Agenda

The Agenda and related materials for this meeting are enclosed.  The details of the meeting are noted at the top of the Agenda.

Notice to People Writing to Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City video records Council, committee and community council meetings. If you make a presentation to a committee or community council, the City will be video recording you and City staff may make the video record available to the public. If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-7032.

Closed Meeting Requirements:  If Council wants to meet in closed session (privately), a member of Council must make a motion to do so and give the reason why Council has to meet privately (City of Toronto Act, 2006).

March 22, 2019

toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

- O Canada

- Moment of Silence

- Declarations of Interest under the Municipal Conflict of Interest Act

City Council will confirm the Minutes from the regular meeting held on February 26, 2019 and the special meeting held on March 7, 2019.

Report of the Executive Committee from Meeting 3 on March 21, 2019

Submitted by Mayor John Tory, Chair

Report of the Audit Committee from Meeting 1 on February 22, 2019

Submitted by Councillor Holyday, Chair

Report of the Board of Health from Meeting 3 on February 25, 2019

Submitted by Councillor Joe Cressy, Chair

Report of the Civic Appointments Committee from Meeting 4 on March 20, 2019

Submitted by Deputy Mayor Denzil Minnan-Wong, Chair

Report of the Economic and Community Development Committee from Meeting 2 on March 6, 2019

Submitted by Councillor Michael Thompson, Chair

Report of the General Government and Licensing Committee from Meeting 2 on March 5, 2019

Submitted by Councillor Paul Ainslie, Chair

Report of the Infrastructure and Environment Committee from Meeting 2 on March 18, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Planning and Housing Committee from Meeting 3 on March 20, 2019

Submitted by Councillor Ana Bailão, Chair

Report of the Etobicoke York Community Council from Meeting 4 on March 19, 2019

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 4 on March 19, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Scarborough Community Council from Meeting 4 on March 19, 2019

Submitted by Councillor Jim Karygiannis, Chair

Report of the Toronto and East York Community Council from Meeting 4 on March 19, 2019

Submitted by Councillor Gord Perks, Chair

New Business submitted by City Officials

Members of Council may file petitions.

Various presentations and announcements will be made at the City Council meeting.

City Council will review the Order Paper.

The Executive Committee recommends that:

1.  City Council allocate $2,000,000 from the Capital Financing Reserve Fund XQ0011 to provide funding for additional staff and third-party advice and services required to support engagement with the Province, including one "Solicitor 3" Full Time Equivalent staff position ($134,395.81) on a one-year contract basis.

2.  City Council direct the City Manager to seek full cost-recovery from the Province for third-party services, City/Toronto Transit Commission staff-time, and any other resources employed arising from the City's participation in this engagement with the Province.

3.  City Council authorize the City Manager to, at the City Manager's discretion, release to the Province confidential information deemed within the scope of this Review and contained in confidential reports and attachments previously before Council and its Committees, subject to the Province entering into a confidentiality agreement for the release of the information and/or data.

4.  City Council forward the report (March 7, 2019) from the City Manager to the Toronto Transit Commission Board for its information.

5.  City Council request the Province of Ontario to release for public consideration the report to Ontario Cabinet from the Province's Special Advisor to Cabinet – Transit Upload.

The Executive Committee considered Items EX3.1 and EX3.12 together.

The Executive Committee requested the City Manager to report directly to City Council at its meeting on March 27 and 28, 2019 on the following:

a. the date of the first consultation meeting and timetable for future consultations;

b. a plan to advertise the consultations to the public to ensure maximum attendance and awareness;

c. the feasibility of providing updates through social media or emails to keep residents up to date on the issue; and

d. the feasibility of including a meeting with stakeholders in the consultation plan.

The Province of Ontario has proposed to "upload" the City's subway infrastructure. In December 2018, City Council considered item CC1.6 - Engagement with the Province on Toronto’s Transit System, and authorized the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission (TTC), to negotiate a joint Terms of Reference (ToR) to guide a discussion and information exchange process between the City and Province, subject to inclusion of the following:

- jointly agreed upon objectives which give consideration to the City's Guiding Principles (CC1.6 - Attachment 2);

- an evaluation of potential models and other policy options, including a comprehensive assessment of the potential risks, liabilities and implications; and

- the inclusion of a public consultation process which results in a meaningful exchange of concerns and/or opportunities raised in a transparent manner.

On February 12, 2019, a joint Terms of Reference between Toronto and Ontario was finalized that satisfies the conditions of Council identified in CC1.6 (see Attachment 1). In particular, the Terms of Reference outlines a process to evaluate a range of options. This includes options that do not contemplate a transfer of assets, but explore a realignment of responsibilities. In line with existing Council direction, City staff have begun engaging with the Province in accordance with the process described in the Terms of Reference.

This report responds to City Council's request for a report back in the first quarter of 2019, and includes details of the process (i.e. the Review), the range of options/models included in this Review, public consultation process, and identifies the required resources to complete the work.

This report was prepared in consultation with the Chief Executive Officer of the Toronto Transit Commission.

The Executive Committee recommends that:

1.  City Council establish the following Council Advisory Bodies for the term ending November 30, 2022 or until their mandate is completed within the 2018 to 2022 term:

a.  Aboriginal Affairs Advisory Committee;

b.  Film, Television and Digital Media Advisory Committee;

c.  Toronto Francophone Affairs Advisory Committee; and

d.  Toronto Music Advisory Committee.

2.  City Council approve the Terms of Reference attached in Attachments 1, 2, 3, and 4 to the report (March 7, 2019) from the City Manager for the Council Advisory Bodies in Recommendation 1 above, as amended by Recommendation 3 below.

3. City Council amend the composition of the Toronto Music Advisory Committee in Attachment 4 to the report (March 7, 2019) from the City Manager so that one of the City Council Member positions is the Chair of the Economic and Community Development Committee.

4.  City Council approve the amended Terms of Reference for the Toronto Accessibility Advisory Committee in Attachment 5 to the report (March 7, 2019) from the City Manager.

5.  City Council approve and direct that all meetings of Council Advisory Bodies be held in accordance with the Simplified Rules of Procedure for Advisory Bodies in Attachment 6 to the report (March 7, 2019) from the City Manager.

City Council may establish Council Advisory Bodies at any time during the Council term to provide advice and assist its decision-making. City Council must approve the Terms of Reference for Council Advisory Bodies. This report recommends the establishment of the following Council Advisory Bodies and approval of their Terms of Reference:

- Aboriginal Affairs Advisory Committee;
- Film, Television and Digital Media Advisory Committee;
- Toronto Francophone Affairs Advisory Committee; and
- Toronto Music Advisory Committee;

 
The Toronto Accessibility Advisory Committee is automatically established for each term of City Council as required under the Accessibility for Ontarians with Disabilities Act, 2005.

Similarly, the Toronto Preservation Board is established under Toronto Municipal Code Chapter 103, Heritage, and is established automatically for the 2018-2022 Council term.

This report also recommends that City Council direct that Council Advisory Bodies follow the Simplified Rules of Procedure for Advisory Bodies contained in Attachment 6. The attached Simplified Rules of Procedure reflect the principles and procedures contained in Chapter 27, Council Procedures.

The Executive Committee recommends that:

1.  City Council approve the establishment of an obligatory reserve fund called the "Cross-Boundary Water and Sewage Servicing Reserve Fund" in Appendix C, Schedule 15, Third Party Obligatory Reserve Funds, of Municipal Code Chapter 227, Reserves and Reserve Funds, the purpose of which is to receive contributions from property owners to pay for development site water and sewage servicing by Toronto Water external to the City's boundaries, and in accordance with agreements negotiated between the owners of the respective properties, the regional municipalities outside of the Toronto and the City of Toronto, with criteria as set out in Appendix 1 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer.

2.  City Council approve the establishment of a discretionary reserve fund account called the "Toronto 360 Wayfinding Reserve Fund" in Appendix B, Schedule 7, Corporate Discretionary Reserve Funds, of Municipal Code Chapter 227, Reserves and Reserve Funds, the purpose of which will be to hold and distribute funds for wayfinding planning, design, and implementation projects, and for wayfinding asset maintenance and replacement, with criteria as set out in Appendix 2 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer.

3.  City Council approve the establishment of a discretionary reserve fund account called the "Ontario Cannabis Legalization Reserve Fund" in Appendix C, Schedule 15, Third Party Obligatory Reserve Funds, of Municipal Code Chapter 227,  Reserves and Reserve Funds, the purpose of which will be to hold and distribute funds received from Provincial government for the implementation costs of recreational cannabis legalization, with criteria as set out in Appendix 3 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer.

4.  City Council amend the Criteria Sheets for the following Reserve Funds:

a.  Commodity Price Reserve Fund account, as provided in Appendix 4 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer, reflecting a revised withdrawal policy;

b.  Green Lane Reserve Fund account, as provided in Appendix 5 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer, reflecting a revised contribution policy;

c.  Green Lane Perpetual Care Reserve Fund account, as provided in Appendix 6 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer, reflecting a revised contribution policy;

d.  Waste Management Reserve Fund account, as provided in Appendix 7 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer, reflecting a revised purpose and withdrawal policy; and

e. Transform TO Initiatives Reserve Fund, as provided in Appendix 8 to the report (March 6, 2019) from the Chief Financial Officer and Treasurer, reflecting a revised purpose.

5.  City Council authorize the necessary amendments to Municipal Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 to 4 above and direct the City Solicitor to introduce any necessary bills to give effect to City Council's decision.

This report, prepared annually by Corporate Finance Division, seeks Council approval to implement a number of amendments to City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds ("Chapter 227"). These amendments include the establishment of new Reserve Funds as well as making any changes to the purpose and/or contribution and withdrawal policies of existing reserve funds, as required by various Programs.

The Executive Committee recommends that:  

1.  City Council authorize the City to accept the Letter of Intent from Magellan Community Charities and to enter into a lease (the "Lease") for the portion of 640 Lansdowne Avenue (being Parts 1, 2 and 4 in Appendix A to the report (March 12, 2019) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services) substantially on the terms and conditions outlined in Appendix B to the report (March 12, 2019) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services, and on such other or amended terms and conditions acceptable to the Deputy City Manager, Corporate Services, or designate, and in a form satisfactory to the City Solicitor.

 
2.  Council authorize the Deputy City Manager, Corporate Services to approve the lease, transfer or other form of property transaction with respect to the balance of the 640 Lansdowne Avenue site (being Part 3 on Appendix A to the report (March 12, 2019) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services), on terms and conditions satisfactory to the Deputy City Manager, Corporate Services, in consultation with the local Councillor, and to engage in discussions with Magellan to identify opportunities for it to participate in the development of the remainder of the site, provided that Magellan Community Charities presents a proposal that is complementary to the affordable housing and long-term care uses on the designated Mixed Use portion of the site, and meets the development objectives articulated by the community.

 
3.  City Council authorize the City to enter into such ancillary agreements with Magellan Community Charities, for nominal consideration, as may be necessary to enable construction on Parts 1, 2 and 4 (see Appendix A to the report (March 12, 2019) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services) (such as a tie-back or crane swing agreement) on such terms as may be acceptable to the Deputy City Manager, Corporate Services, or designate and in a form satisfactory to the City Solicitor.

 
4.  City Council authorize the Deputy City Manager, Corporate Services, or designate, to administer and manage the Lease, including the provision of any amendments, assignments, consents, approvals, waivers, notices and notices of termination, provided that the Deputy City Manager, Corporate Services may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

 
5.  City Council consider the Lease to be in the interests of the City.

 
6.  City Council authorize the Director, Affordable Housing Office, to offer the Open Door incentives for the affordable rental housing component of the development for up to 65 homes to be developed at 640 Lansdowne Avenue.

 
7.  City Council authorize an exemption from taxation for municipal and school purposes for up to 65 affordable rental housing units to be developed at 640 Lansdowne Avenue for the term of the municipal capital facility agreement, being 99 years.

 
8.  City Council authorize that the affordable rental housing component of the development be exempt from the payment of development charges and that all planning, building permit and parkland dedication fees be waived.

 
9.  City Council authorize the Director, Affordable Housing Office, to negotiate and execute, on behalf of the City, a municipal housing facility agreement (the City's "Contribution Agreement") with Magellan Community Housing, or such other corporation related to Magellan Community Housing, formed to operate the affordable rental housing, to secure the financial assistance, being provided and to set out the terms of the development and operation of the up to 65 new affordable rental homes on terms and conditions satisfactory to the Director, Affordable Housing Office and in a form satisfactory to the City Solicitor.

 
10.  City Council authorize severally each of the Director, Affordable Housing Office and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents required by Magellan Community Housing or its related not for profit corporation operating the affordable housing units to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council.

 
11.  City Council authorize severally each of the Director, Affordable Housing Office and the General Manager, Shelter, Support and Housing Administration to provide any consent necessary, pursuant to the Contribution Agreement to assign the Contribution Agreement and to negotiate and enter into any agreements or other documents required to effect such assignment on terms and conditions satisfactory to them and in a form satisfactory to the City Solicitor. 

 
12.  City Council request the Director, Affordable Housing Office to support Magellan Community Housing or a related corporation's request for funding, from the National Housing Co-Investment Fund, including confirming availability of City incentives, as well as liaising with Canada Mortgage and Housing Corporation to facilitate the approval of funding for the new affordable housing project proposed at the site.

 
13.  City Council authorize the Director, Affordable Housing Office to designate the affordable rental component of the property as alternative housing for the purpose of allowing all or part of the property relief from normal parking standards.

 
14.  City Council authorize the Director, Affordable Housing Office and any other member of staff of whom it is requested, to enter into a non-disclosure or similar agreement with the Province of Ontario or federal government to allow  information with respect to the project at 640 Lansdowne Avenue to be provided to City staff.

The number of people in Toronto aged 65 and over is expected to almost double by 2041. This growing population of seniors will spur a demand for more affordable housing as well as long-term care homes to be developed specifically to address the evolving needs of seniors in our city.

In recognition of the growing urgency to provide both affordable rental and long-term care homes for seniors, at its meeting on May 22, 23 and 24, 2018, City Council requested the Director, Affordable Housing Office, in consultation with CreateTO, to include the opportunity for development of long-term care beds within the affordable housing development planned for a portion of the Toronto Transit Commission property at 640 Lansdowne Avenue.

On August 2, 2018, CreateTO, on behalf of the Affordable Housing Office, issued a Request for Proposals ("RFP") for Developing and Operating Affordable Housing Services at 640 Lansdowne Avenue. The Request for Proposals offered the one-third, Mixed Use designated portion of the site under a lease arrangement for 99 years at nominal rent to stimulate development of the site and ensure long-term affordability for seniors. The Request for Proposals closed on September 6, 2018 and four submissions were received. 

Since September 2018, CreateTO and City staff have been in discussions with Magellan Community Charities, the proposed proponent, and this report recommends that the City enter into a Letter of Intent ("LOI"), outlining the terms and conditions of the lease and the City's Open Door incentives being provided for the up to 65 affordable rental homes being proposed.

The balance of the 640 Lansdowne Avenue site is zoned as Employment Lands and the development of the whole site will make the most of public investment in transit infrastructure in line with City Council direction in report EX33.1 Implementation of the SmartTrack Stations Program and the Metrolinx Regional Express Rail Program adopted by City Council on April 24, 25, 26 and 27, 2018.

The Executive Committee recommends that: 

1.  City Council delegate authority to the City Clerk to designate an event of municipal significance and/or issue a letter of non-objection to the Alcohol and Gaming Commission of Ontario for requests for Special Occasion Permits and Temporary Extension of Liquor Licences that meet the criteria set out in Appendix 1 to the report (March 7, 2019) from the City Clerk, including consultation with the Ward Councillor, effective immediately.

The purpose of this report is to make permanent the temporary delegation of authority to the City Clerk during the recent election recess to write to the Alcohol and Gaming Commission of Ontario to endorse events for temporary liquor licences to fulfill the requirements for Special Occasion Permits and Temporary Extension of Liquor Licences, providing the events meet the criteria outlined.

The Executive Committee recommends that:  

1.  City Council approve the City of Toronto's participation in Toronto Global for the period beginning April 1, 2019 and ending March 31, 2024 subject to the execution of a five year funding agreement with Toronto Global (the "Funding Agreement") subject to the following:

a.  partner municipalities and regions also enter into the five-year Funding Agreement with Toronto Global;

b.  the City's contribution amount in 2019 be $890,412, with annual increases of 2 percent beginning in 2020, but only if the same proportional increases are agreed to by the partner municipalities as part of the Funding Agreement;

c.  the Province of Ontario and the Government of Canada committing to enter into funding agreements with Toronto Global for five years;

d.  the Funding Agreement is to include the requirement for Toronto Global to develop a five-year strategic plan within six months of signing the agreement that is to the satisfaction of the General Manager, Economic Development and Culture;

e.  that the Funding Agreement and/or by-laws of Toronto Global, as appropriate and to the satisfaction of the City Manager and the City Solicitor, require:

1.  public meetings of the Board of Directors and its committees;

2.  public annual reporting on key performance indicators and the expenditures of directors, officers and other senior staff related to business travel, conferences and training, hospitality and protocol; and

3.  a right of access to information in accordance with the principles outlined in section 1 of the Municipal Freedom of Information and Protection of Privacy Act;

f.  City Council approve annual funding as part of the annual budget approval process; and 

g.  the Funding Agreement includes an exit clause with reasonable notice to all partners.

2.  City Council authorize the General Manager, Economic Development and Culture to negotiate and execute the Funding Agreement with Toronto Global in accordance with terms outlined in Recommendation 1 above and in a form satisfactory to the City Manager, the City Solicitor and the Chief Financial Officer and Treasurer.

Toronto Global is a pan-regional foreign direct investment attraction organization that represents Halton, Mississauga, Brampton, Toronto, York and Durham (collectively the "Toronto Region"). All regions provide annual funding based proportionally by population along with provincial and federal government support. Toronto Global seeks a new five-year commitment with municipal partners as well as with the provincial and federal governments.

Staff recommend renewing the City's commitment to Toronto Global if the provincial and federal governments also commit. In the last three years, Toronto Global has made significant progress. With over 1,700 active opportunities in the sales funnel, it is in the best interest of all partners to continue the momentum of Toronto Global and commit to a multi-year agreement.

The Executive Committee recommends that:

1.  City Council approve the Financial By-law and the Borrowing and Investing of Money By-law in Appendices A and B to the report (February 4, 2019) from the Chief Executive Officer, Exhibition Place.

This report recommends the enactment of the Financial By-law 2-18 and Borrowing and Investing of Money By-law 3-18 and that the by-laws be submitted to City Council for approval.

The Executive Committee recommends that:

1.  City Council receive the 2017 Annual Statistical Report of the Toronto Police Service for information.

At a meeting held on November 22, 2018, the Toronto Police Services Board was in receipt of a report dated October 24, 2018 from Chief of Police Mark Saunders containing the 2017 Annual Statistical Report for the Toronto Police Service ("Service").

The Executive Committee recommends that:

1.  City Council approve a loan in the sum of $5.0 million to the Toronto Zoo Board, to finance the award of the contract for a Lumina experience produced by Moment Factory Inc., with interest at a fixed rate equal to the City’s cost of borrowing, with principal and interest repayable over a 36 month period, subject to the loan being guaranteed by the Toronto Zoo Foundation, and authorize the Chief Financial Officer and Treasurer to enter into any necessary loan and ancillary agreements upon such terms acceptable to the Chief Financial Officer and Treasurer in consultation with the City Solicitor.

This report recommends approval of a loan of $5.0 million to the Toronto Zoo to finance the installation of a special exhibit Lumina experience at the Toronto Zoo for an opening in December 2019.

The Executive Committee forwards the item to City Council without recommendations.

The Executive Committee considered Items EX3.1 and EX3.12 together.

City Council on February 26, 2019, referred Motion MM3.10 to the Executive Committee.

At its meeting of December 4, 5 and 13, 2018, City Council reaffirmed its position that the Toronto Transit Commission should stay in Toronto's hands. It did not specifically speak to the question of separating the subway from its surface route feeder lines. As outlined in the subway upload Terms of Reference, negotiations with the Province regarding the future of our transit system is being done at a staff-to-staff level, with little opportunity for public involvement. This risks leaving Toronto residents in the dark about its most important asset.

While staff-led negotiations continue, Premier Doug Ford's government has already begun efforts to frame the narrative, claiming that they are taking Toronto's subway in order get new transit built. Every day we see public statements from Provincial Cabinet Ministers and Members of Provincial Parliament outlining their rationale for uploading Toronto's subway system. 

The City of Toronto must also articulate the risks of a potential upload.

Torontonians deserve to know the truth - that nothing is actually stopping the Province from building transit in Toronto right now. Uploading the existing subway does not affect the Ford government's ability to construct and own new lines or extensions. In fact, the Province is currently building, and will own, the Eglinton Crosstown.

The public should be aware that because the Province of Ontario contributes less, per transit rider, to the Toronto Transit Commission than any other state/regional government in North America or Europe, they have had to pay a larger share, through the fare box, than in any other comparable system.

Torontonians should also know that with Toronto's subway, the Province would gain control of lucrative air rights above stations and adjacent properties, owned and paid for by Torontonians.

"The better way" would be for the Toronto Transit Commission to utilize these public assets to invest in fact-based transit plans and work with City planners and communities to build much-needed public amenities for Toronto residents, including affordable housing, childcare, and recreation space; and, to have a partner in Queen's Park that invests in Toronto, rather than one that sells the value of our subway to spend elsewhere.

The Toronto Transit Commission is a complex network involving four rapid transit lines, 570 bus routes, 10 streetcar routes, and 570 million annual riders. It is an integrated network and Torontonians deserve to know what the implications would be if one of the components were removed from City ownership and control.

It would be preferable for every order of government to work cooperatively to improve transit for residents. In response to a unilateral announcement and messaging campaign by Premier Ford's government about its intention to upload Toronto's subway (along with its land and air rights), it is necessary to provide the public with factual information about the consequences of such a move.

The Audit Committee recommends that:

1.  City Council acknowledge the importance of timely and forthcoming information from City Divisions, Agencies, and Corporations, including the Toronto Transit Commission, to support the work of the Auditor General, and encourage the Auditor General to report to the Audit Committee any instances of delay.

2. City Council receive the report (February 6, 2019) from the Auditor General for information.

The following City staff gave a presentation to the Audit Committee on this Item:

- Beverly Romeo-Beehler, Auditor General

- Jane Ying, Assistant Auditor General

- Niroshani Movchovitch, Senior Audit Manager

This report provides information on the Auditor General’s Office 2018 activities and financial and non-financial benefits.

In 2018, the Auditor General's Office issued 18 reports including 12 performance audit reports, one investigative report, three recommendation follow-up reports, and two annual reports. In addition, the Auditor General’s Fraud and Waste Hotline processed 643 complaints containing approximately 1,000 allegations.

The Auditor General's Office calculates the return on every dollar invested in the Office by comparing the ratio of five-year audit costs to the cumulative estimated five-year realized savings. Since 2014, total one-time and projected five-year cost savings and revenue increases are approximately $303.7 million. The cumulative costs of operating the Auditor General’s Office since 2014 were approximately $25.9 million. For every $1 invested in the Auditor General’s Office, the return on investment was approximately $11.7.

The identification of cost savings and increased revenue is only one component of the Auditor General’s mandate. Equally important is the ongoing evaluation of governance, risk management and internal controls. However, the benefits resulting from these audits are not easily quantified in financial terms.

The Audit Committee recommends that:

1. City Council receive the report (February 6, 2019) from the Auditor General for information.

The following City staff gave a presentation to the Audit Committee on this Item:

- Beverly Romeo-Beehler, Auditor General

- Elaine Au, Director, Forensic Unit

This report represents the 2018 annual report on fraud, waste and wrongdoing at the City including the activities of the Fraud and Waste Hotline Program (the Hotline Program). It highlights the complaints that have been communicated to the Auditor General’s Office. It does not represent an overall picture of fraud or other wrongdoing across the City.

In 2018, 643 complaints comprised of approximately 1,000 allegations were received by the Auditor General’s Office.

The Hotline Program has helped to reduce losses and resulted in the protection of City assets. The cumulative total of actual and potential losses for complaints received in previous years (2014 to 2018) is more than $14.8 million (actual) plus $3.2 million (potential) had the fraud not been detected. Additional benefits that are not quantifiable include:

- the deterrence of fraud or wrongdoing
- strengthened internal controls
- improvements in policies and procedures
- increased operational efficiencies
- the ability to use complaint data to identify trends, address risks, make action-oriented recommendations to management and inform the audit work plan.

The Audit Committee recommends that:

1. City Council receive the Auditor General’s 2019 Work Plan, attached to the report (February 6, 2019) from the Auditor General.

The Audit Committee considered the following Items together:

- AU1.6, headed "Auditor General's Office 2019 Operating Budget"

- AU1.7, headed "Auditor General's Office 2019 Work Plan".

The following City staff gave a presentation to the Audit Committee on these Items:

- Beverly Romeo-Beehler, Auditor General

- Ina Chan, Assistant Auditor General.

The Auditor General's audits and investigations provide independent information for City Council to hold City administrators accountable for providing stewardship over public funds. The Auditor General's work helps to identify and mitigate risks the City faces, improve accountability, strengthen management controls, and enhance the efficiency and effectiveness of City operations.

The purpose of this report is to provide City Council with an overview of the work the Auditor General plans to conduct in 2019.

Audit projects included in the annual Work Plan are identified through a risk assessment process conducted periodically by the Office, a review of emerging issues and an analysis of trends in allegations made to the Fraud and Waste Hotline. The Auditor General also considers the views and experience of City Councillors and City management.

The Auditor General anticipates that the need for highly complex and in-depth forensic investigations will continue. This will require a significant commitment of resources, given the increasing complexity of complaints received by the Fraud and Waste Hotline.

