the Term Sheet on terms satisfactory to the Deputy City Manager, Corporate Services, and in a form acceptable to the City Solicitor; and

 
d.  exempt the disposition of the SmartTrack Transit Lands from policies generally applicable to the disposal of City land and authorize the Deputy City Manager, Corporate Services to approve and execute such additional or other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Deputy City Manager, Corporate Services or the City Solicitor, be desirable to give effect.

9.  City Council direct the Deputy City Manager, Infrastructure and Development Services to report back to the Executive Committee prior to the issuance of any Request for Proposals related to the Bloor-Lansdowne Station, on what steps the City will take to ensure that Metrolinx continues to deliver on its commitments made to the local community during the consultation period for their transit expansion project, and to ensure that the following connections are funded by Metrolinx:

a.  the connection from the Bloor-Lansdowne station to the north part of the public realm of the Davenport Diamond;

b. the connection from the Bloor-Lansdowne station to the Junction area through Dora Avenue and Sterling Road;

c.  the connection from the Bloor-Lansdowne station to the West Toronto Rail Path; and

d.  the connection to the public realm by bridge over the Davenport Diamond to Earlscourt Park.

 
10.  City Council authorize the public release of Confidential Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Infrastructure and Development Services following the completion of the construction of the SmartTrack Stations Program.

Confidential Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Infrastructure and Development Services remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains commercial information, supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.  Confidential Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Infrastructure and Development Services will be made public following the completion of the construction of the SmartTrack Stations Program.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. With respect to rental, institutional and non-profit housing developments that are subject to the new mandatory instalment payments over five and 20 years pursuant to section 26.1 of the Development Charges Act, 1997, City Council:

 
a. amend the Interest Policy previously adopted by City Council pursuant to section 26.1 (7) of the Development Charges Act, 1997, to provide that:

 
i. interest will be applied at the Canadian Bank Prime rate plus three percent; and

 
ii. the Policy will be effective on February 8, 2021, and applies to building permits issued on or after that date;

 
b. authorize the Chief Financial Officer and Treasurer, in consultation with the Chief Building Official and Executive Director, Toronto Building and the City Solicitor, to enter into agreements, in a form satisfactory to the City Solicitor, to provide for interest charges at the City's cost of capital plus half a percent where financial security is provided based on the general terms and conditions in Attachment 1 to the report (January 13, 2021) from the Chief Financial Officer and Treasurer, and including any amendments to previously executed agreements, as necessary, relating to the payment of development charges;

 
c. authorize the Chief Financial Officer and Treasurer, in consultation with the Chief Building Official and Executive Director, Toronto Building and the City Solicitor, to enter agreements, in a form satisfactory to the City Solicitor, to allow the option for the early payment of development charges at the time of building permit issuance based on the general terms and conditions in Attachment 2 to the report (January 13, 2021) from the Chief Financial Officer and Treasurer, and including any amendments to previously executed agreements, as necessary, relating to the payment of development charges; and

d. authorize the Chief Financial Officer and Treasurer, in consultation with the Chief Building Official and Executive Director, Toronto Building and the City Solicitor, to enter into agreements, in a form satisfactory to the City Solicitor, to further defer the payment of development charges for non-profit long-term care homes for as long as they remain a non-profit long-term care use and based on the general terms and conditions in Attachment 3 to the report (January 13, 2021) from the Chief Financial Officer and Treasurer, including any amendments to previously executed agreements, as necessary, relating to the payment of development charges provided that amendments to any agreements do not result in financial impacts to the non-profit long-term care home, and City Council direct that, where financial impacts do exist, the Chief Financial Officer and Treasurer be required to bring the matter before City Council for approval.

 
2. City Council authorize the Chief Financial Officer and Treasurer, in consultation with the Chief Building Official and Executive Director, Toronto Building and the City Solicitor, to make such administrative amendments to the general terms and conditions in Attachments 1, 2 and 3 to the report (January 13, 2021) from the Chief Financial Officer and Treasurer, as necessary, to give effect to City Council's decision in Parts 1.b., c. and d. above.

 
3. City Council extend the Interest Policy previously adopted by City Council pursuant to Section 26.2 (3) of the Development Charges Act, 1997 pertaining to the "frozen" development charges such that the policy applies to any Site Plan and Rezoning Applications received, and any building permits issued, after November 1, 2020 and City Council direct the Chief Financial Officer and Treasurer to review the Interest Policy as part of the City's comprehensive Development Charges By-law update.

4.  City Council authorize an amendment to the development charges deferral agreement for the Imam's clergy residence, Site Plan Application 12 113963 ESC 44 SA, on the lands currently known as 4640 Kingston Road, Scarborough, Ontario, to remove the requirement for financial security.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the following property tax capping polices, for the 2021 taxation year:

a.  limit tax increases for the commercial, industrial and multi-residential property classes by capping taxes at 10 percent of the preceding year’s annualized taxes, by opting to have subsection 292(1), paragraph 1, of the City of Toronto Act, 2006, apply for the 2021 taxation year;

b.  continue to provide that the 10 percent cap on tax increases apply to any property within the commercial, industrial and multi-residential classes, regardless of whether the property had reached full Current Value Assessment taxation levels in a prior year, subject to the threshold adopted in Part 1.c. below; and

c.  for the purposes of subsection 292(1), paragraphs 3 and 4 of the City of Toronto Act, 2006, adopt a threshold limit of $500 to determine the taxes for municipal and school purposes, such that properties that are within $500 (plus or minus) of their full Current Value Assessment level of taxation in the current year are taxed at full Current Value Assessment taxation levels for the year, and are therefore excluded from capping/claw-back provisions for that year.

2.  City Council direct the Chief Financial Officer and Treasurer to review and report back to the Executive Committee and City Council during 2021 on additional tax policy options, including the potential to define a small business tax class to provide a lower tax rate for qualifying properties, and other potential measures to address impacts on properties that may be subject to large increases in assessed value based on speculative or hypothetical uses, rather than the current use of the property, all for consideration for 2022 and future years.

3. City Council direct the Chief Financial Officer and Treasurer to conduct the analysis, program design and stakeholder consultations for a prospective small business property tax subclass, as outlined in the supplementary report (February 1, 2021)  from the Chief Financial Officer and Treasurer  and report back to City Council through the Executive Committee as soon as possible for implementation of the subclass and with a mechanism to ensure that any benefits accrue to tenants and not landlords.

4.  City Council direct the Chief Financial Officer and Treasurer to immediately begin the consultation required for the intention of implementing a new small business property subclass in order to support small businesses through the pandemic and to stimulate economic growth and job creation post-pandemic.

5.  City Council direct the Chief Financial Officer and Treasurer to develop a small business property subclass definition that addresses the following issues:

a.  highest and best use assessments - the small business property subclass definition should address the need to reduce property taxes for small businesses that have endured increases in property assessments beyond the average for the Commercial Tax Class;

b.  preserving and rebuilding Toronto’s Main Streets - the small business property subclass definition should support small businesses located on Toronto’s main streets, helping them to survive through the pandemic, while also encouraging the rebuilding of main streets post-pandemic; and

c.  broad tax relief for small businesses - the small business property subclass definition should recognize that small businesses are located throughout the City and provide a process to provide broad tax relief to these businesses.

6.  City Council direct the Chief Financial Officer and Treasurer to set the small business property subclass tax rate to be a percentage reduction from the Commercial General rate, as approved by City Council, as soon as possible and no later than 2022.

7.  City Council direct the Chief Financial Officer and Treasurer, the Chief Planner and Executive Director, City Planning, and the General Manager, Economic Development and Culture, once the Provincial Regulations are released, to report on the financial analysis, program design, additional criteria and enhancements, and implementation for the small business property subclass and to report their recommendations as soon as possible.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to establish a program to allow for the review, approval and installation of sidewalk cafés, curb lane/parklet cafés or public parklets without applicants having to comply with certain requirements of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, during the following terms:

a. a café installed on a sidewalk (being a curbside café or frontage café) from no earlier than April 15, 2021 to no later than April 14, 2022, inclusive; and/or

b. a curb lane/parklet café or public parklet from no earlier than May 8, 2021 to no later than November 10, 2021, inclusive.

2. In establishing a program under Part 1 above, City Council direct that the General Manager, Transportation Services shall consider:

a. which requirements from Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays should apply to the sidewalk cafés, curb lane/parklet cafés or public parklets under the program;

b. appropriate guidelines for the General Manager, Transportation Services to review and approve the sidewalk cafés, curb lane/parklet cafés or public parklets under the program;

c. appropriate indemnification and insurance requirements to protect the City provided that any insurance requirement for the program requires at least $1,000,000 in general liability coverage;

d. advice from the Medical Officer of Health to ensure the health and safety of all persons using the sidewalk cafés, curb lane/parklet cafés or public parklets under the program; and

e. requirements for the location, materials, usage, maintenance and removal of the sidewalk cafés, curb lane/parklet cafés or public parklets under the program to ensure the health and safety of all users of City highways, including:

i. that a café or parklet on a local road be closed and cleared of customers by 11:00 p.m. unless hours of operation have been imposed previously by a Community Council for an existing café or parklet area, in which case both the existing and the extended café or parklet area be operated in accordance with the Community Council-imposed hours;

ii. where conditions other than hours of operation have been imposed previously by Community Council for an existing café or parklet area, that both the existing and the extended café or parklet area must be operated in accordance with the Community Council-imposed conditions; and

iii. where conditions have been imposed by Community Council on sidewalk cafés, curb lane/parklet cafés or public parklets in similar circumstances, that those Community Council-imposed conditions should apply.

3. City Council authorize the General Manager, Transportation Services to approve applications to install and maintain sidewalk cafés, curb lane/parklet cafés or public parklets where the application complies with the program adopted by the General Manager, Transportation Services, under Part 1 above, and where the approval conflicts with Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, the approval of the General Manager, Transportation Services shall prevail to the extent of the conflict.

4. City Council waive fees required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, Municipal Code Chapter 743, Streets and Sidewalks, Use of, and Municipal Code Chapter 441, Fees and Charges, for any sidewalk, curb lane/parklet café or public parklet approved by the General Manager, Transportation Services, under the program described in Part 1 above.

5. City Council amend Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until November 10, 2021 the authority to temporarily close to vehicular traffic the curb lanes or any portion thereof on any highway (with the exception of those highways listed in section 937-4) for a period up to and including 187 consecutive days from May 8, 2021 to November 10, 2021, inclusive, for the purpose of permitting a curb lane/parklet café or public parklet approved by the General Manager, Transportation Services, under the program described in Part 1 above, and to exempt the General Manager, Transportation Services in carrying out this delegation from Section 937-5 of Chapter 937.

6. City Council authorize the General Manager, Transportation Services, when approving a sidewalk café, curb lane/parklet café or public parklet under the CaféTO program, to confirm that the City of Toronto does not object to the temporary physical extension of liquor sales under section 97 of regulation 719 under the Liquor Licence Act for that approved area and to withdraw this confirmation if the operator of a sidewalk café, curb lane/parklet café or public parklet, in the opinion of the General Manager, Transportation Services, subsequently fails to comply with the CaféTO program, applicable City By-laws or policies, or municipal or provincial orders.

7. City Council authorize the General Manager, Transportation Services to review and approve variations to the CaféTO program and guidelines, in consultation with the local Councillor, and in consideration of past complaints reported at the address and conditions imposed by Community Council in similar local circumstances.

8. City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the Acting General Manager, Economic Development and Culture to report back to the Executive Committee by the fourth quarter of 2021 on the feasibility of continuing the CaféTO program in 2022 and beyond, including budget, staffing requirements, a proposed financial model, the results of a traffic and economic impact analysis and any necessary modifications to Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays.

9. City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee by no later than April 22, 2021 on whether to extend the expiration of City-wide Temporary Use Zoning By-laws that ease restrictions on outdoor patios on private property.

10. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or By-law amendments as may be identified by the City Solicitor to give effect to the reasonable operation of the sidewalk cafés, curb lane/parklet cafés or public parklets under the program as described in the report (January 13, 2021) from the General Manager, Transportation Services.

11. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CafeTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from April 15, 2021 to April 14, 2022, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict.

12.  City Council confirm that it does not object to the temporary physical extension of liquor sales under section 97 of regulation 719 under the Liquor Licence Act for an outdoor patio located on private property that is permitted under applicable Zoning By-law(s) in the City of Toronto, including any Temporary Use Zoning By-law adopted by City Council.

13.  City Council authorize the Executive Director, Municipal Licensing and Standards to withdraw the non-objection under Part 12 above, if the operator of an outdoor patio, in the opinion of the Executive Director, Municipal Licensing and Standards, subsequently fails to comply with applicable Zoning By-law(s), including any Temporary Use Zoning By-law adopted by City Council, applicable City By-laws or policies, or municipal or provincial orders.

14.  City Council amend sections 742-14.3D, 742-14.5A and 742-14.5B of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, so that the word "person" is also used wherever the phrase "permit holder" is used, and replace the phrase "in a permit area" with "on a street" in section 742.14.5A.

15. City Council request the General Manager, Economic Development and Culture to work with partner divisions and external partners, as an enhancement to the CafeTO initiative, to explore supporting innovations to enhance safe outdoor dining and other entertainment activities to extend the operation of such businesses into colder months over fall/winter 2021, with any approaches considered to be in full accordance with relevant public health regulations and in compliance with municipal regulations governing such activity, while also addressing accessibility needs. 

16. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture to explore opportunities to support outdoor retail opportunities through the CaféTO program either by using CaféTO spaces at times where restaurants and bars are not open, or using additional areas of the public right-of-way for retail.

17.  City Council direct the General Manager, Transportation Services, in consultation with the General Manager, Municipal Licensing and Standards, and accessibility stakeholders, to develop accessibility guidelines and workshops, on the CurbTO and CaféTO programs, and to report back on these initiatives to the Toronto Accessibility Advisory Committee by the end of the second quarter of 2021 or prior to implementation, such guidelines to include:

a. uniform standards on the use of asphalt ramps;

b. inspection and enforcement schedule; and

c. standards of design of curb lane patios.

18.  City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards and cycling and road safety stakeholders, to develop and implement cycling guidelines, on the CurbTO and CaféTO programs, and to report back on these initiatives as part of the end of year review of CafeTO, such guidelines to consider:

a.  standard design for temporary protected cycling lanes next to curb lane patios;

b.  standards for bicycle parking adjacent to curb lane patios; and

c.  inspection and enforcement schedule.

19. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to prepare a "who does what" guide and contact document for the purposes of dealing with the City of Toronto in connection with the CafeTO and CurbTO programs in as efficient and user friendly a manner as possible.

20.  City Council request the General Manager, Transportation Services to support Business Improvement Areas and individual businesses by improving the CaféTO Program with respect to materiality and design, along with safety and to report to the April 29, 2021 meeting of the Executive Committee on options to enhance public realm for curbside patios.

21. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to explore a modest acceleration to the timetable for CafeTO installations such that as many such installations who complete the application process in a timely manner can have their installations available for use over the full 2021 Victoria Day Weekend. 

22. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture to work with City Councillors from Scarborough to develop a component of CafeTO and CurbTO which will ensure a more expansive participation in the area for both programs.

23.  City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report back to the Executive Committee with a strategy to improve the success of the CaféTO and CurbTO programs in suburban areas of the City where the uptake is low.

24. City Council request the General Manager, Transportation Services to consult with the Chief Executive Officer, Toronto Transit Commission to resolve issues that arose from the CaféTO program implementation in 2020 specifically with regard to night bus services on Danforth Avenue and potential conflicts with curb-lane patios.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council direct the Executive Director, Social Development, Finance and Administration, in collaboration with the General Manager, Toronto Employment and Social Services, the General Manager, Economic Development and Culture and the Chief Purchasing Officer, to report to the Economic and Community Development Committee in the third quarter of 2022 with a Progress Update on the design and pilot testing of the Community Benefits Framework implementation models, as well as a proposed approach to prioritize community benefits projects and initiatives to be supported and implemented by the Community Benefits Framework.

2.  City Council direct the Chief Procurement Officer, in collaboration with the Executive Director, Social Development, Finance and Administration, the General Manager, Economic Development and Culture, the Manager, Confronting Anti-Black Racism Office and the Manager, Indigenous Affairs Office, to aspire to an annual 10 percent increase starting in 2021, in the number of vendors on the City's diverse supplier list, with a focus on increasing representation of Black-owned and Indigenous-owned businesses, to be in alignment with the Confronting goal to achieve 7.5 percent Black business enrollments in the City's diverse supplier list, by identifying or creating business development opportunities, conducting targeted outreach with business and community stakeholder groups, and reviewing and addressing potential barriers to participation including supplier council certification.

3.  City Council direct the Chief Procurement Officer, in collaboration with the Executive Director, Social Development, Finance and Administration, to conduct a five-year review (2017-2021) of the Social Procurement Policy to identify successes and improvements needed in the Social Procurement Policy, and to report back to the Executive Committee in the third quarter of 2022.

4.  City Council direct the Executive Director, Social Development, Finance and Administration to include the Toronto Community Benefits Network and other Stakeholders, as strategic partners in the Community Benefits Advisory Group and in the community benefits work, the terms of which will be established in an Memorandum of Understanding or Terms of Reference to ensure the expertise of all stakeholders is leveraged to support:

a.  community engagement;

b.  processes for project assessment and target setting;

c. outreach; and

d. recruitment and placement activities associated with the Community Benefits Framework.

5.  City Council direct Executive Director, Social Development, Finance and Administration, in collaboration with the Chief Purchasing Officer, the General Manager, Employment and Social Services, the General Manager, Economic Development and Culture, and the City Solicitor, to strive to achieve a 10 percent EQUITY target in construction projects procured by Purchasing and Materials Management Division over $50 million, and Housing Now projects and to report back to the Economic and Community Development Committee in the second quarter of  2022 on the feasibility of making this 10 percent hard target mandatory.

6.  City Council direct the Executive Director, Social Development, Finance and Administration, in collaboration with the General Manager, Toronto Employment and Social Services the General Manager, Economic Development and Culture, and the Chief Purchasing Officer, to incorporate, through the scope of the Community Benefits Framework implementation program, aids for small businesses that might be affected by long-term government infrastructure projects on main streets, such as the Eglinton LRT Crosstown construction.

7.  City Council request the Executive Director, Social Development, Finance and Administration to consult with the Toronto District School Board leadership of Step to Construction regarding their vision, program and recommendations to have students placed on job sites on Toronto's publicly funded construction projects; and to explore and consider a minimum hard target for equity seeking groups for hiring in construction across all large scale infrastructure projects. 

8.  City Council request the Executive Director, Social Development, Finance and Administration to give consideration to defining the geographic catchment area/areas that the community benefits framework and community benefits agreements will apply to, and to include these definitions in future reports to City Council.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council direct the Chief Technology Officer, supported by the General Manager, Economic Development and Culture, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, the Executive Director, Corporate Real Estate Management, as well as request support from the Chief Executive Officer, Toronto Transit Commission, the Chief Librarian, Toronto Public Library, and the Chief Executive Officer, CreateTO, to develop a strategic framework, workplan and implement Phase 1 of ConnectTO, including, where applicable, to negotiate, enter into and execute any agreements with other public entities that may be necessary to implement Phase 1 of ConnectTO upon which terms and conditions satisfactory to the Chief Technology Officer, and in a form acceptable to the City Solicitor, to leverage municipal broadband to bring access to affordable high-speed internet for all Toronto residents and businesses, especially those who are vulnerable and underserved by digital infrastructure.

2.  City Council request the Chief Technology Officer to explore further opportunities for additional Phase 1 ConnectTO sites, prioritizing areas of the City that have a significant level of need for internet access among low income residents and are located within neighbourhood improvement, revitalization or priority neighbourhood areas.

3.  City Council direct the Chief Technology Officer, the Chief People Officer and the Executive Director, Social Development, Finance and Administration to develop a digital equity policy as part of the Digital Infrastructure Plan, building on the Data for Equity Strategy, in consultation with residents and stakeholders, that outlines a vision for an equitable and resilient Toronto through inclusive access to technology and internet.

4.  City Council direct the Deputy City Manager, Corporate Services, the Chief Financial Officer and Treasurer, and the City Solicitor to review the desirability, feasibility and sustainability of business models of municipal broadband delivery, including but not limited to co-operatives, non-profits (like NYC Mesh and Guifi.net), joint ventures and public-private partnerships, and issue any solicitations as desired.

5.  City Council request the Deputy City Manager, Corporate Services, working with appropriate staff, including Toronto Community Housing Corporation, to:

a.  examine ways to integrate affordable high-speed internet into all new affordable housing development projects and all large-scale revitalization projects, such as affordable housing, affordable rental housing, social housing and rent geared to household income units; and

b.  accelerate the current WiFi pilot that Toronto Community Housing Corporation is exploring in select seniors-designated buildings and explore the feasibility of expanding this pilot across all 83 seniors-designated buildings in order to achieve universal internet access.

6. City Council request the Chief Technology Officer and the Chief Procurement Officer to engage with the City's tech community, potential end users and anti-poverty advocacy groups in an information gathering sessions, to leverage community expertise, prior to the tender documents being finalized for ConnectTO.

7.  City Council direct the Chief Technology Officer, in consultation with the Executive Director, Social Development, Finance and Administration, to consider including the Thorncliffe Park Neighbourhood Improvement Area as a target area for Phase 1 and future phases of ConnectTO.

8.  City Council direct the City Manager and request the Toronto Public Library Board to request the Federal and Provincial Governments to provide additional emergency funding, if and when existing funding is exhausted, to support the extension of Toronto Public Library's Seniors Tech Help program past the March 12, 2021 deadline.

9.  City Council request the City Manager, in consultation with the City Librarian, Toronto Public Library, the General Manager, Seniors Services and Long-Term Care, and the Executive Director, Social Development, Finance and Administration, to expand the City's Digital Canopy program by extending free WiFi to 25 retirement communities located in Neighbourhood Improvement Areas.

10. City Council request the Chief Technology Officer to report back to the Executive Committee by end of 2021 to provide an update on digital equity, digital access and municipal broadband.

11.  City Council request the Chief Technology Officer:

a. to review the feasibility of using all public infrastructure, including modifying Toronto Parking Authority Green P parking meters, Bike Share Toronto docking stations and related equipment as part of their work to expand publicly accessible and free internet connectivity without costly and disruptive construction; and

b. as a part of the ConnectTO work plan and report back process, to:

1.  augment online learning;

2.  develop strategies to enhance access to support services, including mental health;

3.  focus on skills development, digital literacy, entrepreneurship and career advancement;

4.  explore and identify alternative internet platforms;

5.  recognize the complex nature of the digital divide, including the experience of racialized people, low-income people, women, girls, and other vulnerable people; and

6.  recognize that access to personal web-enabled devices may be needed to access the internet, which has become an indispensable tool for realizing a range of human rights, combating inequality and accelerating development and human progress.

12.  City Council request the General Manager, Parks, Forestry and Recreation to create a strategy to address the digital divide by providing free public WiFi in City parks and squares, starting with those located in Neighbourhood Improvement Areas.

13. City Council direct the City Manager to write to the Canadian Radio-television and Telecommunications Commission to:

a.  request the Commission to put its 2015 ruling that super-fast fibre optic network be made available through wholesale network access and set corresponding rates, into effect; and

b. put mechanisms in places for telecommunication companies to implement data rollover for account holders at the end of their billing cycles.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council approve the Terms of Reference for the City of Toronto's Seniors Housing Corporation Board in Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Community and Social Services, as amended by Part 2 below.

2. City Council amend the Terms of Reference for the Seniors Housing Corporation Board by replacing the Appointment Process with the following to ensure that it's consistent with the selection process for the tenant directors to the Toronto Community Housing Corporation:

The appointment of public members to the Seniors Housing Corporation will follow the provisions of the City's Public Appointments Policy.

