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).

October 24, 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 October 2 and 3, 2019.

Deferred Items:

Planning and Housing Committee Item PH8.8

North York Community Council Item NY8.3

North York Community Council Item NY8.4

Report of the Executive Committee from Meeting 9 on October 23, 2019

Submitted by Mayor John Tory, Chair

Report of the Civic Appointments Committee from Meeting 10 on October 15, 2019

Submitted by Deputy Mayor Denzil Minnan-Wong, Chair

Report of the Economic and Community Development Committee from Meeting 8 on October 16, 2019

Submitted by Councillor Michael Thompson, Chair

Report of the General Government and Licensing Committee from Meeting 8 on October 7, 2019

Submitted by Councillor Paul Ainslie, Chair

Report of the Infrastructure and Environment Committee from Meeting 8 on October 17, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Planning and Housing Committee from Meeting 9 on October 15, 2019

Submitted by Councillor Ana Bailão, Chair

Report of the Etobicoke York Community Council from Meeting 9 on October 10, 2019

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 9 on October 10, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Toronto and East York Community Council from Meeting 9 on October 10, 2019

Submitted by Councillor Gord Perks, Chair

New Business and Business Previously Requested submitted by the Mayor and 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 Planning and Housing Committee recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council direct that Confidential Attachment 1 to the report  (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.

This report responds to the Auditor General's recommendation to the City Council with respect to funds secured under Sections 37 and 45 of the Planning Act, and that the Chief Planner assess the status of community benefits secured since amalgamation (January 1, 1998).  The Chief Planner was asked to provide an appropriate level of assurance that cash that should have been received, has been received and to report on any uncollectible benefits.  A report was adopted by the Planning and Growth Management Committee on March 22, 2012 which provided an analysis of Sections 37 and 45 approvals from 1998 through 2007.  This report provides an analysis of approvals from 2008 through to 2017 and responds to the Committee's request that City Planning staff, in cooperation with Legal and Finance staff continue to investigate and pursue outstanding Section 37 and Section 45 funds which are due but for which no records of payments have been found.

An examination by City Planning staff reveals that a total of $486.5 million has been secured from 554 Section 37 and 45 approvals from 2008 through to 2017. A line by line analysis of the outstanding funds reveals that approximately $3.3 million was to be paid but never received. Through collection efforts $2.6 million was recovered, leaving $701,387 that related to 5 developments as potentially outstanding where no record of payment has been found to date. These 5 developments are listed in Attachment 1 to this report.

North York Community Council recommends that:

1. City Council amend former City of North York Zoning By-law 7625, for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 28, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (August 28, 2019) from the Director, Community Planning, North York District.

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

4. Before introducing the necessary Bills to City Council for enactment, City Council direct that outstanding engineering issues outlined in the memo dated July 29, 2019, from Engineering and Construction Services as they relate to the zoning by-law amendment are to be addressed to the satisfaction of the Executive Director and Chief Engineer, Engineering and Construction Services.

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

a. enter into a Heritage Easement Agreement with the City for the property at 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019, and on file with the Senior Manager, Heritage Preservation Services and in accordance with the Conservation Plan required in Recommendation 5.b below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor; and

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

North York Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house. The new lots would be located at the southeast corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews and recommends approval of the application to amend the Zoning By-law. The application provides for the preservation and restoration of an existing designated heritage structure, and provides the opportunity for new detached dwellings which are compatible with the surrounding neighbourhood. Furthermore, the proposal conforms with the Toronto Official Plan.

The purpose of this supplementary report is to delete a previously recommended condition which is not required. This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house.

North York Community Council recommends that:

1. City Council approve the alterations to the heritage building at 1299 Don Mills Road, in accordance with Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019 and on file with the Senior Manager, Heritage Preservation Services and subject to the following 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 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019 and on file with the Senior Manager, Heritage Preservation Services 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; and

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 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

b.  that prior to the issuance of any permit for all or any part of the property at 1299 Don Mills Road, 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; and

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

c. that prior to the release of the Letter of Credit required in Recommendation 1.b. 3 above, the owner shall:

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

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

This report recommends Council approve the proposed alterations at the existing two-storey house at 1299 Don Mills Road and enter into a Heritage Easement Agreement.  The subject property at 1299 Don Mills Road - the George Gray House - is designated under Part IV of the Ontario Heritage Act, comprising a farmhouse built prior to 1894.

This application proposes to permit the creation of three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house, which will be retained in-situ. The new lots would be located at the corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposal is to retain the original house and its 1920s two-storey eastern addition in-situ and to demolish the 1950s single-storey rear additions and the one-storey sunroom at the southwest.  A new single-storey addition containing garage and residential space is proposed at the east elevation, along with a two-storey addition at the north, a new single-storey sun room and the alteration of the existing roof height at the existing rear addition.  Landscape alterations include lowering the existing fence height along Don Mills Road, allowing for greater visibility of the property's primary western elevation.  The proposed alterations would have a minimal impact on the heritage character of the existing building and are considered to be sensitive and appropriate.

This report recommends Council approve the proposed alterations at the existing two-storey

house at 1299 Don Mills Road and enter into a Heritage Easement Agreement. The subject

property at 1299 Don Mills Road - the George Gray House - is designated under Part IV of the Ontario Heritage Act, comprising a farmhouse built prior to 1894.

This application proposes to permit the creation of three new lots for three new detached

dwellings and a retained lot for the existing George Gray heritage house, which will be retained in-situ. The new lots would be located at the corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposal is to retain the original house and its 1920s two-storey eastern addition in-situ and to demolish the 1950s single-storey rear additions and the one-storey sunroom at the

southwest. A new single-storey addition containing garage and residential space is proposed at the east elevation, along with a two-storey addition at the north, a new single-storey sun room and the alteration of the existing roof height at the existing rear addition. Landscape alterations include lowering the existing fence height along Don Mills Road, allowing for greater visibility of the property's primary western elevation. The proposed alterations would have a minimal impact on the heritage character of the existing building and are considered to be sensitive and appropriate.

The Executive Committee recommends that:

1.  City Council authorize the City Manager and any other relevant City Officials, in consultation with the Chief Executive Officer, Toronto Transit Commission and the City Solicitor, to negotiate, enter into and execute an agreement (the “Preliminary Agreement”) with the Province and/or any other relevant provincial agency, in accordance with the terms set out in the term sheet attached as Attachment 6 to the report (October 15, 2019) from the City Manager reflecting the principles/parameters set out in the letters from the Minister of Transportation and the Special Advisor to Cabinet provided as Attachments 7 and 8 to the report (October 15, 2019) from the City Manager.

2.  City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to negotiate a Master Agreement and/or other applicable Agreements with the Province and/or any other relevant provincial agency for the purposes of the planning, procurement, construction, operations, and maintenance of the provincial priority projects, on the terms set out in Attachment 6 to the report (October 15, 2019) from the City Manager and any additional terms deemed necessary, and to report back to the Executive Committee on the results of such negotiations.

3.  Subject to entering into the Preliminary Agreement, and in anticipation of the realization of the City's project expectations including project benefits as described in the report (October 15, 2019) from the City Manager, City Council endorse the re-allocation of the federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 in accordance with the following, and direct the City Manager to advise the Government of Canada and the Province of Ontario accordingly:

a.  up to $0.660 billion for the Province's proposed three-stop Line 2 East Extension as described in the 2019 Ontario Budget; and

b.  up to $3.151 billion for the Province's proposed Ontario Line as described in the 2019 Ontario Budget and Initial Business Case.

4.  City Council direct the City Manager to provide semi-annual updates to City Council regarding the ongoing realignment of transit responsibilities and status of the provincial transit expansion program.

5.  City Council direct the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to ensure the provincial priority projects continue to materially meet the City's expectations and provide the anticipated benefits as described in the report (October 15, 2019) from the City Manager, and report back to City Council in the event of changes to the provincial priority projects that vary materially from such expectations.

6.  City Council direct the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to report in 2020, prior to the launch of the 2021 budget process, on funding and financing options for the reallocation of funds previously approved, identified, or contemplated for the provincial priority projects, for the purposes of state-of-good-repair of the Toronto Transit Commission subway network informed by Attachment 1 to the report (October 15, 2019) from the City Manager, and other expansion projects.

7.  City Council direct the City Manager to work with the Provincial and Federal governments to develop a long-term plan for dedicated and stable funding to support ongoing transit operations, state of good repair, and expansion projects.

8.  City Council direct the Deputy City Manager, Infrastructure and Development Services, to engage with Metrolinx through the next stages of detailed design and the Transit Project Assessment Process to mitigate the potential local impacts of the four new transit lines, with particular focus on the above ground sections of the Ontario Line and to ensure City staff are involved in reviewing and informing plans for:

a. safety, including City safety standards;
b. noise and vibration;
c. proximity of tracks to buildings and houses;
d. construction impacts and constructability;
e. impacts to local services and amenities including parks and community centres;
f. station location and integration with local communities;

g. accessibility; and

h. business impacts.

9. City Council direct the Deputy City Manager, Infrastructure and Development Services to request Metrolinx to mitigate the impacts described in Recommendation 8 above and to consider options for constructing further portions of the Ontario Line underground, where local impacts cannot be reasonably managed.
 

10. City Council direct the Deputy City Manager, Infrastructure and Development Services to engage with Metrolinx to ensure robust community consultations with communities through which the new lines will be constructed.

The Deputy City Manager, Infrastructure and Development Services gave a presentation on Toronto-Ontario Transit Update. 

The purpose of this report is to provide City Council with both an update on the status of the technical assessment of the Province's Sole Responsibility Projects and progress on discussions between the City and the Province in accordance with the Terms of Reference for the Realignment of Transit Responsibilities Review. Based on the results of the technical assessment and the current status of discussions on the realignment of transit responsibilities between the City and Province, this report includes a series of recommendations to ensure ongoing engagement to advance important transit initiatives to support the City's growth. This report was prepared in consultation with the Chief Executive Officer, Toronto Transit Commission.

For context, over the next twenty years, the City's population is projected to grow by about 960,000 people. By 2041, the City's population will be more than 3,900,000, exceeding the Provincial Growth Plan forecasts by more than 500,000[1].  This growth will add pressure to Toronto's transit infrastructure, already in need of significant investment by all orders of government. The City and Toronto Transit Commission have identified state of good repair and growth needs totaling at least $33.5 billion as per the Toronto Transit Commission Capital Investment Plan.  The Province, in announcing its investment in their four priority projects (i.e., Ontario Line, three-stop Line 2 East Extension, Yonge Subway Extension and Eglinton West Light Rail Transit), has estimated an investment of at least $28.5 billion.  Taken together, this represents a more than $60 billion in transit investment, critical to maintaining the safety and reliability of the existing system and growing the system to meet mobility demands of the City and region.

Technical Assessment of Provincial Projects

Since the last report to City Council on the status of the Toronto-Ontario Transit Responsibilities Realignment Review, City and Toronto Transit Commission staff have continued to meet with Provincial staff for the purpose of carrying out the assessment of the Provincial Priority Projects. City and Toronto Transit Commission staff have assessed the Ontario Line and Line 2 East Extension, and will now, with City Council’s support, work with the Province to advance all four priority projects.

Based on the Ontario Line proposal, and the level of design completed to date in respect to the Line 2 East Extension (3-stop), the City and Toronto Transit Commission believe the projects as proposed have the ability to deliver positive benefits to Toronto's transit network, and are therefore supportable in principle. Both projects have elements that are similar to projects previously considered by Council and as such have the potential to bring similar positive benefits to the City, including contributing to the relief of Line 1.  Further, both projects will enhance the transit network by providing new higher-order transit lines throughout the city including to equity-seeking communities. The City and Toronto Transit Commission have received limited information regarding the Eglinton West Light Rail Transit and the future plans for the Yonge Subway Extension to date and will continue to work with the Province to better understand the benefits of those projects.