The Auditor General may amend the annual Work Plan if new priorities arise. In accordance with Chapter 3 of the Toronto Municipal Code, City Council may add to the annual audit plan by a two-thirds vote of all Council members.

The Audit Committee recommends that:

1. City Council receive the report (February 6, 2019) from the Auditor General for information.

2. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (February 6, 2019) from the Auditor General, remain confidential in its entirety, as it involves the security of property belonging to the City of Toronto, it is about labour relations or employee negotiations, and it is about litigation or potential litigation that affects the City of Toronto.

The Audit Committee requested the Auditor General to report to the Audit Committee for its meeting on May 3, 2019, the outstanding Audit Recommendations which are of greatest concern.

The Auditor General's Office conducts an annual follow-up review to determine the implementation status of recommendations in previously issued audit reports. The results of the review are reported to City Council through the Audit Committee.

This report provides information regarding the implementation status of audit recommendations issued to City divisions in Corporate Services and Finance and Treasury Services. The report also provides information on the potential cost savings from the outstanding audit recommendations in response to a motion adopted by the Audit Committee at its July 4, 2016 meeting.

Our 2018 follow-up review included 169 outstanding recommendations (including public and confidential recommendations) in audit reports for the following nine City divisions:

- Accounting Services
- Environment and Energy
- Facilities Management
- Financial Planning
- Information and Technology
- Pension, Payroll and Employee Benefits
- Purchasing and Materials Management
- Revenue Services
- 311 Toronto
 

As of December 31, 2016, there were 35 audit reports to divisions in Corporate Services and Finance and Treasury Services with 169 outstanding recommendations. Among the 169 recommendations, our review verified that 30 recommendations (18 per cent) have been fully implemented, 135 recommendations (80 per cent) have been partially implemented and four recommendations (2 per cent) are no longer applicable.

Continued efforts to implement outstanding recommendations will provide additional benefits to the City such as cost savings, improved controls, and enhanced service delivery.

We express our appreciation for the co-operation and assistance we received from management and staff during this year's follow-up review process.

The Audit Committee recommends that:

1. City Council receive the report (February 6, 2019) from the Auditor General for information.

The Audit Committee requested the Auditor General to report to the Audit Committee for its meeting on May 3, 2019, the outstanding Audit Recommendations which are of greatest concern.

This consolidated year-end report summarizes the 2018 recommendation follow-up results of all City divisions, the City Manager's Office, Agencies and Corporations, and recommendations issued by the Auditor General's Forensic Unit.

The report provides the status of audit recommendations issued prior to December 31, 2016. A total of 323 outstanding recommendations were included in the 2018 follow-up review.

Among the 323 recommendations, our review verified that 72 recommendations (22 per cent) have been fully implemented, and 20 recommendations (6 per cent) are no longer applicable. There are 231 recommendations (72 per cent) that remain not fully implemented.

Continued efforts to implement outstanding recommendations will provide additional financial and non-financial benefits to the City and its Agencies and Corporations. These benefits include cost savings, additional revenue, enhanced service delivery, and improved controls.

We express our appreciation for the co-operation and assistance we received from the management and staff of City divisions, the City Manager's Office and the Agencies and Corporations.

The Audit Committee recommends that:

1. City Council receive the report (February 6, 2019) from the Auditor General for information.

The Audit Committee requested the Auditor General to report to the Audit Committee for its meeting on May 3, 2019, the outstanding Audit Recommendations which are of greatest concern.

This report provides information regarding the implementation status of publicly reported recommendations made by the Forensic Unit of the Auditor General’s Office. These recommendations were made in the context of the annual reports on the Fraud and Waste Hotline and other special reviews conducted.

Confidential recommendations may also be made to management as a result of investigations. The implementation status of confidential recommendations is communicated directly to the City Manager.

Following up on outstanding recommendations from previous reports is important and ensures that management has taken appropriate action to implement recommendations.

From January 1, 2007 to December 31, 2016, a total of 30 recommendations made by the Forensic Unit were reported publicly. Twenty-nine of the recommendations were implemented before 2017.

One recommendation remains outstanding and was included in the 2018 follow-up review. Management reported that this recommendation was not fully implemented and therefore we did not conduct any work on this recommendation.

Continued efforts to implement outstanding recommendations will provide additional benefits to the City through cost savings, additional revenue, control improvements and enhanced service delivery.

The Audit Committee recommends that:

1. City Council receive the report (January 30, 2019) from the Auditor General for information.

Compliance with Government Auditing Standards is an important component of audit quality and is critical in maintaining credibility with City Council, management and taxpayers.

Government Auditing Standards require that audit organizations performing audits in accordance with Generally Accepted Government Auditing Standards undergo an external peer review every three years. Chapter 3 of the Toronto Municipal Code also requires that the “Auditor General shall undergo an external peer review once every three years to ensure compliance with government auditing standards” and that “the results of the external peer review shall be reported to Council through the Audit Committee”.

An external peer review answers the question, “Who audits the auditor?”

This report provides the results of the External Quality Control Review performed by the Association of Local Government Auditors (ALGA) for the period January 1, 2015 through December 31, 2017. The Auditor General's Office received the highest possible rating on its peer review – the fifth time the Office has received this rating.

The Board of Health recommends that:

1.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Medical Officer of Health, as part of their Heat in Apartments Working Group to identify strategies to address indoor temperatures in apartment buildings, to explore the feasibility of the following:

a.  Options for window protection in apartment buildings that balance child safety with the ability to permit air circulation for heat relief and consider potential modifications to the City of Toronto Municipal Code Chapter 629, Property Standards;

b.  Reviewing, removing, or changing the dates (September 15 and June 1) in the City of Toronto Municipal Code Chapter 497, Heating, as other jurisdictions have done in response to changing weather patterns; and

c.  Reporting to the Heat in Apartments Working Group on the status of Recommendations 1.a. and 1.b. by September 2019.

2.  City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Medical Officer of Health and the Chief Communications Officer, Strategic Communications, to develop a strategy to continue to significantly increase effective communications to landlords and the public to provide clarity that landlords should use reasonable flexibility regarding the activation of heating systems in apartment units between September 15 and June 1, where the unit is a minimum of 21 degrees Celsius without heating, starting in the spring of 2019, and for the Medical Officer of Health to report back to the Board of Health at its meeting on April 8, 2019 on the communications strategy.

3.  City Council request the Chief Planner and Executive Director, City Planning, to work with the Medical Officer of Health to identify opportunities in the City's planning processes, such as the development application approval process, to require air conditioning, common cool rooms, and/or shade structures in redeveloped or newly-developed buildings and policy options to include ways to mitigate the effect of building improvements on rent, such as grant-based retrofit incentives.

4.  City Council request the Board of Directors, Toronto Community Housing Corporation, to direct the President and Chief Executive Officer, Toronto Community Housing Corporation, to follow the City of Toronto's direction on flexibility with heating systems at the time directed in shoulder seasons (September 15 to June 1) and to implement cooling options, including air conditioning, common cool rooms, and/or shade structures within the Toronto Community Housing Corporation's buildings that can be implemented on an ongoing basis as part of the state of good repair and in new buildings.

The Board of Health:

1.  Requested the Medical Officer of Health to provide costed options for cool spaces signage and "neighbour checking" for consideration in the draft 2020 Toronto Public Health Budget.

In January 2019, City Council adopted a report from the Medical Officer of Health that proposed a strategy for heat relief services in order to put the City in a stronger position to protect residents from extreme heat. At this meeting, additional motions were adopted that aim to strengthen the hot weather response through enhanced signage of cool spaces and consideration for creating shade structures, cool rooms in apartment buildings, and voluntary contact lists of vulnerable tenants in apartments.

This report provides an update on the work accomplished to implement heat relief strategies for the summer of 2019 and how additional strategies will be incorporated into the work plan.

To coordinate the implementation of heat relief strategies, City Council requested the Deputy City Manager, Corporate Services, to develop a Heat Relief Work Group with representation from nine City Divisions to more effectively coordinate initiatives which have been shown to be successful for addressing extreme heat. These initiatives include the development of a strategic communications plan, enhancements to web-based information, expansion of the Heat Relief Network, introduction of shade structures, and piloting a neighbour-checking program.

As weather patterns continue to change and periods of hot weather increase in both duration and intensity, the City's response to hot weather must also evolve. Given that Toronto can expect to experience more days of extreme heat, the Heat Relief Work Group has determined that, for the long term, vulnerable populations will be best protected through a seasonal response to hot weather where support is provided through pre-existing services that they already access.

The Civic Appointments Committee recommends that:  

1. City Council appoint the following candidates to the Toronto Transit Commission, at pleasure of Council, for a term of office ending March 27, 2023, and until successors are appointed:

- Alan Heisey

- Julie Osborne

2. City Council direct that Confidential Attachments 1 to 5 to the report (March 7, 2019) from the 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.

Candidates' biographies:

Alan Heisey

Alan M. Heisey Q.C.  has lived in Toronto for his entire life both downtown and in North York  He graduated from Osgoode Hall Law School in 1978 and has practised law for over 30 years. Alan has contributed considerable time during his career to public service, including as a board member for the Toronto Parking Authority, the Toronto Police Services, and the TTC. He was an advocate for a connected network of protected bike lanes in the downtown core which has been partially realised.

Julie Osborne

Julie Osborne is an experienced senior media executive.  She led some of Canada's best-known media brands including Maclean's, Canadian Business and Hello Canada and was the first woman in the over 100 year history of Maclean's Magazine to hold the position of Publisher.  She has served on the boards of The Writers' Trust of Canada, Magazines Canada, Canadian Women in Communications and the Tarragon Theatre. She is trilingual and graduated from Ivey with an MBA in 1987.

The Civic Appointments Committee will conduct interviews and recommend two candidates to City Council for appointment to the Toronto Transit Commission.

The Civic Appointments Committee recommends that:

1. City Council appoint Harry Orbach-Miller to the Toronto Public Library Board for a term of office ending on November 14, 2022, and until a successor is appointed.

2. City Council direct that Confidential Attachments 1 to 3 to the report (March 12, 2019) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Public Library Board.

Candidate's biography:

Harry Orbach-Miller

Harry Orbach-Miller is a Master of Public Policy candidate at the University of Toronto and an experienced advocate, having represented student and youth interests to every level of Canadian government. He has served on multiple board of directors, including the Governing Council of the University of Toronto. Harry has received numerous awards for his community leadership including the Key to University Students’ Council of Western University and Ontario Volunteer Service Award.

The Civic Appointments Committee will re-interview three candidates and recommend one candidate to City Council for appointment to the Toronto Public Library Board.

The Civic Appointments Committee recommends that:

1. City Council appoint the following twelve individuals to the Toronto Accessibility Advisory Committee, for a term of office ending on November 14, 2022, and until successors are appointed:

Darren Cooper

Karima Ewig

Miranda Fray

Michelle Grimley

Glen Hart

Stefanie Marinich-Lee

Michael McNeely

Liv Mendelsohn

Michael Miceli

Jason Mitschele

Wendy Porch

Buvani Sivagnanasunderam  

Candidates' biographies:

Darren Cooper

Darren Cooper currently serves as the Accessibility Project Manager and the Academic Coordinator for the Leadership in Accessibility and Inclusion Program at The Chang School of Continuing Education at Ryerson University. Prior to these roles, Darren was the Accessibility Specialist for the City of Mississauga and the Accessibility Coordinator for the Town of Milton. Darren holds a Certificate in Municipal Administration and an Honours B.A. in Communication Studies.

Karima Ewig

Karima Ewig has been working in the field of disabilities for over eleven years and grew up with epilepsy. Karima went to school for Developmental Services Worker and Intervenor for Deafblind Persons. Karima currently works in a day program and a group home supporting adults with disabilities. Karima has come to understand that not everyone will accept you as you accept yourself and because of this she continually explores options to advocate and educate for people with disabilities. 

Miranda Fray

Miranda Fray is a well-seasoned Career Development Professional with extensive experience being retained by organizations to facilitate change processed and turn-around strategies within Community Employment Services funded by the Ministry of Training. Currently, she is an active part of the management team within TDSB at Next-Steps Employment Centre – Riverdale in which she implements services to assist marginalized client groups such as diversity hiring events for persons with disabilities.

Michelle Grimley

Michelle Grimley is currently developing her career in disability advocacy, diversity and inclusion at Community Living Toronto in the role of Community Support Coordinator – Membership Services. Michelle works collaboratively with people with developmental disabilities to identify gaps in programs and services and create socially inclusive community supports. Michelle leads a Membership Team that coordinates fundraising events and grant requests to develop and implement a wide variety of social, educational and recreation programs.

Glen Hart

Glen Hart works in food, nutrition and life skills training for Fife House, a housing non-profit organization for persons living with HIV/AIDS.  He also sits on the Board Governance Committee of the Ontario HIV/AIDS Treatment Network.  His professional experience includes working with many marginalized populations such as LGBTQ+ refugees, street involved communities and persons living with HIV/AIDS.  Glen identifies as Métis and as an active part of Toronto’s vibrant LGBTQ+ community.  His personal experience of disability includes living with the many physical, mental and cognitive challenges of life with HIV/AIDS, as well as the related issues of stigma and exclusion.

Stefanie Marinich-Lee

Stefanie Marinch-Lee has dedicated both her professional career and volunteer associations toward the advancement of services and rights for persons with disabilities. Stefanie attended Osgoode Hall Law School and completed her articles of clerkship at ARCH: Disability Law Clinic. Her work has always intersected with current disability issues and is considered a subject matter expert in this field. She brings experience from both the public and private sector in employment, education and policy development.

Michael McNeely

Michael McNeely is striving to become the first deaf-blind lawyer to graduate from Osgoode Law School. He currently teaches advocacy skills at the Canadian Helen Keller Centre. He is a former high school teacher, and current accessibility advocate who has worked with those in the film, stage and transportation industries to help improve their accessibility practices. Michael currently serves on the Board of Directors at the Canadian Deafblind Association in Paris, Ontario.

Liv Mendelsohn

Liv Mendelsohn, M.A., M.Ed. is the Director of Accessibility and Inclusion at the Miles Nadal JCC, and Artistic Director of the ReelAbilities Toronto Film Festival. Passionate about building accessible communities engaged in the arts with a focus on youth with disabilities. Liv is a 2017-2-18 Civic Action DiverseCity Fellow, and a 2018-2019 mentor for AFP Fellowship in Inclusion and Philanthropy. She is a field instructor for the Faculty of Social Work at the University of Toronto.

Michael Miceli

Michael Miceli graduated summa cum laude with his B.A., Honours degree in Psychology and a Certificate in Practical Ethics from the Department of Philosophy in 2005 and completed his M.A. degree in Critical Disability Studies in 2007, both from York University. His research interests focus on the ethical and social implications of new reproductive technologies such as prenatal genetic screening for persons with disabilities and women of child-bearing age.

Jason Mitschele

Jason Mitschele is a proud advocate for the promotion of equality for persons with disabilities and contributes to the following organization as a: Director for the Canadian National Institute for the Blind Foundation – Ontario and Quebec Advisory Board; Adjunct Professor in Training, Faculty of Law, University of Toronto, Trail Advocacy Program; Member of the National Equity and Diversity Committee, Public Prosecution Services of Canada and Board member, Guide Dogs for the Blind, Alumni Advisory Board.

Wendy Porch

Wendy Porch is the Executive Director at the Centre for Independent Living in Toronto (CILT). Before joining CILT, Wendy was the Manager of Episodic Disability Initiatives at Realize. Wendy worked for years as a Research Fellow in Accessibility in Educational Media at the Open University UK and undertook Research and Development at the Adaptive Technology Resource Centre at the University of Toronto. Wendy started her work life at ARCH Disability Law Centre. Wendy holds an M.Ed. in Counselling Psychology from the University of Toronto.

Buvani Sivagnanasunderam

Buvani Sivagnanasunderam graduated from University of Toronto with a degree in Health Science & Psychology and went on to pursue a Masters in Global Health at McMaster University. She has extensive experience working with vulnerable populations such as immigrants, newcomers, the LGBT+ community, and individuals with disabilities. She is currently the research coordinator for the non-profit TechGirls Canada and remains fiercely committed to working towards an inclusive and accessible Ontario.

This purpose of this report is to have City Council appoint twelve members of the public to the Toronto Accessibility Advisory Committee (TAAC).

The Economic and Community Development Committee recommends that:  

1.  City Council appoint Al Moritz (A.F. Moritz) to the position of City of Toronto Poet Laureate for a term beginning April 1, 2019 until March 31, 2022, or until a successor is appointed.

The purpose of this report is to appoint Al Moritz (A.F. Moritz) as the sixth City of Toronto Poet Laureate.

The position of City of Toronto Poet Laureate honours a poet who writes outstanding poetry and has written on themes that are relevant to the people who live in the city. Toronto’s Poet Laureate advocates for poetry and the arts, attracts people to the literary world, and uses their unique perspective to create a dialogue on contemporary issues.

Al Moritz is an internationally-recognized poet and teacher based in Toronto. In unanimously recommending Moritz's appointment, the selection panel pointed to his influential body of work that has profoundly shaped Toronto's literary community. They cited his extensive mentorship of young Toronto poets, and their confidence that he would excel as an ambassador for the literary arts across stylistic, geographic and demographic boundaries.

The Economic and Community Development Committee recommends that:

1.  City Council establish a separate Toronto Municipal Code Chapter for sidewalk cafés, public parklets, and marketing displays, in accordance with the recommendations contained in the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

Definitions

2.  City Council establish the following definitions for sidewalk cafés, public parklets and marketing displays:

AWNING - A removable or retractable unenclosed temporary structure, affixed to the adjacent building, that is made of light material having a light metal or reasonably equivalent frame covered by fire-proof canvas or similar sail goods, that is installed over a permitted café or marketing area. If the structure is attached to the surface of a street, it is not an awning under this chapter.

APPLICANT – A person applying for a permit under this by-law.

ARTERIAL ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

BOULEVARD CAFÉ – Has the same meaning as sidewalk café.

BUSINESS IMPROVEMENT AREA – A board of management for an area designated as a Business Improvement Area established under Municipal Code Chapter 19.

CHIEF BUILDING OFFICIAL – The Chief Building Official of the Toronto Building Division for the City of Toronto and his or her designate.

COLLECTOR ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

CURBSIDE – The portion of a sidewalk located immediately adjacent to the edge of the portion of the street used for vehicle traffic, where the edge is demarcated by a continuous poured raised concrete curb.

CURBSIDE CAFÉ – A sidewalk café that is located curbside.

EMERGENCY WORK – Work within a street that must be completed immediately due to health or safety concerns, or due to the urgent need to restore essential services, as determined in the sole and exclusive opinion of the City.

EXECUTIVE DIRECTOR – The Executive Director of the Municipal Licensing and Standards Division for the City of Toronto and his or her designate.

FORMER BY-LAW – Means Chapter 313, Streets and Sidewalks of the former City of Toronto; by-law 16-97 of the former City of East York; by-law 41-93 of the former Municipality of Metropolitan Toronto; by-law Number 29607 of the former City of North York; by-law 3343-79 of the former Borough of York; and any permission or approval of the City of Toronto or any predecessor municipality to an operator of a sidewalk café granted at any time immediately prior to the date this Chapter came into force.

FRONTAGE CAFÉ – A sidewalk café that is located immediately adjacent to the frontage wall of the associated establishment.

FURNISHING AND PLANTING ZONE – The zone or area of the sidewalk and boulevard that provides space for a wide range of street elements such as trees, other plantings, litter and recycling bins, benches, street lights, and bicycle racks.  

GENERAL MANAGER - The General Manager of Transportation Services for the City of Toronto and his or her designate.

LOCAL ROAD - Any street that is designated as such in the City's road classification system, as amended from time to time.

MARKETING DISPLAY - A display, placement or exposing of any goods, articles, foodstuffs, or merchandise within a street for the purposes of retail sale from inside the adjoining commercial or industrial premises.

OBSTRUCTION – Any fixture or object that interferes with the pedestrian clearway including but not limited to street furniture, fire hydrants, fire department connections, hydro poles, planters and plants, street trees, open tree pits, publication boxes, parking meters, A-frame signs, bicycle parking including the bicycle, benches, ramps, street lights, traffic lights/boxes, waste bins, transit shelters, bollards, merchandise, fences, pillars, and utilities.

OPERATOR – the operator of the business in the associated establishment with a sidewalk café, parklet café or marketing display.

PARKLET CAFÉ– A type of sidewalk café that is a temporary lateral projection into the curb lane or parking lane of a street.

PEDESTRIAN CLEARWAY – the zone or area of sidewalk that accommodates pedestrian movement, is free of obstructions, and must be a clear and continuous path that provides universally accessible, safe and comfortable passage for pedestrians.

PERMIT - A permit issued under this by-law.

PERMIT AREA - the part of the street for which a permit was issued under this by-law.

PERMIT HOLDER – the holder of a permit issued under this by-law or where a permit has been transferred, the new owner or operator to whom the permit has been transferred.

PUBLIC PARKLET – A temporary lateral projection into the curb lane or parking lane of a road that is used for a public space.

SERVICE ANIMAL - A service animal as defined in in subsection 80.45(4) of O.Reg. 191/11, Integrated Accessibility Standards.

SIDEWALK - The portion of a street that is improved for the use of pedestrians.

SIDEWALK CAFÉ – an outdoor eating area located in a street where food or drink is served to the public by an eating or drinking establishment as defined in Toronto Municipal Code, Chapter 545, Licensing, and includes a curbside café, frontage café, and parklet café. A sidewalk café does not include a small frontage café, small curbside standing café, or a public parklet.

SMALL CURBSIDE STANDING CAFÉ – A permitted encroachment that consists only of a single table, without any seating, running parallel to the curb line, with all parts of the standing café and its patrons within the furnishing and planting zone of the sidewalk.

SMALL FRONTAGE CAFÉ – A permitted encroachment that consists only of a single line of seating, with or without tables, on the sidewalk against the frontage wall of the associated establishment.

SMALL MARKETING DISPLAY – A permitted encroachment that consists of a marketing display on the sidewalk against the frontage wall of the associated establishment.

STREET - A highway as defined in the City of Toronto Act, 2006.

Permit Application Requirements

3.  City Council direct that:

a. Any person who wants to install a sidewalk café, public parklet, or marketing display must apply for and obtain a permit from the City; pay all applicable fees, including permit and application fees; and, enter into a written agreement with the City in a form satisfactory to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets.

b.  A small frontage café, small curbside standing café, or small marketing display on a sidewalk does not require a permit, application, or fee, but the operator must comply with the requirements set out in the new by-law.

4.  City Council direct that to apply for a permit, applicants must submit:

a.  a complete application in the form prescribed by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, and pay in advance an application fee in the amount specified in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services;

b.  if the applicant is not the owner of the property adjoining the location of the proposed sidewalk café, public parklet or marketing display, a letter signed by the property owner indicating that the property owner does not object to the application;

c.  detailed, scaled plans and specifications to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, as may be required to determine if the proposed sidewalk café, public parklet, or marketing display complies with the requirements set out in the new by-law, including but not limited to detailed designs showing the permit area will be accessible to persons with disabilities, site plans and photographs, property dimensions, sidewalk and street dimensions and photographs, location and separation distances to street elements and utilities, and other stamped architectural/ engineering detailed drawings or construction specifications for items such as for awnings, fencing, platforms or parklet elements;

d.  proof that the adjoining property is zoned for industrial or commercial uses; and

e.  any other information deemed necessary by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

Notice Requirements for Sidewalk Café and Public Parklet Applications

5.  City Council direct that, upon receipt of a complete application for a sidewalk café or public parklet, the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets, will notify the following people:

a.  the Applicant;

­b.  the local Ward Councillor;

c.  the local Business Improvement Area under Toronto Municipal Code, Chapter 19, if applicable; and

d.  any resident associations registered with the City Clerk that includes the proposed café location within its area of representation.

6.  City Council direct the Executive Director, Municipal Licensing and Standards, in the case of sidewalk café applications along a local road, to notify all property owners and occupants located within a 60 metre radius of the proposed café location.

7.  City Council direct that all sidewalk café applicants must display a notice of the application in a form, size and location satisfactory to the Executive Director, Municipal Licensing and Standards on the associated establishment for no less than twenty-one (21) days commencing on a date specified by the Executive Director, Municipal Licensing and Standards.

Thresholds for Refusing an Application

8.  City Council direct the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, to refuse an application for a sidewalk café, public parklet, and/or marketing display if:

a.  the application contains false, misleading or fraudulent information;

b.  in the case of sidewalk cafés, staff receive multiple objections to the application from members of the public during the 21 day period of displayed public notice;

c.  staff receive an objection from Transportation Services, Toronto Transit Commission, Toronto Fire Services, Parks, Forestry and Recreation, City Planning, Enbridge, Toronto Hydro, or any other utility company deemed necessary by the Executive Director, Municipal Licensing and Standards;

d.  the proposed sidewalk café, public parklet, or marketing display does not meet the requirements of the by-law or any policy adopted in accordance with the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services; or

e.  the applicant has outstanding fees or fines with the City.

Appeal Process

9.  City Council direct that:

a.  An applicant will be notified if their application has been refused.

b.  An applicant may appeal the refusal of the application within 14 days of receipt of the notice of refusal.

c.  The appeal must be made in a form acceptable to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services and must include the applicant's grounds for the appeal.

Appeals – Changes to Delegation of Authority

10.  City Council delegate to the General Manager, Transportation Services the authority to hear, review and make final decisions with regard to appeals in relation to:

a.  the location, design and safety of parklet cafés;

b.  the location, design and safety of public parklets; or

c.  refusal of an application due to a failure to meet pedestrian clearway requirements under the new by-law.

11.  City Council amend Chapter 27, Council Procedures, to remove appeals in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements under the new by-law from Community Council's authority to hear, review and make final decisions with regard to sidewalk café and marketing display permit appeals.