For the five (5) public members at large, the Corporations Nominating Panel will review applications, conduct interviews, and recommend nominees to City Council for appointment to the Board.

For the two (2) public members that are current tenants of seniors housing corporation buildings, City staff, with input from seniors housing corporation tenants will conduct outreach, review applications, conduct interviews, and recommend nominees to the Corporation Nominating Panel. The Corporation Nominating Panel will recommend nominees to City Council for appointment to the Board.. 

3. City Council direct that, for the first two years following incorporation, the composition of the City of Toronto's Seniors Housing Corporation Board shall include the City Manager or designate sitting in an ex-officio non-voting capacity. 

4. City Council direct the City Clerk to immediately initiate the recruitment process for the City of Toronto's Seniors Housing Corporation Board in accordance with the Public Appointments Policy, the Business Corporations Act (Ontario), the Striking Committee Process and the Board Terms of Reference in Attachment 1 to the report (January 13, 2021) from the Deputy City Manager, Community and Social Services, as amended by Part 2 above.

5.  City Council request the Corporations Nominating Panel to make every effort to fill a majority of the public member positions of the Seniors Housing Corporation Board with senior citizens.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council receive the letter (December 21, 2020) from the Toronto Police Service Board for information.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Federal Government to provide funding to the City of Toronto to support the City of Toronto's COVID-19 Immunization Task Force's plan for a broad-based community engagement, education, and mobilization campaign to raise awareness and build support for the COVID-19 vaccine.

2.  City Council request the Federal Government to ensure that ethnic media is utilized in any Federal COVID-19 awareness and education campaign.

3.  City Council request the Governments of Canada and Ontario to consider enhanced and extended paid sick leave options, over and above the recommended 10 days, for employees with long-term COVID-19 complications.

4.  City Council urge the Government of Ontario to take immediate action to address the rising rate of new COVID-19 cases, hospitalizations and patients in intensive care units, including the following:

a.  provide additional supports to essential frontline workers, including paid sick leave, targeted support for temporary workers and enhanced proactive workplace inspections;

b.  continue efforts to expand test, trace and isolate systems;

c.  provide additional financial relief to ensure that affected businesses and workers are fully supported through the lockdown period;

d.  continue to carefully monitor the Provincial circumstances and other evidence in order to adjust public health measures accordingly; and

e.  proactively plan to reopen schools and other sectors safely.

5.  City Council request the Government of Ontario to:

a.  require employers in Ontario to provide no less than five paid sick days annually to workers, after three months of employment, through amendments to the Employment Standards Act, 2000, or through a different mechanism;

b.  provide necessary funding, fiscal relief, and/or supports to employers so that all workers in Ontario have access to no less than 10 paid sick days annually in the event of a declared infectious disease emergency such as the COVID-19 pandemic; and

c.  ensure all workers in Ontario have access to protected and paid emergency leave so that care can be provided to children, parents, or other family members who may become ill.

6.  City Council request the Ontario Ministry of Labour, Training and Skills Development to provide resources and funding to support workplaces that hire temporary workers to appropriately train staff in the use of Personal Protective Equipment and infection prevention and control measures.

7.  City Council authorize the Medical Officer of Health, in collaboration with the Executive Director, Social Development, Finance and Administration, to implement the Immunization Roll Out program, including entering into agreements or other suitable arrangements to provide funding to community agencies to partner with the City of Toronto on the Community Engagement and Mobilization component of the Immunization Roll Out program until the end of 2021, to be funded by the Province of Ontario as a component of the COVID-19 Immunization Plan in Toronto.

8.  City Council extend By-laws 322-2020 and 323-2020 that regulate physical distancing in public spaces in Toronto, until 12:01 a.m. on the first day after the City Council meeting currently scheduled for June 8 and 9, 2021 or, if that City Council meeting does not take place as scheduled, until 12:01 a.m. on the first day after the first City Council meeting that next occurs.
 

9.  City Council extend By-law 541-2020, as amended by By-law 664-2020, that requires businesses, apartments and condominiums to have policies to ensure people wear masks or face coverings in common areas, until 12:01 a.m. on the first day after the City Council meeting currently scheduled for June 8 and 9, 2021 or, if that City Council meeting does not take place as scheduled, until 12:01 a.m. on the first day after the first City Council meeting that next occurs.
 

10.  City Council extend the COVID-19 amendments to Toronto Municipal Code Chapter 354, Apartment Buildings (Section 354-3.11) that require landlords to provide hand washing/sanitizing in common areas, close non-essential common areas consistent with Provincial Orders, increase cleaning and post Toronto Public Health signage, until 12:01 a.m. on the first day after the City Council meeting currently scheduled for June 8 and 9, 2021 or, if that City Council meeting does not take place as scheduled, until 12:01 a.m. on the first day after the first City Council meeting that next occurs.
 

11.  City Council extend the COVID-19 amendments to Toronto Municipal Code Chapter 545, Licensing (Section 545-8.4.1) that require establishments serving food and drink to implement enhanced measures to mitigate the spread of COVID-19, including screening staff, limiting patrons, maintaining customer logs and limiting the number of people sitting at a table until 12:01 a.m. on the first day after the City Council meeting currently scheduled for June 8 and 9, 2021 or, if that City Council meeting does not take place as scheduled, until 12:01 a.m. on the first day after the first City Council meeting that next occurs.

 
12.  City Council request the Medical Officer of Health review the necessity of each By-law on a monthly basis and report if any changes or extensions are required before or at City Council's June 8 and 9, 2021 meeting.

 
13.  City Council authorize the City Solicitor to introduce the necessary Bills and apply set fines to give effect to City Council's decision; and, City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, or technical amendments as may be identified by the City Solicitor, in consultation with the Medical Officer of Health, in order to give best effect to the Medical Officer of Health's recommendations for the protection of the public as described in the supplementary report (January 25, 2021) from the Medical Officer of Health.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Government of Ontario to provide adequate funding to the Angel Foundation for Learning and the Toronto Foundation for Student Success to fully stabilize student nutrition program support for remote learners for the school period of January to June 2021.

 
2.  City Council direct that the report (January 5, 2021) from the Medical Officer of Health be forwarded to the Toronto District School Board, the Toronto Catholic District School Board, the Angel Foundation for Learning, the Toronto Foundation for Student Success, the Ontario Ministry of Education, the Ontario Ministry of Health, and the Federal Minister of Families, Children and Social Development.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council authorize the Medical Officer of Health to award, execute and amend, on an ongoing basis, a purchase of service contract for the Ontario Seniors Dental Care Program with Rexdale Community Health Centre and the Centre for Addiction and Mental Health, in a form approved by the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council appoint the following candidates to the Toronto Transit Commission:

a.  Fenton Jagdeo, at pleasure of Council, for a term of office ending March 27, 2023, continuing to serve until a successor is appointed; and

b. Joanne De Laurentiis, at pleasure of Council, for a term of office ending February 4, 2025, continuing to serve until a successor is appointed.

2. City Council direct that Confidential Attachments 1 to 5 to the report (January 12, 2021) from the Interim City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Transit Commission.

Confidential Attachments 1 to 5 to the report (January 12, 2021) from the Interim City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Transit Commission.

City Council on February 2, 3 and 5, 2021, adopted the following:

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

Randell Adjei

Phoenix Pagliacci

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt and certify the 2021 recommended Operating Budgets and Levy requirements of the following Business Improvement Areas:

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council remove the following director from the Business Improvement Area Board of Management set out below:

            DuKe Heights:

            Paolo Abate

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council direct the Boundary Expansion Subcommittee for the expansion of the Toronto Entertainment District Business Improvement Area and the City of Toronto's Business Improvement Area Office staff to bypass the requirement that the General Manager, Economic Development and Culture, conduct a formal public consultation meeting as required under Subsection 19-2.2A(3)(e) and the requirements under Subsection 19-2.2 C to H of City of Toronto Municipal Code Chapter 19, Business Improvement Areas, and to proceed to notice and polling under Section 19-2.4 of City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

2.  City Council state its intention to designate the area outlined in Attachment 1 to the letter (January 4, 2021) from Councillor Joe Cressy as the expanded Toronto Entertainment District Business Improvement Area under City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

3.  City Council direct the City Clerk to send out a notice of City Council's intention to pass a By-law designating the area outlined in Attachment 1 to the letter (January 4, 2021) from Councillor Joe Cressy as the expanded Toronto Entertainment District Business Improvement Area, in accordance with City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

4.  City Council direct the Chief Technology Officer to prepare designation By-law maps of the area outlined in Attachment 1 to the letter (January 4, 2021) from Councillor Joe Cressy and submit them to the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council adopt the Ombudsman Toronto Report (November 12, 2020) and in so doing, accept the Ombudsman's findings and direct the City administration to implement all of the recommendations.

Ombudsman's Recommendations:

In consideration of the information gathered through this Enquiry and our findings, we make the following recommendations, which the City should implement as soon as possible:

Explain that the City Only Pays When a Homeowner Proves the City Was Negligent

1.  Insurance and Risk Management and Toronto Water should revise the Basement Flooding – General Information brochure to include better information for the public about how the City handles basement flood and sewer backup claims. This information should include:

- The fact that making a third-party liability claim against the City does not guarantee payment;

- That the City will only pay a claim where the claimant is able to prove that the City was negligent;

- Reference to the City’s website for information on making a claim against the City.

Explain the Claimant’s Onus of Proof to Establish Negligence

2.  Insurance and Risk Management should ensure that the City’s website and all written communications to claimants about the claim investigation process clearly explain that the onus is on the claimant to prove that the City was negligent.

Information for the Public Must be Clear and Accurate.

3.  Insurance and Risk Management and Toronto Water should work with the City’s Strategic Communications division to revise all relevant sections of the City’s website to ensure that the public gets clear, consistent and detailed information about how Toronto Water investigates basement floods and sewer backups, and ensure that these sections of the website also provide information about how the City handles third-party liability claims about basement floods and sewer backups.

Tell People Reporting to 311 May Make the Difference

4.  Insurance and Risk Management, in collaboration with Toronto Water, Legal Services and Strategic Communications, should provide clear information on the City’s website about the importance of reporting a basement flood or sewer backup to 311. The information on the website should explain why reporting a basement flood or sewer backup incident to 311 to allow Toronto Water to investigate may play an important part in the claims investigation process.

Stop Routinely Asking for a Confidentiality Clause on Settlement

5.  Insurance and Risk Management should stop routinely including a confidentiality clause in the Final Release it has claimants sign when settling a claim. This should apply to all third-party liability claim settlements, not just those related to basement floods and sewer backups. The exception will be where the City Solicitor or outside counsel representing the City expressly recommends including a confidentiality clause in a particular case.

Develop a Process for Storm Events

6.  Insurance and Risk Management, Legal Services and Toronto Water should develop a written “business process” to coordinate the investigation of storm event claims.

7. In developing a business process for storm event claim investigations, Insurance and Risk Management, Legal Services and Toronto Water should consider the following:

- Including a definition of a “storm event” for the purposes of grouping third-party liability claims into a storm event category;

- Objectives of the storm event claims investigations process;

- Sources of evidence to be considered in the storm event claims investigation process;

- Outlining the roles and responsibilities of the various actors involved in the storm event claims investigations process;

- Establishing/outlining a process to share evidence Toronto Water staff gathers during the storm event claims process with other sections of Toronto Water (e.g. the Basement Flooding Prevention Program);

- Developing a communications strategy to:

- Implement a schedule to ensure regular communication with claimants about the status of the storm event claims investigations;

- Give homeowners information about the negligence claims process, including making homeowners aware of the difference between reporting a flood/sewer backup incident to 311 and making a third liability claim against the City;

- Give homeowners information about storm event claims investigations, including general explanations of why some homeowners impacted by a storm event may be successful in their claims while others may not.
 

8. The City should post information about the storm event claims investigations process on its website.

Make Better Use of the Toronto Water Coordinator Position

9.  Toronto Water should review the job responsibilities for the Coordinator – Business Process position and examine ways in which third-party liability claims data could be shared with sections of Toronto Water responsible for preventing and addressing basement floods and sewer backups.