As part of the technical assessment, the City and Toronto Transit Commission have also identified key areas requiring further discussion with the Province in order to ensure that the projects continue to materially deliver the anticipated minimum benefits and address City expectations. City and Toronto Transit Commission staff will also continue to engage closely with the Province on the location of potential portals and tracks for the Ontario Line, and the coordination of major capital construction projects, especially in the area of the Lower Don River.

The Province has committed to collaborate with the City and Toronto Transit Commission as the priority projects are developed and to ensure seamless integration of the extensions with existing subway infrastructure and assets. Through collaboration, City and Toronto Transit Commission staff will ensure that outstanding areas of concern are addressed as the projects are further developed, and that they proceed without undue delay. City and Toronto Transit Commission staff will also continue to work with the Province through established tables to advocate for meaningful public consultation on the Province's Sole Responsibility Projects.

Realignment of Transit Responsibilities

In parallel with the work on the technical assessment, the City and Province have been engaged in ongoing discussions regarding the realignment of transit responsibilities, as directed by Council and agreed to in the Terms of Reference. These discussions have culminated in a Provincial commitment of intent and a proposed package of terms as set out in an October 10, 2019 letter from the Minister of Transportation Caroline Mulroney, and an October 9, 2019 letter from the Deputy Minister of Transportation Shelley Tapp and Special Advisor to Cabinet – Transit Upload Michael Lindsay, both of which are attached to this report. 

These letters taken together articulate a provincial commitment of intent and a set of principles and parameters to guide the working relationship of the City and Province in delivering the expansion of transit. They contain the package of terms that form the foundation of a preliminary agreement, summarized and presented in a term sheet, also attached to this report.

In summary, the Provincial proposal provides the following:

- The City Retains Ownership of the Existing Subway Network – The Province has determined that it is no longer necessary to assume ownership of the existing subway system in order to expand Toronto’s transit network. The existing Toronto Transit Commission subway system will remain under the ownership of the City of Toronto and Toronto Transit Commission.

 
- Toronto Transit Commission Retains Operations of the Transit Network - The Toronto Transit Commission will continue to operate the existing network, and will maintain day-to-day operations of the four Provincial priority projects as they come into service, including labour relations. With respect to maintenance functions and service levels/standards, the Province will work with the City and Toronto Transit Commission to further define roles and responsibilities through operating and maintenance agreements. Farebox revenue will be used to defray operating costs, and the Province has committed to negotiate ongoing and commensurate operating contributions from other municipalities where subway service is provided. Under the proposal the City will be responsible for funding any net subsidy required to operate each of the priority projects.

- Funding for State of Good Repair Needs and Transit Expansion - The Province's proposal indicates that it would not seek capital contributions from the City for the Province's four priority expansion projects (Ontario Line, Line 2 East Extension, Yonge Subway Extension, and Eglinton West Light Rail Transit), in accordance with the commitment that the City will redirect the capital contributions it would have otherwise been expected to make toward incremental investments in the state-of-good-repair needs of the system, as illustrated in the letter attached from the Chief Executive Officer, Toronto Transit Commission, Rick Leary.  The Province would also consider the redirection of these funds to investment in other transit expansion priorities identified by Council, based on a fully developed business case, and subject to credible progress to the relief of the state of good repair backlog in the subway system.

- Advancing and Accelerating Transit Projects - The Province will own and be solely responsible for the delivery of the four priority Provincial subway projects, and have committed to collaboration and engagement with the City and Toronto Transit Commission through the design, development, and delivery of these projects, similar to the approach taken with the Eglinton Crosstown Light Rail Transit project.

- In order to accelerate delivery of priority expansion projects, the City and Province will jointly seek opportunities to streamline processes, where possible.  The Transit Expansion Office will act as the one-window access to the City, and facilitate the City's role in project implementation, while also developing improved processes to meet timelines.

- The Province will work with the City to identify opportunities to leverage powers and authorities available through the Province to expedite delivery, and to develop a Memorandum of Understanding related to Transit Oriented Development, recognizing the desire to create and capture value to offset capital costs while advancing the principles of good city planning.

- The Province is seeking a commitment that the City will engage and work collaboratively to identify how to efficiently manage key interchange stations and intersecting assets to facilitate construction and seamless integration. As outlined in the letter from Minister Mulroney, the Province is seeking a City commitment to grant the Province a level of access to and control over the interchange stations and other intersecting assets, following engagement between senior provincial and City officials.

 
- Financial Support of Projects – The Province has committed to undertaking a financial review and reconciliation of costs incurred by the City and Toronto Transit Commission to date on the Relief Line South and the Line 2 East Extension, and subject to further review of commitments made, the Province has committed to reimbursing the City for reasonable costs incurred.  The Province has also committed to reimbursing the City for staff services and appropriate consulting services provided in support of advancing its priority projects.

 
- Endorsement of Projects for Federal Funding – As a result of the City's findings through the technical assessment of the projects, and in accordance with the above terms, the Province is seeking the City’s endorsement of the re-allocation of the funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 to the Ontario Line and the Line 2 East Extension projects, consistent with the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 approvals framework.

- The Province and the City will continue to advance the SmartTrack Stations Program and Bloor-Yonge Capacity Improvement project through the federal Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 program.

- The Province and City will work together to seek further federal engagement and funding commitment to all priority projects.

 
The package of terms as proposed by the Province, subject to endorsement by Council and outlined in the attached Term Sheet, provide a starting framework for agreements that will result in significant new transit investment in Toronto to both maintain and expand the existing system.

Subject to Council approval, staff will negotiate, enter into, and execute an agreement (the "Preliminary Agreement") with the Province on the basis of these terms, transitioning them into a formal arrangement between the parties.  This Preliminary Agreement will form the starting foundation of a more fulsome Master Agreement or series of agreements, which will be negotiated between the parties as the projects advance through their respective lifecycles. These agreements will be subject to future Council approval.

This report outlines the significant outcomes achieved as a result of the discussions between the City and Province since the signing of the Terms of Reference in February. Continued engagement with the Province will provide the City and Toronto Transit Commission the critical opportunity to collaboratively advance the priority projects through their lifecycles, ensure the projects continue to materially meet the City's anticipated benefits and expectations, and advance much needed investment in transit without undue delay.

[1] Canadian Centre of Economic Analysis and the Canadian Urban Institute. Toronto Housing Market Analysis. January 2019. https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-124480.pdf

The Executive Committee recommends that:

1. City Council adopt Appendix 1 to the report (September 18, 2019) from the Chief Executive Officer, CreateTO headed The City-wide Real Estate Portfolio Strategy, as the strategic framework to best utilize the City's real estate assets to drive better value and services for the municipality.

2.  City Council direct the Chief Financial Officer and Treasurer and the Executive Director, Financial Planning, in consultation with the Deputy City Manager, Corporate Services and the Chief Executive Officer, CreateTO, to establish a consolidated list of City-wide real estate needs and financial commitments on an annual basis, including funded and unfunded City-wide real estate requirements for a 10-year period to inform long-term, strategic portfolio planning.

3.  City Council direct the Deputy City Manager, Corporate Services, in consultation with the Chief Executive Officer, CreateTO, to report through the 2021 budget process with an appropriate funding request to develop a City-wide data and information platform for all Cityreal estate holdings to centrally manage the City’s real estate information and integrate various real estate systems, to an extent required to measure the current utilization, cost and potential of each asset and to support the delivery industry standard asset management services.

Office Portfolio Optimization

4.  City Council adopt the following guidelines to facilitate the delivery of an efficient and modernized office portfolio:

a.  identify the following assets as "primary office buildings" in need of long-term modernization investments to enable a more effective Toronto Public Service, serving as transit-oriented civic hubs for government administration:

1. City Hall -Metro Hall;

2. Scarborough Civic Centre;

3. North York Civic Centre; and

4. Etobicoke Civic Centre;

b.  identify the following assets in the appendices to the report (September 18, 2019) from the Chief Executive Officer, CreateTO as underutilized and as opportunities to unlock value and address City needs and City building objectives, such as affordable housing, employment uses and community infrastructure:

1. 277 Victoria Street (Appendix 3a);

2. 33 Queen Street East (Appendix 3b);

3. 610 Bay Street (Appendix 3c);

4. 931 Yonge Street (Appendix 3d);

5. 1900 Yonge Street (Appendix 3e);

6. 75 Elizabeth Street (Appendix 3f );

7. 95 The Esplanade - Ground Floor (Appendix 3g); and

8. 18 Dyas Road (Appendix 3h); and

c.  direct the Deputy City Manager, Corporate Services, in consultation with the Chief Executive Officer, CreateTO and the Chief Financial Officer and Treasurer to report to the CreateTO Board and City Council in the third quarter of 2020 with a detailed business case and an execution plan, including an assessment of costs, savings/revenues and a 5-year implementation and funding plan for completing Office Optimization in primary office buildings, including a master accommodation plan for staff and recommended directions and city building opportunities for properties identified in Recommendation 4b above, and that the development of such business cases be guided by the following principles:

1.  consulting local Councillors, City Planning, local communities and impacted occupants regarding relocation requirements and appropriate mix of City outcomes for the properties identified as underutilized assets; and

2.  develop recommendations to relocate office space occupants in underutilized assets to the "primary office buildings" or other suitable facilities, with the City acting as property manager, where appropriate, plus relocate occupants in office leases into City-owned space.

5.  City Council direct the Deputy City Manager, Corporate Services, in collaboration with the Medical Officer of Health, the Board of Health, and CreateTO, to ensure that all existing and necessary harm reduction, dental and other direct client services located at 277 Victoria Street continue to be made available and readily accessible to clients, especially those in the immediate neighbourhood of 277 Victoria, as part of any future repurposing of the site, and that space for these services be secured in the area should the building at 277 Victoria be sold and repurposed.

6.  City Council direct the Deputy City Manager, Corporate Services to include $4.4 million in the 2020 Corporate Real Estate Management operating budget to be used over a 12 month period to establish a detailed implementation and funding plan, including funding for a multi-disciplinary project team, change management activities, and to conduct site due diligence and community consultations with respect to unlocked properties.

7.  City Council direct the Deputy City Manager, Corporate Services to procure a workplace consultant to determine location requirements for all impacted occupants via a master accommodation plan; determine appropriate mobility ratios for City operations; establish a project schedule, timelines and sequencing of moves over a 5-year period; and provide financial projections for recommended investments in physical spaces, technology, and change management activities.

The purpose of this report is twofold:

1.  To receive feedback and endorsement on the strategic framework to optimize the city-wide real estate portfolio. CreateTO has developed a City-wide Real Estate Portfolio Strategy (Appendix 1) which is a foundational and over-arching framework on how the City can optimize its portfolio, unlock value and deliver new efficiencies for municipal government.

2.  To apply this framework to the City's office portfolio, which involves launching an Office Optimization Plan ("ModernTO") as outlined in this report. The plan is expected to accelerate the City's transition to a modern work environment through a self-funded asset management strategy, while reducing the overall capital and operating costs by $30 million per year across the City-wide office portfolio.

As a City board, CreateTO was established to provide oversight and direction for the City's real estate portfolio, develop lands for city purposes, and deliver real estate solutions to City divisions, agencies and corporations. To achieve this, advice provided by CreateTO must be consistent with the City's broader asset management policies, corporate objectives and strategic plans. The City-wide real estate strategy aims to make the best use of real estate within this context, applying strategic principles to maximize resources and achieve the City's service deliverables. Due to the size of the City's real estate portfolio, advice will be brought forward to the CreateTO Board and City Council over a multi-year period based on a review of 11 real estate asset types. Recommendations will outline opportunities to improve the City's real estate mix and City building outcomes, starting with the City's office portfolio.

The direct application of the City-wide Real Estate Strategy is the Office Optimization Plan, 

developed to address a large, outdated and inefficient office footprint. The proposed plan aims to reduce total office locations from 52 to 20 over a 5-year period (2020-2025), while modernizing municipal work environments. This report recommends CreateTO and City staff initiate a detailed planning and engagement process to unlock lands and develop a new accommodation plan for City employees, with an execution plan requested for City Council and CreateTO Board approval in the third quarter of 2020. The engagement process over the next 12 months will include extensive consultations with City divisions, agencies and corporations, local Councillors and impacted occupants to inform the implementation plan and City building directions for unlocked real estate. 