Appeals – General Manager, Transportation Services

12.  City Council direct that:

a.  The General Manager, Transportation Services may consult with a staff working group, such as staff from the Economic Development and Culture division and/or City Planning division, in considering appeals in relation to the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements.

b.  The General Manager, Transportation Services will review appeals of application refusals in relation to the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements and may make the following decisions:

i.  refuse the appeal and uphold the refusal of the application, or

ii.  grant the appeal subject to any terms and conditions determined to be appropriate by the General Manager, Transportation Services.

c.  The General Manager, Transportation Services will forward their decision on the appeal to the Executive Director, Municipal Licensing and Standards and the Executive Director, Municipal Licensing and Standards will:

i.  Notify the applicant that their appeal has been refused and their application will be refused; or

ii.  Where the appeal was granted and the only grounds for appeal were in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements, issue the applicant a permit with the terms and conditions determined to be appropriate by the General Manager, Transportation Services; or

iii.  Where the appeal was granted and there are grounds for appeal other than those in relation to the location, design and safety of parklet cafés and public parklets; and/or pedestrian clearway requirements, forward the remainder of the appeal to Community Council for consideration on those other grounds for appeal.

Appeals – Community Councils

13.  City Council direct that:

a.  The Executive Director, Municipal Licensing and Standards prepare and forward a report to the appropriate Community Council upon receipt of an appeal on grounds other than the location, design and safety of parklet cafés and public parklets; or pedestrian clearway requirements and the report include the:

i.  applicant's grounds for the appeal;

ii.  grounds for refusal of the application; and

iii.  General Manager, Transportation Services's decision and conditions in relation to the approval of a pedestrian clearway appeal, where applicable.

b.  A notice of the appeal hearing will be provided to any person who submitted an objection to the application.

c.  Community Council will provide the applicant and any other person with the opportunity to be heard and may make the following decisions;

i.  refuse the appeal, or

ii.  grant the appeal and direct that permit be issued under a set of terms and conditions as determined by Community Council.

d.  If an appeal is refused for any reason, the application fee will not be refunded.

e.  Where an application has been considered and refused by Community Council, a further application for the same address or location shall not be accepted within two (2) years from the date of the prior application.

Permit Issuance

14.  City Council direct that a permit may be issued when all the following conditions are met:

a.  an application is approved or an appeal is granted;

b.  an applicant has entered into a written agreement with the City that is satisfactory to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of an application for a public parklet;

c.  an applicant has agreed to indemnify and save harmless the City from any actions, loss, costs, claims or damages arising from the use of the sidewalk or street for the purposes of the permit;

d.  an applicant has paid the annual permit fee and the fee for tree planting, if applicable; and

e.  an applicant has obtained the applicable approvals from Toronto Building, Toronto Fire Services, City Planning Heritage Preservation Services, and other City divisions and agencies, as may be necessary in the opinion of the Executive Director, Municipal Licensing and Standards.

Term and Permit Renewal

15.  City Council direct that:

a.  For permits requiring a business licence, the term and renewal date of the permit shall be harmonized to the term and anniversary of the date upon which the associated business licence was issued;

b.  For permits issued that do not require a business licence, the renewal date shall be the 12-month anniversary of the date of issuance of the permit; and

c.  A permit will not be renewed if the permit holder is in violation of the by-law, has unpaid fees or fines under the by-law, or cannot produce a certificate of insurance for the permit area.

Permit Requirements

16.  City Council direct that:

a.  Permit holders shall install and maintain the sidewalk café, public parklet or marketing display in accordance with the approved permit plan and permit agreement.

b.  Permit holders comply with any other applicable by-law or legislation.

c.  Permit holders maintain in good standing a business licence issued under Chapter 545, Licensing, where applicable.

d.  Permit holders maintain at all times a policy of Commercial General Liability insurance in an amount and form satisfactory to the City of Toronto.

e.  All permit holders, other than holders of a public parklet permit, display a permit notice issued by the Executive Director, Municipal Licensing and Standards on the street door or in the lower front window of the associated establishment in a way that is visible at all times from the public sidewalk.

17.  City Council direct that permit holders are not allowed to:

a.  Place or permit the placement of lighting, heating, barbecues, platforms, visual screens, ramps, canopies, awnings or any other elements in the permit area, without first obtaining permission to do so from the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

b.  Place or permit the placement of any café or marketing elements including chairs, tables, planters, umbrellas and sales goods outside the permit area with the exception of an umbrella canopy if it is a minimum of 2.1 metres above the sidewalk surface.

c.  Place or permit the placement of any outdoor carpeting, artificial turf or other surface covering on any portion of the sidewalk or street.

d.  Refuse entry of any person into a permit area on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.

e.  In respect of any person with a disability being accompanied by a service animal, by reason only of the presence of the said service animal:

i.  refuse to serve such person;

ii.  refuse to permit such person to enter with such guide dog or service animal into or upon the permit area; or

iii.  refuse to permit such person and such guide dog or service animal to remain into or upon the permit area.

f.  Obstruct, hinder or interfere with the free access of a By-law Enforcement Officer, employee, agent of the City, or any utility provider to enter any portion of the permit area for the purpose of the installation, maintenance or repair work or inspection of any part of the permit area.

g.  Damage, prune or attach any object or permit the damaging, pruning or attachment of any object to a tree.

h.  Use the permit area for any purpose other than for the use permitted by the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets.

i.  Assign, transfer or sub-let the permission for the use of any portion of the permit area to any other person, except in accordance with the by-law.

Permit Transfer

18.  City Council direct that to transfer a permit, the new owner or occupant must complete an application in the form prescribed by the Executive Director, Municipal Licensing and Standards and pay in advance a transfer fee in the amount specified in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

19.  The responsibility lies with the existing permit holder to advise the owner or occupant that the permit area was legally installed and that a requirement to comply with the by-law upon transfer may result in an amended or reduced permit area size.

20.  City Council direct that public parklet permits are not transferable.

21.  City Council direct the Executive Director, Municipal Licensing and Standards to approve an application to transfer a permit for a sidewalk café or marketing display if:

a.  the pedestrian clearway, fencing, visual screens, and accessibility of the permit area meet the requirements of the new by-law;

b.  the permit area has not been altered in any way from the terms of the agreement with the City, other than to meet the pedestrian clearway, fencing and accessibility requirements of the new by-law;

c.  Where extended hours of operation were approved by Community Council in relation to the previous operation of the sidewalk café, the closing hours proposed for the sidewalk café under the transferred permit are now consistent with the default requirements of the new by-law, as if no alternative hours had been approved by Community Council;

d.  the Councillor for the ward in which the property is located has been notified of the application to transfer and has not objected within 14 days of being notified;

e.  the permit area and all elements in the permit area meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services; and

f.  the new owner or occupant has entered into a new agreement with the City in a form satisfactory to the Executive Director, Municipal Licensing and Standards.

Amending a permit area

22.  City Council direct any permit holder seeking to amend the size of a permit area to satisfy the Permit Application Requirements of the new by-law.

Pedestrian Clearway and Accessible Entrance Requirements

23.  City Council direct that all permit areas and permitted encroachments must have an adjacent pedestrian clearway width of:

a.  no less than 1.8 metres on a local road,

b.  no less than 2.1 metres for a collector or arterial road, and

c.  for streets in downtown Toronto in the areas outlined in Attachment 3 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, despite the requirements in recommendations 23.a. and 23.b. above, where the sidewalk is at least 5 metres (as measured from the face of the building's exterior wall on the ground floor to the face of the curb), the pedestrian clearway must be at least 2.5 metres unless a different minimum is determined by the General Manager, Transportation Services.

24.  City Council direct that the pedestrian clearway must:

a.  run adjacent along the full length of the permit area and not have changes in direction of more than 20 degrees along a street block;

b.  for frontage permit areas, have its width be measured from the outermost edge of the permit area to the closer of the nearest obstruction or back of curb;

c.  for curbside permit areas, have its width be measured from the edge of the permit area adjacent to the pedestrian path to the closer of the nearest obstruction on the sidewalk or the property line; and

d.  comply with conditions set by the General Manager, Transportation Services where the permit area may be expanded or altered based on time-of-day pedestrian clearway requirements (for example at times when pedestrian traffic volumes are higher).

25.  City Council direct that all permits issued under the by-law be designed so as to permit access by a person in a mobility device, and contain at least one entrance of minimum width equal to the entrance of the associated establishment but in no case less than 1.0 metre.

Requirements for Sidewalk Cafés and Public Parklets

Separation from Residential Zone Requirements

26.  City Council direct that all sidewalk café permit areas provide for:

a.  A minimum separation distance of 30 metres from the closest part of the permit area to the nearest lot in a Residential Zone Category or Residential Apartment Zone Category, as set out in the applicable zoning by-law.

b.  A minimum separation of one metre from the closest part of the permit area to any entrance to a dwelling unit that may be located on a local road within an adjacent building or within the building containing the eating establishment.

c.  A minimum separation of six metres from the closest part of the permit area to the extended boundary of a lot in a Residential Zone Category or Residential Apartment Zone Category on the opposite side of the street across from the proposed permit area.

Small Frontage Café

27.  City Council permit owners and occupiers of land adjoining the street to maintain small frontage cafés as permitted encroachments provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located against the building wall of the associated establishment, facing the street, and not extend across a neighbouring frontage;

b.  not extend further than 0.8 metres out from the building wall of the associated establishment and have a maximum width of 5.5 metres across the building frontage or the width of the associated establishment frontage, whichever is smaller;

c.  meet the minimum pedestrian clearway standards set out in the new by-law and maintain the pedestrian clearway unencumbered at all times;

d.  remove tables and chairs from the sidewalk at the time of business closing;

e.  not have any shade umbrellas, fencing, railing, partition or enclosure of any kind placed on the small frontage café area;

f.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services; and

g.  have cane detectable features for the visually-impaired in the form of a small planter with a detectable base at each end of the small frontage café, or street furniture with a detectable base.

Small Curbside Standing Café

28.  City Council permit owners and occupiers of land adjoining the street to maintain small curbside standing cafés as permitted encroachments on the boulevard provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located at the curbside in front of the associated establishment;

b.  be located on a street with posted speeds of 40 kilometres/hour or less;

c.  be no less than 15 metres upstream of the curb edge of an intersection or a pedestrian crossover;

d.  be no less than 9 metres downstream of an intersection or pedestrian crossover;

e.  be set back a minimum 0.5 metres from the curb face;

f.  not extend longer than 1.2 metres in length running parallel to the curb line;

g.  not be taller than 1.2 metres from the top of the standing café table to the surface of the sidewalk;

h.  all parts of the standing café table and its patrons must be within the furnishing and planting zone;

i.  meet the minimum pedestrian clearway standards in the new by-law;

j.  have no seating, chairs, shade umbrellas, fencing, partition or enclosure permitted;

k.  be stable and sturdy, and removed from the sidewalk at the time of business closing;

l.  be removed during the period between November 15 and April 14, inclusive;

m.  be designed with a lower rail or box frame so it is cane-detectable for the visually-impaired, and is see-through in visibility between the table top, the legs and bottom frame;

n.  must not present trip hazards on the sidewalk to pedestrians or patrons, such as having a base that extends out;

o.  be removed at any time for any reason as required by the City; and

p.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Curbside Café

29.  City Council permit the granting of a new category for sidewalk café permits for curbside cafés, which must have permit areas located:

a.  at the curbside in front of the applicant's establishment, unless the applicant has obtained permission for an extended curbside café;

b.  on a street with posted and operating speeds of,

i.  40 kilometres/hour or less; or

ii.  greater than 40 kilometres/hour if approved by the General Manager, Transportation Services based on a review of factors such as street context, number and width of travel lanes, traffic volumes and speeds, setbacks, and other safety-related considerations; 

c.  no less than 20 metres upstream of a transit stop and if there is no transit stop, no less than 15 metres upstream of the closest curb edge of an intersection or a pedestrian crossover;

d.  no less than 9 metres downstream of the closest curb edge of an intersection or pedestrian crossover; and

e.  be set back a minimum 0.5 metres from the curb face.

30.  City Council direct that curbside cafés must have fencing or cane-detectable planters for the visually-impaired.

31.  City Council direct that all parts of any umbrellas in a curbside café must be set back at least 0.8 metres from the curb face. Shade umbrellas may project into the pedestrian clearway to the lesser of half the umbrella's width or 1.5 metres. The umbrella's lowest edge must be at least 2.1 metres above the sidewalk surface.

Parklets

32.  City Council permit the granting of permits for parklet cafés and public paklets which must have permit areas located:

a.  only within parking spaces where there are no restrictions or prohibitions for parking, standing or stopping in effect at any time of day;

b.  on a street with posted and operating speeds of,

i.  40 kilometres/hour or less; or,

ii.  greater than 40 kilometres/hour if approved by the General Manager, Transportation Services based on a review of factors such as street context, number and width of travel lanes, traffic volumes and speeds, setbacks, and other safety-related considerations; 

c.  No less than 30.5 metres upstream of the closest curb edge of a signalized intersection;

d.  No less than 18 metres upstream of the location of a transit stop and if there is no transit stop, no less than 15 metres upstream of the closest curb edge of an unsignalized intersection or pedestrian crossover;

e.  No less than 9 metres downstream of the closest curb edge of an intersection, except where barriers such as a curb extension is present. Where a curb extension is present, the parklet may be located in a parking space adjacent to the curb extension;

f.  No less than 9 metres downstream of a pedestrian crossover;

g.  No wider than 2.0 metres in depth; and

h.  With a minimum 0.5 metre set back from the adjacent travel lane or a greater setback as determined by the General Manager, Transportation Services if considered on a street where posted and operating speeds are greater than 40 kilometres/hour.

33.  City Council direct that parklet cafés and public parklets must meet the following requirements:

a.  have a secure, stable, and safe vertical barrier along the perimeter of the parklet, except between the parklet and the sidewalk;

b.  have a vertical barrier at least 0.9 metres in height and any opaque portions of any barrier must not be greater than 0.9 metres in height, measured from the surface of the street, to preserve sight lines;

c.  include a wheel stop within the permit area at a distance of 1.2 metres from each end of the parklet platform, unless determined otherwise by the General Manager, Transportation Services; and have secure, stable and safe planters in the permit area at each end of the parklet, either freestanding or integrated with the parklet platform, to help protect the parklet from moving traffic and parking vehicles;

d.  have retro-reflective marking tape at each end of the parklet and all other parklet materials must minimize glare for drivers and cyclists;

e.  not have jersey barriers;

f.  have platform surfaces level with the sidewalk with a cross slope (from curb to outer parklet edge) of no greater than 2 percent and a running slope (along the street) of no greater than 5 percent;

g.  have a platform that is able to safely bear the weight of people and elements on the platform, and is stable, safe, slip-resistant, and accessible between the level of the sidewalk and the parklet platform, and that complies with the standards for decks, platforms and ramps set out in the Accessibility for Ontarians with Disabilities Act and the Ontario Building Code;

h.  not block stormwater drainage and overland flow;

i.  not be used as a detour of an existing sidewalk;

j.  have all parts of any umbrellas on a parklet be set back at least 0.8 metres from the parklet edge adjacent to the travel lanes and parking spaces;

k.  be removed entirely, including the platform and all related elements from the permit area, at the sole expense of the permit holder, during the period from November 15 to April 14, inclusive; and

l.  be closed to the public and removed if at any time the General Manager, Transportation Services is concerned that a parklet poses a risk to the health or safety of any person.

34.  City Council make the following changes to delegations of authority to enable parklet cafés and public parklets to be reviewed and processed efficiently:

a.  Amend Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services 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 180 consecutive days from April 15 of one year to November 15 of that same year for the purpose of permitting parklet cafés and public parklets when an applicant has been issued a permit under the new municipal code chapter established under recommendation 1;

b.  Exempt the General Manager, Transportation Services, in carrying out her authority under recommendation 34.a. above, from Section 937-5 of Chapter 937, Temporary Closing of Highways, 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; and

c.  Amend 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 under recommendation 34.a. above.

d.  City Council authorize the City Solicitor to introduce the necessary bills to give effect to the General Manager, Transportation Services's authority under recommendation 34.a. and make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the implementation of parklet cafés and public parklets.

Common Requirements for Curbside Cafés and Parklets

35.  City Council direct that permit areas for curbside cafés, parklet cafés and public parklets meet the following requirements:

a.  be located at least 3 metres from any mid-block curb ramp with tactile walking surface indicators and at least 1 metre from any driveway or laneway;

b.  not result in more than 12 metres of curbside café(s), parklet café(s) and/or public parklet(s) fronting along any block of a street;

c.  provide access between adjacent curbside cafés or parklets for pedestrians from the street to the property line that is unobstructed and at least 1.8 metres in width;

d.  have an unobstructed emergency access route, in conformance with the Ontario Building Code and Fire Code;

e.  not interfere with curbside garbage collection;

f.  not have outdoor food preparation;

g.  not have any enclosures, structures, or visual screens;

h.  not be adjacent to, or in a location that interferes with, transit stop zones, taxi zones and/or loading zones; and

i.  meet minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Requirements for All Sidewalk Café Elements

Minimum Separation Distances

36.  City Council direct that all elements in a sidewalk café permit area, including fixed and portable sidewalk café elements, must meet the minimum separation distances set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

Visual Screens

37.  City Council direct that permit holders for a frontage café located on a local road have a visual screen on the edge of the permit area facing any residential area and that the visual screen meet the following requirements:

a.  have a maximum height of 1.8 metres; and

b.  not be installed in a permit area if the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services determines the visual screen poses a risk to the safety of any member of the public or obscures a traffic control sign or heritage building feature or sightlines for transit safety and operations.

Fences, Frontage Cafés and/or Curbside Cafés

38.  City Council direct that a permit holder must provide fencing in accordance with the requirements in the by-law if the proposed permit area is located on an arterial or collector road, and is a frontage and/or curbside café.

39.  City Council direct that fencing is not permitted on any small frontage cafés and small curbside standing café; and that frontage cafés on local roads are not required to provide a fence but must have cane-detectable planters or elements at each end of the permit area, not the entire perimeter of the permit area.

40.  City Council direct that any fencing installed in a frontage and/or curbside permit area on an arterial or collector road must be:

a.  easily removable and located on the perimeter of the permit area;

b.  at least 1.2 metres from any fire hydrant;

c.  designed so that pumper or fire department (Siamese) connections on adjoining buildings are clearly visible and directly and easily accessible from the street, and the location of access openings in the fence shall be satisfactory to the Fire Chief and the Executive Director, Municipal Licensing and Standards;

d.  curved or angled at a street corner where the frontage café extends around the corner to accommodate unimpeded pedestrian movement;

e.  designed to provide detectability for the visually-impaired by including at least one of the following features:

i.  lower rail height between 75mm and 150mm above the sidewalk surface with a contrasting colour to the sidewalk; or

ii.  planter boxes with a detectable base that are spaced no more than 0.3 metres apart from each other except for the entrance.

f.  no shorter than 0.9 metres and no taller than 1.2 metres for the height of the top rail of the fence or top of the opaque part of planters and plants;

g.  no taller than 0.9 metres in height for all opaque parts of the fence or planters with plants within 30 metres of any intersection to maintain sightlines;

h.  self-supporting or supported by removable plates attached to the paved surface of the permit area so long as no parts of the fence create a trip hazard and do not project beyond the limits of the permit area;

i.  not penetrating the surface of the sidewalk with footings other than bolt attachments; and

j.  not be attached to properties on the Heritage Register, street trees, street furniture, or utilities/services.

Surface Grading and Paving

41.  City Council direct that a permit holder shall pave and maintain any portion of the sidewalk or boulevard to be used for the purpose of the sidewalk café or marketing display to the satisfaction of the General Manager, Transportation Services where the surface of the sidewalk is deemed by the General Manager, Transportation Services to require surface grading and/or paving, such as the conversion of sod or grassy boulevards to concrete, or an uneven surface to a level surface.

Retractable Cafés and Displays

42.  City Council authorize the Executive Director, Municipal Licensing and Standards to require a permit holder to remove and relocate any fence, white cane-detectable planters and/or any other elements within the permit area on a daily basis at times specified by the General Manager, Transportation Services to comply with time-of-day pedestrian clearway requirements determined by the General Manager, Transportation Services.

Decks

43.  City Council direct that:

a.  Decks are never to be installed without the permit holder first obtaining permission for the installation of the deck from the Executive Director, Municipal Licensing and Standards and the Chief Building Official.

b.  Decks are only permitted on frontage cafés on a local road where the sidewalks exceed a slope of 5 percent or special accommodation is being made to protect mature trees.

44.  City Council direct that decks on frontage café permit areas meet the following requirements:

a.  not be higher than what is required to accommodate a level area and the deck framing members which shall be the minimum depth required to achieve a level area;

b.  have a skirt or screen wherever there is a gap or opening between the surface of the sidewalk and the bottom boards of the deck;

c.  not be physically attached to the street;

d.  comply with the Accessibility for Ontarians with Disabilities Act and the Ontario Building Code;

e.  provide a break in the railing of a minimum width of 1 metre at the high side of the slope to provide wheelchair access;

f.  not be constructed over existing utilities such as hydro vaults, chambers, maintenance holes, etc., except with prior written approval given by the relevant utility or service;

g.  not impede sidewalk or roadway drainage;

h.  be removed by a permit holder to the satisfaction of the Executive Director, Municipal Licensing and Standards upon 30 days' notice at the expense of the permit holder if the Executive Director, Municipal Licensing and Standards provides notice to the permit holder to do so.

Common Requirements for Sidewalk Cafés and Marketing Displays

45.  City Council direct the following conditions to apply to sidewalk cafés and marketing displays at all times:

a.  Permit holders shall not use the permit area in whole or in part for any purpose other than the operation of a sidewalk café or marketing display, as applicable, in accordance with the by-law.

b.  The permit holder shall not use the permit area for storage of any café elements, in the case of a sidewalk café permit.

Seasonal Operation

46.  City Council direct frontage sidewalk cafés and marketing displays be permitted on a sidewalk year-round when the following additional conditions are met:

a.  The café or marketing display is located against the building wall of the associated establishment;

b.  The minimum pedestrian clearway requirement is met;

c.  The permit holder provides snow and ice clearing and removal for the pedestrian clearway adjacent to the permit area in accordance with applicable City standards;

d.  The permit holder applies salt and sand to the pedestrian clearway adjacent to the permit area in accordance with applicable City standards; and

e.  The permit holder does not use the permit area for the storage of snow.

47.  City Council direct that all sidewalk café and marketing display permit holders with permit areas not located against the building wall of an associated establishment remove all elements including fencing from the permit area, at the sole expense of the permit holder, from November 15 to April 14, inclusive.

Operational Requirements for Sidewalk cafés and Public Parklets

Hours of Operation

48.  City Council direct that if the permit area is located on a local road, a permit holder must ensure that the sidewalk café is closed and cleared of customers by 11:00 p.m. or, for any sidewalk café, in accordance with the alternative hours of operation imposed by Community Council for the permit area.

49.  City Council delegate authority to Community Councils for final decisions to impose temporary or permanent alternative operating hours on sidewalk café permit holders, except for special events, where City Council will retain the ability to set alternative hours under subsection 62.1(1) of the Liquor Licence Act.

Amplified Sound

50.  City Council direct that sidewalk café permit holders meet the following requirements in regards to amplified sound:

a.  No amplified sound is permitted on any sidewalk café.

b.  Doors and windows of an establishment associated with a permit area must be closed if the establishment has interior music or amplified sound.

51.  City Council direct that amplified sound on a curbside café, parklet café, or public parklet be allowed only if the permit holder has obtained a street event permit under Chapter 743, Streets and Sidewalks, Use of.

Radiant Heater

52.  City Council direct that radiant heaters only be permitted on frontage cafés, and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards and complies with the following requirements:

a.  An application site plan must be submitted to the Executive Director, Municipal Licensing and Standards showing the location and specifications of the proposed heating unit.

b.  Permit holders that operate a radiant heater on the permit area must ensure the radiant heater is:

i.  certified for outdoor use;

ii.  certified by and installed according to guidelines of the Standards Council of Canada; 

iii.   installed in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards;

iv.  installed and operated in conformity with the manufacturer’s instructions and specifications, including clearance from combustible materials; and

v.  inspected by a representative of the energy provider and a copy of the inspection certification must be provided to the Executive Director, Municipal Licensing and Standards.

Portable Propane Heater

53.  City Council direct that propane heaters only be permitted on frontage cafés, parklet cafés and public parklets and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets.

54.  City Council direct that an application site plan be submitted to the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of parklets, and show the location and specifications of the proposed heating unit.

55.  City Council direct that a permit holder that operates a portable propane heater must:

a.  Install and operate the portable propane heater in conformity with the manufacturer's instructions and specifications, including clearance from combustibles and securing the portable propane heating unit to the permit area utilizing the manufacturer’s listed parts.

b.  Install the portable propane heater in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards.

c.  Comply with the requirements as set out in Technical Standards and Safety Act, 2000 Ontario Regulation 211/01 Propane Storage and Handling.

d.  Provide evidence satisfactory to the Executive Director, Municipal Licensing and Standards respecting completion of a training course in the use of propane by all persons intended to be operating the propane unit on the permit area.

Barbecue

56.  City Council direct that barbecues only be permitted on frontage cafés on local roads and only if the permit holder obtains prior written approval from the Executive Director, Municipal Licensing and Standards and complies with the following requirements:

a.  An application site plan must be submitted to the Executive Director, Municipal Licensing and Standards and show the location and specifications of the proposed barbecue.

b.  A permit holder that operates a barbeque must install the unit in accordance with the location and specifications of the site plan approved by the Executive Director, Municipal Licensing and Standards.

c.  A permit holder that operates a barbecue must maintain a clearance of at least 1.2 metres between any barbeque and café seating areas or any added heat sources (e.g. radiant or propane heaters), and the clearance shall be defined by a portable physical barrier made of a fireproof material, with dimensions of not less than 1.2 metres in width and 2 metres in height.