2. City Council direct the General Manager, Toronto Water, in consultation with the Director, Insurance and Risk Management, Finance and Treasury Services, and the City Solicitor to report to the General Government and Licensing Committee in the second quarter of 2021 on recommended eligibility criteria and financial implications of providing a one-time no-fault grant for residential property owners and / or tenants in the Rockcliffe neighbourhood of Ward 5, York South-Weston, and other similarly impacted areas, who were uninsurable for basement flooding insurance coverage and reported one or more sewer back-up / basement flooding incidents to the City of Toronto as of a result of storm events during the time period January 1, 2018 to December 31, 2020 inclusive.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the initiation of the expropriation process for the City to acquire part of the property at 5795 Yonge Street, depicted in Appendix A to the report (December 14, 2020) from the Executive Director, Corporate Real Estate Management, (the "Lands"), to complete the construction, maintenance and future repairs of a public street.

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish as required notices of Application for Approval to Expropriate Land, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearing to present the City's position, and to report the Inquiry Officer's recommendations to City Council for its consideration.

3.  City Council authorize the public release of the Confidential Attachment 1 to the report (December 14, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination and closing of the compensation payable for the required property interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor.

Confidential Attachment 1 to the report (December 14, 2020) 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 or disposition of land by the City of Toronto. Confidential Attachment 1 to the report (December 14, 2020) from the Executive Director, Corporate Real Estate Management will be made public once there has been a final determination and closing of the compensation payable for the required property interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive bridge contract with Parsons Incorporated for the provision of RESCU Transportation Operations Centre operations services in the amount of $834,430.48 net of Harmonized Sales Tax ($849,116.46 net of Harmonized Sales Tax recoveries), for the period March 1, 2021 to September 30, 2021, on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council direct that Confidential Attachment 1 to the report (December 18, 2020) from the General Manager, Solid Waste Management Services remain confidential in its entirety as it relates to commercial or financial information that belongs to the City and has potential monetary value, and it involves a position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the City.

Confidential Attachment 1 to the report (December 18, 2020) from the General Manager, Solid Waste Management Services remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it relates to commercial or financial information that belongs to the City and has potential monetary value, and it involves a position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the City.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the General Manager, Parks, Forestry and Recreation to execute an amending and renewal agreement with Toronto Botanical Garden to extend the original 20-year term of the 2004 Management Agreement for another twenty years, to November 30, 2044, with an option to renew, at the General Manager, Parks, Forestry and Recreation's sole discretion after consultation with the Toronto Botanical Garden for an additional ten years after that, to November 30, 2054, all on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the installation of traffic control signals at the intersection of Bloor Street West and Dundas Street West.

2. City Council authorize the installation of traffic control signals at the intersection of Dundas Street West and Kipling Avenue.

3. City Council authorize the installation of traffic control signals at the intersection of Dundas Street West and Dundas Street West.

4. City Council authorize the installation of traffic control signals at the intersection of Dundas Street West and Bindagen Trail.

5. City Council designate the two most easterly southbound lanes on Kipling Avenue, between Bloor Street West and a point 30.5 metres north, for southbound left-turns only.

6. City Council designate the two most northerly eastbound lanes on Bloor Street West, between Dundas Street West and a point 30.5 metres west, for eastbound left-turns only.

7. City Council designate the two most southerly westbound lanes on Bloor Street West, between Dundas Street West and a point 30.5 metres east, for westbound left-turns only.

8. City Council designate the two most easterly northbound lanes on Dundas Street West, between Dundas Street West and a point 30.5 metres south, for northbound right-turns only.

9. City Council designate the most southerly westbound lane on Dundas Street West, between Dundas Street West and a point 30.5 metres east, for westbound left-turns only.

10. City Council designate the most northerly westbound lane on Dundas Street West, between Dundas Street West and a point 30.5 metres east, for westbound left-turn, straight through and right-turn movements.

11. City Council designate the most northerly westbound lane on Bloor Street West, between Resurrection Road and Prennan Avenue, as a cycle track.

12. City Council designate the most southerly eastbound lane on Bloor Street West, between Beamish Drive and Resurrection Road, as a cycle track.

13. City Council designate the most northerly westbound and most southerly eastbound lanes on Dundas Street West, between Aukland Road and Dundas Street West, as cycle tracks.

14. City Council designate the most westerly southbound and the most easterly northbound lanes on Kipling Avenue, between Bloor Street West and Dundas Street West, as cycle tracks.

15. City Council designate the most westerly southbound lane on Kipling Avenue, between Dundas Street West and a point 58 metres south of Viking Lane, as a bicycle lane.

16. City Council designate the most easterly northbound lane on Kipling Avenue, between a point 33 metres south of the access road from northbound Kipling Avenue to St, Albans Road and Dundas Street West, as a bicycle lane.

17. City Council prohibit northbound, southbound, eastbound and westbound right-turn-on-red signal movements at the intersection of Bloor Street West and Kipling Avenue.

18. City Council prohibit northbound, southbound, eastbound and westbound right-turn-on-red signal movements at the intersection of Bloor Street West and Dundas Street West.

19. City Council prohibit northbound, southbound, eastbound and westbound right-turn-on-red signal movements at the intersection of Dundas Street West and Kipling Avenue.

20. City Council prohibit northbound right-turn-on-red movements on Dundas Street West at Dundas Street West.

21. City Council rescind the existing northbound left-turn prohibition on Beamish Drive at Bloor Street West.

22. City Council adopt regulatory parking amendments listed in Attachments 6 and 7 to the report (December 18, 2020) from the General Manager, Transportation Services, with Attachment 7 amended by replacing the reference to "Highway 27" with "Highway 427".

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until December 31, 2030, inclusive, the authority to temporarily close to pedestrian and vehicular traffic highways or portions of highways for a period up to and including 365 consecutive days but ending no later than December 31, 2030, inclusive, with the exception of those highways listed in Section 937-4 of Chapter 937, as required for the purpose of the construction of Ontario Line, excluding the proposed above ground section of the Ontario Line between the Don River and Gerrard Street, and City Council 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.

2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until December 31, 2030, inclusive, the authority to temporarily close to pedestrian and vehicular traffic highways or portions of highways for a period up to and including 365 consecutive days but ending no later than December 31, 2030, inclusive, with the exception of those highways listed in Section 937-4 of Chapter 937, as required for the purpose of the construction of Eglinton Crosstown West Extension and City Council 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 amend City of Toronto Municipal Code Chapter 27, Council Procedures, to provide that the current delegation to Community Council to temporarily close local roads, collector roads, and minor arterial roads does not include closures delegated to the General Manager, Transportation Services in carrying out the authority in Parts 1 and 2 above.

4. City Council direct the General Manager, Transportation Services to request Metrolinx to expand its use of a 24 hour, 7 days a week hotline to accept and track complaints and reports of issues associated with the Ontario Line and Eglinton Crosstown West Extension projects.

5. City Council direct the General Manager, Transportation Services to work with Metrolinx to provide details of long-term road occupancy permits to the public on project websites, consistent with current practices deployed on the Eglinton Crosstown Light Rail Transit, Finch West Light Rail Transit and GO Expansion projects.

6. City Council, authorize the General Manager, Transportation Services to work with Metrolinx with respect to the Ontario Line planning process to:

a. undertake a detailed modelling exercise to further develop traffic mitigation measures as more information becomes available;

b. include the recommended traffic operational constraints identified in the supplementary report (January 27, 2021) from the General Manager, Transportation Services within Metrolinx's future contracts, regardless of whether an above or below grade option is taken forward, to minimize impacts on traffic; and

c. include protections for vulnerable road users in Metrolinx's construction traffic management plans.

7. City Council direct that the traffic lanes and sidewalks be reopened when the projects are complete.

8. City Council direct the Executive Director, Transit Expansion Office to work with Metrolinx to conduct consultations, prior to finalizing any agreements with Metrolinx, with the directly affected community, Business Improvement Areas and the local City Councillor. 

9. City Council direct the Executive Director, Transit Expansion Office to work with Metrolinx to include a provision to request a construction management plan for construction equipment clean-up of the sites and along the stretch of the Business Improvement Areas, such that that small businesses will not have their storefronts blocked and obstructed.

10. City Council direct the Executive Director, Transit Expansion Office to work with Metrolinx to include a small business recovery compensation plan for businesses directly affected in their agreements, so that the small businesses can keep their doors open through ten years of construction.

11. City Council direct the Executive Director, Transit Expansion Office to work with Metrolinx to put a clause in the tendering documents for the Eglinton Crosstown West Extension, Yonge North Subway Extension and Ontario Line that sets out clear requirements for operations in any City right-of-way, including detailed construction and mitigation plans to be placed on file with the City and Ward Councillor that set out the standards for keeping the area clean and tidy, the requirement to be respectful of businesses and residents, and that requires the contractor to have a single point of contact from a management position for businesses and residents; and that Metrolinx provide funding to the City to hire a minimum of one staff position to assist local Business Improvement Areas in their daily dealings with road closures and how businesses will be affected and that the impacted Business Improvement Areas and the Toronto Association of Business Improvement Areas be consulted in the hiring; and that, prior to City Council approving any delegated authority for the section of the Ontario Line between the Don River and Gerrard Street, City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee on Metrolinx's agreement in writing to the stipulations in this decision.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council endorse the Recommended Design Concept of the yongeTOmorrow Municipal Class Environmental Assessment outlined in Attachment 8 to the report (December 18, 2020) from the General Manager, Transportation Services.

2. City Council authorize the General Manager, Transportation Services to publish a Notice of Completion and file the Environmental Study Report for the yongeTOmorrow Schedule "C" Municipal Class Environmental Assessment on the public record for a minimum 30 days in accordance with the requirements of the Municipal Class Environmental Assessment Act.

3.  City Council direct the General Manager, Transportation Services, as part of the ongoing consultations with main street businesses and other stakeholders, to report back, as part of the process, on the feasibility of:

a. new opportunities for patio extensions, parklets and other significant public realm improvements, as well as measures to enhance pedestrian and cyclist safety, before and after the construction; and

b. creating a special area by-law to ensure effective maintenance, community safety and special event activation for the new street, in partnership with the local Business Improvement Area.

4. City Council direct the General Manager, Transportation Services, as part of the detailed design process, to continue engagement with business stakeholders along Yonge Street, and in the immediate area, regarding, but not limited, to:

a. pedestrian drop off and pick up areas, and taxi stands;

b. locations of turning lanes and laybys; and

c. spaces for tour buses on Victoria Street.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council direct the General Manager, Transportation Services, in consultation with accessibility stakeholders, to develop accessibility guidelines, workshops and harmonized standards in the delivery of an expanded cycling network and to report back to the Toronto Accessibility Advisory Committee by the end of the third quarter of 2021, such consultation to include the Advisory Committee on Accessible Transit as it relates to potential safety and accessibility issues for transit users, including the increased opportunity for conflict with Toronto Transit Commission passengers boarding or exiting vehicles.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee meeting in the second quarter of 2021 on potential improvements to virtual hearings at the Committee of Adjustment with regards to:

a.  advice on the feasibility of sending notices to all residential mailboxes within the 60 metre radius from the subject property;

b.  including a clearly stated deadline for comment submission on posted notices;

c.  reviewing the feasibility of moving the deadline for public submissions closer to the meeting date, from 5 business days to 3 business days prior to the meeting; and

d.  reviewing the feasibility of extending the deadline for elected officials, providing a period of 1 business day after the notice deadline to review comments received from community members.

City Council on February 2, 3 and 5, 2021, referred Item PH20.7 back to the Planning and Housing Committee for further consideration.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Heritage, Sport, Tourism and Culture Industries, and the Minister of Infrastructure to immediately halt any demolition or construction work at 153-185 Eastern Avenue for a minimum of 30 days and to provide the following for the City of Toronto to comment on and review:

a.  Cultural Heritage Evaluation;
b.  Archaeological Assessment;
c.  Heritage Impact Assessment;
d.  Strategic Conservation Plan;
e.  Environmental Site Assessment; and
f.  Any other studies done with relation to 153-185 Eastern Avenue.