The Executive Committee recommends that:  

1.  City Council request the agencies and corporations listed below adopt their own policies to enable a flexible and mobile office workplace, in a manner consistent with those established by the City under the Office Portfolio Optimization Plan in order to improve overall efficiencies, standards and cost savings.

a. CreateTO;
b. Toronto Community Housing Corporation; 
c. Toronto Parking Authority; and
d. Toronto Transit Commission
 

2.  City Council direct the Chief Technology Officer, Information and Technology to work with the agencies and corporations listed in Recommendation 1 above to provide a shared services model for Information and Technology requirements related to their office functions to improve overall municipal efficiencies, standards and cost savings.

The purpose of this report is to provide complementary information and direction on non-real estate matters to the recommendations included in the CreateTO report (RA8.1) entitled "ModernTO - City-Wide Real Estate Strategy and Office Portfolio Optimization".

The Office Portfolio Optimization Plan ("ModernTO") proposes to accelerate the City's transition to a modern work environment that would not only reduce the number of office locations and improve the overall efficiency of the office footprint, but also transform how and where employees work to foster a more productive work environment, improve work-life balance and adapt to changing workforce needs. Modern workspaces focus on open space concepts, unassigned workstations (i.e. choice of workspace), collaborative spaces, mobile technology, fewer dedicated offices, and flexible workplace policies that provide staff the ability to choose a work environment most suitable to the circumstances at hand.  

In addition to the proposed optimization of the physical office environment, the successful implementation of ModernTO will require a strategic plan to update traditional City policies and technologies, in order to enable a mobile and flexible workplace, which includes:

1.  Developing policies and practices for flexible and remote work arrangements;

2.  Providing staff with appropriate tools and technology to work and stay connected from a variety of locations; and

3.  Ensuring that primary office buildings have adequate co-working spaces and technology to support a mobile workforce and flexible workplace.

The implementation of modern workplace policies and technologies provides a number of non-real estate related benefits, including but not limited to:

- Improved productivity, job satisfaction and employee engagement;
Talent attraction and retention via modern spaces, policies and with appropriate tools and technology;
- Environmental benefits (reduction of Greenhouse Gas emissions, reduction in paper consumption and less traffic congestion);
- Service delivery improvements (employees are more connected, engaged and efficient);
- Health and safety benefits via ergonomic furniture, natural lighting, sit-stand workstations, etc.; and
- Promotes work-life balance for employees.    
 

Alignment of key business areas, including but not limited to Corporate Real Estate Management, People and Equity, and Information and Technology will be paramount in the successful implementation of the ModernTO initiative.

The Executive Committee recommends that:

1.  City Council authorize the City Manager to apply for funding under the Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream for the projects currently in the City's 2019-2028 Capital Budget and Plan that are set out in Attachment 1 to the report (October 17, 2019) from the City Manager.
 

2.  City Council authorize the City Manager to apply for funding under the Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream for the projects not currently in the City's 2019-2028 Capital Budget and Plan that are set out in Attachment 2 to the report (October 17, 2019) from the City Manager, with budget reallocation of matching municipal funds with zero debt impact subject to further approvals from City Council.

3.  City Council authorize the City Manager, in consultation with the Chief Financial Officer and Treasurer, to apply for funding under any additional rounds of intake for the Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream for projects that meet mandatory federal and provincial eligibility criteria and that best meet the following criteria:

a. the project aligns with Ontario's Community, Culture and Recreation Infrastructure Stream assessment objectives;

b. City Council has endorsed the project through a City strategy, plan or decision;

c. the project is within the City's 2019-2028 Capital Budget and Plan as approved by Council;

d. the project is in a state of readiness with adequate level of design to proceed to construction;

e. a site has been secured for the project; and

f. the project is located within a Toronto Neighbourhood Improvement Area.

4.  City Council grant approval to receive the funds, if any, from the Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream for all City projects approved for Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream funding.

5.  City Council authorize the Mayor and/or the City Manager to enter into and execute any agreements, including any amendments, with the Province of Ontario and/or Government of Canada under the Investing in Canada Infrastructure Program - Community, Culture and Recreation Infrastructure Stream on terms and conditions satisfactory to the City Manager and the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor.

On September 3, 2019, the Province of Ontario launched an intake for the federal Investing in Canada Infrastructure Program – Community, Culture and Recreation funding stream. The Investing in Canada Infrastructure Program – Community, Culture and Recreation stream supports projects that improve access to and/or quality of community, cultural, and recreation priority infrastructure projects. The federal government will contribute up to 40 percent of eligible project costs for municipal projects and requires the Province to provide no less than 33.33 percent matching contribution with municipalities funding the remainder (26.67 percent) or identifying alternative sources to cover the municipal portion. The Province, as a cost-sharing partner and administrator of the federal funding program, will be prioritizing and nominating to the federal government projects that are community-oriented, non-commercial and open to the public. Applications are due by November 12, 2019. Projects must be substantially completed by March 31, 2027.

The Investing in Canada Infrastructure Program – Community, Culture and Recreation intake process is a merit-based, competitive application process with no set municipal allocation. As such, it is in the City's interest to submit multiple eligible project applications to ensure the best chance at success. To date, the Province has committed to only one intake for the Investing in Canada Infrastructure Program – Community, Culture and Recreation stream due to anticipated high demand for funding under the program. However, the Province has noted that this does not exclude the potential for a second intake in the future.

This report recommends City Council confirm the list of projects to be submitted to the Investing in Canada Infrastructure Program – Community, Culture and Recreation program that are currently in the City's 2019-2028 Capital Budget and Plan as outlined in Attachment 1. The report also recommends City Council confirm the list of projects to be submitted to the Investing in Canada Infrastructure Program – Community, Culture and Recreation program that are not currently in the City's 2019-2028 Capital Budget and Plan as outlined in Attachment 2. Should projects in Attachment 2 be successful for funding under the Investing in Canada Infrastructure Program – Community, Culture and Recreation program, City staff will seek Council approval for the reallocation of matching municipal funds through the City's budget process.

The Executive Committee recommends that:

1.  City Council adopt the Implementation Strategy for the Parks and Recreation Facilities Master Plan 2019-2038 as set out in Appendix A to the report (October 8, 2019) from the General Manager, Parks, Forestry and Recreation.

2.  City Council direct the General Manager, Parks, Forestry and Recreation to work with the Chief Financial Officer and Treasurer on a funding strategy to implement the Parks and Recreation Facility Master Plan 2019-2038 over the 20 year period.

3.  City Council direct the General Manager, Parks, Forestry and Recreation to submit the additional funding requirements associated with the implementation of the "Parks and Recreation Facilities Master Plan 2019-2038" including state of good repair backlog for consideration as part of the 2020 Budget process.  

4.  City Council direct the General Manager, Parks, Forestry and Recreation to present the Implementation Strategy for the Parks and Recreation Facilities Master Plan 2019-2038 to relevant stakeholders, including the school boards, and to discuss partnership opportunities to advance both the City and school boards capital and programming priorities.  

5.  City Council direct the General Manager, Parks, Forestry and Recreation to use the Implementation Strategy for the Parks and Recreation Facilities Master Plan 2019-2038 to inform funding, partnerships and inter-governmental discussions in order to advance the priorities set out in the Parks and Recreation Facilities Master Plan 2019-2038 Implementation Strategy.

6.  City Council direct the General Manager, Parks, Forestry and Recreation to use the Implementation Strategy to inform the development of the City's Community Benefit Strategy and subsequently, the Community Benefit Charge by-law.

7.  City Council direct the General Manager, Parks, Forestry and Recreation, to monitor and assess trends and participation in curling including considering the capacity of existing private and public curling facilities, opportunities to make interest in curling broader and more inclusive and to consult with relevant stakeholders on potential opportunities and report back in the fourth quarter of 2020.

8.  City Council direct the General Manger, Parks, Forestry and Recreation to include any revised population projections provided by City Planning in their analysis of facilities to be funded through both the Facilities Master Plan and the Community Benefits Charge.

9.  City Council direct the General Manger, Parks, Forestry and Recreation to advance a recreation facilities assessment for the North Yonge Secondary Plan area, including facilities to be incorporated in the future park secured near Drewry and Yonge Street and integrate any required facilities in both the Facilities Master Plan Implementation Strategy and the future Community Benefits Charge Strategy in consultation with the local Councillor.

10.  City Council request the General Manager, Parks, Forestry and Recreation, to advance discussions to extend the existing Main Square Community Recreation Centre lease in an effort to ensure recreation service continuity for the Main Square community for a period as required.

 11.  City Council request the General Manager, Parks, Forestry and Recreation to develop a facility plan to ensure the Main Square Community Recreation Centre's continuation, through either future revitalization of the existing facility or new facilities to accommodate the growth expected through the forthcoming Main Street Planning Study and report on capital needs to support the plan as required in future years' Capital Plans.

12.  City Council request the General Manager, Parks, Forestry and Recreation to consider opportunities to utilize the Sir Robert L. Borden site for recreation programming within the Facilities Master Plan including their Sport Field Strategy and Sports Bubble Strategy components

13.  City Council request the General Manager, Parks, Forestry and Recreation to review the dogs off-leash policy, applying international best practices, and report back in 2020.

The Parks and Recreation Facilities Master Plan 2019-2038 was adopted by City Council in November 2017 and is the first strategic plan to guide Parks, Forestry and Recreation's city-wide planning and investment in a range of parks and recreation assets including: community recreation centres, aquatic and ice facilities, sports fields and courts, splash pads and a number of other facilities. The Parks and Recreation Facilities Master Plan directs investment for both maintaining existing facilities and the provision of new facilities over the next 20 years.

Since its approval by Council, the Parks and Recreation Facilities Master Plan has guided capital and facility planning, design and construction, as well as supported area studies, major development applications and policy development.

This report recommends the approval of the Implementation Strategy for the Parks and Recreation Facilities Master Plan 2019-2038, found in Appendix A. 

The Implementation Strategy for the Parks and Recreation Facilities Master Plan 2019-2038 provides an evidence-based, decision-making framework to address gaps in provision, align facility development with growth, pursue facility repurposing opportunities, invest strategically, and advance policy and partnerships across the city over the next 20 year period. It offers an equitable and consistent framework for identifying where, how and when to invest in parks and recreation facilities.    
 
The Parks and Recreation Facilities Master Plan Implementation Strategy is supported by four guiding principles - quality, innovation, sustainability, and equity and is guided by three strategic goals:
 

- Renew and upgrade existing facilities;
- Address gaps and growth-related needs; and
- Work with other partners to explore new opportunities to provide facilities.
 

The Parks and Recreation Facilities Master Plan Implementation Strategy focuses equally on the importance of investing in both the state-of-good-repair for existing facilities, and provision of new and enhanced facilities and proposes to:

- Eliminate the state-of-good-repair backlog and proactively plan for state-of-good-repair improvement by:

- Increasing Parks, Forestry and Recreation's annual state-of-good-repair investment to proactively address the backlog and meet industry standards, helping to ensure existing parks and recreation facilities continue to serve the city for generations;

- Focusing on facilities that have traditionally been underfunded. Historically, state-of-good-repair funding has been focused on larger facilities rather than smaller, community-based facilities like sports courts. This has impacted consistency and created gaps in service delivery;

- Creating a dedicated team focused on asset management and addressing state-of-good-repair. Building a dedicated staff team within Parks, Forestry and Recreation focusing on state-of-good-repair strategies and assessments, along with advancing state-of-good-repair projects will both fast track implementation and build an enhanced internal expertise and project efficiencies; and

- Advancing the prioritization methodology for capital facility renewal projects, informed by condition audits and inspections. Capital investments are directed to higher risk aging assets and urgent projects first, reducing, where budget is available, the possibility of system failure.