57.  City Council direct that any heating unit must be located on the permit area in a way that does not present a hazard to sidewalk café patrons, pedestrians or vehicles; and directs heat waves away from any trees or landscaping.

Extended Marketing Display or Sidewalk Café

58.  City Council allow permit areas to extend across the front of an adjacent establishment, or across the curbside area or parking area of the adjacent establishment in the case of a parklet café, provided the permit holder obtains consent for an extended frontage from the Executive Director, Municipal Licensing and Standards in accordance with the by-law.

59.  City Council direct that applicants proposing an extended frontage, as part of their applications, provide a letter of consent from the adjacent property owner across whose area the frontage will extend to the satisfaction of the Executive Director, Municipal Licensing and Standards.

60.  City Council direct that any adjacent property owner that wants to revoke their consent for an extended frontage must provide written notice to the Executive Director, Municipal Licensing and Standards and the permit holder at least 45 days in advance of the permit renewal, and the revocation of the extended portion of the permit area will occur at the time of permit renewal.

Marketing Display Requirements

61.  City Council direct that a permit holder for a marketing display must meet the following requirements:

a.  be the owner or the occupant of the ground floor premises adjoining the permit area;

b.  provide a minimum separation of one metre from the closest part of the permit area to any entrance to a dwelling unit that may be located on a local road within an adjacent building or within the building containing the ground floor premises adjoining the permit area;

c.  not erect any enclosures around the permit area;

d.  limit the placement and display of materials and merchandise to a height that is easily accessible for patrons standing on the sidewalk surface;

e.  not place or display or allow the placement or display of any materials outside of the permit area;

f.  not play or emit amplified sound or live music in any permit area;

g.  ensure that marketing display stands that come into direct contact with food must be corrosion resistant and non-toxic; free from cracks, crevices and open seams; and the bottom of the marketing display stand is placed no less than fifteen centimetres above ground; and

h.  ensure that any screens or fencing in the permit area is temporary in nature, of suitable and uniform materials, kept in good repair, in a safe condition, and free from hazards including trip hazards, and provides accessibility and detection for the visually-impaired.

i.  meet any minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Small Marketing Display

62.  City Council permit owners and occupiers of land adjoining the street to maintain small marketing displays as permitted encroachments on the sidewalk provided that the General Manager, Transportation Services is satisfied that the encroachment conforms to the following criteria:

a.  be located against the building wall of the associated establishment, face the street, and not extend across a neighbouring frontage;

b.  extend no further than 0.8 metres out from the building wall of the associated establishment and can have a maximum width that is the lesser of 5.5 metres across the building frontage or the width of the associated establishment frontage;

c.  the pedestrian clearway adjacent to the small marketing display must meet the minimum pedestrian clearway standards set out in the by-law and the pedestrian clearway must be maintained unencumbered at all times;

d.  all marketing display stands and goods must be removed from the permit area at the end of each day at the time of business closing;

e.  shade umbrellas, fencing, railings, partitions or enclosures of any kind are not permitted on a small marketing display area; and

f.  meet any minimum separation distances to utilities or public infrastructure set out in Attachment 6 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services, that may be required for safety, operations and maintenance as determined by the General Manager, Transportation Services.

Requirements for Café and Marketing Awnings

63.  City Council direct that the placement of awnings or similar temporary installations be permitted only over the permit area of frontage cafés or marketing displays in accordance with the requirements of the new by-law.

64.  City Council direct that a permit holder seeking to erect an awning or similar temporary installation over the permit area may not apply for a canopy or awning under section 743-14 of Chapter 743, Streets and Sidewalks, Use of, but instead must receive prior approval from the Executive Director, Municipal Licensing and Standards after supplying the following information prior to the installation of any awning or similar temporary installation:

a.  Certificate of Fireproof rating for the awning or similar temporary installation;

b.  site plan details showing the location of the awning or similar temporary installation;

c.  mechanical specifications for framing;

d.  mounting and materials used;

e.  applicable permit approvals from the Chief Building Official;

f.  applicable permit approvals from City Planning, Heritage Preservation Services if the proposed installation is being attached to a building on the Heritage Register; and

g.  any other information required by the Executive Director, Municipal Licensing and Standards.

65.  City Council direct that any awning framework, awning, curtain, canopy, fabric or similar sail goods material used in an awning or similar temporary installation must be:

a.  at least 2.1 metres above the level of the street or sidewalk;

b.  in conformity with CAN/ULC-S109, Flame Tests of Flame-Resistant Fabrics and Films; and

c.  in conformity with the Ontario Building Code.

66.  City Council direct that the permit holder must pay in advance of erecting any awning or similar temporary installation the fee specified in Chapter 441, Fees.

Requirements for Sidewalk Café and Marketing Lighting

67.  City Council direct that lighting related to the permit area must meet the following requirements:

a.  comply with all applicable safety standards and codes;

b.  consist of temporary fixtures and be removed from November 15 to April 14, inclusive, if not meeting conditions for year-round operation;

c.  be directed into the permit area to avoid casting glare on passersby and nearby properties;

d.  not have any power cables or lighting elements run on or over the pedestrian clearway;

e.  not be attached or affixed to street elements, street trees or utilities; and

f.  must obtain its power from a private source or from a Business Improvement Area where permission has been granted.

Maintenance, Cleanliness and Orderliness Requirements

68.  City Council direct that all permit holders are required at all times and at their own expense to:

a.  maintain all portions of the permit area and the street around the permit area in clean and sanitary condition, including sweeping, clearing and removing all debris and cigarette butts;

b.  keep any objects and furnishings associated with the permit in good and proper repair and condition, including the immediate removal of all graffiti; and

c.  pay all utility, service, infrastructure or other rates, fees and charges that are incurred due to the operation of the permit.

Temporary A-frame Signs

69.  City Council authorize the City Solicitor to amend Chapter 693, Signs, and any other necessary by-laws to prohibit any location where a small frontage café or small marketing display has been installed, and where the building frontage is 6-metres or less, to hold a Temporary A-frame sign permit; and/or erect a Temporary A-frame sign on the sidewalk.

Reduction or Relocation of Permit Area

70.  City Council authorize the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets, to direct the permit holder to reduce the size of the permit area or relocate the permit area at any time if, in the opinion of the Executive Director, Municipal Licensing and Standards, the permit area poses a risk to the health or safety of any person, and where the reduction or relocation terminates the risk to the health and safety of any person, to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services.

71.  City Council authorize the Executive Director, Municipal Licensing and Standards, or the General Manager, Transportation Services in the case of public parklets, to amend the size and/or location of all permit areas along a street, if the street is subject to substantial reconstruction and/or redesign, in order to satisfy the pedestrian clearway requirements of the new by-law following reconstruction.

72.  City Council direct that where a permit area is reduced, the Executive Director, Municipal Licensing and Standards shall refund the permit holder the pro-rated portion of the annual permit fee applicable to the reduced area by square metre to each remaining day in the permit term.

Temporary Removal of Installations for Civic Works or Emergencies

73.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet, to require the temporary removal of sidewalk café and marketing installations due to planned street improvements and/or civic works.

74.  City Council direct that any installation can be removed within the permit area without notice in the case of an emergency.

75.  City Council direct that, where a permit is cancelled due to an emergency, planned street improvement or civic works, the Executive Director, Municipal Licensing and Standards shall refund the permit holder the pro-rated portion of the annual permit fee applicable for each remaining day in the permit year. 

Enforcement

Inspections, Orders and Remedial Actions

76.  City Council authorize the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services to conduct inspections, issue orders for compliance, take remedial action, and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006 for non-compliance with the by-law or any former by-law.

Offences and Penalties

77.  City Council direct that anyone who contravenes any provision of the by-law or an order issued under the by-law is guilty of an offence and upon conviction is liable to a fine of no more than $100,000.

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

79.  City Council direct that anyone who contravenes any provision of the by-law may be subject to fines for continuing and multiple offences and special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the by-law.

80.  City Council direct that the owner of the adjoining property shall ensure that no sidewalk café, public parklet, or marketing display contravenes a provision of the by-law or any former by-law.

Permit Cancellation by Community Council

81.  City Council delegate authority to Community Councils to revoke a permit and cancel permission for the use of any portion of the sidewalk or street at any time and for any reason.

82.  Where Community Council is considering revocation of a permit, City Council direct that the affected permit holder receive notice of the item on the agenda and be allowed to speak to the matter before Community Council makes its decision.

83.  A permit holder is not eligible to re-apply for a sidewalk café or marketing permit for one year following revocation by Community Council.

Permit Cancellation by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services

84.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services in the case of public parklets, to revoke a permit, without reporting to Community Council, if:

a.  the annual permit fee has not been paid 90 days after the payment due date;

b.  it is determined that the permit was obtained through the submission of false, misleading or fraudulent information;

c.  the permit holder has failed to remove all the café or marketing elements from the sidewalk or street within thirty days of receiving notice in writing from the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet, instructing the permit holder to remove all elements from the sidewalk or street;

d.  the associated property lacks the applicable business licence; or

e.  the associated property is demolished, substantially altered and/or subject to redevelopment.

85.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder a written notice of the permit revocation, describing the information that the City has to justify the cancellation.

Temporary Seasonal Permit Suspension by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services: No report required to Community Council

86.  City Council delegate authority to the Executive Director, Municipal Licensing and Standards to immediately suspend permission for the use of the sidewalk or street, without reporting to Community Council, if they have reason to believe that the permit holder has not complied with the Common Requirements for Sidewalk Cafés and Marketing Displays outlined in recommendations 45, 46, and 47 in the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services. The suspension shall last until the next April 14.

87.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder with a written notice of the temporary seasonal permit suspension, describing the information that the City has to justify the temporary suspension.

88.  City Council direct that no sidewalk café or marketing activities or elements, including fencing, be allowed in the permit area during the temporary seasonal permit suspension.

Permit Suspension by Executive Director, Municipal Licensing and Standards and General Manager, Transportation Services: report required to Community Council

89.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of public parklets, to immediately suspend permission for the use of the sidewalk or street for a period of 30 days or until such time as the item can be considered by Community Council if:

a.  in the opinion of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, a reduction in permit area has not terminated a risk to public health and safety;

b.  the provisions of the permit agreement are being violated by the permit holder;

c.  the permit holder is conducting activity in such a way that would infringe on the rights of other members of the public; or

d.  the permit holder has violated any law or by-law.

Actions following a permit suspension, excluding temporary seasonal suspension

90.  City Council direct that following the issuance of a permit suspension under recommendation 89, the Executive Director, Municipal Licensing and Standards shall forward a report to Community Council with the following:

a.  a summary of the reason for the suspension;

b.  the recommendation for a review of the permit conditions, including but not limited to operating hours, or revocation of the permit.

91.  City Council direct the Executive Director, Municipal Licensing and Standards to provide the permit holder with a written notice of the permit suspension, describing the information that the City has to justify the suspension.

92.  City Council direct the City Clerk to notify the affected permit holder of the hearing date at the Community Council and the permit holder will be given the opportunity to speak to the matter to the appropriate Community Council.

93.  City Council direct that no sidewalk café or marketing activities or elements be allowed in the permit area during the permit suspension.

94.  City Council authorize the Executive Director, Municipal Licensing and Standards to recover the permit notice displayed on the street door or in the lower front window of the adjoining business during the period of time when the permit has been suspended, or permanently in the case of a cancellation; and direct that no person shall display a permit that has been cancelled or is otherwise invalid.

Responsibilities of Permit Holder

95.  City Council direct that, within 30 days after receiving written notice about a permit cancellation, reduction, relocation, or temporary removal due to planned street improvements, civic works, or permit suspension, the permit holder must:

a.  remove all equipment, furnishings and personal property from the sidewalk or street at his or her own expense; and

b.  replace and restore the sidewalk or street to a safe and proper condition to the satisfaction of the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services, in the case of a public parklet.

96.  City Council direct that the permit holder cannot make any claim against the City on account of the removal.

97.  City Council authorize, if following the 30 days' notice the permit holder has not undertaken the necessary removal actions, the Executive Director, Municipal Licensing and Standards, or General Manager, Transportation Services in the case of a public parklet, to undertake any work necessary to remove all equipment, furnishing and personal property from the sidewalk or street and restore them to a safe and proper condition.

Seizure of Goods

98.  City Council authorize the Executive Director, Municipal Licensing and Standards or the General Manager, Transportation Services to move, take, or store a permit holder's sales goods or café elements and any other things placed or installed in the permit area in accordance with the Repair and Storage Liens Act where a permit holder is in contravention of the new by-law.

99.  City Council authorize the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services to charge the costs of the removal and storage to the permit holder and/or owner and/or recover those costs by adding them to the tax roll and collecting them in the same manner as property taxes.

100.  City Council direct that any seized goods or café elements that remain unclaimed after 60 days from the date of seizure become the property of the City and can be sold.

101.  City Council direct that any seized perishable object or refreshment become a property of the City upon removal and can be disposed of immediately.

Transition of Existing Permit Holders

102.  City Council direct that existing permit holders can continue to operate under the terms and conditions of their approved permit and agreement with the City as of the day before the by-law comes into force, except for the following requirements whereby existing permit holders must comply with the by-law immediately upon its coming into force:

a.  permit renewal; permit requirements; permit transfer; amending a permit area; common requirements for sidewalk cafés and marketing displays; seasonal operation excluding the minimum pedestrian clearway; radiant heater; portable propane heater; height limitation on the display of marketing materials and merchandise; reduction or relocation of permit area; temporary removal of installations for civic works or emergencies; enforcement; responsibilities of permit holder; seizure of goods; and fees.

103.  City Council direct that any complete application for a sidewalk café or marketing display received before September 1, 2019 will be processed under the applicable by-law as it existed prior September 1, 2019 and appeals made in relation to that application will also be processed under the former by-law.

Fees  

104.  City Council amend Municipal Code, Chapter 441, Fees and Charges, to include the new fees for sidewalk cafés, public parklets and marketing displays set out in Attachment 1 to the report (February 20, 2019) from the Executive Director, Municipal Licensing and Standards and the General Manager, Transportation Services.

105.  City Council direct the Executive Director, Municipal Licensing and Standards to phase in any permit fee increases for existing sidewalk café and marketing display permit holders equally over a ten (10) year period starting on September 1, 2019.

106.  City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Chief Financial Officer, to bring forward as part of the annual budget process, updated permit fees for sidewalk cafés and marketing displays that reflect the annual increase that will result from recommendation 105.

107.  City Council direct the Executive Director, Municipal Licensing and Standards to apply any resulting permit fee decreases for existing sidewalk café and marketing display permit holders at the time of the first permit renewal following September 1, 2019.

108.  City Council direct the Executive Director, Municipal Licensing and Standards to cease applying the phase in of any remaining permit fee increases arising through recommendation 105, for any existing permit holder convicted under the by-law or a former by-law, and instead apply the permit fee that would otherwise apply to a new permit holder, to take effect at the next renewal date for that permit.

109.  City Council direct new sidewalk café applicants to pay a one-time $650 tree planting fee when:

a.  a new permit is approved at a location where there is a soft, unpaved boulevard; and,

b.  Urban Forestry has determined that the proposed use (sidewalk café) would limit the ability to plant a tree.

110.  City Council direct that a tree planting fee will not be collected if:

a.  there is no available space to plant a tree;

b.  there is already a tree at the proposed sidewalk café location;

c.  the application is for a marketing display or parklet café.

111.  City Council direct that the non-refundable fee of $650 collected for tree planting be contributed to the Tree Canopy Reserve (XR1220) at the end of every fiscal year to ensure actual revenues collected are available to expand the tree canopy and facilitate long term planning. 

112.  City Council direct that small frontage cafés, small curbside standing cafés, and small marketing displays shall not be required to submit an application or pay any permit or encroachment fee, but shall, at the expense of the owner or occupant maintaining the encroachment adjacent to their property, pursuant to Municipal Code Chapter 743, Streets and Sidewalks, Use Of, and to the satisfaction of the General Manager, Transportation Services, maintain all café or marketing elements in a state of good repair.

Implementation

113.  City Council increase the Approved 2019 Operating Budget for Transportation Services by $228,333 gross and $0 net, fully recovered from Municipal Licensing and Standards and the Public Realm Reserve Fund, for addressing pedestrian clearway issues on main streets where pedestrian volumes are highest and the hiring of three (3) new temporary positions for enhanced application review, processing and business support to new / existing permit-holders and delivery of new design support services. These temporary positions will be considered for conversion to permanent staff as part of the 2020 budget process.

114.  City Council increase the Approved 2019 Operating Budget for Municipal Licensing and Standards by $155,333 gross and $0 net, for program restructuring to fund the hiring of one (1) new temporary position in Municipal Licensing and Standards for the intake and processing of applications and issuance of permits and including the transfer of funds to Transportation Services to deliver design review and support to new / existing permit-holders. The temporary position will be considered for conversion to permanent staff as part of the 2020 budget process.

115.  City Council direct that the new municipal code chapter and any related or necessary by-law amendments come into effect on September 1, 2019.

116.  City Council authorize the City Solicitor to make stylistic and technical changes in the drafting of the by-law and any related and necessary amendments to existing by-laws including but not limited to Chapter 441, Fees; Chapter 743 Streets and Sidewalks; and Chapter 693 Signs, as a result of the adoption of the new by-law.

117.  City Council authorize the City Solicitor to make and submit any amendments to repeal the former by-laws at a future date.

118.  City Council request the Executive Director, Municipal Licensing and Standards to report back to the Economic and Community Development Committee in the third quarter of 2020 on compliance with the new Toronto Municipal Code Chapter for "sidewalk cafés, public parklets, and marketing displays" by-law between November 15, 2019 and April 14, 2020 with regard to permits issued to sidewalk cafés under the new by-law, including compliance with café animation, sidewalk maintenance and the number of permit suspensions issued due to non-compliance with permit conditions between November 15 and April 14 and the feasibility of separate seasonal and year round boulevard café permit fees.

119.  City Council direct the General Manager, Transportation Services, to seek opportunities to develop coordinated street block plans to improve pedestrian and accessibility conditions as part of the design support work to implement the new by-law such as with business improvement area streetscape plans or environmental assessment study projects.

120.  City Council direct the Executive Director, Municipal Licensing and Standards to include in the open data set for patio and marketing display permits that a patio or marketing display permit has been grandparented.

This report proposes a new harmonized by-law and fees for sidewalk cafés, parklets and marketing displays in Toronto. Sidewalk café has the same meaning as boulevard café in this report and its recommendations. A harmonized by-law will ensure that consistent application and processing standards are applied across the city. This report builds on a December 2017 report recommending a harmonized by-law. Major changes in this current report include a reduced application fee, reduced fee for tree planting, revised option for year-round cafés, and elimination of a proposed 2025 deadline for all permits to comply with the new by-law's pedestrian clearway standards.

The Sidewalk Café by-laws that are in effect today were enacted by the former municipalities of Toronto prior to amalgamation. The lack of consistency from this is a challenge to administer and enforce on a uniform basis; can confuse the public who view these inconsistencies as frustrating and inefficient; and does not foster a progressive business climate. Creating consistent city-wide standards that reflect the current accessibility needs of the public and which are responsive to the city's growing population and business environment are primary goals of this project. Updating the standards will optimize opportunities for enhancing local vibrancy. Specific objectives and implementation points of the proposed harmonized by-law for sidewalk cafés, public parklets, and marketing displays follow.

Enhancing pedestrian movement and accessibility

-  New pedestrian clearway requirements respond to the context of different street types (i.e., a minimum 1.8 metre for local roads, 2.1 metre for arterial and collector roads, and 2.5 metre on specified Downtown Toronto streets)

-  New accessibility requirements such as cane-detectable features will improve mobility for the visually-impaired (i.e. fencing or planters)

-  Public parklets, which are public spaces installed in parking lanes, will provide more places for people to sit, relax and enjoy the city

Enhancing Toronto's business climate

-  New café configurations, such as parklet cafés and curbside cafés, provide additional opportunities for commerce in more areas of the city

-  Small café types, such as a storefront bench, will be permitted as-of-right, with no requirement for a permit, no application, and no fees

-  Consistent city-wide regulations and processes will improve clarity in terms of regulatory compliance

-  New opportunities for winter café operations will be allowed for businesses.

Updated Fees

This report recommends updated application fees and permit fees for sidewalk cafés and marketing displays. The application fee review was undertaken in accordance with the City of Toronto User Fee Policy, and has a foundation in cost recovery. The permit fee is an annual fee that a business pays to use public space for commercial purposes. The recommended permit fees have a foundation in market value, and have been significantly discounted to reflect the value that sidewalk cafés add in terms of street animation and economic development. Additional discounts are recommended for sidewalk cafés and displays that are located in areas classified as Neighbourhood Improvement Areas; and in Kensington Market, which is a National Historic Site of Canada, where marketing displays are formally recognized heritage attributes.

Implementation

The proposed harmonized by-law will be implemented in a manner that provides certainty to the business community and which secures gradual improvements to the pedestrian realm over time.

-  Increases in fees for existing permit holders will be phased in over 10-years

-  Proposed permit fees will not be subject to inflationary increases for the next 10 years

-  Existing permits will be "grandparented" and brought into compliance with the harmonized by-law over time, when the permit is transferred to someone else; when the street that the business is located on is reconstructed; or when an existing permit holder applies to amend the size of their permit area (for example, by adding a new curbside café).

-  Design support and funds will be available to help existing permit holders on main streets to comply with the new by-law. Funds may be used to relocate or modify some street elements (i.e. bike rings) as one approach to enhance accessibility.

Consultation and Collaboration

The harmonized by-law is a multi-divisional initiative. Internal divisions and external agencies consulted in the preparation of the report include Economic Development and Culture, City Planning, Legal Services, City Clerks, Solid Waste Management, Toronto Building, Toronto Fire Services, Toronto Public Health, Parks, Forestry and Recreation, Corporate Finance, Toronto Parking Authority (TPA), Toronto Transit Commission (TTC), Toronto Public Utilities Coordination Committee, and the Alcohol and Gaming Commission of Ontario (AGCO).

The harmonized by-law reflects over 4 years of consultation with stakeholders and members of the public, which included 14 public meetings, 19 stakeholder meetings and an online survey. Overall, staff collected feedback from approximately 850 residents, 390 business owners, and other stakeholders including Business Improvement Areas, accessibility advocates, design professionals, and the Toronto Accessibility Advisory Committee.

The Economic and Community Development Committee recommends that:  

1.  City Council authorize the Fire Chief and General Manager, Toronto Fire Services, to negotiate and enter into agreements with the Ontario Office of the Fire Marshal and Emergency Management (OFMEM) for the establishment, operation of, and funding support for specialized response teams including Heavy Urban Search and Rescue (HUSAR) and Chemical, Biological, Radiological, Nuclear or Explosive (CBRNE) teams ("HUSAR/CBRNE teams") in Toronto and throughout the Province of Ontario, on terms and conditions satisfactory to the Fire Chief and General Manager, Toronto Fire Services and in a form satisfactory to the City Solicitor.

2.  City Council authorize the Fire Chief and General Manager, Toronto Fire Services to execute and submit on behalf of the City any documents related to Provincial funding support for the City's HUSAR/CBRNE teams, required by the agreement with the Ontario Office of the Fire Marshal and Emergency Management (OFMEM).

This report requests City Council authorize the Fire Chief and General Manager, Toronto Fire Services, to negotiate and enter into agreements with the Ontario Office of the Fire Marshal and Emergency Management (OFMEM) for the continued funding support of Heavy Urban Search and Rescue (HUSAR) and Chemical, Biological, Radiological, Nuclear or Explosive (CBRNE) teams.

Since 2002, the City of Toronto has been in receipt of funding provided by the OFMEM on an annual basis for the provision of both HUSAR and CBRNE teams. These teams are comprised of specially trained emergency responders, all of whom are employed by or contracted to provide services to the City. The City's HUSAR and CBRNE teams are also available to respond to large-scale or complex natural or human-caused incidents anywhere in Ontario in support of the Provincial Mutual Aid Plan on a cost-recovery basis.

The Economic and Community Development Committee recommends that:  

1.  City Council approve allocations for the following Community Investment Funding (CIF) program, Community Events as recommended in Appendix A to the report (February 15, 2019) from the Executive Director, Social Development, Finance and Administration, from the 2019 Approved Operating Budget for Social Development, Finance and Administration:

-  Total funding of $370,596 to twenty-five (25) community organizations for the Community Events grant stream;

-  Funding up to a total of $54,404 be held for Appeals for Community Events grant stream.

2.  City Council authorize the Executive Director, Social Development, Finance and Administration, to allocate, issue and enter into agreements for up to $120,000 for a one-time capacity building grant to support Community Service Partnership (CSP) funded organizations to fully meet CSP eligibility requirements and be able to apply for funding later this year in the next funding cycle (2019-2022)
 

3.  City Council authorize the Executive Director, Social Development, Finance and Administration to re-allocate or approve and disburse one-time grants to Council-approved Community Investment Funding grant programs in 2019.

4.  City Council request the Executive Director, Social Development, Finance and Administration to report back to the Economic and Community Development Committee on the grants approved through delegated authority as part of the 2020 grants allocation recommendations report.

This report recommends the following 2019 allocations for Community Events in the Community Investment Funding (CIF) program. Twenty-five (25) proposals are recommended for funding by a grant review panel for a funding total of $370,596 and a total of $54,404 be held for Appeals.

The balance of the 2019 funding for Community Projects ($1,000,000) is being allocated to the seven (7) organizations funded in 2018 in the Rapid Response Youth Gun Violence Prevention and Intervention Grant as well as three (3) additional grantees who were recommended for funding in the grant call but did not receive an allocation due to insufficient funding.

Additionally, a one-time capacity building grant is recommended to support Community Service Partnership (CSP) funded organizations to fully meet CSP eligibility requirements and be able to apply for funding later this year in the next funding cycle (2019-2022).