 
2.  City Council request the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Heritage, Sport, Tourism and Culture Industries, and the Minister of Infrastructure to immediately engage and consult with residents about the future of 153-185 Eastern Avenue.

3.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (February 1, 2021) from the City Solicitor and the Chief Planner and Executive Director, City Planning.

4.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (February 1, 2021) from the City Solicitor and the Chief Planner and Executive Director, City Planning at the discretion of the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (February 1, 2021) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential, as it contains advice that is subject to solicitor-client privilege.

5.  City Council immediately forward this Item to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Heritage, Sport, Tourism and Culture Industries, and the Minister of Infrastructure.

Confidential Attachment 1 to the supplementary report (February 1, 2021) from the City Solicitor and the Chief Planner and Executive Director, City Planning remains confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (February 1, 2021) from the City Solicitor and the Chief Planner and Executive Director, City Planning will be made public at the discretion of the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council amend the former City of Etobicoke Zoning Code for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (December 14, 2020) from the Director, Community Planning, Etobicoke York District.

2.  City Council amend City-wide Zoning By-law 569-2013 for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (December 14, 2020) from the Director, Community Planning, Etobicoke York District.

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-laws 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, including provisions for indemnity, insurance, financial security, maintenance, HST and indexing, as applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as follows:

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

i.  prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of one million dollars ($1,000,000) by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward:

A.  Islington Business Improvement Area;

B.  Etobicoke Centre Six Points Park;

C.  Etobicoke Civic Centre Library and Community Centre;

D.  Local non-profit child care facilities;

E.  Wedgewood Pool;

F.  Local park and streetscape improvements;

ii.   the financial contribution pursuant to Part 4.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;

iii.  in the event the financial contribution in Part 4.a.i. above has not been used for the intended purposes within three (3) years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

iv.  the owner shall make a Public Art contribution in the amount of five hundred thousand dollars ($500,000) on public art program terms set out in the Section 37 Agreement and to the satisfaction of the Chief Planner and Executive Director, City Planning, which amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of issuance of the first above-grade building permit;

v.  the owner shall provide and maintain at least six (6) affordable rental dwelling units within the proposed mixed-use building on the lot to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  the owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for at least twenty (20) years, beginning from the date that each such unit is first occupied on terms set out in the Section 37 Agreement; no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provides a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes or to demolish any affordable rental dwelling unit shall be made for at least twenty (20) years from the date of first occupancy; and upon the expiration of the twenty (20) year period, 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;

vii.  the owner shall provide and maintain the six (6) affordable rental dwelling units in accordance with the following:

a.  one (1) of the affordable rental dwelling units shall be three-bedroom or larger and shall have a minimum floor area of 111.7 square metres;

b.  two (2) of the affordable rental dwelling units shall be two-bedroom units or larger and shall each have a minimum floor area of at least 87 square metres; and

c.  three (3) of the affordable rental dwelling units shall be one-bedroom units or larger and shall each have a minimum floor area of at least 62.7 square metres;

viii.  the owner shall provide and maintain the six (6) affordable rental dwelling units at affordable rents for at least fifteen (15) years, beginning with the date that each such unit is first occupied, in accordance with the terms set out in the Section 37 Agreement, including:

A.  the initial rent (inclusive of utilities) charged to tenants upon first occupancy of a new affordable rental dwelling unit shall not exceed the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

B.  after the first year of occupancy of a new affordable rental unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental unit may be escalated annually by not more than the annual provincial rent guideline, until the tenancy ends;

C.  notwithstanding the annual rent increases permitted in Part viii.A. above, the rent (inclusive of utilities) charged to any tenants occupying an affordable rental dwelling unit shall not be increased to an amount that exceeds the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and

D.  if an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, until the tenancy ends;

ix.  tenants of the new affordable rental units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use building on the same basis as other units within the development with no separate or additional charges;

x.  the location and layouts of the new affordable rental units within the new mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

xi.  at least six months in advance of any new affordable rental units within the development being made available for rent to the general public, the owner shall develop and implement a Co-ordinated Access Plan in consultation with, and to the satisfaction, of the Chief Planner and Executive Director, City Planning; and

xii.  the Co-ordinated Access Plan will provide that:

A.  any affordable rental units are provided only to tenant households that have demonstrated, to the satisfaction of the Chief Planner and Executive Director, City Planning, they are in financial need of affordable rental accommodation, as the case may be;

B.  the owner shall consult with the Chief Planner and Executive Director, City Planning, and offer any affordable rental units to tenant households who have demonstrated need as in A. above and who are on such waiting lists as may be specified, prior to making any affordable rental units available for rent to the general public;

C.  the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to ensure, that any accessible rental units are made available for rent to tenant households having one or more household members with special needs, including physical and/or mental limitation; and

D.  when entering into a tenancy agreement for a new affordable rental unit, the tenant's household income shall not exceed four (4) times the annual equivalent of the rent (inclusive of utilities) for the rental unit; and

xiii.  the new affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units erected on the Lands are available and ready for occupancy; and

b.  the following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

I.  the owner shall construct and maintain, at its own expense, an area of not less than 177 square metres in a plaza on the south and west corner of Dundas Street Wet and Shorncliffe Road, for use by the general public as privately-owned publicly accessible open space with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  prior to the issuance of the first above-grade building permit, building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City in perpetuity, including support rights as applicable, for public use of the privately-owned publicly accessible open space, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

iii.  prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear access having a width of not less than 7.5 metres measured from the south property boundary the full width of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; and such access easement shall include use associated with properties adjacent to a westerly extension of the rear access to a new proposed public street and fronting onto Dundas Street as well as properties south of such westerly extension, as applicable;

iv.  the owner shall, at its own expense, construct and maintain the rear access lands, referred to in Part 4.b.iii. above, to the standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval.

v.  the owner shall provide the City with a right, upon delivery of written notice in the future, to require the fee simple conveyance of the rear access lands referred to in Part 4.b.iii. above to the City, all to the satisfaction of  the General Manager Transportation Services and the City Solicitor on terms set out in the Section 37 Agreement; the right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of properties fronting onto Dundas Street West and extending westerly between Shorncliffe Road and a new proposed street to the west; upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the rear access lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor; and prior to conveyance, and as may be required, the then owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane;

vi.  prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a pedestrian clearway easement in favour of the City in perpetuity,  including support rights as applicable, to achieve a minimum of 2.1 metre public sidewalk for use by the public along the frontages of Dundas Street West and Shorncliffe Road, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor; and the details, location and configuration of the pedestrian clearway will be determined and secured in the context of site plan approval and the owner shall construct and maintain the pedestrian clearway easement lands at its own cost and expense;

vii.  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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning;

viii.  the owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation;

ix.  the owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

A.  in the event that car-share spaces, as defined in the Zoning By-law Amendment, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services;

B.  implementation of any required air quality and odour mitigation or other recommendations, as detailed in the Air Quality and Odour Assessment (revised January 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;

C.  implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise and Vibration Impact Assessment (revised April 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;

D.  construction of a bus platform, stop and shelter on the Shorncliffe Road frontage to the satisfaction of the Toronto Transit Commission;

E.  implementation of noise attenuation for the units in proximity to the proposed bus stop as may be recommended by the Toronto Transit Commission, including warning clauses in the associated purchase and sale/tenancy agreements;

F.  reconstruction of the City sidewalks to City standards along the frontages of Dundas Street West and Shorncliffe Road, to the satisfaction of the General Manager, Transportation Services;

G.  provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; and

H.  incorporation of signage to identify the proposed privately-owned publicly accessible open space to be located in a plaza on the south and west corner of Dundas Street West and Shorncliffe Road; and

x.  the conveyance of any easement or fee simple interest of lands to the City as contemplated in this Part 4, shall be at no cost to the City,  for nominal consideration and free and clear of encumbrances to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning as well as the General Manager, Transportation Services, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council direct the City Solicitor, together with appropriate City staff, and/or retain external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the applicant's appeal of the Zoning By-law Amendment application for 933-935 The Queensway.

2.  City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the proposal and to continue discussions with the applicant in an attempt to resolve the issues outlined in this report satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary.

 
3.  In the event 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 the issuance of any Order(s) on the appeal for the subject lands until:

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

 
b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and securing the matters required to support the development outlined in Part 4 below;

 
c.  the owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and if upgrades/improvements to the existing municipal infrastructure are required to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

 
d.  the owner has made satisfactory arrangements with the City and entered into the appropriate financially secured Development Agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to accommodate this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and the Urban Transportation Considerations Report accepted by the General Manager of Transportation Services;

 
e.  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 the Sewers Chapter 681;

f.  the owner has secured any required noise mitigation measures identified in the submitted Noise and Vibration Impact Study, peer reviewed at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
g.  the owner has secured any required mitigation measures identified in the submitted Compatibility/Mitigation Report, peer reviewed at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the owner shall construct and maintain any required mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
h.  the owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning; and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; 

4.  In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development:  

a.  the owner shall enter into 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;

 
b.  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 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;
 

c.  the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; and

 
d.  a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms units.

5.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council designate the westerly southbound lane on Mill Road, between Markland Drive and a point 30.5 metres north, for southbound right-turns only.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the permanent closure of the portions of the public highway lands abutting Dundas Street West and Kipling Avenue, shown as Part 11 and 12 of the R-Plan 66R-30391 (the "Highway"), Attachment 2 to the report (December 14, 2020) 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 Attachment 1 to the report (December 14, 2020) from the Director, Transportation Planning and Capital Program, Transportation Services.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council exempt the applicant at 703 The Queensway from the provision of an additional 6 parking spaces on-site in order to satisfy the requirements of Site Specific Zoning By-law 514-2003, subject to a $30,000 payment-in-lieu of parking, provided the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose the Minor Variance application requested in Application No. A0132/20EYK, respecting 18 Herne Hill.

2.  City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0132/20EYK respecting 18 Herne Hill 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, with the Director of Community Planning, Etobicoke York District, and with the Supervisor, Tree Protection and Plan Review, Etobicoke York District.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 717, 719, 723 and 733 Mount Pleasant Road in its current form for reasons set out in the report (December 14, 2020), from the Acting Director, Community Planning, North York District.

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant in an attempt to resolve issues outlined in the report (December 14, 2020) and within the context of the ongoing Midtown Zoning Review, consistent with Official Plan Amendment 405, from the Acting Director, Community Planning, North York District, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that:

a.  the proposed form and content of the Zoning By-law Amendments are satisfactory to the Acting Director, Community Planning, North York District and City Solicitor;

b.  the owner has entered into and registered a Section 37 Agreement with the City incorporating language securing the above all to the satisfaction of the Chief Planner and Executive Director City Planning, and the City Solicitor; and

c.  the owner has addressed the comments in the Engineering and Construction Services memo dated February 24, 2020, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and any additional comments arising from the technical review of the November 6, 2020 resubmission to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with appropriate City staff.

4.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan and Zoning By-law amendment applications for 40, 42, 44, 46 and 48 Hendon Avenue in its current form for reasons set out in the report (December 14, 2020) from the Acting Director, Community Planning, North York District, as amended.

2.  Should the Local Planning Appeal Tribunal approve the Official Plan and/or Zoning By-law amendment applications, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order(s) approving the application(s) until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the City;

b.  the City Solicitor confirms the satisfactory execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure the Section 37 matters;

c.  the City Solicitor confirms that the owner has provided a Functional Servicing and Stormwater Management Report and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Hydrogeological Report to support the development, all 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 Functional Servicing and Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

3.  Should the Local Planning Appeal Tribunal approve the application, City Council direct the City Solicitor to advise the Tribunal that the Zoning By-laws should not be approved without the provision of such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be considered appropriate by the Chief Planner in consultation with the applicant and the Ward Councillor.