 
- Construct 17 new community recreation centres to address growth, respond to increasing demand and provide more equitable service in communities across the city;

- Revitalize and/or replace 11 existing community recreation centres while maximizing current land and resources, and making good use of financial resources;

- Maintain current provision levels and address geographic gaps for indoor pools, splash pads, soccer and multi-use fields, cricket pitches and bike parks;

- Increase provision levels for basketball courts, skateparks and sports bubbles; and
Maintain existing facilities in all other areas.
 
Advancing the Parks and Recreation Facilities Master Plan 2019-2038 Implementation Strategy will result in additional and improved parks and recreation facilities that address the needs of future growth, historically underserved areas, and respond to changing parks and recreation trends.

Recommendations in the Parks and Recreation Facilities Master Plan 2019-2038 were established based on currently available research and information. Many things can change over the course of 20 years, including demographics, growth, facility conditions, partnership opportunities, recreation trends and the availability of funding. In order to ensure that facilities are responsive to change, prior to initiating the design of any major new or revitalized parks and recreation facility, a local planning review will be undertaken to confirm factors such as population growth, land opportunities, trends in demand for and availability of recreation services, and design standards.

The financial strategy for the Parks and Recreation Facilities Master Plan 2019-2038 was based on Parks, Forestry and Recreation's current funding sources, namely the growth funding tools, which include Development Charges, Section 42 and Section 37 of the Planning Act, and debt which funds all state-of-good-repair requirements.  

Growth-related projects are currently funded through revenue from Sections 37 and 42 of the Planning Act and Development Charges, which represent approximately 56 percent of Parks, Forestry and Recreation's 10-year Capital Plan. Based on the 2019-2028 Capital Budget and Plan it is estimated that there is sufficient funding for new and enhanced facilities over the 10 year period if current funding levels are maintained. The 2019-2028 Council-approved Capital Plan for Parks, Forestry and Recreation currently includes "Parks and Recreation Facilities Master Plan 2019-2038 placeholders" for new and enhanced parks and recreation facilities, without referencing the specific name or Ward, District or Citywide location. This report provides the detail and timing for each of the parks and recreation facilities recommended in the Parks and Recreation Facilities Master Plan 2019-2038.

With the passage of the More Homes, More Choice Act, 2019 (Bill 108), Section 42, Section 37 and the "soft infrastructure" elements of the Development Charges By-law,  will be replaced with a new single source of funding, the Community Benefits Charge.  The Parks and Recreation Facilities Master Plan 2019-2038 Implementation Strategy will be dependent on the City developing and implementing a Community Benefits Charge strategy and enabling bylaw. The financial impacts of transitioning to the Community Benefits Charge will not be fully understood until the provincial regulations setting out the details of the Community Benefits Charge formula are finalized and subsequently evaluated by the City. The Province of Ontario has committed to maintaining municipal revenues through the proposed changes under Bill 108. Parks, Forestry and Recreation will report out on any funding changes that may impact on the 2019-2028 Capital Plan as a result of the new funding sources, as part of the City's annual capital budget planning process.

State-of-good-repair is funded through debt. Addressing the state-of-good-repair backlog for existing Parks and Recreation Facilities Master Plan 2019-2038 in-scope facilities will require the City to consider an additional investment of $469.6 million over a 20-year period, or $234.8 million over the upcoming 2020-2029 Capital Plan (an additional $23.5 million per year), which will likely need to be phased in. This magnitude of investment is required as facilities continue to be in a state of disrepair. The inability to fund state-of-good-repair has led to increased equipment failure causing service interruptions, unplanned closures and cancelled programs.
 

The Parks and Recreation Facilities Master Plan 2019-2038 Implementation Strategy will also serve as a framework to respond to external funding opportunities, such as grants and donations, from partnerships, public agencies, non-profits, or other orders of government.
 

Apart from external funding, projects included in the Parks and Recreation Facilities Master Plan 2019-2038 Implementation Strategy may be accelerated or deferred for other reasons, such as availability of land and resources.  The 10-year Capital Plan for Parks, Forestry and Recreation is updated every year and will offer the opportunity to reflect these changes.  
 

Parks, Forestry and Recreation will report back to City Council in 2024 with an update on the first five years of implementation of the Parks and Recreation Facilities Master Plan 2019-2038.

The Executive Committee recommends that:

1.  City Council authorize the City of Toronto to enter into an Agreement of Purchase and Sale (the "Agreement") to acquire the property described in Confidential Attachment 1 to the report (October 8, 2019) from the Executive Director, Corporate Real Estate Management (the "Subject Property") substantially on the terms, including the purchase price, outlined in Confidential Attachment 1 to the report (October 8, 2019) from the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.

2.  City Council declare the property described in Confidential Attachment 1 to the report (October 8, 2019) from the Executive Director, Corporate Real Estate Management surplus (the "City Property"), and direct staff to take all steps necessary to comply with the City's real estate disposal process set out in Municipal Code Chapter 213, Real Property, Sale of.

3.  City Council direct the Executive Director, Corporate Real Estate Management, working with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, CreateTO, to report back in 2020 on a "Precinct Plan" for the combined City Property, Subject Property and adjacent properties as appropriate (collectively, the "Properties"), including how these sites will be activated with City uses such as affordable housing, parks, Toronto Parking Authority, childcare, and any other uses as may be suitable.

4. City Council direct the Chief Financial Officer and Deputy City Manager, Corporate Services to align the strategic acquisition policy with the City-wide Real Estate Framework to include a specific city-building focus, and to report back to the Executive Committee in the first quarter of 2020.

5. City Council direct the Executive Director, Corporate Real Estate Management, working with the Chief Executive Officer, CreateTO and the Executive Director, Housing Secretariat, to report back in 2020 with a plan, including the financial implications, to deliver affordable housing as a portion of any development of the Properties in a manner that is consistent with the approach used in Housing Now, including funding and financial incentives, at the City Property.

6. City Council authorize the public release of the information contained in Confidential Attachment 1 to the report (October 8, 2019) from the Executive Director, Corporate Real Estate Management following execution of the Agreement.

The purpose of this report is to provide the City of Toronto Council ("Council") with an update on the strategic acquisition of property located within Ward 10 - Spadina-Fort York and the corresponding disposition of a nearby piece of City-owned property, as outlined in the Confidential Attachment 1 to this report.

The City of Toronto ("the City") is the owner of a property located within Ward 10 - Spadina-Fort York (the "City Property"). The City Property represents an important City-building opportunity due to its location and corresponding property value. For a number of years, the City Property has been identified as a significant redevelopment opportunity for the City. CreateTO, working with their colleagues in City Real Estate Management and City Planning, have developed a business case to strategically leverage the City Property's value and achieve significant City-building on the City Property along with purchasing a nearby piece of privately-owned property (the "Subject Property").

Unlocking the value of the City Property will work to fund significant City-building.  It will also fund the acquisition of the Subject Property which will also be used for significant City-building opportunities. In addition to the acquisition of the Subject Property, any residual value realized could be used to fund additional City-building objectives including affordable rental housing, state-of-good-repair of City infrastructure, new parks, a child care centre or other investments, as may be determined appropriate by Council. 

Properties in the downtown with significant redevelopment potential are becoming increasingly rare.  The value of the Subject Property will allow for strategic redeployment of stranded capital to acquire one of the few remaining significant pieces of property.

The Executive Committee recommends that:

1.  City Council authorize the Director, Toronto Office of Partnerships, in coordination with the General Manager, Economic Development and Culture, General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning, and the General Manager Parks, Forestry and Recreation to negotiate and sign a Memorandum of Understanding with the Friends of University Avenue regarding the implementation of Phase One on terms satisfactory to the City Solicitor.

2.  City Council authorize the General Manager, Transportation Services to negotiate and sign an encroachment agreement with the Friends of University Avenue and/or its partners on terms satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

3.  City Council authorize the General Manager, Transportation Services to administer the provision of the necessary permits and approvals to proceed with Phase One of the Project, subject to all requirements of the General Manager, Transportation Services being satisfied.

4.  City Council request the Friends of University Avenue and/or the Friends of University Avenue Steering Committee submit the proposed temporary public art installation to the Toronto Public Art Commission for review and comment.

The purpose of this report is to request that City Council approve the implementation of Phase One of a potential multi-phase initiative to illuminate and animate University Avenue, which will require coordinated efforts and ongoing support from City staff.

The City of Toronto received an unsolicited proposal from a citizen-led organization called the Friends of University Avenue. The proposal includes three phases of enhancements to University Avenue. Phase One would include the implementation of a temporary public art installation, funded through philanthropic contributions at the intersection of University Avenue and Gerrard Street. The proposed public art installation is internally lit and its intent is to illuminate the Avenue as a 'beacon of light and hope'. Phase Two would include enhanced landscaping and year round illumination of existing monuments. Phase Three would include a curated program of rotating public art, commissioned or loaned by Friends of University Avenue. At this time, approval is only sought for Phase One.

A Steering Committee, comprised of the Friends of University Avenue and representatives from City Divisions including City Planning, Economic Development and Culture, Transportation Services, and Parks Forestry and Recreation, has been established to assess the feasibility of implementing this public art installation on University Avenue. City staff support the project in principle and, with City Council support, will continue to collaborate with the Friends of University Avenue with the aim of realizing the temporary public art installation. City staff are working through issues related to the proposed project to ensure that all of the City's requirements are met. This report summarizes these issues and the recommended actions that have been identified by staff, including but not limited to protecting heritage views, Phase One installation, and preparing a Memorandum of Understanding for the Friends of University Avenue and the City to enter into.

The Executive Committee:

1.  Received the report (September 23, 2019) from the Chief Financial Officer and Treasurer and the Chief Planner and Executive Director, City Planning for information.

This report provides a financial statement of Planning Act (Section 37 and Section 45) reserve funds for the fiscal years of 2016, 2017 and 2018. The report details the contributions received from developers; interest earned; and transfers for expenditure for the period of January 1, 2016 to December 31, 2018. In addition, the report summarizes the Section 37 community benefits secured through site-specific zoning by-laws and Section 45 community benefits secured through Committee of Adjustment decisions during this time period.

The attachments to the report provide additional transaction details and reserve fund balances by ward as of December 31, 2018.

The Executive Committee recommends that:

1.  City Council amend Transportation Services' Approved 2019 Capital Budget by reallocating funds in the amount of $24.500 million gross for funding of projects with a zero budget impact, as presented in Attachment 1 to the report (September 30, 2019) from the General Manager, Transportation Services.

The Executive Committee:

1. Requested the General Manager, Transportation Services to report directly to City Council with a list of streets and projects broken down by Ward.

This report requests City Council’s authority to amend Transportation Services’ Approved 2019 Capital Budget and 2020-2028 Capital Plan by reallocating cash flows within the 2019 Budget.

These reallocations will have a zero budget impact to the Transportation Services' Approved 2019-2028 Capital Budget and Plan and will align program requirements and project delivery schedules.

The Executive Committee recommends that:

 1. City Council direct that Confidential Attachment 1 to the supplementary report (October 22, 2019) from the  City Solicitor and the Executive Director, Corporate Finance remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client privilege.

City Council on October 2 and 3, 2019, referred Motion MM10.35 to the Executive Committee.

The lands municipally known as 30 Tippett Road are being developed in accordance with the City of Toronto's vision for the Tippett Road Regeneration Area, including the provision of 50 affordable purpose-built rental units and 50 affordable ownership units as part of the Investment in Affordable Housing Program. This iteration of the Investment in Affordable Housing Program began in 2014 and expires at the end of this year. The federal and provincial component of funding is time-limited and will be surrendered by the City if it is not utilized by the end of the year. Tippett South Inc. is under contract to deliver the loan funding for the City. The funding is secured from the Province by way of an agreement of purchase and sale with eligible purchasers, and all units are now under firm and binding agreements of purchase and sale.