Appendix C provides the list of reallocations and grants made through the delegated authority of the Executive Director, Social Development, Finance and Administration.

Grants help the City of Toronto achieve its social, economic and cultural goals for its residents. The City's goals are better achieved by supporting the work of organizations that are closer to the communities they serve.

The Economic and Community Development Committee recommends that:

1.  City Council designate, based on the poll results respecting the intention to designate the Little Portugal On Dundas Business Improvement Area (BIA), the area described by Attachment 1 to the report (February 12, 2019) from the General Manager, Economic Development and Culture, as the Little Portugal On Dundas Business Improvement Area (BIA), under the Toronto Municipal Code, Chapter 19, Business Improvement Areas.

2.  City Council authorize the existing Dundas West and Little Portugal BIAs boards of management to remain in place and to continue with ongoing programming until the board of management for the new Little Portugal On Dundas BIA is established and a new budget is approved.

3.  City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment 1 to the report (February 12, 2019) from the General Manager, Economic Development and Culture, as the Little Portugal On Dundas BIA.

4.  City Council approve those amendments necessary to Schedule A of the Toronto Municipal Code, Chapter 19, Business Improvement Areas, to include the Little Portugal On Dundas BIA.

The purpose of this report is to recommend that the area shown in Attachment No. 1 be designated as the Little Portugal On Dundas Business Improvement Area (BIA).

In accordance with the Toronto Municipal Code, Chapter 19, Business Improvement Areas, the City Clerk conducted a poll to determine if there is sufficient support to designate the area as the Little Portugal On Dundas BIA.  The area is generally along Dundas Street West, between Shaw Street and the Canadian National Railway rail tracks west of Lansdowne Avenue.  The City received a sufficient number of ballots to validate the poll and the majority of accepted ballots were in favour of establishing a BIA.

The proposed new Little Portugal On Dundas BIA represents the merger of the existing Dundas West and Little Portugal BIAs as shown in Attachment No. 2.  Further steps to transition from two (2) separate BIAs to one (1) BIA, including continuity of activities and the transfer of assets and liabilities, are also described in this report.

Council's approval of the Little Portugal On Dundas BIA boundary, represented by the Dundas West and Little Portugal BIAs boundaries, will result in a reduction of the number of the City's BIAs from eighty-three (83) to eighty-two (82).

The Economic and Community Development Committee recommends that:  

1.  City Council adopt and certify the 2019 recommended expenditures and levy requirements of the following Business Improvement Areas:

This report brings forward Business Improvement Area (BIA) annual operating budgets for approval by City Council as required by the City of Toronto Act, 2006.  City Council approval is required to permit the City to collect funds through the tax levy on behalf of the BIAs.

Complete budgets and supporting documentation received by February 1, 2019 have been reviewed and are reported here. Of the 83 established BIAs, 47 BIA budgets are submitted for approval in this report, 28 BIA budgets were approved by Council on January 30, 2019, and 1 BIA, Historic Queen East, is inactive.

The recommendations in this report reflect 2019 Operating Budgets approved by the respective BIAs’ Boards of Management and General Membership, and have been reviewed by City staff to ensure the BIA budgets reflect Council’s approved policies and practices.

The Economic and Community Development Committee recommends that:

1.  City Council receive the report (February 19, 2019) from the General Manager, Economic Development and Culture for information.

The attached Toronto Economic Bulletin summarizes the most recent data available for key economic indicators benchmarking the city's economic performance.

The Economic and Community Development Committee recommends that:  

1.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into a Contribution Agreement with Employment and Social Development Canada or related entity necessary for the receipt and expenditure of funding under the Reaching Home funding program and to undertake appropriate measures as the program proceeds to adjust program parameters, recipients and year end funding among program components as required to ensure full and effective use of available federal funds, on such terms and conditions as are satisfactory to the General Manager, Shelter, Support and Housing Administration, and in a form approved by the City Solicitor.

2.  City Council approve the receipt of the new Reaching Home program funds for provision of homelessness and housing support services under Canada's Homelessness Strategy, in line with the terms and conditions of the Contribution Agreement and any related directives or program guidelines.

3.  City Council increase the Approved City Operating Budget for Shelter, Support and Housing Administration by $1,256,071 gross and $0 net in 2019 to be funded from the City's allocation of Reaching Home: Canada's Homelessness Strategy, with future year requests subject to Council approval through the annual budget process.

4.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to develop a Community Plan, outlining funding priorities, in line with the terms and conditions of the Contribution Agreement and any related directives.

5.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into agreements or other suitable arrangements with other City divisions, provincial agencies, community agencies, private entities and/or individuals to allocate and deliver Reaching Home funding in accordance with the federal program guidelines.

6.  City Council authorize the General Manager, Shelter, Support and Housing Administration, to enter into a Contribution Agreement or amending agreement with Employment and Social Development Canada or related entity necessary for the receipt and expenditure of funding under the Community Capacity and Innovation funding stream of the Reaching Home program, on such terms and conditions as are satisfactory to the General Manager, Shelter, Support and Housing Administration, and in a form approved by the City Solicitor, and make any necessary in-year budget adjustments to receive the funds.

7.  City Council direct the General Manager, Shelter, Support and Housing Administration, to develop an Indigenous (First Nations, Inuit and Métis) funding stream in partnership with local Indigenous organizations and associations, with a minimum target of 20 percent of new Reaching Home funding, and report to the Aboriginal Affairs Committee or the appropriate Standing Committee on the agreed structure of this funding stream.

The Government of Canada has announced that on April 1, 2019, the Homelessness Partnering Strategy (HPS) will be replaced by Reaching Home: Canada's Homelessness Strategy. The City of Toronto has applied to act as the Community Entity for Toronto and has been advised that the Toronto Designated Community allocation of Reaching Home funding will be $123,548,447 over five years. Toronto will also be receiving an allocation from the federal Community Capacity and Innovation (CCI) funding stream; however, the amount of this allocation remains unknown.

Shelter, Support and Housing Administration (SSHA) is in the process of negotiating a Contribution Agreement with Employment and Social Development Canada (ESDC). However, the agreement has not yet been finalized. It is anticipated that the agreement will be finalized before March 31, 2019 when the current HPS agreement ends. In order to ensure service continuity, this report seeks authority to undertake the necessary actions to enter into the Contribution Agreement, on terms satisfactory to the General Manager, Shelter, Support and Housing Administration and in a form approved by the City Solicitor, upon receipt of the agreement and to receive and allocate this federal funding and ensure continued delivery of homelessness and housing support services.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the Executive Director, Corporate Finance, to enter into retention agreements for a period of five years from April 1, 2019 to March 31, 2024 with the following recommended nine law firms having achieved the highest overall evaluation scores meeting all of the requirements that are consistent with the terms, conditions, and hourly rates of Request for Supplier Qualifications submissions which will also include insurance litigation files which were opened, but not resolved, prior to the March 31, 2019 contract expiry date, such agreements to be in a form and content that is satisfactory to the Executive Director, Corporate Finance, and the City Solicitor:
 

a.  Boghosian + Allen LLP;

b.  Borden Ladner Gervais LLP;

c.  Clyde & Co. LLP;

d.  Forbes Chochla LLP;

e.  Gowlings WLG;

f.  Hicks Morley Hamilton Stewart Storie LLP;

g.  Lerners LLP;

h.  Loopstra Nixon LLP; and

i.   Shibley Righton LLP.

The General Government and Licensing Committee:

1.  Requested the Chief Financial Officer and Treasurer, in consultation with the Executive Director, Corporate Finance, the Chief Purchasing Officer, and the City Solicitor, to report back to the General Government and Licensing Committee at its meeting on June 24, 2019 with the following information:

a.  A breakdown of claim trends against the City of Toronto, the amount of money that has been paid out on claims, and mitigating measures that are being taken by the City to reduce the total number of claims;

b.  Details regarding aggregate claims, particularly those related to basement flooding; and

c.  Details regarding aggregate claims, particularly those on other related incidents.

The purpose of this report is to advise on the results of Request for Supplier Qualifications Number 9134-18-7160 for insurance claim defence legal services to supplement internal City Legal Services for the contract term of April 1, 2019 to March 31, 2024, and to recommend entering into retention agreements with the nine highest scoring law firms.

The estimated costs identified in this report represent legal fees for insurance claim defence services. The estimated costs are not claim payments made to settle claims.

The General Government and Licensing Committee recommends that:

1.  City Council grant authority to the Director, Court Services, to negotiate and enter into the agreements, as outlined in Attachment 1 to the report (February 19, 2019) from the Chief Purchasing Officer and the Director, Court Services, authorizing the successful Proponents to be compensated at the commission rates set out in their respective proposals, on terms and conditions satisfactory to the Director, Court Services, and in a form satisfactory to the City Solicitor.
 

2.  City Council permit collection agencies to contact debtors during the hours set out in Subsection 22(6) of R.R.O. 1990, Regulation 74: General under the Collection and Debt Settlement Services Act in order to provide the successful Proponents with an enhanced tool to collect defaulted Provincial Offences Act fines that are owed to the City of Toronto.

 
3.  City Council grant authority to the Director, Court Services, to apply an average commission rate, plus non-recoverable tax, in each category to be charged to the debtor for defaulted Provincial Offences Act fines that are owed to the City to be set at 14.5 percent for First Assignment Accounts, 22.37 percent for Second Assignment Accounts, and 31.55 percent for Third Assignment Accounts.

 
4.  City Council deem the approval of the collection agency rates set out in Recommendations 1 and 3 to the report (February 19, 2019) from the Chief Purchasing Officer and the Director, Court Services, to be the City's approval for the purposes of Subsection 165(9) of the Provincial Offences Act and Section 240 of the City of Toronto Act, 2006.

This report advises on the results of Request for Proposal (RFP) Number 9138-18-7006 for the provision of collection agency services to support the collection of defaulted fines under the Provincial Offences Act (POA) and seeks approval of the collection rates under the City of Toronto Act, 2006. Existing contracts expire on March 31st, 2019 and new contracts are required in order to continue service. Staff are requesting authority to negotiate and enter into agreements with eleven recommended Proponents in accordance with the terms in the RFP, as listed in Attachment 1.

This report also proposes that City Council approve an average commission rate, plus non-recoverable tax, for First Assignment, Second Assignment, and Third Assignment Accounts. This will ensure that an equal commission rate is applied to City debtors with defaulted POA fines based on assignment category.

Finally, this report seeks authority to permit collection agencies that pursue defaulted POA fines to have expanded hours for debtor contact, in accordance with the Provincial Regulation. These hours differ from the City approved policy for Use of Collection Agencies to Collect Parking Fines. It will allow collection agencies to contact debtors by phone between the hours of 7:00 a.m. and 9:00 p.m. Monday through Saturday, and between 1:00 p.m. and 5:00 p.m. on Sunday. This will provide the successful Proponents with an enhanced tool for collecting defaulted POA fines that are owed to the City.

The General Government and Licensing Committee recommends that:

1.  City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer Report outlined in Appendix A to the report (February 8, 2019) from the Acting Director, Real Estate Services.

2.  City Council, as approving authority under the Expropriations Act, approve the expropriation of 414 Dawes Road, Units 1 and 6, as outlined in Appendix B to the report (February 8, 2019) from the Acting Director, Real Estate Services, for municipal purposes, including the construction and development of a new library and community facility.

3.  City Council authorize payment of the applicable costs arising from the Inquiry to the owners of 414 Dawes Road, Units 1 and 6, in accordance with the Expropriations Act.

4.  City Council, as expropriating authority under the Expropriations Act, take all necessary steps to comply with the Expropriations Act, including, but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election, and Notices of Possession, as may be required.

5.  City Council authorize the Acting Director, Real Estate Services, to obtain an appraisal report to value 414 Dawes Road, Units 1 and 6, and to prepare and serve an Offer of Compensation on all registered owners of 414 Dawes Road, Units 1 and 6, at the appraised value, all in accordance with the requirements in the Expropriations Act.

6.  City Council authorize the Acting Director, Real Estate Services, to sign the Offer of Compensation for 414 Dawes Road, Units 1 and 6, on behalf of the City of Toronto. 

7.  City Council authorize the public release of Confidential Attachment 1 to the report (February 8, 2019) from the Acting Director, Real Estate Services, once there has been a final determination of all claims and compensation payable for 414 Dawes Road, Units 1 and 6, by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

This report provides City Council with a copy of the Inquiry Officer Report dated January 7, 2019 and received on January 9, 2019, attached as Appendix A (the Report), and seeks authority to expropriate two residential condominium units at 414 Dawes Road, Units 1 and 6 (the Properties) required for the construction and development of a new library and community facility on Dawes Road.

The existing library branch at 416 Dawes Road is insufficient to serve the needs of the community. The condominium building containing the library branch is also at the end of its useful life. Through negotiated agreements, the City acquired six of the eight existing residential condominium units, with the goal of constructing an improved facility on the property. Expropriation of the remaining two units is necessary for the project. The Inquiry Officer concluded that the proposed expropriation is fair, sound, and reasonably necessary.

To comply with the legislative requirements of the Expropriations Act, this report must be considered by Council at its meeting of March 27th and 28th, 2019.

This report also seeks authorization for the City to serve Notices and make an Offer of Compensation in accordance with the Expropriations Act.

The General Government and Licensing Committee recommends that:

1.  City Council request the Executive Director, People, Equity and Human Rights, in consultation with the City Solicitor, to report back to the General Government and Licensing Committee in the second quarter of 2019 on the feasibility of allowing City staff whose religious holidays do not fall on statutory holidays to take their religious holidays off as paid time off work without using sick days, vacation days, or lieu time.

City Council, on January 30 and 31, 2019, referred Member Motion MM2.7 to the General Government and Licensing Committee.

The City of Toronto has been voted as one of the ten best cities to live in the world. Toronto is Canada's largest City with over 2.9 million residents with various ethnic beliefs and religious practices. To be truly considered multicultural, our City's policies and practices have to reflect these norms. This motion is asking for a report on the feasibility of changing the City's policies on religious observances so that they are representative of our rich and diverse multicultural population.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the closure of the F.G. Gardiner Expressway, from the

Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, from the F.G. Gardiner Expressway to York Mills Road, including all ramps, on the Sundays of, June 2, 2019, June 7, 2020 and June 6, 2021 from 2:00 a.m. to 2:00 p.m., for the 2019, 2020 and 2021 Ride for Heart event;

2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Ride for Heart event;

3. City Council request the Toronto Transit Commission to not schedule any subway closures during the period the Ride for Heart event is held; and

4. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.

The purpose of this report is to seek City Council's authority to close the F.G. Gardiner Expressway and Don Valley Parkway for the Heart and Stroke Foundation of Ontario's Ride for Heart event for 2019, 2020 and 2021. The proposed route and times for the 2019, 2020 and 2021 Ride for Heart event will remain the same as 2018.  

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the closure of the F.G. Gardiner Expressway, eastbound lanes only, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, northbound lanes only, from the F.G. Gardiner Expressway to Eglinton Avenue East, including all ramps, on the Sundays of, July 21, 2019, July 19, 2020 and July 18, 2021 from 2:00 a.m. to 12:00 p.m., for the 2019, 2020 and 2021 Toronto Triathlon Festival event;

2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Toronto Triathlon Festival event; and

3. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.

The purpose of this report is to seek City Council's authority to close portions of the eastbound lanes on the F.G. Gardiner Expressway and northbound lanes on the Don Valley Parkway for the Toronto Triathlon Festival event for 2019, 2020 and 2021. The proposed route and time of year of the 2019, 2020 and 2021 Toronto Triathlon Festival event will remain the same as 2018.

The Infrastructure and Environment Committee recommends that:

1. City Council declare Aplus General Contractors Corporation ("Aplus") and any affiliated persons, as defined in Chapter 195, ineligible to bid on or be awarded any City of Toronto contracts  as a supplier of goods and/or services or as a subcontractor to such a supplier, including any options, renewals or extensions of existing contracts, for a total period of three (3) years commencing upon the date the current temporary suspension  imposed through the delegated authority of the Chief Purchasing Officer, Purchasing and Materials Management Division expires.

This report recommends that City Council declare Aplus General Contractors Corporation ("Aplus") ineligible to bid on, or be awarded any City of Toronto contracts for a period of three (3) years given the significance of its unacceptable and poor performance and management. This recommendation is based upon repeated unacceptable and poor performance and management by Aplus on Contract MCP-13-18WS, Tender 2-2015, Ellesmere Pumping Station Power Generators Upgrade.

The poor performance by Aplus was documented through five contractor performance evaluations completed between November 2016 and November 2018. Further, refusals to comply by Aplus resulted in four notices of default being issued by the City against Aplus. Based on this poor performance, the Chief Purchasing Officer suspended Aplus for a period of 6 months, beginning October 30, 2018 until April 30, 2019, pending Council's decision with this report.

The Infrastructure and Environment Committee recommends that:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 2019) from the City Solicitor.

2. City Council direct that Confidential Attachment 1 to the report (February 28, 2019) from the City Solicitor, remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.

The City contracted with Aplus General Contractors Corp. ("Aplus") to upgrade the Ellesmere Pumping Station (the "Project") pursuant to contract MCP-1318WS and Tender 2-2015 (the "Contract"). The Contract was awarded April 25, 2016.

Aplus did not perform the Contract in accordance with its obligations. The City delivered multiple notices of default under the Contract, which Aplus did not address to the City’s satisfaction or at all.

Aplus ceased active work on the Project in March, 2018. On November 1, 2018, the City terminated Aplus' right to continue with the Work remaining under the Contract.

In April, 2018, Aplus commenced a legal action against the City. The City defended and counterclaimed.

In November, 2018, the City issued a claim against Zurich Insurance Company Ltd. ("Zurich") under the performance bond Aplus provided at the time that the Contract was executed (the "Bond"). The City’s claim is that Zurich failed to fulfil its obligations under the Bond. Zurich denies it was obligated to act under the Bond.

Other actions have been commenced in the Superior Court by subcontractors to Aplus; the City and Aplus are both named as defendants. Callaway Construction Inc. (“Callaway”) has claimed for $1.8 million and Plan Group Inc. (“Plan Group”) has claimed for $5.8 million. In October, 2018, Callaway also commenced a claim against Zurich under the labour and material bond provided by Aplus in connection with the Project. The City defended the actions and delivered a crossclaim against Aplus.

Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation that has arisen from this Project.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Toronto Water to negotiate and execute a non-competitive agreement with Plan Group Inc. for the completion of the Project for an amount not to exceed $13,960,143.20 including provisional items, contingency and all applicable charges net of all taxes ($14,205,841.72 net of HST recoveries) on terms and conditions satisfactory to the General Manager, Toronto Water and in a form satisfactory to the City Solicitor.

2. City Council authorize the General Manager, Toronto Water to amend Purchase Order No. 6037723, issued to Cole Engineering Group Ltd. for the provision of professional engineering services as Consultant for the completion of the Project, by $661,948.35 net HST ($673,598.64 net of HST recoveries) from $1,127,370.50 to $1,789,318.85 net HST ($1,820,810.86 net of HST recoveries) and to extend the delivery date to December 31, 2021.

The purpose of this report is to advise City Council on the requirements for the completion of the Ellesmere Pumping Station Power Generators Upgrade Project (the "Project") and to request authority to enter into a non-competitive contract with Plan Group Inc. ("Plan Group") for the completion of the Project in an amount not to exceed $13,960,143.20 net of all taxes ($14,205,841.72 net of HST recoveries). The rationale for this non-competitive contract is on the basis of urgency to complete the Project as soon as possible since the City terminated the Aplus General Contractor Corp. ("Aplus") from the original contract and Plan Group's knowledge of the Project as Plan Group was a major subcontractor to Aplus and the prices Plan Group has provided to Aplus will remain the same. 

Furthermore, authority is requested to extend the Site Supervision, Contract Administration and Consultant services provided by Cole Engineering Group Ltd. for completion of the Project, to amend the dollar value of Purchase Order 6037723 in the amount of $661,948.35 to $1,789,318.85 net HST ($1,820,810.86 net of HST recoveries) and to extend the contract delivery date to December 31, 2021.                                     

The Infrastructure and Environment Committee recommends that:

1. City Council direct the Deputy City Manager, Infrastructure and Environment, to consult with the Toronto Hydro Corporation, the Toronto Transit Commission, Massey Hall, St. Michael's Hospital, the Elgin and Winter Garden Theatre, and the Downtown Yonge BIA and report to the Infrastructure and Environment Committee on May 23, 2019 with a plan coordinating the Toronto Hydro rebuilds, the TTC track-removal and the City of Toronto streetscape improvements on Victoria Street and Shuter Street such that the work be completed by August 2020.

In November 2018, a planned Toronto Transit Commission (TTC) track-removal project - affecting Victoria Street and Shuter Street – along with planned City of Toronto streetscape improvement work, was deferred indefinitely, due to concerns regarding aging, below-grade Toronto Hydro Corporation (THC) infrastructure.  Engineering and Construction Services staff identified that upgrades to the THC infrastructure would be necessary, before the TTC and streetscape work could proceed.

The City of Toronto streetscape project, which proposed the installation of a bump-out on the south side of Victoria Street, fronting Massey Hall, as well as installation of new traffic signals at the intersection of Shuter Street and Victoria Street, had been coordinated in conjunction with the TTC track removal project, in order to minimize disruption to area stakeholders.  Funds had been set aside in the 2018 budget, and City staff were close to issuing tender. 

The streetscape improvements have been championed for many years, by the local community, including Massey Hall, and the Downtown Yonge BIA.  Although initiated in 2014, this work now has no definite timeline.  The deferment, while unavoidable, has the potential to negatively impact local stakeholders.  A coordination plan must, therefore, be established and implemented quickly. 

The Downtown Yonge BIA has identified that the THC rebuilds, TTC track replacement, and City of Toronto streetscape improvements must be completed by end of August 2020.  Otherwise, subsequent construction will interfere with venue loading and theatre operations at Massey Hall, and the Winter Garden and Elgin Theatre.  Further to this, St. Michael's Hospital has a planned construction project affecting Victoria Street.  Uncertainty, on the City's part has the potential to negatively affect the Hospital's construction timeline and, ultimately, their project funding.

The Major Capital Infrastructure Coordination Office is tasked with ensuring that work between the City of Toronto, TTC and Toronto Hydro is well coordinated and delivered on time, with consideration to local stakeholders, institutions, and commercial operations. 

The Planning and Housing Committee recommends that:

1. City Council amend the draft Zoning By-law Amendment included as Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning as follows:

a.  to amend the site specific exceptions to the R zone in Chapter 900 of Zoning By-law 569-2013 that apply to lands in the area bounded on the north by Queen Street West, on the east by Dufferin Street, on the south by Lake Shore Boulevard West and on the west by Roncesvalles Avenue by removing from the list of prevailing sections item (ii) from Section 12(2)(70) of Zoning By-law 438-86, which restricts the average floor area of all the dwelling units in a converted house to at least 65 square metres.

b.  to permit a pedestrian entrance to a secondary suite in a front wall of a detached house and semi-detached house.

2. City Council enact the Zoning By-law Amendment substantially in accordance with Attachment 1 to the report (February 25, 2019) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 1 above.

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

4.  City Council, pursuant to Section 34(17) of the Planning Act, determine that no further notice to the public is required of the changes.

The Planning and Housing Committee:

1.  Requested the Director, Affordable Housing Office to investigate the possibility of establishing a secondary suites affordable housing program similar to the Affordable Laneway Suites Pilot Program and to report back to the Planning and Housing Committee.

The Planning and Housing Committee held a statutory public meeting on March 20, 2019, and notice was given in accordance with the Planning Act.

This report recommends the adoption of a Zoning By-law Amendment to the city-wide Zoning By-law 569-2013 to support the creation of secondary suites.

The recommended Zoning By-law Amendment (Attachment 1) reflects feedback received through public consultations, discussion with relevant City Divisions, and research across other municipalities.  The Zoning By-law Amendment responds to the City Council motion to report back on a range of measures that could provide incentives to encourage the creation of secondary suites.

The recommended changes also respond to recent provincial policy changes to the Planning Act and the associated proposed minister's regulation, the Provincial Policy Statement, 2014, and the Growth Plan for the Greater Golden Horseshoe, 2017 to further encourage the creation of second units, referred to as secondary suites in the city-wide Zoning By-law.  The recommended Zoning By-law Amendment would bring the city-wide Zoning By-law 569-2013 into conformity with the Official Plan and the Growth Plan for the Greater Golden Horseshoe, and would be consistent with the Provincial Planning Policy Statement.

The recommended Zoning By-law Amendment (see Attachment 1) includes:

-  Permitting the creation of secondary suites in new construction and existing homes

-  A permitted maximum percentage of interior floor area a secondary suite may comprise to ensure it  remains subordinate to the primary dwelling unit

-  Removal of minimum secondary suite and dwelling unit sizes

-  Reduced parking requirements

-  Permitting secondary suites in all townhouses across the city

-  Permitting an entrance to a secondary suite in a front wall facing a street in townhouses, and on a side wall facing a street on corner lots in detached houses, semi-detached houses and townhouses

The Planning and Housing Committee recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 and Municipal Shelter By-law 138-2003 with respect to the locational criteria for municipal shelters in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (February 28, 2019) from the Chief Planner and Executive Director, City Planning.

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

The Planning and Housing Committee:

1.   Directed the Executive Director, Social Development, Finance and Administration, and the General Manager, Shelter Supports and Housing Administration, to undertake an analysis of the 12-month Action Plan for the Downtown East enacted by City Council at its regular meeting held on June 26-29, 2018, and report directly to the March 27, 2019 meeting of City Council on the following:

a.  How the development of the 5-year Action Plan for the Downtown East can be used to inform the locating of new shelters, respite sites, and other services for vulnerable populations in the Action Plan boundaries.

b.  How the as-of-right provisions would impact decision making with regards to siting new shelter facilities in local geographies with existing shelter or respite facilities already lacking adequate programming and wrap-around services, including access to washrooms, daytime programming, counselling and referrals, and complex case work support systems.