4.  Should the Local Planning Appeal Tribunal approve the application, 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.

5.  City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant, in consultation with the Ward Councillor, to address the issues outlined in the report from the Acting Director, Community Planning, North York District, and to report back to City Council on the outcome, including proposed Section 37 contributions relating to any revised proposal, as appropriate.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council exempt the applicant at 2586 Yonge Street from the City of Toronto Zoning By-law No. 569-2013 parking requirement of two spaces for the proposed veterinary hospital use on the site, subject to a $10,000 payment-in-lieu of parking, provided the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council exempt bicycles from the existing right-turn only lane designation on Avondale Avenue, between Yonge Street and a point 30.5 metres east.

2.  City Council prohibit westbound through movements at all times from Avondale Avenue, east of Yonge Street, to Florence Avenue, west of Yonge Street, bicycles excepted.

3.  City Council prohibit eastbound through movements at all times from Florence Avenue, west of Yonge Street, to Avondale Avenue, east of Yonge Street.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council authorize the installation of traffic control signals at the intersection of Morningside Avenue approximately 250 metres north of Neilson Road at the primary entrance of 1730 Neilson Road, 2710 Morningside Avenue, and 2750 Morningside Avenue.

City Council on February 2, 3 and 5, 2021, 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 for 53, 55 and 95 Lake Shore Boulevard East, 15, 33, and 43 Freeland Street and 2 and 15 Cooper Street, as generally illustrated in Attachment 13 in the report (December 14, 2020) from the Director, Community Planning, Toronto and East York District, subject to:

a.  the conditions as generally listed in Attachment 12 to the report (December 14, 2020) 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 ongoing technical review of this development.

2.  City Council receive the supplementary report (January 11, 2021) from the Director, Community Planning, Toronto and East York District for information.

City Council on February 2, 3 and 5, 2021, 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 for 1-7 Yonge Street, as generally illustrated on Attachment 12 to the report (December 14, 2020) from the Director, Community Planning, Toronto and East York District, subject to:

a.  the conditions, as generally listed in Attachment 11 to the report (December 14, 2020) 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 or modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the ongoing technical review of this development.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council deny the request for a permit to remove one privately owned tree located at 84 Medland Crescent.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council approve the application to demolish the two storey non-residential building at 3434 Dundas Street West, subject to the following conditions:

a.  construction fences be erected in accordance with the provisions of Municipal Code Chapter 363, Article 7, if deemed appropriate by the Chief Building Official and Executive Director, Toronto Building;

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

c.  sod be laid on the site and the site be maintained free of garbage and weeds, in accordance with Municipal Code Chapter 629-10, paragraph B and 629-11; and

d.  any holes on the property are backfilled with clean fill.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council approve the application to demolish the existing one-storey place of worship for 439 Vaughan Road, subject to the following conditions:

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

b.  if a building permit is not obtained by February 2, 2022, the owner will be required to complete the following:

i.  any holes on the property are backfilled with clean fill; and

ii.  sod be laid on the site and the site be maintained free of garbage and weeds, in accordance with Municipal Code Chapter 629-10, paragraph B and 629-11.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council assume the services installed and formally assume within the Pan-An Village under the terms of the associated Subdivision Agreement:

a.  the new roads constructed within Blocks 21-25, 27, 30, and 31 within the Registered Plan of Subdivision 66M-2488;

b.  Cherry Street/Sumach Street, from King Street East to the north side of the Metrolinx underpass, as widened by Blocks 6, 18, 19, 28, and 29 within the Registered Plan of Subdivision 66M-2488, together with widenings described as Part 1 on Reference Plan 66R-24360, Part 1 on Reference Plan  66R-24361, and Part 1 on Reference Plan 66R-24546;

c.  Front Street East, from west of the intersection at Cherry Street and Front Street East to Bayview Avenue, as widened by Blocks 5, 7, 33, and 34 within the Registered Plan of Subdivision 66M-2488;

d.  Mill Street, from west of the intersection at Cherry Street and Mill Street to Bayview Avenue, as widened by Block 35, within the Registered Plan of Subdivision 66M-2488; and

e.  Eastern Avenue from Eastern Avenue to Lawren Harris Square.

2.  City Council authorize the Director, Engineering Review to release the performance guarantee held with respect to the Registered Plan of Subdivision 66M-2488.

3.  City Council direct that an assumption By-Law be prepared to assume the municipal roads/public highways and the municipal services within the Registered Plan of Subdivision 66M-2488, as described in Part 1 above.

4.  City Council authorize and direct the City Solicitor to register the assumption By-Law in the Land Registry Office, at the expense of the Owner.

5.  City Council authorize the appropriate City Officials to take necessary action and to sign any release or other documentation necessary to give effect to City Council's decision.

6.  City Council authorize the appropriate City Officials to transfer ownership of the street lighting system constructed within the Registered Plan of Subdivision 66M-2488 to Toronto Hydro.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council amend Schedule B of City of Toronto Municipal Code Chapter 925, Permit Parking to incorporate a revised map of permit parking area 8D, as shown in Attachment 1 to the report (November 16, 2020) from the Director, Permits and Enforcement, Transportation Services.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council amend Schedule B of City of Toronto Municipal Code Chapter 925, Permit Parking, to incorporate a revised map of permit parking area 8D, as shown in Attachment 1 to the report (December 7, 2020) from the Director, Permits and Enforcement, Transportation Services.

2.  City Council request the Chief Planner and Executive Director, City Planning to require as a condition of condominium approval that the owner provide an Undertaking that, upon occupancy, all condominium owners will be notified that any owner, future owner, tenant, or sublet tenant, or any other additional occupant or guest, that the building has been excluded from any on-street permit specified area, and notice of same will be included in the condominium declaration for the site.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 22, 2021) from the City Solicitor.

2. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson.

3.  City Council direct that Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor, and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson 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 Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson will be made public at the discretion of the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to issue the final Order in relation to the Official Plan and Zoning By-law Amendment applications for 31R Parliament Street, 370 and 370R Cherry Street, independent of the final Official Plan and Zoning By-law Amendment applications for 60 Mill Street, upon the satisfaction of the following matters:   

a.  the form and content of the draft Official Plan and Zoning By-law amendments for 31R Parliament Street, 370 and 370R Cherry Street have been finalized in accordance with the settlement approved by City Council in Item 2017.CC27.2 on March 28, 2017 and as approved by the Local Planning Appeal Tribunal on July 6, 2017 to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a revised Functional Servicing Report to the satisfaction of Engineering and Construction Services; if a Functional Servicing Report submitted to the satisfaction of the City identifies infrastructure capacity issues with respect to sewer or water, including groundwater management, the zoning shall only be approved with a holding (H) symbol, which shall be lifted when sufficient infrastructure is in place;

c.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has submitted its site plan application for the consideration of the City's Design Review Panel;

d.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a Transportation Impact Report Addendum, including updated traffic surveys from 2016, vehicular parking justification, and loading requirements to the satisfaction of the General Manager, Transportation Services; the number of vehicular parking spaces may deviate from the standards of Zoning By-law 569-2013, provided a justification is made in the revised Transportation Impact Study, all subject to the acceptance of the General Manager, Transportation Services;

e.  Comments from Metrolinx are provided to the satisfaction of the Chief Planner and Executive Director, City Planning in respect of the environmental impacts of the adjacent rail corridor upon the development and fulfillment of Metrolinx’s standard requirements, which may include requirements with respect to the proposed crash wall;

f.  Official Plan Amendment 394 is approved by the Province, or alternatively have the Province confirm that it has no objections to the proposal, or such alternative arrangements as may be acceptable to the Chief Planner and Executive Director, City Planning;

g.  the following community benefits are secured in a Section 37 Agreement executed by the owner of 31R Parliament Street, 370 and 370R Cherry Street and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $3.2 million dollars, indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of the final Order of the Local Planning Appeal Tribunal and payable upon the issuance of the first above-grade building permit, to be directed to the following:

A.  $1,066,667 to be used by the City in its sole discretion with respect to improvements of the First Parliament site;

B.  $1,066,666 to be provided, under the supervision of the City with respect to improvements to the Toronto Aboriginal Hub in the West Don Lands; and

C.  $1,066,666 to be contributed towards streetscaping and open space improvements, of which $533,333 shall be spent on streetscaping and open space improvements within the Distillery District; and $533,333 shall be spent on streetscaping and open space improvements in the vicinity of the Distillery District including the intersection of Trinity Street and Mill Street; in the event that the City requests and the owner agrees to provide such improvements directly (to the satisfaction of the City) in lieu of a financial contribution, the owner shall, at the time of issuance of its first above-grade building permit, provide a letter of credit with respect to the value of such proposed works;

ii.  in the event the cash contribution identified in Part 1.g.i. above has not been used for the intended purpose within three (3) years after the issuance of the first above-grade building permit for all or any part of the site, the cash contribution may be redirected for another purpose or purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose or purposes are identified in the Official Plan and will benefit the community in the vicinity of the site;

iii.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $850,000 towards the commissioning of public art, including a public art proposal to be approved by the Chief Planner and Executive Director, City Planning where a portion of the contribution may be directed towards the relocation of "Still Dancing" by Dennis Oppenheim to a publicly accessible space subject to:

A.  any relocation of the public art shall be in accordance with the Distillery District's contractual arrangements with the Dennis Oppenheim estate and shall be subject to a relocation plan satisfactory to the City; and

B.  a reasonable cost estimate be provided, based on third party reviews of the relocation, with the actual cost not to exceed $100,000 all subject to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide 10 percent of the total number of dwelling units as 3 bedroom dwelling units or larger, or their equivalents;

v.  prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

vi.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall consult with the area residents in respect to the site plan applications for the development proposals, including meeting with area residents to present the site plans, in coordination with City Planning staff, and in consultation with the Ward Councillor;

vii.  the fourth and fifth storeys of the Ribbon Building shall be constructed in a different exterior material than the first three storeys, to be determined through the site plan approval process;

viii.  prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a strategy to document and preserve archaeological remains on the site of 31A Parliament Street, to the satisfaction of the Senior Manager, Heritage Preservation Services;

ix.  the owner of 31R Parliament Street, 370 and 370R Cherry Street agrees to enter discussions with City Planning to revise the Section 37 Agreement, as amended for the Distillery District to delineate the publicly accessible open spaces;

x.  with respect to the area within the development contemplated to be adjacent to and to facilitate future installation by the City of a pedestrian walkway under the rail corridor to the south, the Section 37 Agreement shall reflect the requirement that the view from within the subject lands south to the entrance of the pedestrian underpass from the north side of Trinity Square shall not be obstructed by permanent structures to the satisfaction of the Chief Planner and Executive Director, City Planning;

xi.  the Section 37 Agreement will reference the requirement that, as part of its site plan application, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall prepare a revised Pedestrian Wind Impact Study to be submitted and reviewed to the satisfaction of the Chief Planner and Executive Director, City Planning, with any recommended mitigation measures to be implemented through the site plan approval process; and

xii.  the owner of 31R Parliament Street, 370 and 370R Cherry Street will construct the underground garage beneath the Ribbon Building and any required crash wall for the Ribbon Building in conjunction with the garage and crash wall for the tower proposed at 31R Parliament Street;  the design and materiality of the crash wall facing north shall be subject to approval by the Director, Community Planning, Toronto and East York District during the site plan application process; in addition, the owner will use commercially reasonable efforts to lease and finance the Ribbon Building such that it can be constructed in conjunction with the tower proposed at 31R Parliament Street; and if the owner can achieve a 60 percent leasing threshold and secure financing, the owner agrees to construct the Ribbon Building in conjunction with the tower proposed at 31R Parliament Street.

2.  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 to the report (January 25, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal respecting the Zoning By-law Amendment appeal for 500 Dupont Street in support of the minor revisions made to the proposed development, as reflected in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor .

2.  City Council authorize the City Solicitor and City Staff to include the revised residential unit count, height and vehicular parking spaces in the draft Zoning By-law in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor to be submitted to the Local Planning Appeal Tribunal, with the final form to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.  City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachment 2 to the report (January 25, 2021) 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 (January 25, 2021) 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 (January 25, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council endorse the terms of settlement for the appeals of the Governing Council of the University of Toronto, the Toronto Catholic District School Board, Ryerson University, Sinai Health System, St. Michael's Hospital, and University Health Network (the "Institutional Appeals") set out in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve Official Plan Amendment 352 in order to implement the settlement of the Institutional Appeals in accordance with Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor.

3.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve the Amending By-laws in accordance with the approach described in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor, with the form of the Amending By-laws to be finalized to the satisfaction of the Chief Planner and the City Solicitor.

4.  City Council authorize the City Solicitor to advance such stylistic and technical changes to the Amending By-laws as may be required at the Local Planning Appeal Tribunal.

5.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision.

Confidential Attachment 2 to the report (January 25, 2021) 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 (January 25, 2021) 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 and litigation privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor.

3.  City direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the without prejudice offer to settle site specific Appeal PL140860 (with respect to 6 Lloyd Avenue) to Official Plan Amendment 231 dated January 22, 2021 set out in Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Local Planning Appeal Tribunal in support of the settlement.

Confidential Attachment 2 to the report (January 26, 2021) 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 (January 26, 2021) 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 February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal to advise that City Council supports a modified Official Plan Amendment 362 related to the Dufferin Wilson Regeneration Study attached as Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor.

Confidential Appendix 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2, and Confidential Appendix 1 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Revised Settlement Offer as set out in Confidential Attachment 2 and Confidential Appendix 1 the report (January 25, 2021) from the City Solicitor and City Council authorize the City Solicitor, together with appropriate City staff to attend at the Local Planning Appeal Tribunal hearing in support of the Revised Proposal.

2.  Should the Local Planning Appeal Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as:

a.  the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor;

b.  the owner addresses all outstanding comments outlined in Part I – Zoning By-law Amendment Application – in the memorandum from the Manager, Development Engineering, Engineering and Construction Services, dated December 21, 2017;

c.  the owner pays for and constructs any improvements to the municipal infrastructure in connection with the 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 this development;

d.  the owner has entered into an Agreement with the City pursuant to Section 37 of the Planning Act as follows:

i.  prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,015.000.00 to be directed towards the provision of community services and facilities, parkland improvements and/or public realm improvements in the vicinity of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  the cash contributions referred to in Part 2.d.i. above shall be increased upwards by indexing in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made to the City;

iii.  in the event the cash contributions referred to in Part 2.d.i. 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 contributions 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 10; and

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

A.  prior to the commencement of any demolition, shoring or excavation work, the owner agrees to submit, and thereafter implement, a construction management plan to address such matters as 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 Ward Councillor;

e.  the owner has entered into a Heritage Easement Agreement with the City for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, substantially in accordance with plans and drawings prepared by prepared by KFA Architects and Planners Inc. dated March 13, 2020, and the Heritage Impact Assessment prepared by GBCA Architects dated February 28, 2020, subject to and in accordance with the approved Conservation Plan required in Part 2.f. below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

f.  the owner has provided 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 the Lands dated February 28, 2020, to the satisfaction of the Senior Manager, Heritage Planning; and

g.  the owner has withdrawn their appeal(s) of the King-Spadina Heritage Conservation District Plan, 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.

3.  City Council direct that prior to Final Site Plan approval for the Lands, or any part of the Lands, the owner shall:

a.  provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 2.f. above to the satisfaction of the Senior Manager, Heritage Planning;

b.  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 Planning; and

c.  provide a Heritage Lighting Plan that describes how the buildings on the subject 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 Planning.

4.  City Council direct that prior to the issuance of any permit for all, or any part of the Lands, 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 Planning, the owner shall:

a.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.f. 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; and

b.  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, Heritage Lighting Plan and Interpretation Plan.

5.  City Council direct that prior to the release of the Letter of Credit required in Part 4.b. above, the owner shall:

a.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans 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.

Confidential Attachment 2 and Confidential Appendix 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in support of the Revised Proposed.

2.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows:

a.  a cash contribution of a minimum of $14,750,000.00 to be allocated equally between capital improvements for new or existing affordable housing, cultural or recreational facilities in Ward 13, local area streetscape capital improvements, and local area park capital improvements as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, should the proposal be approved in some form by the Local Planning Appeal Tribunal;

b.  the amount of the cash contribution in Part 2.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and

c.  in the event that the cash contribution in Part 2.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 the vicinity of the Site.

3.  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.

4.  City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Local Planning Appeal Tribunal:

a.  the owner shall provide an on-site parkland dedication of 238 square metres, in satisfaction of the Section 42 requirements of the Planning Act; the parkland will be conveyed to the City prior to the issuance of the first above grade building permit to the satisfaction of the City Solicitor; and base park improvements are to be constructed within one year of the issuance of an above grade building permit, and above-base park improvements will be provided as a credit against the Parks and Recreation component of the development charges applicable to the site;

b.  the owner shall provide a minimum of 8,282 square metres of gross floor area within the development for the purposes of on-site office space replacement; the owner also agrees to provisions within the site-specific by-laws for the potential further provision of office space for a total of 14,554 square metres of office gross floor area on the site;

c.  the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate;

d.  the owner submit an updated  Noise and Vibration Study, Wind Study, Parking and Traffic Impact Study, Landscape Plan, and other studies or reports as may be required through the Site Plan approval process for the Site and implement any required revisions or mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  the owner will secure matters such as materiality, articulation and design of the proposed building, as well as site design, landscape and streetscape treatment through the Site Plan approval process; and

g.  the owner shall develop an interpretation/commemoration plan for the existing building on site, to be implemented as part of the Site Plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on 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 Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity and Storm Water Management Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

e.  the owner has submitted a revised Transportation Impact Study and Parking Supply Justification acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

f.  the owner has submitted a revised Pedestrian Level Wind Study, acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

g.  the owner has submitted a revised Energy Strategy Report acceptable to, and to the satisfaction of, the Manager, Energy Efficiency Office, Environment and Energy;

h.  the owner has revised all plans and reports to show the location of Toronto Transit Commission infrastructure adjacent to the development site and ensure that a 3 metre clearance is maintained between the proposed development, including all below grade and above grade structures, to all Toronto Transit Commission infrastructure, all to the satisfaction of the Manager, Technical Review, Toronto Transit Commission and the Chief Planner and Executive Director, City Planning;

i.  the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters described in Part 3 above as matters agreed to and/or required in support of the development of the Site;

j.  the owner has withdrawn their appeal of Official Plan Amendment 183 – North Downtown Yonge Site and Area Specific Policy 382 as it relates to the Site;

k.  the owner has withdrawn their appeal of Official Plan Amendment 231 with respect to office replacement policies as it relates to the Site; and

l.  the owner has withdrawn their appeal of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 with respect to Tall Building Setbacks as they relate to the Site.

6.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachment 2 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor.

3.  City Council authorize the public release of Confidential Attachments 2 and 3 to the report (January 26, 2021) from the City Solicitor.

4.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated January 25, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) from the City Solicitor, subject to Parts 2 to 5 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 proposal as set out in the Settlement Offer dated January 25, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) from the City Solicitor.

3.  City Council accept cash-in-lieu of parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

4.  City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act to secure a privately-owned publicly accessible space provided and maintained by owner, at the owner's expense, located along the western edge of the subject site abutting the Duplex Parkette and having a width of not less than 3 metres and an area of not less than 112.2 square metres as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential 3 to the report (January 26, 2021) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; the privately-owned publicly accessible space is intended to be accessible to the public and landscaped to compliment the abutting Duplex Parkette, including through the use of appropriate signage, tree and shrub plantings, and bench seating; any infrastructure associated with the previous gas station use, including but not limited to vent pipes, air intake, and air exhaust, located within the privately-owned publicly accessible space and/or adjacent Duplex Parkette lands shall be removed; any air intake or exhaust proposed as a component of the development located within the privately-owned publicly accessible space shall be appropriately screened and have their visual impact minimized through the design of the privately-owned publicly accessible space; underground parking serving the development on the subject site will be permitted to encroach under the privately-owned publicly accessible space; and the specific location, configuration, and design of the privately-owned publicly accessible space shall be determined in the context of an application for Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that:

a.  the proposed zoning by-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 4 above, all to the satisfaction of the City Solicitor;

c.  all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d.  the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

e.  the Applicant has provide satisfactory drawings and maneuvering diagrams showing the appropriate design, location, configuration, dimensions and function of the vehicular loading space, ramps, drive aisles, and parking spaces associated with the proposed development all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; all vehicular ramps proposed as part of the development shall have a minimum width of 6 metres.

Confidential Attachments 2 and 3 to the report (January 26, 2021) 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 (January 26, 2021) 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 subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor will be made at the discretion of the City Solicitor. 

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailão.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Ana Bailão, and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailao, were adopted by City Council and are now public, as follows:

1.  Council accept the with prejudice offer to settle site specific Appeal 134 to OPA 231 with respect to the lands designated Employment Areas within the Downsview Area Secondary Plan area (the "Lands") dated January 22, 2021, as set out in Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor, subject to Housing Policy 27 in Confidential Attachment 2 being amended by adding the words "including through future policy, regulatory and program changes" and City Council direct the City Solicitor and other staff to attend the Local Planning Appeal Tribunal in support of the settlement.

4.  City Council direct and delegate authority to the General Manager, Parks, Forestry and Recreation to take all necessary steps and apply for and receive any newly announced government grant or stimulus programs that could result in advancing the design and construction of a Downsview community recreation centre, including entering into any necessary agreements with landowners and other interested parties, that would support advancing the community recreation centre project without impacting projects included in the Staff Recommended 2021-2030 Capital Plan.

 
5.  City Council request the Chief Planner and Executive Director, City Planning to continue to ensure that community and stakeholder engagement continue to be inclusive and that various virtual methods, such as town halls, working groups, workshops and other techniques be applied with respect to engagement; in-person engagement should also be arranged and held upon the Medical Officer of Health deeming it safe to do so.   

 
6.  City Council request the Chief Planner and Executive Director, City Planning to apply the concept of a "15-minute City" while undertaking the review of the Downsview Area Secondary Plan to achieve complete and transit-oriented communities.

 
7.  City Council request the Chief Planner and Executive Director, City Planning to prioritize the principle of connecting the existing communities with the planned new communities through the use of multiple means, such as trails, bike lanes, linear parks, pedestrian crossways and others appropriate approaches.

 
8.  City Council request the Chief Planner and Executive Director, City Planning, the General Manager,  Parks, Forestry and Recreation, and the General Manager, Transportation Services, as part of the development of a revised Downsview Area Secondary Plan, to prioritize the connection of the Downsview National Urban Park with the Allen West community through an integrated and expanded park network and active transportation corridors that allow for safe and direct pedestrian and cyclist travel between the Allen West community and Downsview Park.

 
9.  City Council request the Chief Planner and Executive Director, City Planning to consider opportunities to celebrate the site's varied history through the adaptive reuse of identified features, such as existing buildings, the runway, or others as part of Policy 15.e in preparation of the Public Realm Structure Plan.