The mortgage approvals for all firm and binding agreements of purchase and sale for the 50 affordable ownership units were issued under a pricing model that reflects current development charge rates. If these units are subject to the scheduled development charge rate increase on November 1, 2019, these units' price will increase and the mortgages will not hold.

On March 28, 2019, City Council enacted a Zoning By-law amendment to permit a 13-storey condominium building (340 units) and a 16-storey rental apartment building (176 units), for a total of 516 residential units, at 30 Tippett Road (South Lands).  As part of the total residential units, there are 50 affordable rental units and 50 affordable ownership units proposed in the buildings.

EX 9.10 recommends that City Council authorize the execution of a development charge agreement between the City and the owner of 30 Tippett Road, to allow all of the development charges for the 30 Tippett Road project to be paid before such charges would otherwise be payable and at rates available prior to November 1, 2019, the date on which development charge rates are to increase. The report also contains a recommendation that City Council require the One Million Nine Hundred and Fifty Thousand Dollars ($1,950,000.00) community benefit payment under Section 37 of the Planning Act be paid prior to the issuance of the first below grade building permit for the development, whereas both the registered Section 37 Agreement and the Zoning By-law amendment require the payment to be made prior to the issuance of the first above grade building permit.  

This report has been written in consultation with the Executive Director, Housing Secretariat and the Chief Planner and Executive Director, City Planning.

The Audit Committee recommends that:  

1.  City Council direct the City Manager to request the agencies and corporations to provide a cyber security enterprise risk assessment, approved through their organizational governance, to the City of Toronto Chief Technology Officer by Q3 2020, for validation and compliance to be included in the City's cyber-security baseline analysis. Each agency and corporation to subsequently submit a plan to the City of Toronto Chief Technology Officer on implementation plans to mitigate risks by Q4 2020.

2.  City Council direct the Chief Technology Officer to take on an expanded city-wide scope and mandate providing support, oversight and direction on standards, practices and policies to all City divisions, and to those agencies and corporations listed in Appendix A (attached to the motion by Councillor Holyday) with immediate effect with respect to all technology assets, goods, and services and direct, or request, those City divisions, agencies and corporations accordingly.

3. City Council direct the Chief Technology Officer to work with the City divisions, and those agencies and corporations set out in Appendix A (attached to the motion by Councillor Holyday), to assess regulatory and compliance matters and their impact on moving to centralized information technology services.  

4.  City Council direct the Chief Technology Officer to report on an implementation plan for a centralized model to the appropriate committee, and such report to address the feasibility and mechanisms for the Chief Technology Officer to provide oversight and approval for all technology assets, goods, and services purchased by City divisions, and the agencies and corporations set out in Appendix A (attached to the motion by Councillor Holyday).

5.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (October 8, 2019) from the Auditor General.

6.  City Council direct that all information contained in Confidential Attachment 1 to the report (October 8, 2019) from the Auditor General be released publicly at the discretion of the Auditor General after discussing with the appropriate City Official.

The Audit Committee:

1. Requested the Auditor General, in consultation with the City Manager, to provide quarterly status updates to the Audit Committee starting in Q1 2020, on the recommendations from information technology security audits done since 2016 and on the state of the City's preparedness, until all recommendations are fully implemented.

 ________

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

- Beverly Romeo-Beehler, Auditor General

- Lawrence Eta, Chief Technology Officer

The Audit Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to the safety and security of property belonging to the City or one of its agencies and corporations.

Over the past decade, the City of Toronto, like other large organizations, is increasingly conducting business and key operations online and in a networked environment. This makes operations more efficient and citizens are served better. 

The City stores a vast amount of confidential and sensitive data, such as information about employees and citizens' personal records. It also maintains a large number of systems that are critical to the City's functioning, such as water, fire services, transportation, and emergency response systems.

The Canadian Centre for Cyber Security, which is Canada's single unified source of expert advice, guidance and support on cyber security for government, critical infrastructure owners and operations, notes that:

            "a safe and secure cyber space is important for … security, stability, and prosperity"

It also assessed that:

"Public institutions are also attractive to cyber threat actors ..."[1]

In recent years, many municipalities in Canada and the U.S. have been affected by cyberattacks. Recent attacks on the City of Saskatoon, the City of Ottawa and the City of Burlington are evidence that Canadian cities are targeted.

To improve security considerably, the City must change in three key areas:    

-     Human behaviour as it relates with cybersecurity threats
-     Technical fixes
-     Culture shift.
 

If the City's cybersecurity program is built on these three pillars, cybersecurity will be strengthened considerably.

Auditor General raised concerns in this area before

In previous assessments on information technology security, the Auditor General's reports highlighted to City management that insufficient preparation to manage cyber threats is widely considered to be one of the most critical operational risks facing the organization. The reports are available in Confidential Attachment 1, Appendix 2.

During the Auditor General's most recent follow-up process, management reported that two of the 10 recommendations from information technology security audits done in 2016 were fully implemented. The Auditor General's validation of the implementation of these recommendations found that they were not fully implemented.

These recommendations were considered as not fully implemented because the steps undertaken, or the extent of the improvement did not fully address the issue or the intent of the recommendation. Since 2016 none of the recommendations have been fully implemented, which is concerning to the Auditor General.

The purpose of this audit was to assess the City's ability to manage external and internal cybersecurity threats, and to follow-up on previous audit recommendations.  We provided the I&T Division with a detailed technical report to help them understand and address these issues.

This public report contains two administrative recommendations. The confidential audit findings and recommendations to improve cybersecurity controls are presented separately to this report in Confidential Attachment 1. The confidential report will be made public at the discretion of the Auditor General after discussing with appropriate City Official.

The Audit Committee recommends that:

1. City Council adopt the confidential recommendation contained in Confidential Attachment 1 to the report (October 7, 2019) from the Auditor General.

2. City Council request the City Manager to include in performance appraisals of managers and supervisory staff an evaluation of whether they are giving accurate and timely feedback to staff who are not meeting expectations.

3. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 7, 2019) from the Auditor General remain confidential in its entirety, as it contains personal identifiable information.

The Audit Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to:

- the security of property belonging to the City of Toronto;

- personal matters about an identifiable individual; and

- litigation or potential litigation that affects the City of Toronto.

This report provides the results of an extensive investigation into an allegation of reprisal from a former City of Toronto employee whose position was terminated. The former employee alleged their position was terminated because they previously made a wrongdoing complaint and another reprisal complaint.

The Auditor General's Office (AGO) has the responsibility to investigate reprisal, in coordination with the City Manager's Office. Reprisal investigations are complex. Termination is one of the most severe types of reprisal, and therefore the Auditor General initiated an investigation into the allegations.

The investigation involved the review of hundreds of documents, emails, text messages, and Briefing Notes related to the case. The AGO also interviewed eight current or former staff members, some more than once, who had direct or indirect knowledge and/or involvement in the employee's termination. The employee whose employment was terminated was also interviewed.

The Auditor General has concluded that there is not sufficient evidence to support the allegation of reprisal. However, there are lessons learned. This report is being issued to communicate important lessons and to assure City employees, City Council, senior management, and the public know that all reprisal allegations are taken very seriously and are investigated to the fullest extent.

The Audit Committee recommends that:

1. City Council request the City Manager to report to City Council, through the Audit Committee, on the following:

a. Steps in providing effective mechanisms for management to be held accountable for implementing, within reasonable and identified timelines, measures which they have agreed to take in order to implement recommendations from the Auditor General.

b. Ensuring appropriate consequences when information provided to the Auditor General is not fully accurate.

2. City Council receive the report (October 10, 2019) from the Auditor General for information.

3. City Council direct that the confidential information contained in Confidential Attachment 1 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:

1.  Directed the City Manager to report to the Audit Committee in Q1 2020 with an update on the implementation of all outstanding audit recommendations for City Divisions in Corporate Services and Finance and Treasury Services, with the report to include detailed plans and timelines for implementation of all recommendations not yet fully implemented.

________

The Audit Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to:

- the security of the property of the municipality or local board;

- labour relations or employee negotiations; and

- litigation or potential litigation that affects the City of Toronto.

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. Our 2019 follow-up review included 206 outstanding recommendations from audit reports issued between 2005 and 2017 for the following City divisions:

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

Our review verified that 24 recommendations (12 per cent) have been fully implemented, 178 recommendations (86 per cent) have been partially implemented and four recommendations (2 per cent) are no longer applicable.

Recommendations reported by management as implemented that the Auditor General determined as not fully implemented

During the current follow-up process, management reported that 87 out of 206 outstanding recommendations were fully implemented. However, based on our review we determined that 63 (72 per cent) of those recommendations have not been fully implemented. Management agreed with our assessments and will take additional actions to fully implement these recommendations.

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

The Audit Committee recommends that:

1. City Council direct the Toronto Transit Commission to include as part of the Joint Executive Committee agenda, resolution of the Auditor General's Recommendations 15 and 16, contained in the report (February 21, 2019) entitled "Review of Toronto Transit Commission's Revenue Operations: Phase One – Fare Evasion and Fare Inspection", concerning the physical differentiation of Child and other concession PRESTO Cards, viz:

"15.  The Board request the Chief Executive Officer, Toronto Transit Commission, to explore ways to provide a Child PRESTO Card that is visually different from an Adult PRESTO card, including further negotiation with Metrolinx to issue visually different PRESTO cards for adults and children aged 12 and under. 

16. The Board request the Chief Executive Officer, Toronto Transit Commission, to make the necessary changes to the Child PRESTO cards so that bus and streetcar operators can spot inappropriate use of PRESTO concession cards including:

a. Negotiate with Metrolinx to provide a different light and sound on PRESTO card readers for Child PRESTO cards from other concession types; and

b. Perform cost benefit analysis and consider making change to Toronto Transit Commission revenue vehicles to include display of the PRESTO concession type for bus and streetcar operators."

2. City Council direct the City Manager to write to Metrolinx to request that a change be made to the physical appearance of Child and other concession cards immediately.

3.  City Council receive for information, the following:

-  the transmittal letter October 24, 2019) from the Head of Commission Services, Toronto Transit Commission; and

-  the report (October 21, 2019) from the Auditor General, titled “Review of Toronto Transit Commission’s Revenue Operations:  Phase Two – PRESTO/TTC Fare Equipment and PRESTO Revenue”.

At its meeting on October 24, 2019, the Toronto Transit Commission Board considered the report (October 21, 2019) from the Auditor General, titled “Review of Toronto Transit Commission’s Revenue Operations:  Phase Two – PRESTO/TTC Fare Equipment and PRESTO Revenue”.

The Audit Committee recommends that:

1. City Council request the General Manager, Shelter, Support and Housing Administration Division, to ensure all rent-geared-to-income households identified by the Auditor General as having potential eligibility issues are appropriately reviewed.

2. City Council request the General Manager, Shelter, Support and Housing Administration Division, to develop a strategy to ensure housing providers complete comprehensive reviews of all rent-geared-to-income (RGI) households to identify potential eligibility issues including property ownership, indicators of undeclared sources of income or assets and irregular supporting documents. This should include:

a. a mechanism for providers to report potential eligibility issues to the City for monitoring purposes

b. a centralized process to track reported eligibility concerns and the follow-up action taken

c. a secondary review of RGI files by Shelter, Support and Housing Administration staff, selected based on risk, to ensure the quality of reviews being performed by housing providers. Risk identification should be data driven and based on analysis of data from various sources.

3. City Council request the General Manager, Shelter, Support and Housing Administration Division, to develop a training plan to enhance providers’ abilities to more effectively identify and act on potential ineligibility and fraud indicators, including fake and forged documents, unauthorized occupants and subletting.

4. City Council request the General Manager, Shelter, Support and Housing Administration Division, to update the RGI Administration Manual to explicitly identify supporting documents to obtain, appropriate analysis of information to be completed and documentation requirements regarding actions taken to address exceptions. The Manual should emphasize the importance of maintaining good documentation of the steps performed when reviewing household eligibility. These requirements should be consistently applied except under circumstances where accommodation is required.