The Planning and Housing Committee held a statutory public meeting on March 20, 2019, and notice was given in accordance with the Planning Act.

This report reviews the current zoning for municipal shelters, and recommends a Zoning By-law Amendment to delete the existing 250-metre separation distance requirement between shelters, and delete the requirement to be on or within 80 metres of a major street. It also summarizes the city-wide public consultations held in November 2018 on proposed options to increase the as-of-right zoning permissions for municipal shelters.

While they are a short-term measure, municipal shelters are an important part of housing in the city. The proposed Zoning By-law Amendment supports the provision of municipal shelters in all areas of the city, by removing the conditions which currently restrict where they may locate. This will provide adaptability for the City in addressing the growing demand for shelter services, and allow for quick responses to changing circumstances.

The Planning and Housing Committee recommends that:

1. City Council amend the City-Wide Community Improvement Plan (By-law No. 516-2008, as amended) in accordance with the proposed amendment in Attachment 1 to the report (March 5, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture.

2. City Council amend the South of Eastern Community Improvement Plan (By-law No. 517-2008, as amended) in accordance with the proposed amendment in Attachment 2 to the report (March 5, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture.

3. City Council amend the Waterfront Community Improvement Plan (By-law 518-2008, as amended) in accordance with the proposed amendment in Attachment 3 to the report (March 5, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development and Culture.

4. City Council authorize the City Solicitor to introduce the necessary bills to implement the foregoing.

The Planning and Housing Committee held a statutory public meeting on March 20, 2019, and notice was given in accordance with the Planning Act.

This report brings forward proposals to amend the Community Improvement Plan By-laws (CIPs) that enable the Imagination Manufacturing Innovation Technology (IMIT) program by removing the size and construction value minimums for office and industrial condominiums.

In July 2018, City Council adopted a new City-wide IMIT CIP By-law (No. 1207-2018) which among other matters enabled office and industrial condominiums to receive Development Grants regardless of the gross floor area or construction value of units provided a third party facilitator is engaged by the applicant to assist in administration and monitoring. The July by-law was appealed to the Local Planning Appeal Tribunal (LPAT) and is awaiting adjudication. However these appeals do not relate to condominium eligibility which is the subject of this report.

Due to the appeal, the IMIT Program continues to be implemented by the three in force by-laws (City-Wide CIP, South of Eastern CIP, and Waterfront CIP) which require a minimum of 5,000 m2 GFA and construction value of $5,000,000 per condominium unit. To enable developments with commercial and industrial condominium units to be eligible to receive Development Grants, this report recommends that the currently in force by-laws be amended to be consistent with the condominium eligibility criteria contained within By-law No. 1207-2018.

Etobicoke York Community Council recommends that:

1. City Council state its intention to designate the property at 58 Wheatfield Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 58 Wheatfield Road (Reasons for Designation) attached as Attachment 3 to the report (February 7, 2019) from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning.

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

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

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

This report recommends that City Council state its intention to designate the heritage property at 58 Wheatfield Road under Part IV, Section 29 of the Ontario Heritage Act.  The property is listed on the City of Toronto's Heritage Register.

Heritage Preservation Services has received a "Notice of Intention to Demolish a Listed Building or Structure under the Ontario Heritage Act" from the owner of the property at 58 Wheatfield Road.  Heritage Preservation Services has not deemed the application complete. 

The Toronto Preservation Board on February 27, 2019, recommended to the Etobicoke York Community Council, adoption of the recommendations contained in the report (February 7, 2019) from the Senior Manager, Heritage Preservation Service, Urban Design, City Planning regarding Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 58 Wheatfield Road.

Etobicoke York Community Council recommends that: 

1.  City Council authorize the permanent closure of the portion of Dundas Street West abutting 3819 Bloor Street West designated as Parts 3 and 4 on Reference Plan 66R-30521, and also shown as Parts 3 and 4 on Sketch No. PS-2017-110 (the "Highway Lands"), attached as Appendices "B" and "C", respectively, to the report (March 1, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2.   City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A" to the report (March 1, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

Etobicoke York Community Council held a public meeting on March 19, 2019, in accordance with the City of Toronto Act, 2006.  Notice of the proposed enactment of the draft by-law was posted on the Public Notice Page of the City's website in accordance with the requirements of the City of Toronto Municipal Code Chapter 162. 

Transportation Services recommends that a portion of Dundas Street West abutting 3819 Bloor Street West be permanently closed in connection with the City-initiated Six Points Interchange Reconfiguration Project.

Etobicoke York Community Council recommends that:

1.  City Council approve the designation of a one-way traffic lane, anytime, for the southerly eastbound lane on Eglinton Avenue West, between Commerce Boulevard and a point 30.5 metres west, in the eastbound right-turning direction, buses excepted.

The purpose of this report is to obtain approval for the designation of a one-way traffic lane, anytime, for the southerly eastbound lane on Eglinton Avenue West, between Commerce Boulevard and a point 30.5 metres west, in the eastbound right-turning direction, buses excepted.

It is appropriate to install an exclusive eastbound right turn lane based on the existing lane configuration and our observations.

Since the Toronto Transit Commission (TTC) operates transit service on Eglinton Avenue West, City Council approval of this report is required.

Etobicoke York Community Council recommends that:

1.  City Council approve the installation of traffic control signals at the intersection of Dundas Street West and Acorn Avenue/Private Driveway Access.

2.  City Council prohibit northbound straight through movements, anytime, at the south approach of the intersection of Dundas Street West and Acorn Avenue/Private Driveway Access, bicycles excepted.

3.  City Council prohibit southbound through movements, anytime, at the north approach of the intersection of Dundas Street West and Acorn Avenue/Private Driveway Access, bicycles excepted.

Since the Toronto Transit Commission (TTC) operates a transit service on Dundas Street West, City Council approval of this report is required.

The purpose of this report is to obtain approval for the installation of traffic control signals at the intersection of Dundas Street West and Acorn Avenue/Private Driveway Access.

As part of conditions of site plan approval of the Metrolinx Kipling Bus Terminal Project, traffic control signals are to be installed at the intersection of Dundas Street West and Acorn Avenue/Private Driveway Access.

To deter short-cut traffic into the residential community on the north side of Dundas Street West, it is also recommended, as per conditions of site plan approval, that northbound and southbound straight through movements be prohibited at all times, at the intersection of Dundas Street West and Acorn Drive/Private Driveway Access, bicycles excepted.

Etobicoke York Community Council recommends that:

1.  City Council advise the Alcohol and Gaming Commission of Ontario that it has no objection, for liquor licensing purposes, to the following requests noting that the applicants are required to comply with other applicable by-laws and to obtain the necessary permits for any patio areas extending into the City's right of way:

a.  A temporary liquor licence extension for the outdoor Walking Ring area, during the Queen's Plate Festival at Woodbine Racetrack, 555 Rexdale Boulevard, on June 28 and 29, 2019 from 11:00 a.m. to 11:00 p.m.

b.  A temporary liquor licence extension for the Royal Canadian Legion Branch 101 (Long Branch), 3850 Lake Shore Boulevard West, to operate a Community Barbeque and Beer Garden as part of its Canada Day festivities on July 1, 2019, from 12:30 p.m. to 5:30 p.m.

Etobicoke York Community Council, under its delegated authority under Chapter 27 - Council Procedures, declared the following to be events of municipal significance for liquor licensing purposes, and directed that the Alcohol and Gaming Commission of Ontario be advised that the Community Council has no objection to their taking place:

1.  The VERSE music event taking place at 500 Keele Street, on March 22, 2019 from 10:00 p.m. to 4:00 a.m.

2. The Queen's Plate Festival events at Woodbine Racetrack, 555 Rexdale Boulevard, on June 28 and 29, 2019 from 11:00 a.m. to 11:00 p.m.

3.  Canada Day events at the Royal Canadian Legion, Branch 101 (Long Branch), 3850 Lake Shore Boulevard West, on July 1, 2019, from 12:30 p.m. to 5:30 p.m.

Seeking endorsement of various events for liquor licensing purposes.

North York Community Council submits this item to City Council without recommendation.

North York Community Council commenced a statutory public meeting on February 14, 2019 and continued the public meeting on March 19, 2019 and notice was given in accordance with the Planning Act.  No one addressed the North York Community Council on February 14, 2019 or March 19, 2019.

This application proposes to amend the Official Plan and Zoning By-law to permit a 33-storey residential building with a height of 105.80 metres plus mechanical penthouse, containing 367 units with vehicle access taken from the existing public laneway on the west side of the site.  The overall gross floor area is 24,845 m² resulting in a Floor Space Index of 4.99 times the lot area at 15, 19 and 21 Holmes Avenue.  The application proposes to demolish fourteen existing dwelling units, of which 12 are condominium townhouses that are currently rented and two are house form rental dwelling units.  A total of 125 parking spaces will be provided within a 3-level underground garage and 367 bicycle parking spaces will be provided on the mezzanine level (208 spaces) and underground garage (159 spaces).

A public laneway is located on the west perimeter of the site that runs the full length of the subject block from Holmes Avenue to the north and Byng Avenue to the south.  The public laneway provides access to parking and site servicing at the rear of the two-storey retail buildings fronting Yonge Street.  Through the redevelopment of this site, the existing public laneway will be widened to six metres for the portion that abuts the subject site.

The proposal provides for appropriate residential intensification within the North York Centre consistent with the key objectives of the North York Centre Secondary Plan.  The proposed development reinforces the existing and planned built form context for the area and provides improved multi-modal infrastructure to promote active transportation uses.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017) as the proposal promotes an efficient use of land and infrastructure that maximizes the number of transit users within walking distances of a subway station (Finch Subway Station). 

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law and the processing of the Rental Housing Demolition application.

This report outlines revisions to the proposal and provides an update on this application since its adjournment by North York Community Council at its February 14, 2019 meeting.  Staff recommend approval of the revised Official Plan and Zoning By-law Amendment applications.

Staff also recommend City Council approve the Rental Housing Demolition application because there are less than six rental dwelling units proposed to be demolished and sufficient tenant assistance would be provided to all tenants.

On February 14, 2019, this application was deferred by North York Community Council.  The application sought to amend the Official Plan and Zoning By-law to permit a 33-storey residential building with a height of 105.80 metres plus mechanical penthouse, containing 367 units.  The overall gross floor area is 24,845 m² resulting in a Floor Space Index of 4.99 times the lot area at 15, 19 and 21 Holmes Avenue. 

Upon further review of the proposal and the policies contained in the North York Centre Secondary Plan and Zoning By-law No. 7625, in consultation with Legal Services Staff, Planning Staff identified an interpretation error for the calculation of the gross floor area as it pertains to the private recreational use accessory to a residential use contained under the density incentive chart Figure 3.3.1 of the North York Centre Secondary Plan, which states that the "The gross floor area of the private recreational use up to a maximum of 1.5 square metres per dwelling unit is exempted from the calculation of the gross floor area".  The Plan states that "the Gross Floor Area calculation may omit the gross floor area of density incentives as set out in Section 3", however, the application of the density incentive policy is through a monetary deduction equivalent to the value of the amenity gross floor area in excess of the permitted base density, not an exemption in gross floor area.  As a result, the applicant has revised their proposal to amend the Official Plan and Zoning By-law to permit a 32-storey residential building containing 358 units while the overall gross floor area remains at 24,845 m² resulting in a Floor Space Index of 4.99 times the lot area.  A reduction in residential units correspondingly reduced the total parking spaces to 122 spaces and bicycle parking spaces to 358 provided on the mezzanine level (208 spaces) and underground garage (150 spaces).  The revised outdoor amenity space of 537 square metres now meets the Official Plan requirement. Please refer to the revised Data Sheet at Attachment No. 1.

Following discussions with Transportation Services Staff, it has been determined that a Development Charge Credit is eligible for a portion of the proposed road, pedestrian, and cycling improvements at the intersection of Doris Avenue and Holmes Avenue, to be determined to the satisfaction of Transportation Services Staff. The recommendations have been revised to delete any reference to a density incentive for these improvements, and to add a recommendation to provide for the Development Charge Credit.

The applicant submitted a Rental Housing Demolition application to demolish two (2) rental dwelling units on June 19, 2018. The applicant has proposed to offer tenant assistance consisting of one (1) month rent equivalent financial compensation. The assistance would be provided to all tenants, including those tenants who occupy one of the condominium registered units and who were living at the property as of January 2019. Expanding the compensation to tenants in the condominium rental units goes beyond the requirements of the related by-law. The financial compensation would be in additional to the three (3) month's rent equivalent financial compensation required by the Residential Tenancies Act.

A required tenant consultation meeting was held per the Rental Housing Demolition by-law on February 13, 2019. The meeting was attended by planning staff, representatives of the applicant and tenants for five (5) of the seven (7) units which were occupied at that time.  Tenants were presented with the tenant assistance plan containing the additional rent equivalent compensation outlined above. Tenants raised concerns about replacement housing.  Although the applicant does not own any rental stock in the city they agreed to help with references and searches.

Staff recommend City Council approve the Rental Housing Demolition application because there are less than six (6) rental dwelling units proposed to be demolished, and sufficient tenant assistance would be provided to all tenants.

Staff have accepted the revisions to the proposal that are in accordance with the North York Centre Secondary Plan density incentive policies. Staff recommend approval of the Official Plan and Zoning By-law application and the corresponding Rental Housing Demolition application, as revised in the following recommendations listed below. 

Scarborough Community Council recommends that:

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 Common Elements Condominium for the lands at 743 Warden Avenue Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34), as generally illustrated on Attachment 2 of the report dated February 20, 2019 from the Director, Community Planning, Scarborough District, subject to:

a. the conditions, as generally listed in Attachment 3 of the report dated February 20, 2019 from the Director, Community Planning, Scarborough District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Condominium for registration; and

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

2. City Council enact a Part Lot Control Exemption By-law with respect to 743 Warden Avenue Block 19 (Parts 1 to 21, 23, 24, 26 and 35 to 44) on Plan of Subdivision 66M-2549, as generally illustrated on Attachment 4 to this report (February 20, 2019) from the Director, Community Planning, Scarborough District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

3. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the Part Lot Control Exemption By-law.

4. Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Lands Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner or his designate.

5. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title at such time as confirmation is received that the Common Elements Condominium has been registered.

6. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

7. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

Scarborough Community Council held a statutory public meeting on March 19, 2019 and notice was given in accordance with the Planning Act.

The common elements condominium application is required to provide legal vehicular access and service access to 21 townhouse lots on Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34) known  municipally as 743 Warden Avenue. This condominium application proposes to establish a driveway and landscape strip as a common element for Block 19 (Parts 22, 25, 27 to 29) and Block 25 (Parts 30 to 34).

This application requests exemption from the Part Lot Control provision of the Planning Act to allow the creation of 21 standard townhouse lots on Block 19 (Parts 1 to 21, 23, 24,  26 and 35 to 44). The subject lands are within a registered plan of subdivision that was registered on June 25, 2018 as Plan 66M-2549.

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and Part Lot Control Exemption. The proposal complies with the Official Plan and Zoning By-law, is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017). The lifting of the Part Lot Control for a period of two years is considered appropriate for the orderly development of the lands. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate.

Scarborough Community Council recommends that:

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 Common Elements Condominium for the lands at 1548 Kingston Road, as generally illustrated on Attachment 4 to this report (February 25, 2019) from the Director, Community Planning, Scarborough District, subject to:

a. the conditions, as generally listed in Attachment 3 to this report (February 25, 2019) from the Director, Community Planning, Scarborough District, which, except as otherwise noted, must be fulfilled prior to final approval and registration of the Plan of Common Elements Condominium; and

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

Scarborough Community Council held a statutory public meeting on March 19, 2019 and notice was given in accordance with the Planning Act.

This application proposes to establish a common elements condominium that will facilitate access and servicing to parcels of tied land ( the "POTLS"), as well as, easements to enable emergency rooftop egress for a 4-storey building having 12 residential dwelling units at 1548 Kingston Road. The common element portions would include the driveway, walkway, landscape areas, garbage and recycling area, underground servicing, hydro transformer, bicycle rack, stairwells and sprinkler room.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2017).

This report advises that the Chief Planner intends to approve the Draft Plan of Common Elements Condominium, subject to conditions. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction on title to the lands under the Land Titles Act, whereby the owner agrees to not convey or mortgage any part of the lands without prior consent of the Chief Planner and Executive Director, City Planning or his designate.

Scarborough Community Council recommends that:

1. City Council amend the former City of Scarborough, Upper Rouge-Hillside Community Zoning By-law No. 25278, as amended, for the lands at 6461 Steeles Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4 to this report (March 1, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 6461 Steeles Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to this report (March 1, 2019) from the Director, Community Planning, Scarborough District.  

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

4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to submit a revised Functional Site Servicing Report, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the Toronto and Region Conservation Authority, confirming that the private servicing system arrangements necessary to support the proposed development are being provided.

Scarborough Community Council held a statutory public meeting on March 19, 2019 and notice was given in accordance with the Planning Act.

This application proposes to amend the Upper Rouge-Hillside Zoning By-law and the Toronto Zoning By-law in order to permit a veterinary hospital and wildlife centre at 6461 Steeles Avenue East.  The proposal accommodates the relocation of the Toronto Wildlife Centre (TWC) which provides veterinary care services for sick, injured and orphaned wild animals, a support call centre and accommodations for interns.  The centre is the busiest facility of its kind in Canada.

The property is located within the Rouge National Urban Park.  The subject lands are currently owned by the Toronto and Region Conservation Authority (TRCA) but will be  transferred to Parks Canada to form part of the Rouge National Urban Park (RNUP). The proposed veterinary hospital and wildlife centre, once constructed, will be a tenant of Parks Canada within the Rouge National Urban Park.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Greenbelt Plan (2017).

The proposal conforms with the City's Official Plan policies related to Heritage Conservation the Natural Environment, and the development criteria provided for in the Parks and Open Space Areas policies. The proposal also conforms to the Site and Area Specific Policies related to the Rouge National Urban Park.

The proposal also conforms with the City's Official Plan's policies related to Heritage Conservation, the Natural Environment.  It also meets the development criteria provided for in Parks and Open Space Areas policies along with Site and Area Specific Policies related to the Rouge National Urban Park.

This report reviews and recommends approval of the application to amend the City's Zoning By-laws.

Scarborough Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal (the "LPAT") and oppose the applications in their current form, and to support the position outlined in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District.

2. City Council direct City Planning staff to continue negotiations with the applicant to resolve the outstanding issues detailed in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District, and if the issues are successfully resolved, that City Council direct the City Solicitor together with appropriate staff to attend the Local Planning Appeal Tribunal (the "LPAT") hearing in support of the revised proposal.

3. In the event the proposal is revised to resolve the issues outlined in the Request for Directions report for 6480-6484 Kingston Road (March 11, 2019) from the Director, Community Planning, Scarborough District to the satisfaction of the Chief Planner and Executive Director, City Planning, City Council classify the lands municipally known as 6480-6484 Kingston Road as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning), contingent upon the issuance of an LPAT Order allowing the appeals in part for the lands at 6480-6484 Kingston Road.

4. In the event that the LPAT allows the appeals in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold its final Order until:

a. the final form and content of the draft Zoning By-law is satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

b. draft Plan of Subdivision conditions are submitted by the City to the LPAT that address the technical requirements of the development including among other matters, servicing, grading and stormwater management matters, the construction of streets and tree protection and planting as determined by the Chief Planner and Executive Director, City Planning in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the LPAT delegates clearing of the Subdivision conditions back to the Chief Planner and Executive Director, City Planning;

d. the owner has submitted a revised Functional Servicing Report and a revised Hydrogeological Report to determine the stormwater runoff, groundwater discharge, sanitary flow and water supply demand 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;

e. the owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

5. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement the recommendations 1 through 4 to this report (March 11, 2019) from the Director, Community Planning, Scarborough District.

The applicant proposes to amend the relevant Zoning By-laws and obtain Draft Plan of Subdivision approval in order to permit the redevelopment of 6480-6484 Kingston Road with a total of 12 new residential dwelling units comprised of 3 townhouse units fronting Kingston Road and 9 detached units fronting a newly proposed 18.5 metre (60 foot) wide public street. The owner of the site has appealed the Zoning By-law Amendment and Draft Plan of Subdivision applications to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A five day hearing is scheduled to commence on June 17, 2019.

The applicant has recently submitted a with prejudice proposal. The purpose of this report is to seek City Council's direction for the hearing. Staff recommend that the City Solicitor and other appropriate City staff be authorized to attend the Local Planning Appeal Tribunal hearing to oppose the applications, as currently proposed. The report also identifies outstanding concerns and seeks Council direction for staff to continue negotiating with the applicant to resolve these concerns in advance of the hearing.

Staff are not satisfied that in its current form, the proposed applications have satisfactorily addressed environmental concerns and associated technical matters related to sanitary servicing and groundwater; site design; building setbacks; and, landscaping/tree planting.

Scarborough Community Council recommends that:

1. City Council authorize all-way compulsory stop control at the intersection of Birchmount Road and Hollis Avenue.

2. City Council authorize the removal of the pedestrian crossover on the north side of Birchmount Road at Hollis Avenue, in conjunction with the installation of all-way compulsory stop control at the intersection of Birchmount Road and Hollis Avenue.

This report is to obtain approval for the removal of the Pedestrian Crossover (PXO) located on Birchmount Road and Hollis Avenue and replace it with the installation of an All-way stop control (AWSC).

Traffic studies reveal that an AWSC be installed at the intersection of Birchmount Road and Hollis Avenue as the existing conditions meet the warrant for the installation of such a traffic control device. In addition, this report also recommends the existing Pedestrian Crossover (PXO), located on the north side of Birchmount Road at Hollis Avenue, be decommissioned/removed in conjunction with the new AWSC.

Scarborough Community Council recommends that:

1. City Council approve the installation of traffic control signals at the intersection of St. Clair Avenue East and North Woodrow Boulevard.

2. City Council authorize the removal of the pedestrian refuge island on St. Clair Avenue East, approximately 44 metres east of North Woodrow Boulevard, in conjunction with the installation of traffic control signals at the intersection of St. Clair Avenue East and North Woodrow Boulevard.

This report is to obtain approval for the removal of the pedestrian refuge island located mid-block on St. Clair Avenue between North Woodrow Avenue and North Bonnington Boulevard.

Traffic studies reveal that the warrant or technical justification for the pedestrian refuge island is no longer met at this location since it fails the current environmental criteria for the number of lanes and road width. The refuge island should be replaced with Traffic Control Signals.

Scarborough Community Council recommends that:

1. City Council prohibit westbound U-turns at all times on Kingston Road at Guildwood Parkway and Cromwell Road.

This report recommends the installation of a westbound U-turn prohibition on Kingston Road at Guildwood Parkway and Cromwell Road.  Prohibiting U-turns will provide a safer environment for all road users at this intersection.

Scarborough Community Council recommends that:

1. City Council rescind the existing parking prohibition in effect at all times on the north and west side of Kingston Road, between Victoria Park Avenue and Highway 401.

2. City Council rescind the existing parking prohibition in effect at all times on the south and east side of Kingston Road, between Highway 401 and Port Union Road.

3. City Council rescind the existing parking prohibition in effect at all times on the south and east side of Kingston Road, between Victoria Park Avenue and the Highway 401 Westbound Off-Ramp.

4. City Council prohibit stopping at all times on both sides of Kingston Road, between Highway 401 and Port Union Road/Sheppard Avenue East.

5. City Council prohibit parking at all times on the north and west side of Kingston Road, between the east limit of the City of Toronto and Port Union Road/Sheppard Avenue East.

6. City Council prohibit parking at all times on the south and east side of Kingston Road, between Highway 401 Westbound Off-Ramp and the east limit of the City of Toronto.

This report recommends prohibiting stopping at all times on both sides of Kingston Road between Highway 401 and Port Union Road/Sheppard Avenue East.  Currently, parking is prohibited at all times on both sides of this road section.

This report also recommends a technical amendment to the parking regulations for this area of Kingston Road.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the permanent closure of the existing portion of Perth Avenue extending easterly to Sterling Road, designated as Part 1 on Reference Plan 66R-30540 and also shown as Part 1 on Sketch No. PS-2018-013 (the "Highway"), upon construction, conveyance and dedication of a new public highway, shown as Part 2 on Sketch No. PS-2018-013 (the "New Public Highway"), attached to the report (March 15, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2.  City Council enact a by-law substantially in the form of the draft by-law attached as Appendix A to the report (March 15, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

Transportation Services recommends that the existing portion of Perth Avenue extending easterly to Sterling Road be permanently closed and the proposed creation of a new extension of Perth Avenue, extending easterly from the south end of Perth Avenue.

The Adjoining Owner, Castlepoint Greybrook Sterling Inc. has requested to close and purchase the Highway.  A realignment of the Highway is contemplated in development permissions previously granted to the Adjoining Owner through By-law No. 942-2015 (OMB) and By-law No. 943-2015 (OMB), as amended.  The Highway is proposed to be incorporated into a future park block to be conveyed to the City, pursuant to the development permissions. In addition, to implement the development and pursuant to the subdivision requirements, the Adjoining Owner will create a new extension and realignment of Perth Avenue to the south, to lands identified as Part 2 on the attached Sketch No. PS-2018-013.  The new extension and realignment of Perth Avenue will be constructed to City standards and conveyed to the City by the owners of the abutting land, at no cost to the City.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road substantially in accordance with the Draft Official Plan Amendment attached as Attachment 5 to the report (February 27, 2019), from the Director, Community Planning, Etobicoke York District.

2. City Council amend former City of Toronto Zoning By-law No. 438-86 as amended by By-law No. 815-2017 and City of Toronto Zoning By-law No. 569-2013 as amended  by By-law No. 1050-2017, for the lands at 1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (February 27, 2019), 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 Official Plan and Zoning By-law Amendments as may be required.