Confidential Attachment 2 to the report (January 26, 2021) 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 (January 26, 2021) 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 February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor as amended by motion 1 by Councillor Joe Cressy.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Joe Cressy, and Confidential Appendix A to the report (January 26, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy, were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer from the applicant's solicitor as set out in the letter dated October 19, 2020, regarding a proposed development at 351 to 369 Lake Shore Boulevard East, attached as Confidential Appendix A to the report (January 26, 2021) from the City Solicitor, as modified by Part 2 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing in support of amendments to the Central Waterfront Secondary Plan and the applicable Zoning By-law relating to 351 and 369 Lake Shore Boulevard East, as generally shown in the architectural plans dated October 6, 2020, as included in Confidential Appendix A to the report (January 26, 2021) from the City Solicitor, subject to the following:

a.  the Central Waterfront Secondary Plan and the Zoning By-law for 351 and 369 Lake Shore Boulevard East be amended to secure the following:

i.  a minimum of 10 percent of the total residential units within each phase of development shall be three-bedroom units and a minimum of 15 percent shall be two-bedroom units;

ii.  the owner shall provide for the equivalent of 20 percent of all residential gross floor area as affordable rental housing through the provision of dwelling units, delivered in accordance with the following:

A.  the provision and maintenance on the lot of not less than 6.5 percent of the total amount of residential gross floor area of the development as affordable rental housing and maintained with affordable rents for a term of not less than 99 years; or

B.  the provision and maintenance on the lot of not less than 6.5 percent of the residential gross floor area for either the North Block and South Block, or the Central Block and South Block as affordable rental housing and maintained with affordable rents for a term of not less than 99 years, plus 10 percent of the residential gross floor area for the remaining block being either the North Block or Central Block as rental housing for a term of not less than 25 years and maintained with affordable rents for a term of not less than 15 years;

iii  the affordable rental housing units shall be provided on a timely basis at least commensurate with the rate of construction of the residential gross floor area that is not affordable rental housing, however, were the required affordable rental housing is provided in an earlier phase of the development, the owner may be required to provide affordable rental housing units in a later phase of the development in the event the total percentage of affordable rental housing required for the development has not been achieved; and

iv.  permit tower heights of 151 metres, 130 metres, and 70 metres, and a maximum combined non-residential gross floor area and residential gross floor area of 125,000 square metres, and a maximum residential gross floor area of 92,905 square metres.

b.  prior to the issuance of the final Order from the Local Planning Appeal Tribunal:

i.  the amendments to the Central Waterfront Secondary Plan reflecting the foregoing shall be finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

ii.  the amendments to the applicable Zoning By-law reflecting the foregoing shall be finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

iii.  the owner and the City shall enter into and register on title to the subject lands a Section 37 agreement to the satisfaction of the City Solicitor to secure the following community benefits:

A.  the affordable rental housing units shall be provided on a timely basis at least commensurate with the rate of construction of the residential gross floor area that is not affordable rental housing, however, where the required affordable rental housing is provided in an earlier phase of the development, the owner may be required to provide affordable rental housing units in a later phase of the development in the event the total percentage of affordable rental housing required for the development has not been achieved;

B.  a public art contribution at the value of 1 percent of the gross construction costs of any buildings to be erected on the lot, with 40 percent of that contribution to be directed toward a pooled fund to be managed by Waterfront Toronto;

C.  a payment of $1,500,000 to be used toward the capital costs of off-site daycare facilities within the Keating Channel West Precinct;

D.  heritage conservation, include a detailed Conservation Plan, detailed Stabilization Plan, the entering of a Heritage Easement Agreement, and other matters, as appropriate, to the satisfaction of the Senior Manager, Heritage Planning;

E.  the conveyance of  a 2 metre wide pedestrian easement along the southerly boundary of the Central block, should the City request such an easement at the time of Site Plan approval; and

F.  as a matter of legal convenience, various matters to be addressed through Site Plan Approval;

c.  City Council require the that parkland dedication requirements for the development be satisfied through the  conveyance of land for the waterfront promenade and/or payment of cash-in-lieu of parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

d.  City Council require that City staff secure, by way of a future subdivision application and / or Site Plan Application, a 2 metre wide road widening conveyance along the north frontage of Queens Quay East, and a 1 metre wide road widening conveyance along the south frontage of Queens Quay East, in order to ensure that Trinity Street has a right-of-way width of 25 metres north of Queens Quay East and 23 metres south of Queens Quay East.

Confidential Appendix A to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2021) 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 (January 27, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council direct the City Solicitor and other Staff to attend at the Local Planning Appeal Tribunal in support of the proposed revised policies to the Garden District Heritage Conservation District Plan as set out in and substantially in accordance with Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) from the City Solicitor.

2.  City Council direct the City Solicitor to continue negotiations with other appellants to the Garden District Heritage Conservation District Plan appeal in an effort to resolve all outstanding issues under appeal, to make minor amendments to the proposed revised policies, and to take all necessary steps to bring resolution to the entire matter, in consultation with the Chief Planner and Executive Director, City Planning.

Confidential Attachments 2, 3 and 4 to the report (January 27, 2021) 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 (January 27, 2021) 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 February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2021) 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 (January 27, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer of the appellant and City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the Settlement Offer, the terms of which the Owner has agreed are set out in Item 2019.NY8.1, adopted by City Council on October 2 and 3, 2019.

The balance of Confidential Attachment 1 to the report (January 27, 2021) 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 February 2, 3 and 5, 2021, adopted the following:

1. City Council receive the report (January 27, 2021) from the Chief People Officer and the Acting Chief, Toronto Paramedic Services for information.

City Council on February 2, 3 and 5, 2021, deferred consideration of Item CC28.15 to the Special City Council meeting on March 10, 2021.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council increase the Staff Recommended 2021 Operating Budget for Non-Program, subsequent to its approval, on a one-time basis by $1,200,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 55-61 Charles Street East (Source Account: XR3026-3701046) for the development of the Dixon Hall Youth Centre located in Regent Park at 51 Wyatt Avenue (Cost Centre: NP2161).

 
2.  City Council direct that the $1,200,000.00 be forwarded to the Dixon Hall Youth Centre upon the signing of an Undertaking by the Dixon Hall Youth Centre to govern the use of the funds and the financial reporting requirements.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council authorize the City Clerk to enter into an agreement with the Urban Alliance on Race Relations to receive funding in 2021 for up to 30 Councillor Aide positions in Council Member offices.

2.  City Council request the Executive Director, Social Development, Finance and Administration, in consultation with the City Clerk, to report before the end of the third quarter of 2021 on an enhanced workforce development model for the Youth Fellowship program for full implementation in 2022.

City Council on February 2, 3 and 5, 2021, adopted the following:

1. City Council request Bike Share Toronto, the Toronto Parking Authority and direct the General Manager, Transportation Services to:  

a. with the approval of the local Councillor, investigate and coordinate the relocation of the Bike Share Station located at 128 Sheridan Avenue, including but not limited to the City property adjacent to the northern portion of the property, on an expedited basis to a location that will continue providing convenient service to the immediate community; and

b. report back to Toronto and East York Community Council for its meeting on April 21, 2021 with an update on this direction's progress should the relocation not be completed by that time.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture, to amend the 2015 Licence Agreement and the 2020 Licence Agreement Extension with the non-profit theatre company Canadian Stage Corporation to facilitate the implementation of Canadian Stage's proposal for a revised program at the amphitheatre in High Park, including an extension of the season from May-September to April-October, including the ability to charge an admission fee for up to 50 percent of the seating capacity and including any other changes deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, all subject to the final approval of the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Government of Ontario to work with the Attorney General to suspend and immediately order a comprehensive moratorium on residential evictions and to stop the processing of applications, notices, hearings and enforcement of evictions to prevent further homelessness.

2.  City Council request the Government of Ontario to immediately establish a Province-wide residential emergency rent subsidy to prevent tenants from falling into homelessness.

3.  City Council request the Government of Ontario to take the following actions to mitigate the rising number of homeless persons in Toronto:

a.  identify Provincially-owned space which could be made available for emergency homeless shelters this winter and, should City staff request these sites on a short-term basis, immediately provide them for this use;

b.  require municipal governments receiving Community Homelessness Prevention Initiative funding to build new shelters that provide sufficient capacity to accommodate their local homeless populations;

c.  immediately expand funding to create new supportive housing units in the City of Toronto to transition people experiencing homelessness from shelters to permanent housing;

d.  create a specific funding stream for shelter services in Toronto that is responsive to sudden increases in demand for services and in recognition that many people from underserved municipalities are accessing Toronto's emergency shelter system; and

e.  provide equal rent scales for Ontario Works/Ontario Disability Support Program recipients regardless of what type of housing they reside in.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council appoint Councillor Nick Mantas to the following committee and board for a term of office ending November 14, 2022, and until a successor is appointed:

a.  General Government and Licensing Committee; and

b.  the Greater Toronto Area Agricultural Action Committee (GTA AAC).

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council urge the Federal and Provincial Governments to consider promoting and supporting improvements to indoor ventilation and heating, ventilation, and air conditioning (HVAC) systems to reduce the aerosol transmission of COVID-19 and possible future viruses by:

a.  immediately implementing the recommendations in an open letter from 363 Canadian experts sent to the Prime Minister, Premiers and Chief Medical Officers of the Federal, Provincial and Territorial governments on January 4, 2021, notably:

1.  developing clear ventilation standards using existing evidence and best practices, particularly addressing multi-occupant public spaces and activities with a higher risk of aerosol transmission, and integrating those standards into safe reopening guidelines;

2.  mandating and funding ventilation assessments and upgrades of public institutions; and

3.  recommending portable equipment that has been confirmed for safety and effectiveness in reducing aerosols containing SARS-CoV-2 such as air filtration units in spaces where sufficient and effective ventilation is not possible otherwise;

b.  amending applicable legislative and regulatory requirements, including the Ontario Building Code, to set government-approved standards and requirements for improved indoor ventilation in the alteration and construction of buildings;

c.  mandating ventilation assessments of all publicly-accessible buildings;

d.  mandating upgrades to existing heating, ventilation, and air conditioning (HVAC) systems to meet ventilation standards required to reduce the risk of aerosol transmission of SARS-CoV-2; and

e.  providing interest-free loans or grants to owners and operators of businesses and institutions who enhance existing, or install improved, indoor ventilation to meet government-approved standards.

Motion MM28.8 was withdrawn at City Council on February 2, 3 and 5, 2021.

City Council on February 2, 3 and 5, 2021, deferred consideration of Motion MM28.9 to the Special City Council  meeting on March 10, 2021.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Medical Officer of Health, to develop a strategy to ensure individuals adhere to mask-wearing policies in congregate settings in multi-residential buildings, potentially including new education and enforcement measures.

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council authorize and direct the City Solicitor to seek party status in the appeal of the Committee of Adjustment's refusal of Application A0678/20TEY for 52 Wright Avenue and to attend the Toronto Local Appeal Body hearing, with appropriate City staff, in opposition to the proposal.

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 February 2, 3 and 5, 2021, adopted the following:

1.  City Council confirm and authorize the City Solicitor's objection to the Cannabis Retail Store Authorization application by Tuggs Incorporated (Tuggs) for the premises at 1681 Lake Shore Boulevard East (the "Premises") submitted to the Alcohol and Gaming Commission of Ontario on January 11, 2021, with the objection based on the grounds that the use of the Premises as a cannabis retail store is not permitted in the lease/licence agreement dated June 2, 2010 entered into between the City and Tuggs.

2.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that City Council objects to the application for the Cannabis Retail Store Authorization at the Premises and to forward this Item to the Alcohol and Gaming Commission of Ontario.

City Council on February 2, 3 and 5, 2021, 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 to 105 Pitfield Road (Files B0023/20SC, A0140/20SC, and A0141/20SC) to support the Committee of Adjustment's refusal of the applicant's proposed development and oppose the appeal.

2.  City Council authorize the City Solicitor to retain outside consultants as necessary.

3.  City Council authorize the City Solicitor to negotiate, if necessary, 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 February 2, 3 and 5, 2021, adopted the following:

1.  City Council request the Province of Ontario to:

a.  accelerate distributing the full dosage of available vaccines around the clock to all residents, caregivers and workers in long-term care homes and congregate care settings and address vaccine hesitancy amongst residents and workers;

b.  address the dangerous staffing shortages through stabilizing the workforce by offering more full-time employment opportunities, greater pay, heightened benefits, increased paid sick days and extending the $3 temporary wage increase for workers in both long-term care and institutional settings past the March 31, 2021 expiration date;

c.  develop and release clear, multilingual vaccination roll-out plans for older adults living at home and their caregivers and address vaccine hesitancy amongst older adults and caregivers;

d.  reverse the exemption provided to long-term care homes and congregate care settings from civil proceedings by amending the Supporting Ontario's Recovery Act, 2020;