5. City Council request the General Manager, Shelter, Support and Housing Administration Division, in consultation with the City Solicitor, to:

a. develop a process for pursuing offence charges against RGI households where eligibility information has been misrepresented

b. provide guidance and support for housing providers when potential eligibility issues arise that indicate fraud, to ensure appropriate legal action is taken under the Residential Tenancies Act, Housing Services Act or the Criminal Code of Canada.

6. City Council request the General Manager, Shelter, Support and Housing Administration Division, to designate Eligibility Review Officers (ERO) in order to effectively investigate eligibility concerns and suspected fraud. Protocols should be established and communicated to housing providers on how to refer files to the ERO for further assessment. Appropriate case management processes should be implemented to track referred files and actions taken.

7. City Council request the General Manager, Shelter, Support and Housing Administration Division, to:

a. directly administer the eligibility reviews for households seeking RGI assistance and entering into RGI housing

b. work in partnership with housing providers to ensure adequate supports are in place for them to continue to manage the ongoing annual eligibility review process

c. consider how resources can be optimized to ensure cost-effectiveness.

8. City Council request the General Manager, Shelter, Support and Housing Administration Division, to:

a. create and maintain a centralized database that can be used by the City and its housing providers for the purposes of administering rent-geared-to-income (RGI) household data, assessing eligibility, and automating calculation of RGI rent

b. establish a process for collecting and retaining all supporting documents in electronic format that are accessible by authorized individuals. This process should address retention policies for electronic records and the potential for households to electronically submit documents

c. consider how a centralized database can be effectively integrated with other information systems and data sources for the purposes of data analysis and to verify eligibility

d. obtain and leverage data from various sources to support the ability to identify any potential issues that require further review by both the provider and the City.

9. City Council request the General Manager, Shelter, Support and Housing Administration Division, in consultation with the City Solicitor, to:

a. develop adequate consent and disclosure forms that are understandable and allow for the collection of voluntary, expressed and informed consent to share information to verify rent-geared-to-income (RGI) eligibility. Consideration should be given to whether a common consent process can be used by all income-based assistance programs. These forms should be mandatory and electronic for all housing providers to use

b. ensure fully completed annual income and asset review and signed consent forms are retained on file for all RGI household members and that appropriate action is taken where households fail to provide these forms.

10. City Council request the General Manager, Shelter, Support and Housing Administration Division, in consultation with the City Solicitor, to:

a. consider both internal and external information sources that can support more efficient eligibility verification

b. establish agreements with data owners so that data can be accessed for the purposes of verifying rent-geared-to-income eligibility.

11. City Council request the General Manager, Shelter, Support and Housing Administration Division, to:

a. ensure monitoring controls, including operational reviews, are being performed as per established divisional procedures and in a timely manner

b. develop a centralized tracking process to monitor operational review results and provider responses. Strong remediation plans should be implemented for providers that fail to comply. A follow-up process should be developed to ensure that non-compliant providers are acting on recommended improvements in a timely fashion.

12. City Council request the General Manager, Shelter, Support and Housing Administration Division, to establish a centralized divisional investigation and fraud detection function. The City should consider the opportunity for efficiencies of combining this function with the other income-based assistance programs.

13. City Council request the Deputy City Manager, Community and Social Services, to expand the scope of the Human Services Integration to achieve even greater efficiencies from information sharing and a common fraud investigation function to optimize resources and ensure cost-effectiveness.

14.  City Council direct the General Manager, Shelter, Support and Housing Administration, to provide monthly updates regarding progress on the recommendations contained in Item AU4.5, to the Auditor General and the Chair of the Audit Committee until these recommendations have been fully implemented.

15.  City Council direct the General Manager, Shelter, Support and Housing Administration to report to the Audit Committee in Q1 2020 with an update on the implementation of the Auditor General's recommendations, with the report to include detailed plans and timelines for implementation.

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

- Ina Chan, Assistant Auditor General

- Bruno Galle, Audit Manager

- Mary-Anne Bedard, General Manager, Shelter, Support and Housing Administration

- Doug Rollins, Director, Housing Stability Services, Shelter, Support and Housing Administration

The Auditor General's Annual Work Plan includes a series of ongoing and upcoming audits along the housing continuum. The focus of this audit is the administration of rent-geared-to-income (RGI) and the verification of each household’s ongoing eligibility for RGI assistance while living in social housing.

It is well known that there is a shortage of social housing units to meet the need for deeply affordable housing in Toronto. The findings and recommendations from this audit can assist the City in taking greater responsibility for key aspects of the RGI administration process.

In a city with thousands of individuals and families waiting years for subsidized housing, it is vital to ensure that the people living in RGI units are eligible for the assistance they receive; otherwise, people who are in need of financial assistance and on the waiting list will have to wait even longer.

We have made recommendations that will help the City meet its legislated responsibilities and provide the tools and support that housing providers need to ensure households benefitting from RGI are eligible. These are categorized into three areas and highlight that the City needs to:

1. Ensure indicators of RGI eligibility issues are identified and resolved, by effectively addressing existing eligibility concerns and empowering providers with adequate guidance, training and tools.

2. Centralize key systems and processes used to administer RGI so that the City can provide more effective oversight, create efficiencies in how eligibility is assessed and better support housing providers in administering RGI.

3. Expand integration of income-based programs, to create efficiencies in eligibility verification and addressing potential fraud through increased information sharing.

Our audit provides 13 recommendations that will help will help maintain public confidence in the City's oversight of social housing funding. More importantly, this will help prevent providing assistance to ineligible households and assist more waiting and eligible people to access stable housing.

The Audit Committee recommends that:

1. City Council request the General Manager, Fleet Services Division, to revise the timing for replacement vehicle purchases to take into account the time required to acquire complex and specialized units.

2. City Council request the City Manager, in consultation with the General Manager, Fleet Services Division, to take steps to assess and where needed, address the vehicle replacement backlog to prevent expensive repairs towards the end of a unit's life span.

3. City Council request the General Manager, Fleet Services Division, to assess the tendering needs for heavy duty units and where feasible, streamline the procurement process through the use of multi-year contracts.

4. City Council request the General Manager, Fleet Services Division, to take steps to improve the consistency and reliability of its decision-making process for vehicles at or near the end of life, including:

a. Supplementing the lifecycle cost analysis with vehicle condition assessments (PMVs); and

b. Revising the PMV form, process, timing and frequency of vehicle condition assessments to better inform asset replacement decisions.

5. City Council request the General Manager, Fleet Services Division, to develop a policy to formalize the process for declaring units beyond economic repair, including the threshold and the criteria to consider, and required level of documentation.

6. City Council request the General Manager, Fleet Services Division, to take steps to review and address the issue of extended redeployment. Steps to be taken should include, but not be limited to:

a. Consistently tracking all relevant redeployment information;

b. Reviewing business cases to ensure proper justification is provided for redeployments; and

c. Regularly monitoring redeployed assets and removing them when it is no longer economical to keep them in service.

7. City Council request the City Manager to forward this report to Division Heads and request them to review their respective use of redeployment assets to ensure they are still operationally effective and economical.

8. City Council request the General Manager, Fleet Services Division, to take steps to improve management of the City's fleet inventory, including:

a. Perform inventory reviews on a regular basis moving forward;

b. Revise the process to receive ongoing inventory information updates for greater efficiency, and ensure that user groups have a clear understanding of expectations and the process;

c. Work with user groups to ensure that Fleet Services is notified of inventory changes as they occur;

d. Work with user groups to improve physical inventory management practices, particularly for attachments and other off-road equipment which may have a higher risk of loss; and

e. Ensure appropriate document retention practices for vehicle returns and disposals.

9. City Council request the General Manager, Fleet Services Division, to formalize communication channels between Fleet Maintenance and Fleet Asset Management, particularly relating to acquisition and disposal of fleet assets.

10. City Council request the City Manager, in consultation with the General Manager, Fleet Services Division, to establish formal communication channels to ensure that operating requirements of user groups both at the frontline and leadership level are clearly communicated to Fleet Services Division in a timely manner.

11. City Council request the General Manager, Fleet Services Division, to revise rental vehicle processes with a view to minimizing unnecessary costs, including:

a. Streamline pick-up and drop-off logistics to minimize delays and unnecessary costs;

b. Explore opportunities to increase coverage of rental duties;

c. Analyze and monitor rentals regularly, including length of time rented, to ensure that rental decisions are economical to the City; and

d. Explore opportunities to identify and minimize low utilization rental vehicles.

12. City Council request the General Manager, Fleet Services Division, to provide garage staff and vehicle operators with contact information of available free roadside assistance services and guidance on when to use this program.

13. City Council request the General Manager, Fleet Services Division, to take steps to strengthen vehicle warranty administration. Such steps should include but not be limited to:

a. Ensuring all warranty information for vehicles, equipment, and related add-ons and attachments are entered into the M5 system in a timely manner;

b. Establishing a threshold to guide garage staff on when to pursue warranty claims,  considering both downtime and repair costs; and

c. Ensuring work order notes contain sufficient details and evidence to allow staff to effectively pursue warranty claims.

14. City Council request the General Manager, Fleet Services Division, to revise the warranty administration reporting structure to allow effective communication of warranty related issues to Asset Management.

15. City Council request the General Manager, Fleet Services Division, to utilize the Warranty Claims Manager module in the M5 system to automate the tracking and reporting of warranty claims.

16. City Council request the General Manager, Fleet Services Division, to track warranty work order statuses and periodically review work orders for missed warranty opportunities.

17. City Council request the General Manager, Fleet Services Division, to establish internal warranty claim submission and success rate targets, and to measure and report actual performance against these targets.

18. City Council request the General Manager, Fleet Services Division, to take steps to establish service agreements with its warranty service providers at the time of procurement, to ensure timely and uninterrupted maintenance for vehicles requiring service above and beyond its warranty coverage.

19. City Council request the City Manager, in consultation with the General Manager, Fleet Services Division, to take steps to effectively identify, report, and deter damages caused from operating without care to avoid unnecessary costs to the City.

20. City Council request the City Manager to consider the appropriate role of Fleet Services in the management and oversight of the City's fleet assets, and provide the Fleet Services Division with authority to act accordingly.

21.  City Council direct the General Manager, Fleet Services, to take on an expanded city-wide scope and mandate providing oversight, direction and support to all City divisions, agencies and corporations including Community and Social Services, Infrastructure and Development, Finance and Treasury Services, the City Clerk's Office at the City, and the Toronto Transit Commission, the Toronto Police Service, the Toronto Parking Authority, Toronto Community Housing, CreateTO, Exhibition Place, Toronto Public Health, Toronto Public Library and the Toronto Zoo.

22.  City Council direct the General Manager, Fleet Services, to report on an implementation plan for a centralized fleet management model to the General Government and Licensing Committee in Q3 2020, with such report to address the feasibility of the General Manager, Fleet Services, providing oversight and approval for all fleet-related assets, goods, and services purchased and used by City divisions and agencies.

23.  City Council direct the General Manager, Fleet Services, to work with the City divisions, agencies and corporations listed in Recommendation 21 above, to assess regulatory, compliance related matters and their impact to moving to a centralized model.

24.  City Council direct City divisions and agencies to comply with Fleet Services initiatives and directions on fleet management and direct the General Manager, Fleet Services, to report back annually to the General Government and Licensing Committee on the City of Toronto's fleet damages related to operating without care and any corrective or preventative actions required.  

This report presents the results of Phase Two of the Auditor General's operational review of the Fleet Services Division. The objective of this review was to assess the Division's asset management practices of the City's fleet.

A separate Phase One report, titled "Fleet Services Operational Review - Phase One: Lengthy Downtime Requires Immediate Attention", was presented to the Audit Committee on May 3, 2019.

The key findings from the audit are:

1. The City's fleet often remains in operation for longer than optimal, which increases the risk of failure and costly repairs. New units should be procured on a timely basis to ensure that replacements arrive when needed.