4. City Council classify the subject lands as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning).

5. 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 on-site public park with an approximate area of 857 m2, 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.

6. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the parkland dedication shortfall of a minimum of 691.56 m2 to be paid by cash-in-lieu.

7. Before introducing the necessary Bills to City Council for enactment, the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense:

a. A cash contribution of $400,000.00 to be directed to "The Treasurer, City of Toronto" indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment and to be used for local park, recreational facilities, or local area amenity improvements to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

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

c. Prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E, the owner shall convey, in fee simple to Habitat for Humanity, a part of the site with a minimum area of 1,011 m2 for the purpose of constructing 20 affordable housing units.

d. The owner shall provide, at its own expense, the design and construction of Above Base Park Improvements to the on-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation, subject to Recommendation 5 above and in accordance with Recommendation 7.f below. The conveyance of the parkland dedication shall be in environmental condition, satisfactory to the General Manager, Parks, Forestry and Recreation, in accordance with the City standards and would occur prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E.

e. Prior to the issuance of the first above grade building permit, the owner shall submit a cost estimate and plans for the Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above grade building permit, the owner shall also post an irrevocable Letter of Credit in the amount of 120 percent of the value of the Base Park Improvements for the parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with Base Park Improvements.

The stockpiling of any soils or materials or use as an interim construction staging area on the conveyed parkland is prohibited unless an agreement, other than a privately owned public space, has been obtained from the Manager, Business Services, Parks, Forestry and Recreation. The agreement, if approved, will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, duration, restoration plan and costs, and compensation to the satisfaction of the General Manager, Parks, Forestry and Recreation. The agreement must be secured prior to stockpiling of any soils or materials or use as an interim construction staging area on the parkland, after conveyance to the City. The owner will indemnify the City against any claim during any interim use of or work carried out by the owner on the park. Any compensation accrued shall be applied to park improvements within the ward in consultation with the Ward Councillor.

The construction of the Base Park Improvements will be deferred to correspond with the completion of Above Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation, as set out in Recommendation 7.f below.  

f. The owner agrees to design and construct the Above Base Park Improvements to the new park for a development charge credit against the Parks and Recreation component of the Development Charges to the satisfaction of the General Manager, Parks, Forestry and Recreation, as set out in Recommendation 5 above. The owner is required to submit a design and cost estimate, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the lesser of the approved cost estimate for Above Base Park Improvements, and the Parks and Recreation Development Charges payable for the development. The design, cost estimate and ultimately the letter of credit will be required prior to the issuance of the first above grade building permit for Blocks A to E, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The Base Park Improvements and Above Base Park Improvements shall be completed prior to one year from the day the parkland is conveyed in fee simple to the City subject to extensions for seasonality satisfactory to Parks, Forestry and Recreation. Should the completion of the Base Park Improvements and Above Base Park Improvements not be completed prior to one year from the day the parkland is conveyed in fee simple to the City, Parks, Forestry and Recreation may draw from Letters of Credit in order to complete the park construction, subject to extensions satisfactory to Parks, Forestry and Recreation for seasonality.

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

i. The owner shall provide, at its own expense, an approximate area of 159 m2 of privately-owned publicly-accessible space (POPS) and grant access easements to the City for the purpose of access to and use of the POPS for members of the public, prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E. This POPS area is to be located fronting Old Weston Road, between the properties municipally known as 381 and 387 Old Weston Road. The POPS easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances, other than those acceptable to the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain a centralized sign, at its own expense, stating that members of the public shall be entitled to use the POPS from 6:00 a.m. to 12:01 a.m. 365 days of the year.   

ii. The owner shall, prior to the issuance of the first above grade building permit, register a Section 118 Restriction pursuant to the Land Titles Act, in priority, against title to the parcel of land to be conveyed in fee simple to the City for the purpose of the on-site parkland dedication, to the satisfaction of the City Solicitor, until such time that the lands are conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

iii. The owner shall design and reconstruct a 2.1 m wide municipal sidewalk along the frontage of Old Weston Road (measuring 69.3 m and 6.1 m) to the satisfaction of the Executive Director, Engineering and Construction Services and the General Manager, Transportation Services and at no cost to the City, prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E.

iv. The owner shall grant easements to the City of Toronto for the purposes of the general public's access to the park over the portico, sidewalk and driveway, as part of the condominium approval process for Blocks A to E, subject to conditions satisfactory to the Director of Community Planning, Etobicoke York District, in consultation with the City Solicitor.

v. The owner shall construct and maintain the development in accordance with the accepted Electro Magnetic Field study to secure mitigation measures (if required) to the satisfaction of the Chief Medical Officer, Toronto Public Health.

vi. The owner shall construct and maintain the development in accordance with the accepted Environmental Noise Feasibility Study prepared by Valcoustics Canada Ltd. dated November 23, 2018, to secure appropriate mitigation measures for noise control.

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 at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, as further amended by City Council from time to time.

This application seeks to amend the Official Plan and relevant Zoning By-laws (former City of Toronto Zoning By-law No. 438-86 as amended by By-law No. 815-2017 and City of Toronto Zoning By-law No. 569-2013 as amended by By-law No. 1050-2017) to permit the remediation and redevelopment of the site. The proposal includes six buildings comprised of an 11-storey (37 m in height, excluding the mechanical penthouse) mixed use building, with retail space at grade, on the St. Clair Avenue West frontage and five low-rise blocks of stacked 3.5-storey townhouses (between 10.5 m to 11.2 m in height, excluding the rooftop staircase enclosure) on the Old Weston Road lands. In addition, a new public park is proposed to have a total area of approximately 857 m2.

A total of 276 residential units are proposed, of which 96 are townhouse units and 180 are units within the proposed mixed use building. Of the 96 townhouse units, 20 affordable housing units would be provided in partnership with Habitat for Humanity. The proposed development would have a total gross floor area of 21,750 m2, of which 21,263 m2 is proposed for residential use and 487 m2 is proposed for commercial use. The proposed overall density represents a Floor Space Index of 2.1 times the area of the lands. Vehicular access is proposed from Old Weston Road to the west and Cloverdale Road to the east and a total of 218 parking spaces are proposed within a two-level underground parking garage.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017). The proposed development represents appropriate intensification along the frontages of St. Clair Avenue West and Old Weston Road. The proposed mixed use building and townhouses conform with the Official Plan policies and are generally consistent with the City's Tall Building Design Guidelines as well as the Infill Townhouse Guidelines. The proposed development fits within the existing and planned context and character of this neighbourhood.

The proposal addresses the sites location within the Mixed Use Areas (St. Clair Avenue

West lands) and Neighbouhoods (Old Weston Road lands) designations of the Official Plan. It should also be noted that the southern portion of the site which fronts St. Clair Avenue West is on an Avenue. Avenues are important corridors along major streets where reurbanization is anticipated and encouraged to create new housing and job opportunities while improving the pedestrian environment, the appearance of the street, shopping opportunities and transit service for community residents.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law subject to conditions before introducing the necessary Bills to City Council for enactment. Provided the conditions are fulfilled, staff are of the opinion the proposed development is appropriate in this location.

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 545-601 Sherbourne Street and 3-7 Howard Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (Janurary 28, 2019) from the Director, Community Planning, Toronto and East York District. 

2. City Council amend Zoning By-law 438-86, for the lands at 545-601 Sherbourne Street and 3-7 Howard Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (Janurary 28, 2019) from the Director, Community Planning, Toronto and East York District.

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

4. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act that is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, 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 pay to the City the sum of $1,139,000.00 to be allocated towards local area park or streetscape improvements located within Ward 13 and within the vicinity of the subject lands, that comply with the Streetscape Manual and/or are to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. Prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $1,139,000.00 to be allocated towards existing and/or new affordable housing that may be owned by Toronto Community Housing, and/or towards existing community facilities, and/or towards recreational space and/or cultural space improvements that may be owned by Toronto Community Housing, all located within Ward 13 and within the vicinity of the subject lands, in consultation with the Ward Councillor;

iii. Prior to the issuance of the first above-grade building permit, the owner shall convey to the City unencumbered parkland of at least 80.9 square metres that covers a portion of 589 Sherbourne Street. This conveyance is in addition to the parkland conveyance being secured under Section 42 of the Planning Act, and is to be made to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Chief Planner and Executive Director, City Planning;

iv. Prior to the issuance of the first above-grade building permit, the owner shall extend the existing park lease to the City on the lands at 589 Sherbourne Street, known as St. James Town West Park, by an additional 124 years over and above the remaining park lease term.  Alternatively, at the City's discretion, the owner shall enter into a new lease that will have the effect of extending the existing lease by an additional 124 years. Such extension or new lease, as the case may be, shall be on terms and conditions satisfactory to Deputy City Manager, Corporate Services or her designate and the City Solicitor, and shall include any amendments required to give effect to such terms and conditions. Without limitation to the foregoing, the extension or new lease shall provide for the following terms and conditions, unless otherwise agreed to by the Deputy City Manager, Corporate Services, and approved by the City Solicitor, each at her sole discretion, effective as of execution thereof:

- the land at 583 Sherbourne Street and certain other lands, shall be incorporated into the leased premises, and the lands to be included in the development site and to be conveyed to the City as a parkland conveyance under Section 42 of the Planning Act shall be surrendered from the leased premises;

- as in the existing lease, the rent shall be nominal and the landlord shall be responsible for all taxes and utilities;

- the landlord's termination right currently found in the lease shall be deleted;

- the lease shall have priority over all mortgages, charges or other financial encumbrances against the lands forming the leased premises; and

- the owner shall be responsible for, and shall indemnify and save the City harmless from, any land transfer taxes or similar charges payable as a result of the new lease or lease extension.

v. The above-noted cash contributions are to be indexed upwardly with the "Non-Residential Construction Price Index for the Toronto Census Metropolitan Area”, as reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, and calculated from the date that the Section 37 Agreement is registered on title. 

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

b. Other matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, which are listed in Schedule A of the draft Zoning By-law Amendment to Amend By-law 569-2013, attached as Attachment No. 4 to this report, which include provisions to secure parkland dedication, parkland design, an updated wind study for wind mitigation for St. James Town West Park, rental housing, heritage conservation, a construction management and community communication plan, and compliance with Tier 1 of the Toronto Green Standard, among other matters.

5. Before introducing the necessary Bills to City Council for enactment, the applicant/owner is required to:

a. Provide an updated Site Servicing & Stormwater Management Report and updated Hydrogeological Review Summary form, if necessary, to the satisfaction of Development Engineering and Toronto Water;

b. Submit a fee for the preparation of a Section 37 Agreement in accordance with the Fee Schedules for Community Planning Applications in effect at the time the fee is submitted to the Customer Service Planning Consultant in Toronto Building, Toronto and East York District;

c. Enter into a Heritage Easement Agreement with the City for the property at 601 Sherbourne Street in accordance with the plans and drawings dated July 31, 2015 and revised December 7, 2018, prepared by IBI Group, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 13, 2015, and revised December 11, 2018 and in accordance with the Conservation Plan required in Recommendation 6.e. below to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

d. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 601 Sherbourne Street  prepared by ERA Architects Inc., dated August 13, 2015, and revised December 11, 2018 to the satisfaction of the Senior Manager, Heritage Preservation Services;

6. City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of twenty-four (24) existing rental dwelling units located at 583, 591, 595-597 and 599 Sherbourne Street, subject to the following conditions:

a. the owner shall provide and maintain not less than twenty-four (24) replacement rental dwelling units, comprised of at least ten (10) bachelor, twelve (12) one-bedroom, and two (2) two-bedroom units, within the proposed mixed-use building on the site, for a period of at least 20 years, beginning from the date that each such replacement rental dwelling unit is first occupied, and as generally illustrated in the plans provided to the City Planning Division dated December 21, 2018. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide and maintain at least ten (10) bachelor, eight (8) one-bedroom and two (2) two-bedroom replacement rental dwelling units at affordable rents and four (4) one-bedroom replacement rental dwelling units at mid-range rents, for a period of at least 10 years, beginning from the date that each such replacement rental dwelling unit is first occupied;

c. the owner shall provide and maintain at least five (5) one-bedroom market rental dwelling units within the proposed mixed-use building on the site, for a period of at least 20 years, beginning from the date that each such market rental dwelling unit is first occupied, and as generally illustrated in the plans provided to the City Planning Division dated December 21, 2018. The five (5) market rental dwelling units shall have unrestricted rents;

d. the owner shall provide and maintain a common laundry room on the second floor of the proposed mixed-use building as illustrated in the Architectural Floor Plans dated March 2, 2018. Any changes to the proposed common laundry room shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

e. the owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed mixed-use building at no extra charge. Access and use of these amenities shall be on the same terms and conditions as any resident of the non-replacement rental dwelling units without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

f. the owner shall provide six (6) vehicle parking spaces to tenants of the replacement rental dwelling units as detailed in the Draft Terms Sheet Summary for Rental Housing set out in Attachment 7 to the report (Janurary 28, 2019) from the Director, Community Planning, Toronto and East York District;

g. the owner shall provide tenant relocation and assistance to all eligible tenants of the existing rental dwelling units, including the right to return to a replacement rental dwelling unit, as detailed in the Draft Terms Sheet Summary for Rental Housing set out in Attachment 7 of this report, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

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

7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval for the Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code for the demolition of the twenty-four (24) existing rental dwelling units at 583, 591, 595-597 and 599 Sherbourne Street after all of the following have occurred:

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

b. the site-specific Zoning By-law Amendments have come into full force and effect;

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

d. the issuance of excavation and shoring permits for the approved mixed-use building on the site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 6 a., b., c., d., e., f. and g. and any other requirements of the Zoning-Bylaw Amendment.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning, has given preliminary approval referred to in Recommendation 7. c. above.

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

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

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official;

c. the owner erect the mixed-use building on the site no later than four (4) years from the day demolition of the existing buildings is commenced; and

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

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

11. 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.

12. City Council direct the Chief Planner and Executive Director, City Planning and the applicant, in consultation with City Planning, Transportation Services, Parks, Forestry and Recreation and any other necessary City officials, to create a working group and to consult with the local community as part of the Site Plan process, including the local residents association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act:

- a construction and traffic management plan, landscape and public realm plans, building materials and lighting, and

-other issues as identified by the Ward Councillor.

This rezoning application proposes to construct a 51-storey mixed-use building with ground floor retail space and 532 residential rental units above at 591-599 Sherbourne Street. The existing rental buildings at 545, 555, 561, 565, and 601 Sherbourne Street and 3-7 Howard Street will be retained. The designated heritage building located at 601 Sherbourne will be conserved. The proposal includes the reconfiguration and redesign of St. James Town Park West.

The Rental Housing Demolition application proposes the demolition of 24 existing rental dwelling units located at 583, 591, 595-597 and 599 Sherbourne Street and replacement of all demolished units within the proposed 51-storey mixed-use building.

The proposed building respects and reinforces the existing and planned context and is generally consistent with the Tall Building Design Guidelines and the Downtown Plan. The local community will benefit from a consolidated and redesigned version of St. James Town West Park that will be secured on partially city-owned land and partially leased land until at least the year 2162. Rental housing for 1,525 rental units will be secured on the subject site within the existing apartment buildings for at least 20 years. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).

This report reviews and recommends approval of the application to amend the Zoning By-law and the application for a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.

The Toronto and East York Community Council recommends that: 

1. City Council approve the alterations to the heritage property at 601 Sherbourne Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new residential building on the lands known municipally in the 2019 as 545-601 Sherbourne Street and 3-7 Howard Street, with such alterations substantially in accordance with plans and drawings dated July 31, 2015 and revised December 7, 2018, prepared by IBI Group, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated August 13, 2015, and revised December 11, 2018, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. That prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 601 Sherbourne Street in accordance with the plans and drawings dated July 31, 2015 and revised December 7, 2018, prepared by IBI Group, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 13, 2015, and revised December 11, 2018 and in accordance with the Conservation Plan required in Recommendation 1.a.2. below to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 601 Sherbourne Street  prepared by ERA Architects Inc., dated August 13, 2015, and revised December 11, 2018 to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. Enter into and register on the property at 601 Sherbourne Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations.

b. That prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 545-601 Sherbourne Street and 3-7 Howard Street the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.a.2 above to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

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

4. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services.

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

6. Submit a Signage Plan for the property at 601 Sherbourne Street to the satisfaction of the Senior Manager, Heritage Preservation Services.

c. That prior to the issuance of any permit for all or any part of the property at 545-601 Sherbourne Street and 3-7 Howard Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

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

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

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

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

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

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2. City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 601 Sherbourne Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a heritage easement agreement for the property at 601 Sherbourne Street.

This report recommends that City Council approve the alterations proposed for the heritage property located at 601 Sherbourne Street, the Thomas Cruttenden building, in connection with a proposed development of the subject property, and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

This report recommends that City Council approve the alterations proposed for the heritage property located at 601 Sherboume Street, the Thomas Cruttenden building, in connection with a proposed development of the subject property, and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

Background Information

(February 15, 2019) Report and Attachments 1-4 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Alterations to a Designated Heritage Property and Authority to Enter into a Heritage Easement Agreement - 601 Sherbourne Street (htt12://www.toronto.ca/legdocs/mmis/2019/Rb/bgrd/backgroundfile-129502. Rdf)

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage property at 150 College Street in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the existing building on the lands known municipally as 150 College Street, with such alterations substantially in accordance with plans and drawings prepared by RDHA Architects Inc., dated December 14, 2018, and on file with the Senior Manager, Heritage Preservation Services and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated January 10, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services, and subject to the following additional conditions:

a. That prior to the issuance of any permit for all or any part of the property at 150 College Street, including a heritage permit or a building permit, but excluding interior alterations not impacting identified interior attributes, permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. Amend the existing Heritage Easement Agreement for the property at 150 College Street in accordance with the plans and drawings dated December 14, 2018, prepared by RDHA Architects Inc. and on file with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, and subject to and in accordance with the Conservation Plan required in Recommendation 1.a.2 below, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such amending agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 150 College Street, prepared by ERA Architects Inc. and dated January 10, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

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

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

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

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

b. That prior to the release of the Letter of Credit required in Recommendation 1.a.6. above, the owner shall:

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

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2. City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement, registered on the title for the heritage property at 150 College Street, Instrument No. CA803389, dated June 18, 2003, and on file with the Senior Manager, Heritage Preservation Services, in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the Heritage Easement Agreement. For the property at 150 College Street

This report recommends that City Council endorse the conservation strategy generally described for the heritage property at 150 College Street and give authority to amend the existing Heritage Easement Agreement (HEA) with the property owner. The property at 150 College Street is designated under Part IV of the Ontario Heritage Act and is subject to an existing Heritage Easement Agreement. The applicant is proposing to renovate the Fitzgerald Building for continued academic/administrative use. The proposed alterations consist of a full interior renovation and minor exterior alteration which include: 1) An expanded entry from College Street at the southwest corner of the building; 2) Enclosure of a courtyard at the southeast portion of the building (non-street facing) to provide a new interior atrium space; and, 3) a fourth floor terrace and addition.  City Council's approval of the proposed alterations to the heritage property and authority to amend the existing Heritage Easement Agreement is required under the Ontario Heritage Act.

This report recommends that City Council endorse the conservation strategy generally described for the heritage property at 150 College Street and give authority to amend the existing Heritage Easement Agreement (HEA) with the property owner. The property at 150 College Street is designated under Part IV of the Ontario Heritage Act and is subject to an existing Heritage Easement Agreement. The applicant is proposing to renovate the Fitzgerald Building for continued academic/administrative use. The proposed alterations consist of a full interior renovation and minor exterior alteration which include: 1) An expanded entry from College Street at the southwest corner of the building; 2) Enclosure of a courtyard at the southeast portion of the building (non-street facing) to provide a new interior atrium space; and, 3) a fourth floor terrace and addition. City Council's approval of the proposed alterations to the heritage property and authority to amend the existing Heritage Easement Agreement is required under the Ontario Heritage Act.

Background Information

(February 5, 2019) Report and Attachments 1-4 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Alterations to a Designated Heritage Property and Amendment of an Existing Heritage Easement Agreement - 150 College Street (http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-129498.pdf)

The Toronto and East York Community Council recommends that: 

1. City Council state its intention to designate the property at 440 Unwin Avenue under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 440 Unwin Avenue (Reasons for Designation) attached as Attachment 3 to the report (February 7, 2019) from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning.

2. If there are no objections to the designation in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council.

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

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

This report recommends that City Council state its intention to designate the property at 440 Unwin Avenue under Part IV, Section 29 of the Ontario Heritage Act. 

Located in the Port Lands on the north side of Unwin Avenue, between Leslie and Cherry streets, the property contains the Richard L. Hearn Generating Station, a coal-based generating station for Toronto's emerging post-war economy, designed by the by the Stone & Webster Engineering Corporation and completed in phases in 1951, 1961 and 1971 for the Hydro-Electric Power Commission of Ontario (now known as Ontario Power Generation).  It was decommissioned in 1983.  The Province leased the property to the tenants in 2002 until they sold the property in November 2018.  During that time, the tenant sought a variety of permits to accommodate film and television studio production as well as a demolition permit for the generating station which was issued in 2010 and subsequently expired in 2017. The building interiors were subsequently stabilized between 2014 and 2016 to host large public events such as Luminato.

The Hearn, an icon of the civic spirit underpinning the Port Lands creation in 1912, has for over 70 years been a distinctive landmark on the Toronto waterfront with its tall chimney stack.  For more than 15 years City Council has expressed a desire to protect and preserve this waterfront landmark property.  Initially, through its inclusion on the City's Heritage Register in 2003, and then through a series of Council decisions, the City reaffirmed to the Provincial Government its interest in the Hearn Generating Station's preservation. As the property was owned by Ontario Power Generation, a provincial public body, it was exempt from designation by the City of Toronto. 

The Province of Ontario recognized the cultural heritage value of the property by including it on the List of Provincial Heritage Properties following a Cultural Heritage Evaluation in 2016.  As the property is now privately owned, it is no longer subject to provincial protection pursuant to Section B.3 of the Standards and Guidelines for Conservation of Provincial Heritage Properties dated April 28, 2010, prepared pursuant to Section 25.2 of the Ontario Heritage Act).  The authority for heritage protection now resides with City Council and the property may be designated by the City of Toronto under Part IV, Section 29 of the Ontario Heritage Act.

Following research and evaluation, it has been determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value. 

Designation under Part IV enables City Council to recognize the heritage value of the Hearn Generating Station, to identify and protect the heritage attributes and review alterations to the site, enforce heritage property standards and maintenance, and refuse demolition.

This report recommends that City Council state its intention to designate the property at 440 Unwin Avenue under Part IV, Section 29 of the Ontario Heritage Act. Located in the Port Lands on the north side of Unwin Avenue, between Leslie and Cherry streets, the property contains the Richard L. Hearn Generating Station, a coal-based generating station for Toronto's emerging post-war economy, designed by the by the Stone and Webster Engineering Corporation and completed in phases in 1951, 1961 and 1971 for the Hydro­Electric Power Commission of Ontario (now known as Ontario Power Generation). It was decommissioned in 1983. The Province leased the property to the tenants in 2002 until they sold the property in November 2018. During that time, the tenant sought a variety of permits to accommodate film and television studio production as well as a demolition permit for the generating station which was issued in 2010 and subsequently expired in 201 7. The building interiors were subsequently stabilized between 2014 and 2016 to host large public events such as Luminato.

The Hearn, an icon of the civic spirit underpinning the Port Lands creation in 1912, has for over 70 years been a distinctive landmark on the Toronto waterfront with its tall chimney stack. For more than 15 years City Council has expressed a desire to protect and preserve this waterfront landmark property. Initially, through its inclusion on the City's Heritage Register in 2003, and then through a series of Council decisions, the City reaffirmed to the Provincial Government its interest in the Hearn Generating Station's preservation. As the property was owned by Ontario Power Generation, a provincial public body, it was exempt from designation by the City of Toronto.

The Province of Ontario recognized the cultural heritage value of the property by including it on the List of Provincial Heritage Properties following a Cultural Heritage Evaluation in 2016. As the property is now privately owned, it is no longer subject to provincial protection pursuant to Section B.3 of the Standards and Guidelines for Conservation of Provincial Heritage Properties dated April 28, 2010, prepared pursuant to Section 25.2 of the Ontario Heritage Act). The authority for heritage protection now resides with City Council and the property may be designated by the City of Toronto under Part IV, Section 29 of the Ontario Heritage Act.

Following research and evaluation, it has been determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value.

Designation under Part IV enables City Council to recognize the heritage value of the Hearn Generating Station, to identify and protect the heritage attributes and review alterations to the site, enforce heritage property standards and maintenance, and refuse demolition.

Background Information

(February 7, 2019) Report and Attachments 1-4 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 440 Unwin Avenue
(httR://www.toronto.ca/legdocs/mmis/2019/Rb/bgrd/backgroundfi le-129500. Rdf)

Communications

(February 26, 2019) Letter from Mark Joblin (PB.Supp.PB3.5.l)
(httR://www.toronto.ca/legdocs/mmis/2019/Rb/comm/commu nicationfile-91730. Rdf)

Speakers

Mark Joblin, Counsel, Studios of America Corporation

The Toronto and East York Community Council  recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend before the Local Planning Appeal Tribunal in support of a settlement of the Lower Yonge Official Plan Amendment with permissions for two towers on Block 7, which is bounded by New Street, Harbour Street, Lower Jarvis Street and Lake Shore Boulevard East.

2. City Council authorize the City Solicitor to present the Draft Consolidated Lower Yonge OPA, in Attachment 1 to the supplementary report (March 12, 2019) from the Director, Community Planning, Toronto and East York District, at the Local Planning Appeal Tribunal pre-hearing conference scheduled for April 11, 2019.

3. City Council authorize the City Solicitor to make such further stylistic and technical changes to the Lower Yonge Official Plan Amendment as may be required and to take such further actions, as may be required, to give effect to City Council's decision.