2. Fleet Services should strengthen its decision-making processes to ensure that vehicles near their end of life remain in operation for only as long as economical to the City. This includes supplementing its analysis to flag units for disposal, improving the quality of vehicle condition assessments, and removing units that have been redeployed for extended periods of time.

3. Improving the logistics for rental vehicles will reduce the delays in pick-up and drop off. These delays are currently costing the City $79,000 per year in rental costs for units that are not in operation. Additionally, the City could have saved an estimated $45,000 per year by purchasing certain units that have been rented for prolonged periods of time.

4. New vehicles usually come with standard manufacturer warranty. This warranty was not always being taken advantage of, resulting in unnecessary costs. Many improvements are needed. Strengthening the processes in this area will help Fleet to realize additional warranty claim opportunities.

5. The City needs a central oversight function in Fleet Services to ensure the most economical decision making for the City as a whole. The City manager should examine Fleet Services' role, responsibilities, and authority in order to enable it to act effectively as a steward of the City's fleet assets.

This report provides 20 recommendations to help achieve efficiencies, improve warranty administration, and strengthen oversight of the City's fleet assets.

The Audit Committee recommends that:

1.  City Council receive the Auditor General’s 2020 Work Plan, attached to the report (October 9, 2019) from the Auditor General.

2.  City Council again request the Toronto Police Services Board and the Toronto Public Health Board to invite the Auditor General to complete a risk assessment of operations in order to inform potential audit projects on future Work Plans; and further direct the Auditor General to report to the Audit Committee on the Boards' responses to this request.

3.  City Council request the Auditor General to consider providing for a complete analysis of any contracts that have overrun their budget.

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 2020. The Auditor General may amend the annual Work Plan if new priorities arise.

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.

Flexibility within the Auditor General’s Work Plan is needed to address emerging risk areas and high-risk complaints to the Fraud & Waste Hotline.

In order to appropriately respond to certain emerging risks, the Auditor General may need to re-prioritize or delay audits included in the Annual Work Plan. This is necessary in order to provide City Council with assurance that emerging risks are being adequately addressed in a timely manner. For example, there is an increasing prevalence of reported breaches of governmental systems across Canada and the United States. It is appropriate that the Auditor General respond by increasing her focus on cyber-security of City assets.

In addition, the Auditor General anticipates that the need for 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. Currently, the Auditor General's Office has over eight active investigations underway and there are a number of other high-risk complaints that are waiting to be addressed.

In accordance with Chapter 3 of the Toronto Municipal Code, City Council may add to the annual audit plan by a two-thirds majority vote of all Council Members.

The Audit Committee recommends that:

1.  City Council direct the City Manager to report to the Audit Committee in Q1 2020 with an update on the implementation of all outstanding audit recommendations for the City Manager's Office, all City divisions within Community and Social Services, Corporate Services, Finance and Treasury Services, and Infrastructure and Development Services, and the City's agencies and corporations, with the report to include detailed plans and timelines for implementation of all recommendations not yet fully implemented.

2. City Council receive the report (October 10, 2019) from the Auditor General for information.

This consolidated year-end report summarizes the 2019 audit recommendations follow-up results for all City divisions, the City Manager's Office, Agencies and Corporations, and recommendations issued by the Auditor General's Forensic Unit.

The number of audit recommendations implemented by management over the past year was low. The City divisions, the City Manager's Office and Agencies and Corporations implemented 18 per cent of the outstanding recommendations during this year's follow-up process.

A total of 392 recommendations were included in this follow-up review and we verified that 71 recommendations have been fully implemented, and 10 recommendations are no longer applicable. There are 311 recommendations that remain not fully implemented.

During the current follow-up process management reported that 172 out of 392 recommendations have been implemented. However, based on our review, we determined that 101 (59 per cent) of those recommendations have not been fully implemented because the steps undertaken or the extent of the improvement did not fully address the issue or the intent of the recommendation or management was not able to provide sufficient evidence of actions taken. A significant amount of work is required to verify implementation of recommendations, and in circumstances where recommendations are not implemented, it is a waste of audit resources.

Recommendations implemented in 2019, resulted in savings and revenue increases.  As a result of management actions, the City achieved approximately $3.1 million in one time savings and approximately $2.8 million in annual recurring savings.  Details of savings identified during the current follow up cycle are provided in Attachment 1.

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.

The Audit Committee recommends that:

1.  City Council receive the report (October 9, 2019) from the Auditor General for information.

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 9, 2019) from the Auditor General remain confidential in its entirety, as it involves the security of property belonging to the City of Toronto.

The Audit Committee requested the Chief Financial Officer and Treasurer to report to the Audit Committee for its meeting on February 10, 2020 on the high-priority outstanding recommendation originally contained in the Auditor General's report (June 12, 2012) entitled "Improving Reporting and Monitoring of Employee Benefits" (AU7.10):

2. City Council request the Director, Pension, Payroll and Employee Benefits, give consideration to the formal documentation of an annual evaluation of the benefit administrator performance as it relates to prevention, detection and investigation of benefit fraud including fraud related to the receipt of Long Term Disability benefits.

______

The Audit Committee recessed its public session and met in closed session to consider confidential information on this Item as it relates to the security of property belonging to the City of Toronto.

This report provides information regarding the implementation status of publicly reported recommendations made by the Forensic Unit. These recommendations were made in the context of the annual reports on the Fraud and Waste Hotline and investigations.

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, 2017, a total of 57 recommendations related to City Divisions made by the Forensic Unit were reported publicly. Twenty-nine of them were implemented before 2018. Of the remaining 28 recommendations:

-     3 recommendations were implemented in 2019
-     7 recommendations remain outstanding
-     17 were deferred until the next follow-up
-     1 recommendation was no longer applicable
 

For the current follow-up process, management reported that seven were fully implemented. However, based on our review we determined that three of those recommendations have not been fully implemented and one is no longer applicable. Management agreed with our assessments and will take additional actions to fully implement the outstanding recommendations in the future.

One additional confidential recommendation was made to management staff and has been fully implemented. The implementation status of confidential recommendations is communicated directly to the City Manager.

The Forensic Unit also made 11 recommendations related to City agencies and corporations as at December 31, 2017. The status of these recommendations was included in the Auditor General’s 2019 Status Report on Outstanding Audit Recommendations for City Agencies and Corporations that was considered by Audit Committee on June 28, 2019. Follow-up on any outstanding recommendations for agencies and corporations will be included in a separate Forensic Unit report next year.

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 (June 21, 2019) from Robert Gore & Associates, Chartered Professional Accountants, for information.

Robert Gore & Associates, Chartered Professional Accountants, reporting on the Results of Applying Specified Auditing Procedures to Financial Information, other than Financial Statements, for the year ended December 31, 2018, for the Auditor General's Office; and advising that they found no exceptions to the adherence to the policies, procedures and delegated authorities as they applied to a test sample of transactions.

The Audit Committee recommend that:

1.  City Council receive the report (October 9, 2019) from the Chief Financial Officer and Treasurer, and the Controller, for information.

At its July 16, 2019 meeting, City Council requested the Chief Financial Officer and Treasurer, and the Controller, to review the presentation of the City's budget documents and consolidated financial statements for transparency and understandability, following the Audit Committee June 28, 2019 submission of the City of Toronto's (City) Audited, Consolidated Financial Statements (Statements).  This report provides information about the presentation standards used for the City's Statements, including best practices among Canadian municipalities, and provides support for the presentation currently used by the City.

The Audit Committee recommends that:

1. City Council receive the 2018 audited financial statements of arenas attached to the report (October 4, 2019) from the Auditor General.

The Audit Committee:

1.  Requested the Auditor General to report to the next meeting of the Audit Committee on February 10, 2020, with an update on the reportable matters listed in Welch LLP's Management Letter to the Board of Management, Leaside Memorial Community Gardens.  

The purpose of this report is to provide the Audit Committee and City Council with an update on the remaining 2018 audited financial statements of arenas.

The 2018 audited financial statements for the eight City arenas are presented to the Audit Committee after approval by their respective Boards or Committees of Management. The external auditor, Welch LLP, advise that they have provided their comments on internal controls to some organizations by way of a report to the Board.

The Independent Auditor’s Report, accompanying financial statements, and internal control letter (where applicable) is attached to this report.

The Audit Committee recommends that:

1. City Council receive the 2018 audited financial statements of Community Centres attached to the report (October 4, 2019) from the Auditor General.

The purpose of this report is to provide the Audit Committee and City Council with an update on the remaining 2018 audited financial statements of Community Centres.

The 2018 audited financial statements for the 10 Community Centres are presented to Audit Committee after approval by their respective Boards of Management. The external auditor, Welch LLP, advise that they have provided their comments on internal controls to some organizations by way of a report to the Board.

Each Community Centre’s Independent Auditor’s Report, accompanying financial statements, and internal control letter (where applicable) is attached to this report.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidates to the Toronto Public Library Board, at pleasure of Council, for a term of office ending on November 14, 2022, and until successors are appointed:

Sarwar Choudhury

Alison Menary

2. City Council direct that Confidential Attachments 1 to 4 to the report (October 4, 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.

Candidates' biographies:

Sarwar Choudhury

A CPA, CA by profession, Sarwar currently works as a Manager at Ernst & Young in an Advisory capacity, with experience in the government and public sector. Sarwar has previously worked as a Constituency Office Manager for a Member of Parliament, and served as the Vice-President of the Scarborough Business Association. Sarwar is very engaged in the Scarborough community where he has dedicated time to working with community organizations, small businesses, and families.

Alison Menary

Alison has been in the IT industry for 15+ years leading software implementation projects for both start-ups and large enterprise, living and working in North America, Europe, and Asia, visiting over 40 countries in her travels. She heads the software team at leading self service technology company Embross delivering solutions for the travel and transportation industry. An immigrant, she has called Canada home for thirty years. She is an avid reader and is currently writing her first book. Alison holds an Honours degree in Computer Science and Anthropology from the University of Toronto. 

The Civic Appointments Committee will conduct interviews and recommend two candidates to City Council for appointment to the Toronto Public Library Board.

The Civic Appointments Committee recommends that:  

1. City Council appoint Harvey Manning to the Aboriginal Affairs Advisory Committee, at pleasure of Council, for a term of office ending on November 14, 2022.

Candidate's and organization's biography:

Harvey Manning

Harvey Manning is the current Director of Anishnawbe Health Toronto.  He has over 30 years working in the Indigenous community with specialized interest in mental health and concurrent disorders. He is also an Instructor of Urban Aboriginal Issues at George Brown College and used to be the Executive Director of Na-Me-Res.

Anishnawbe Health Toronto (AHT) is a community health centre in downtown Toronto. Their model of health care is based on Traditional practices and approaches and are reflected in the design of its programs and services. AHT offers access to health care practitioners from many disciplines including Traditional Healers, Elders and Medicine People. Ancient ceremonies and traditions, intrinsic to our health care model are also done. Their work with the homeless has evolved from early directions of crisis intervention to our current efforts of working with those who seek to escape homelessness. Training programs offer community members the opportunity to learn and grow in a culture based setting.

The purpose of this report is to have City Council appoint one (1) member of the public to the Aboriginal Affairs Advisory Committee.

The Civic Appointments Committee recommends that:  

1. City Council appoint Howard Wax to the Toronto Accessibility Advisory Committee, for a term of office ending on November 14, 2022, and until a successor is appointed.

Candidate's biography:

Howard Wax

Since becoming disabled by a stroke in 2001, Howard has become an active advocate for persons with disabilities. Following his recovery, he became a patient's advocate for St. John's Rehab Hospital and Sunnybrook Hospital. In 2002, he was appointed to the TTC Advisory Committee on Accessible Transportation. He served as a member for 2 terms as Vice-Chair and 1 term as Chair. He continues to serve as a member of the Wheel-Trans Eligibility Appeals Panel.