4. City Council authorize the City Solicitor and other City staff to take such actions, as are required, to give effect to the Recommendations above. 

The purpose of this report is to request direction from City Council on the pending Local Planning Appeal Tribunal (LPAT) pre-hearing on the Lower Yonge Official Plan Amendment (OPA), adopted by City Council at their June 7, 8 and 9, 2016 meeting.

The Lower Yonge OPA, as amended by the 1-7 Yonge Street and 55 Lake Shore Boulevard East site-specific LPAT settlements, is scheduled to be presented to the LPAT on April 11, 2019. Choice Properties REIT (ChoiceREIT) is a Party to the upcoming LPAT Pre-Hearing and requested an OPA policy change to permit two towers on Block 7 to realize the OPA density permission of 12.5 times lot area (approximately 158,000 square meters of GFA) on 10 Lower Jarvis Street.

ChoiceREIT developed a two-tower built form demonstration model based upon the Lower Yonge OPA tall building criteria and policies. After extensive review of the two-tower demonstration model by City Planning, informed by the built form criteria of the City's Tall Building Guidelines, the Lower Yonge Precinct Plan and the Lower Yonge OPA, as amended by the site-specific LPAT settlements, Planning staff supports the proposed two tower policy amendment.

It is recommended that City Council modify the Lower Yonge OPA to permit two towers on Block 7, bounded by future Harbour Street, future New Street, Lower Jarvis Street and Lake Shore Boulevard East, in accordance with the recommendations included within this Request for Directions Report.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor to present the Draft Consolidated Lower Yonge Official Plan Amendment,  as set out in  Attachment 1 to this report, at the Local Planning Appeal Tribunal pre-hearing conference scheduled for April 11, 2019; and,

2. City Council authorize the City Solicitor to make such further stylistic and technical changes to the Lower Yonge Official Plan Amendment as may be required and to take such further actions, as may be required, to give effect to the recommendation above.

This Report is supplemental to the Community Planning Report of February 28, 2019 (Item TE4.18) regarding a request for direction in advance of the pending Local Planning Appeal Tribunal (LPAT) pre-hearing on the Lower Yonge Official Plan Amendment as adopted by City Council at their June 7, 8 and 9, 2016 meeting (the Lower Yonge OPA).

The purpose of this report is to report on further modification to the Lower Yonge OPA that resolves all outstanding issues. The recommendations in this Supplemental Report are in addtion to the recommendation included with the Community Planning Report of February 28, 2019 (Item TE4.18).

The City has reached agreement on modifications to the Lower Yonge OPA with the three landowners of the Lower Yonge Precinct. As these site-specific settlement negotiations have been ongoing since the Lower Yonge OPA was adopted in 2016, staff have not had an opportunity to present Council with a consolidated version of the OPA. Accordingly, a consolidated Lower Yonge OPA, as amended by the settlements for 1-7 Yonge Street (Pinnacle Site); 55 to 59 Lake Shore Boulevard East, 33 to 53 Freeland Street and 2 and 15 Cooper Street (Menkes Site); and 10 Lower Jarvis Street and 125 Lake Shore Boulevard East (ChoiceREIT site) is attached to this Report as Attachment 1 (the "Draft Consolidated Lower Yonge OPA with Maps L1 to L11").

It is recommended that City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to present the Draft Consolidated Lower Yonge OPA at the LPAT pre-hearing conference scheduled for April 11, 2019.

In addition, Community Planning recommend that City Council authorize the City Solicitor and other City staff to take such actions, to make further non-substantive changes to the Lower Yonge OPA as may be required.

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application for 265 Balliol Street.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (January 26, 2019) from the Director, Community Planning, Toronto and East York District and to report back to City Council on the outcome of discussions, if necessary.

3. City Council defer making a decision at this time on the Rental Housing Demolition and Conversion Application (17 224019 STE 22 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the seven (7) existing rental dwelling units at 265 Balliol Street, known municipally as 239-251 Balliol Street, and instruct staff to report to Toronto and East York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment appeal, if necessary.

4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part:

a. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending City Council approval of Application 17 224019 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the seven (7) existing rental dwelling units at 265 Balliol Street, known municipally as 239-251 Balliol Street.

b. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands pending confirmation of water, sanitary and stormwater capacity from the Chief Engineer and Executive Director, Engineering and Construction Services, and pending receipt of a Functional Servicing and Stormwater Management Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

c. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeal for the subject lands until such time as the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the owner have provided Zoning By-laws to the Tribunal in a form and with content satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor, including securing the tenure of retained rental dwelling units and needed improvements to the rental building in conformity with Section 3.2.1.5 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such tenant assistance, any other rental related matters, and other Section 37 matters, all to the satisfaction of the City Solicitor.

d. City Council authorize the Chief Planner and Executive Director, City Planning to secure services, facilities or matters pursuant to Section 37 of the Planning Act, in consultation with the Ward Councillor, for matters including, but not limited to:

     i. public realm improvements in the Yonge-Eglinton Secondary Plan Area;
     and/or

     ii. community services and facilities in the Yonge-Eglinton Secondary Plan
     Area in accordance with the priorities identified in the Council-adopted Yonge
     Eglinton Official Plan Amendment (OPA 405)'s Community Services and
     Facilities Strategy; and/or

     iii. tenant assistance plan; and/or

     iv. any other matters to be secured as a matter of convenience.

1. City Council request the City Solicitor to request the Local Planning Appeal Tribunal to consider the cumulative impacts, including community services and physical infrastructure, of the proposed developments on the following subject sites in, and adjacent to, the Davisville Village Apartment Neighbourhood currently under appeal: 

1925-1951 Yonge Street, 17-21 Millwood Road, and 22 Davisville Avenue

22 Balliol Street

30 Merton Street

141 Davisville Avenue

265 Balliol Street.

This application proposes to demolish seven existing rental townhouse dwellings and replace them in a new 29-storey residential building with a six-storey base building to the west of an existing 26-storey rental apartment building at 265 Balliol Street.

The proposed development is not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017). The proposal also does not conform with the Toronto Official Plan.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the appeal at the Local Planning Appeal Tribunal (LPAT). The proposed building does not fit within the character of the Apartment Neighbourhood along this section of Balliol Street in terms of height and density and does not provide an appropriate transition from the adjacent Mixed Use Area.

The Toronto and East York Community Council  recommends that:  

1. City Council deny the request for a permit to remove one (1) privately-owned tree located at 21 Queensdale Avenue.

This report recommends that City Council deny the application for a permit to remove one (1) privately-owned tree located at 21 Queensdale Avenue. The application indicates the reasons for removal are to address concerns that the tree is too close to the deck and other infrastructure, and that the falling walnuts create a hazard for individuals using the deck and property.

The subject tree is a black walnut (Juglans nigra), measuring 41 cm in diameter. The Tree By-law does not support the removal of this tree as it is healthy and maintainable.

The Toronto and East York Community Council recommends that:

1. City Council authorize the General Manager, Transportation Services to grant a temporary permit to the Forest Hill Village BIA for the operation of a public installation within a parking space on the east side of Spadina Road, North of Lonsdale Road, in the location shown as a parklet zone on the drawing entitled "Schematic Site Plan" attached as Appendix A to the report (February 14, 2019) from the General Manager, Economic Development and Culture for the period of June 15, 2019 to November 14, 2019 inclusive, subject to the conditions listed in Appendix B.

2. City Council recind the traffic and parking regulations outlined in Appendix C – By-Laws to be Rescinded, and generally shown in the drawing entitled, "Plan View of By-Laws to be Rescinded during Pilot Program" attached as Appendix D to the report (February 14, 2019) from the General Manager, Economic Development and Culture.

3. City Council enact the traffic and parking regulations outlined in Appendix E – By-Laws to be Enacted, and generally shown in the drawing entitled "Plan View of By-Laws to be Enacted During Pilot Program" attached as Appendix F to the report (February 14, 2019) from the General Manager, Economic Development and Culture.

4. City Council direct that Spadina Road be returned to its pre-pilot project traffic and parking regulations when the project is complete in November 2019.

5. City Council temporarily close to vehicular traffic the eastern 2.6 metres of the northbound lane of Spadina Road from a point 17.9 metres north of Lonsdale Road to a point 6.7 metres further north for the period of June 15, 2019 to November 14, 2019, inclusive, to facilitate the construction and operation of the public parklet as described in Appendix A to the report (February 14, 2019) from the General Manager, Economic Development and Culture.

6. City Council direct that the General Manager, Transportation Services is authorized to establish any policies and procedures necessary to implement the temporary permit and/or street work processes set out in the report (February 14, 2019) from the General Manager, Economic Development and Culture and may, as appropriate, adopt and adapt any requirements from City of Toronto Municipal Code Chapter 743 for the purposes of issuing the public installation on a curb lane permit.

7. City Council authorize the City Solicitor to introduce the necessary bills to give effect to the recommendations above and 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 in order to give effect to the reasonable operation of the Forest Hill Village Parklet Pilot Project.

8. City Council authorize the General Manager of Transportation Services, to enter into agreements, in a form satisfactory to the General Manager, and to execute the agreements associated with the issuance of a permit for the Forest Hill Village Parklet Pilot Project.

This report is required to enable the implementation and evaluation of a pilot project for the temporary installation of a parklet on Spadina Road in conjunction with other public realm improvements contained within the Streetscape Master Plan for Forest Hill Village.  City Council approval is required because Spadina Road has a Toronto Transit Commission (TTC) route.

The pilot project will maintain the existing 2-way traffic lanes and will require no modifications to Spadina Road.

Staff from Transportation Services, Public Realm, Legal Services, Toronto Parking Authority and the Toronto Transit Commission  have been consulted in the preparation of this report.

The Toronto and East York Community Council recommends that:

1. City Council approve 826-834 Yonge Street and 2-8 Cumberland Street Public Art Plan as attached in Attachment 1 to the report (February 22, 2019) from the Director, Urban Design, City Planning

The purpose of this staff report is to seek City Council approval of 826-834 Yonge Street and 2-8 Cumberland Street Public Art Plan. The Plan, which is included as Attachment 1 of this report, outlines the method by which the owner will commission public art on a publicly-accessible area of the development site.

The Public Art Plan provides a framework and description of the commissioning of public art including; introduction; project team; Section 37 agreement reference; public art objectives; public art location; budget; selection process; artist candidates; jury composition and schedule.

The attached plan meets the objectives of the City Planning's Percent for Public Art Guidelines and is supported by the Toronto Public Art Commission.

The Toronto and East York Community Council recommends that:

1. City Council approve the continuation of the closure of the sidewalk and a portion of the eastbound curb lane on the south side of Davenport Road, between Hazelton Avenue and a point 35 metres west and provision of a temporary pedestrian walkway within the closed portion of the eastbound curb lane, from March 27, 2019 to April 30, 2020.

2. City Council direct the applicant to continue posting a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

3. City Council direct the applicant to continue providing and installing public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

4. City Council direct the applicant to continue sweeping the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe.

5. City Council direct the applicant to continue pressure washing the construction site and adjacent sidewalks and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.

6. City Council direct the applicant to continue ensuring that the existing sidewalks or the proposed pedestrian walkway have proper lighting to ensure safety and visibility at all times of the day and night.

7. City Council direct the applicant to continue consulting and communicating all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

8. City Council direct the applicant to continue installing appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

9. City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is complete.

As the Toronto Transit Commission operates a transit service on Davenport Road, City Council approval of this report is required.

Clark Construction Management is constructing a 9-storey condominium building at 128 Hazelton Avenue. The site is located in the south-west corner of Davenport Road and Hazelton Avenue. The sidewalk and a portion of the eastbound lane on the south side of Davenport Road fronting the site are currently closed to accommodate construction staging operations for the development.

City Council, at its meeting on January 31 and February 1, 2018, approved the subject construction staging area on Davenport Road, from February 7, 2018 to February 7, 2019. A time extension of the construction staging area on Davenport Road for an additional 13 months (i.e. from March 27, 2019 to April 30, 2020), in order to complete the construction of the development.

The Toronto and East York Community Council recommends that:

1.  City Council approve the closure of the west sidewalk and a 3.3 metre wide portion of the southbound curb lane on Spadina Avenue, between a point 21 metres north of College Street and a point 31.5 metres north and provision of a temporary pedestrian walkway within the closed portion of the southbound curb lane, from April 1, 2019 to July 31, 2020.

2. City Council amend the existing taxicab stand in effect anytime except from 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 5:30 p.m., Monday to Friday, on the west side of Spadina Avenue, between a point 58 metres north of College Street and a point 12 metres further north, to be in effect between a point 70 metres north of College Street and a point 12 metres further north.

3. City Council amend the existing maximum 15 minute parking regulation in effect from 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 5:30 p.m., Monday to Friday, on the west side of Spadina Avenue, between a point 58 metres north of College Street and a point 12 metres further north, to be in effect between a point 70 metres north of College Street and a point 12 metres further north.

4. City Council amend the existing parking machine regulation in effect from 8:00 a.m. to 9:00 p.m., Monday to Saturday and 1:00 p.m. to 9:00 p.m. Sunday, on the west side of Spadina Avenue, between a point 70 metres north of College Street and a point 22 metres further north, to be in effect between a point 81 metres north of College Street and a point 11 metres further north.

5. City Council amend the existing passenger loading zone in effect from 7:30 a.m. to 9:30 a.m. and 3:30 p.m. to 5:30 p.m., Monday to Friday, for a maximum period of 15 minutes, on the west side of Spadina Avenue, between a point 58 metres north of College Street and a point 12 metres further north, to be in effect between a point 70 metres north of College Street and a point 12 metres further north.

6. City Council amend the existing stopping prohibition in effect at all times, on the west side of Spadina Avenue, between a point 60 metres south of College Street and a point 58 metres north of College Street, to be in effect from a point 60 metres south of College Street and a point 70 metres north of College Street.

7. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

8. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

9. City Council direct that Spadina Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.

10.  City Council direct the applicant to install and pay for traffic advisory signs at the corners of Sussex Avenue and Willcocks Street, on the western side of Spadina Avenue, according to Transportation's direction.

As the Toronto Transit Commission operates a transit service on Spadina Avenue, City Council approval of this report is required.

Fitzrovia Real Estate Inc. is constructing a 15-storey mixed-use development at 484 Spadina Avenue. The site is located on the north-west quadrant of Spadina Avenue and College Street.

In order to enable construction of the above mentioned development, Transportation Services is requesting approval to close a portion of the southbound curb lane and the sidewalk on the west side of Spadina Avenue, between a point 18 metres north of College Street and a point 52 metres north for a period of 16 months.

The Toronto and East York Community Council recommends that:

1. City Council approve the continuation of the closure of the east sidewalk and a 3.0 metre wide portion of the northbound curb lane on Yonge Street, between Belsize Drive and Millwood Road, from April 3, 2019 to August 31, 2019.

2. City Council direct the applicant to continue posting a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

3. City Council direct the applicant to continue providing and installing public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

4. City Council direct that Yonge Street, Belsize Drive and Millwood Road be returned to its pre-construction traffic and parking regulations when the project is complete.

As the Toronto Transit Commission operates a transit service on Yonge Street, City Council approval of this report is required.

Mattamy Homes is constructing a 9-storey mixed-use development at 1955 Yonge Street. The site is located on the east side of Yonge Street, between Belsize Drive and Millwood Road. The sidewalk and a portion of the northbound lane on the east side of Yonge Street fronting the site are currently closed to accommodate construction staging operations for the development.

City Council, at its meeting on March 26 and 27, 2018, approved the subject construction staging area on Yonge Street, from April 2, 2018 to April 2, 2019. A time extension of the construction staging area on Yonge Street has been requested for an additional 5 months (i.e. from April 3, 2019 to August 31, 2019), in order to complete the construction of the development.

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation of an on street accessible parking space at the location identified in Appendix A attached to the report (February 27, 2019), from the Acting Director, Traffic Management, Transportation Services.

The purpose of this report is to obtain approval for the installation of an on-street accessible parking space for persons with disabilities.

As the Toronto Transit Commission operates a transit service on the subject street, City Council approval of this report is required.

The Toronto and East York Community Council recommends that:

1.  City Council prohibit standing at all times on the south side of Springhurst Avenue, between Dufferin Street and Fort Rouille Street.

2.  City Council rescind the existing parking prohibition at all times on the north side of Springhurst Avenue, between Dufferin Street and Jameson Avenue.

As the Toronto Transit Commission (TTC) operates a transit service on Springhurst Avenue, between Dufferin Street and Fort Rouille Street, City Council approval of this report is required.

Transportation Services is requesting approval to amend the existing parking prohibition to a standing prohibition on the south side of Springhurst Avenue, between Dufferin Street and Fort Rouille Street.  The proposed amendment will deter parking at this location and will improve transit operations and vehicle movements by maintaining a clear passage for Toronto Transit Commission vehicles.

The Toronto and East York Community Council recommends that:

1. City Council prohibit standing at anytime on the west side of Bathurst Street, between College Street and a point 62.1 metres north.

As the Toronto Transit Commission operates a transit service on Bathurst Street, City Council approval of this report is required.

Transportation Services is requesting approval to increase the current standing prohibition on the west side of Bathurst Street by 5.5 metres, just north of the parking garage for MTCC #935 Condo Building  (456 College Street).  This change will improve the sight lines between southbound motorists and motorists exiting the parking garage and will result in the loss of one payand display parking space.

The Toronto and East York Community Council recommends that:  

1. City Council prohibit standing at all times on the east side of Broadview Avenue, between Gamble Avenue and a point 26.4 metres south.

2. City Council prohibit standing at all time on the west side of Broadview Avenue, between Gamble Avenue and a point 67 metres north.

3. City Council rescind the existing parking prohibition in effect from 7:00 a.m. to 9:00 a.m., Monday to Friday, except public holidays, on the east side of Broadview Avenue, between Gamble Avenue and a point 26.4 metres south.

4. City Council rescind the existing parking prohibition in effect from 4:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on the west side of Broadview Avenue, between Gamble Avenue and a point 67 metres north.

As the Toronto Transit Commission (TTC) operates a transit service on Broadview Avenue, City Council approval of this report is required.

Transportation Services is requesting approval to prohibit standing at all times on a section of Broadview Avenue north and south of Gamble Avenue.  The proposed standing prohibition is recommended in order to improve sightlines and address safety concerns expressed by residents exiting Gamble Avenue onto Broadview Avenue.

The Toronto and East York Community Council recommends that:  

1. City Council prohibit standing at all times on the east side of Carlaw Avenue, between a point 52.7 metres north of Dundas Street East and a point 20.3 metres further north.

2. City Council rescind the existing parking prohibition in effect from 4:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on the east side of Carlaw Avenue, between a point 52.7 metres north of Dundas Street east and a point 20.3 metres further north, and between a point 63 meters south of Dundas Street East and a point 57 metres south of Dundas Street East.

3. City Council rescind the existing parking machine regulation in effect from 8:00 a.m. to 4:00 p.m., Monday to Saturday, and from 1:00 p.m. to 6:00 p.m., Sunday, on the east side of Carlaw Avenue, between a point 52.7 metres north of Dundas Street east and a point 20.3 metres further north.

4. City Council amend the existing parking prohibition in effect at all times on the east side of Carlaw Avenue, between a point 93 metres south of Dundas Avenue East and a point 63 metres south of Dundas Avenue East, to be in effect between a point 94 metres south of Dundas Avenue East and a point 57 metres south of Dundas Street East.

5. City Council rescind the existing maximum two-hour parking limit in effect from 8:00 a.m. to 4:00 p.m., Monday to Friday, on the east side of Carlaw Avenue, between a point 63 metres south of Dundas Street East and Gerrard Street East (north intersection).

As the Toronto Transit Commission operates a transit service on Carlaw Avenue, City Council approval of this report is required.

Transportation Services is requesting approval to prohibit standing at all times on the west side of Carlaw Avenue, between Dundas Street East and a point 73 metres north, within the vicinity of the access that services No. 345 to No. 349 Carlaw Avenue.  The proposed stopping prohibition is recommended in order to improve sight lines and address safety concerns expressed by residents exiting the driveway of the above-mentioned properties.

The Toronto and East York Community Council recommends that:

1. City Council grant an exemption to Special Olympics Ontario, Ontario Farm Fresh Marketing Association, Music Sector, Film and Entertainment Industries, Special Events Sponsorship - City of Toronto, Filipino Centre Toronto, Toronto Inner City Rugby Foundation, United Way Toronto and York Region and Group Sensation Mode to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

- Approval of the Alcohol and Gaming Commission of Ontario

- Approval of the Medical Officer of Health

- Compliance with the City of Toronto’s Municipal Alcohol Policy

- Receipt of all the necessary permits associated with the production of the event i.e. building permit, noise by-law extension permit.

2.  City Council grant permission to Gursikh Sabha Canada/Ontario Sikhs and Gurdwara Council's, Autism Speaks of Canada, Make a Wish Foundation, Camp Jumoke, I Can, We Can Inc., Community Development Unit - City of Toronto, Long Term Care Homes and Services - City of Toronto, Canadian Helen Keller Centre, Falun Dafa Association of Toronto, Sing! The Toronto Vocal Arts Festival, Special Olympics Ontario, Social Development, Finance and Administration - City of Toronto, Beat the Streets, Fast in the 6 Inc., Toronto Inner City Rugby Foundation, United Way Toronto and York Region, Strategic Protocol and External Relations - City of Toronto and Group Sensation Mode to solicit donations in support of their organizations.

3.  City Council grant permission to Baycrest Foundation, Strategic Protocol and External Relations - City of Toronto and Group Sensation Mode to place objects in the reflecting pool.

4.  City Council grant permission to Gursikh Sabha Canada/Ontario Sikhs and Gurdwara Council, Autism Speaks of Canada, Make a Wish Foundation, Camp Jumoke, I Can, We Can Inc., Special Olympics Ontario, Social Development, Finance and Administration - City of Toronto, Beat the Streets, Music Sector, Film and Entertainment Industries, Special Events Sponsorship - City of Toronto, Filipino Centre Toronto, Toronto Inner City Rugby Foundation, United Way Toronto and York Region,  Community Development Unit - City of Toronto and Group Sensation Mode to engage in sport demonstrations.  

5.  City Council grant permission to Special Olympics Ontario and Group Sensation Mode to host “ticketed" events in support of their organization.

6.  City Council grant permission to Special Olympics Ontario, Social Development, Finance and Administration - City of Toronto, Beat the Streets, Strategic Protocol and External Relations - City of Toronto, Toronto Inner City Rugby Foundation, Make a Wish Foundation, Group Sensation Mode and Canadian Council of Sheet metal Workers & Roofers' for sound amplification outside of NPS amplification schedule policy.

7.  City Council grant permission to Special Olympics Ontario, Fast in the 6 Inc., Group Sensation Mode and Strategic Protocol and External Relations - City of Toronto to use open flame as part of their event production.   

8.  City Council grant permission to Fast in the 6 Inc. and Group Sensation Mode to use special effects pyrotechnics as part of their event production.

9.  City Council require that the various events compensate the City of Toronto, through the Facilities Management Division, for all City of Toronto costs associated with an event above the standard staffing compliment.

The purpose of this report is to request various exemptions from the Municipal Code Chapter 237 “Nathan Phillips Square” for events to be held on Nathan Phillips Square, April - June, 2019.

The Toronto and East York Community Council recommends that:

1.  City Council endorse the requests for extended licensed hours or areas listed below:

2.  City Council state its objection to the request from Jimmy Good for The Bout 2019 Music Festival & Competition, NEST, 423 College Street for a liquor licence extension until 4:00 a.m. on the following dates:

May 3 and 4, 2019.

1.  The Toronto and East York Community Council, on March 19, 2019, under its delegated authority, under Chapter 27-152, Delegation to Community Councils, declared the following to be events of municipal significance for liquor licensing purposes:    

This report requests that Community Council consider requests from various event holders for Community Council to declare events municipally significant, and for Council to endorse temporary extensions to licensed hours or areas, for liquor licensing purposes.

The Ombudsman recommends that City Council receive the report for information.

Pursuant to section 170(2) of the City of Toronto Act, 2006 (COTA), Ombudsman Toronto has concluded an Enquiry into Toronto Hydro's Project Carlaw: Pole Replacement in the former Ward 30.

We hereby table with City Council for its March 2019 session the Enquiry Report, dated February 13, 2019.

The Ombudsman recommends that City Council receive the report for information.

At City Council's request, this report provides an update on the implementation by Toronto Community Housing Corporation (TCHC) of recommendations in Ombudsman Toronto's January, 2018 report of an Investigation into TCHC's Medical and Safety at Risk Priority Transfer Process for Tenants.

The Lobbyist Registrar recommends that:

1.  City Council receive this report for information.

Lobbyists are required to register and report communications with public office holders about the procurement of goods, services or construction and awarding of a contract according to Chapter 140 of the Toronto Municipal Code, Lobbying (the “Lobbying By‑law”).  However, the Lobbying By-law restricts communications during an active procurement to only those permitted by the Toronto Municipal Code Chapter 195, Purchasing (the “Purchasing By-law”), applicable procurement policies and procurement documents (solicitations).

From the time the solicitation is issued, through to the time of the formal acceptance of a bid, and the resulting signed written contract between the City and the successful supplier (the “Blackout Period”), communications regarding the procurement are restricted to the Chief Purchasing Official or the employee specifically designated for that purpose in the solicitation (the “City Contact”).

Communications with any public office holder, other than the City Contact during the Blackout Period, are contraventions of the Lobbying By-law.  Any communications raising a dispute with the procurement process made during the Blackout Period must be made in accordance with Article 10 of the Purchasing By-law.  Any communications not made in accordance with this Article are also contraventions of the Lobbying By-law.  Compliance with the Lobbying By-law, and all relevant procurement rules is required to preserve both lobbying transparency and the integrity of the City’s procurement processes.