The Toronto Accessibility Advisory Committee is composed of 12 members of the public and up to 1 Members of Toronto City Council. There is currently one public member vacancy due to the resignation of one Committee member. The Accessibility Advisory Committee is a legislated requirement under the Accessibility for Ontarians with Disabilities Act (AODA).

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

The Economic and Community Development Committee recommends that:

1.  City Council authorize the Chief, Toronto Paramedic Services to negotiate and enter into a contract with Priority Dispatch Corporation in the amount of $822,062 (USD), to provide ongoing certification training and quality assurance support services to support Toronto Paramedic Services (TPS) use of Medical Priority Dispatch Triage System (MDPS) for a period of five (5) years from the date of the Agreement, on terms and conditions satisfactory to the Chief, Toronto Paramedic Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive Agreement with Priority Dispatch Corporation, who is the current vendor providing Toronto Paramedic Services (TPS) Communications Centre with the Medical Priority Dispatch Triage System (MPDS), to provide ongoing certification training and quality assurance services to support TPS ongoing operation of MPDS, in the total amount of $822,062 (USD), net of all taxes and charges ($836,530 (USD) net of Harmonized Sales Tax recoveries) for a period of five (5) years from the date of award. The current contract with Priority Dispatch Corporation is due to expire on November 6, 2019.

City Council approval is required in accordance with Municipal Code Chapter 195-Purchasing, where the current non-competitive procurement request exceeds the Chief Purchasing Official's authority of the cumulative five year commitment limit under Article 7, Section 195-7.3 (D) of the Purchasing By-Law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.

The Economic and Community Development Committee recommends that:

1.  City Council add the following Commitment to the Whole-of-Government Framework to Guide City of Toronto Relationships with the Community-Based Not-for-Profit Sector, and direct the Executive Director, Social Development, Finance and Administration to work with relevant Indigenous-led organizations, the Manager of the Indigenous Affairs Office and with other appropriate City Divisions to coordinate the implementation of this Commitment:

"COMMITMENT TO RECONCILIATION WITH INDIGENOUS PEOPLES: The City will further its commitment to reconciliation with Indigenous Peoples through enhanced engagement with Indigenous-led not-for-profit organizations based in Toronto and by providing funding and other supports to advance their priorities."

2.  City Council add the following Commitment to the Whole-of-Government Framework to Guide City of Toronto Relationships with the Community-Based Not-for-Profit Sector and direct the Executive Director, Social Development, Finance and Administration to work with the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Finance, the Director, Real Estate Services, the Chief Executive Officer, CreateTO and with other appropriate City Divisions, and to consult with relevant community-based not-for-profit organizations and funding partners, to coordinate the implementation of this Commitment:  

"COMMITMENT TO COMMUNITY SPACE: The City commits to developing policies and partnerships that improve the community-based not-for-profit sector's access to decent, affordable facilities and spaces to provide community services and programming. This includes helping to build capacity in the Sector to acquire and leverage real estate assets for community use. The City recognizes the public benefits that are generated through community-operated and community-owned space in Toronto."

3.  City Council direct the Executive Director, Social Development, Finance and Administration to work with the Director, Accounting Services to implement changes in the City's accounting systems (SAP) to facilitate reporting on the City's investments in the not-for-profit sector, starting in 2020.

4.  City Council direct the Executive Director, Social Development, Finance and Administration to submit a proposal in the 2021 budget process for resources required to steward the relationship with the community-based not-for-profit sector.

Toronto's not-for-profit sector ("the Sector") has a profound positive impact on local communities. The City relies on and supports not-for-profit organizations to help make Toronto a vibrant, caring, and inclusive home for residents, as well as a culturally rich and welcoming place to visit. In 2017 Toronto became the first Canadian city to adopt a government-wide framework to guide and enhance its relationships with the Sector. The framework contains guiding principles, six strategic commitments and an action plan. It was co-created with a Community Advisory Table, on the basis of stakeholder consultations and an interjurisdictional review.

This first progress report on implementation of the framework was prepared with a Joint Steering Committee composed of City staff and not-for-profit organizations. All of the actions under the framework that were planned for 2018-2019 are either completed or have been launched as ongoing activities. An updated action plan is provided as Attachment 1. Activities and early impacts include the following:

-    A cross-corporate online grants system was launched to enhance transparency and reduce administrative burden for the City and not-for-profit applicants/grantees;
-  New accounting codes were established to facilitate monitoring and reporting on transactions with not-for-profits;
-    More City facilities were added to the Community Space Tenancy (below market rent) portfolio;
-    Governance training was provided to over 100 not-for-profit organizations;
-    A Community Space Registry was launched to guide space planning and help the Sector identify and leverage its real estate assets; and
-    Toronto's first "Not-for-Profit Recognition Day" was proclaimed on October 2, 2019.

This report recommends that Council adopt further commitments to:

-    Strengthen the City's relationships with Indigenous-led not-for-profits; and
-    Increase the Sector's access to space to deliver community programming.

This report also recommends that Council request a business case in the 2021 budget cycle for resources to steward the City/Sector relationship most effectively.

The Economic and Community Development Committee recommends that:

1.  City Council direct the Executive Director, Social Development, Finance and Administration, to submit a business case for consideration during the 2020 budget process to resource the actions, services and programs identified for the implementation of the Regent Park Social Development Plan.

2.  City Council direct the Executive Director, Social Development, Finance and Administration, to submit a business case for consideration during the 2020 budget process to fund program operations to ensure ongoing engagement and capacity building of residents and grassroots group of Regent Park throughout the lifetime of revitalization.

The Economic and Community Development Committee:

1.  Requested the Executive Director, Social Development, Finance and Administration to report to the October 29 and 30, 2019 City Council meeting on:

a.  how much has been invested by Toronto Community Housing Corporation (TCHC) and community partners on the revitalization over the past ten years;

b.  the number of full and part time jobs created over the last ten years;

c.  the training programs implemented over the last ten years, including the number of residents trained.

The Regent Park Social Development Plan was developed through community consultations to ensure social inclusion and social cohesion of residents throughout the duration of the Regent Park revitalization. In 2017, after ten years of revitalization, community partners, residents and City staff updated the Social Development Plan and identified fifty three actions for implementation.  Nineteen of these actions have been identified as priority and are ready for implementation while the remaining thirty four actions require further development.   

This report identifies prioritized Regent Park Social Development Plan actions, services and programs and a strategy to resource these actions for consideration in the 2020 Budget process.

The Economic and Community Development Committee recommends that:

1.  City Council adopt the following strategic priorities to guide the City's investment in culture over the next five years (2020-2024):

a. Culture for all, to increase opportunities for all Torontonians, no matter where they live in the city, to participate in local, relevant cultural activities throughout the year that reflect Toronto's diversity and creativity.

b. Space for culture, to maintain and create new accessible, sustainable spaces for Toronto's creative sector in a growing city.

c. Developing creative talent to strengthen Toronto's cultural workforce, and increase diversity and representation within the sector.

2.  City Council request the General Manager, Economic Development and Culture, in collaboration with Corporate Finance staff, to present to the November 8, 2019 meeting of the Toronto Music Advisory Committee on recommendation 1b, with respect to maintaining and creating new accessible, sustainable spaces for Toronto's creative sector in a growing city.

Toronto's cultural sector - including the arts, film and entertainment industries, and museums and heritage - is a major economic driver and fosters healthy, vibrant communities across the city. In May 2011, City Council adopted Creative Capital Gains, which included 33 recommendations to position Toronto as an international creative capital. With the support of partners across the cultural sector, the City has now implemented the vast majority of the recommendations included in Creative Capital Gains. As well, the City achieved its longstanding goal of investing $25 per capita in arts and culture in 2018.

Having achieved many of the objectives of Creative Capital Gains, the time is right for the City to consider a new framework to inform its investment in culture. This report builds on significant consultation across the culture sector and recommends that City Council adopt three strategic priorities for cultural investment over the next five years (2020-2024), including:

1. Culture for all, to increase opportunities for all Torontonians, no matter where they live in the city, to participate in local, relevant cultural activities throughout the year that reflect Toronto's diversity and creativity.

2. Space for culture, to maintain and create new accessible, sustainable spaces for Toronto's creative sector in a growing city.

3. Developing creative talent to strengthen Toronto's cultural workforce, and increase diversity and representation within the sector.

The proposed priorities are outlined in detail in this report. If adopted, they will be used to guide the City's cultural programs and services, and shape investments related to the arts, film and entertainment industries, and museums and heritage. The proposed priorities have been developed based on feedback from a robust, inclusive city-wide community consultation process undertaken to build the Economic Development and Culture Divisional Strategy (2018-22); ongoing discussions with stakeholders and partners in the culture sector; and policy directions from City Council. They also advance the objectives of the Division's Equity Plan, a guiding framework to foster inclusion and equity in all of Economic Development and Culture ( EDC's) activities.

The Economic and Community Development Committee recommends that:

1. City Council request Tourism Toronto to designate two voting members on its Board of Directors to the City of Toronto: one seat for the Mayor or designate and the other for the General Manager of Economic Development and Culture or designate.

The City of Toronto's long relationship with Tourism Toronto is characterized by close collaboration to ensure that Toronto is promoted as an attractive destination for visitors. Tourism Toronto is not an agency of the City of Toronto. It is an independent not-for profit organization that reports to its own Board of Directors. The fiscal and governance relationship between Tourism Toronto and the City has evolved and changed over the years.

This report describes Tourism Toronto and its relationship with the City. The report responds to City Council direction to report back on the relationship, including governance and Board structure, in response to changing funding relationships and increased financial reliance by Tourism Toronto on the City of Toronto.  The report recommends that Tourism Toronto be requested to designate two voting members on the organization's Board of Directors to the City of Toronto.

The Economic and Community Development Committee recommends that:

1. City Council direct the General Manager, Economic Development and Culture, to discontinue the cultural grant program currently operating as the Major Cultural Organizations program as of January 1, 2020.

2. City Council direct the General Manager, Economic Development and Culture, to discontinue the cultural grant program currently operating as the Grants to Specialized Collections Museums program as of January 1, 2020.

3. City Council direct the General Manager, Economic Development and Culture, to ensure all recipients of grants from the Major Cultural Organizations and the Grants to Specialized Collections Museums programs' obligations are met for their 2019 allocations.

4. City Council direct the General Manager, Economic Development and Culture, to establish a new cultural grant program called the Cultural Festivals program, with the program design, eligibility criteria, assessment process and intended outcomes to be established with community input in 2020.

5. City Council direct the General Manager, Economic Development and Culture, to transfer the assessment and administration of annual operating grants currently disbursed under the Major Cultural Organizations program to the Canadian Opera Company, the National Ballet of Canada, and the Toronto Symphony Orchestra to the Toronto Arts Council.

6. City Council direct the General Manager, Economic Development and Culture, to establish a new cultural grant program called the Cultural Access and Development program, with the program design, eligibility criteria, assessment process and intended outcomes to be established with community input in 2020.

7. City Council direct the General Manager, Economic Development and Culture, to work with organizations currently funded through the Major Cultural Organizations and Grants to Specialized Collections Museums programs to advise them of their eligibility to apply for funding through the new Economic Development and Culture Division programs or the Toronto Arts Council in 2020.

This report responds to directions from City Council to review the Major Cultural Organizations program and the Grants to Specialized Collections Museums program, specifically the programs' design, eligibility criteria, assessment process and intended outcomes, and report back to the Economic and Community Development Committee by October 2019 on any recommended changes.

Following the directions set out in the Economic Development and Culture Divisional Strategy (2018-22), this report proposes that the Division's cultural grants be realigned to respond better to current priorities for equitable access to funding, including:

-  Potential for increased distribution of resources outside the core
-  The development of talent and innovation in programming and partnerships
-  An emphasis on open, fair, competitive and transparent funding programs

To achieve those objectives, this report recommends that the Major Cultural Organizations and Grants to Specialized Collections Museums programs be dismantled, and be replaced with new funding approaches. Clients currently being served through the existing funding programs have the opportunity to apply for municipal support in the new funding programs proposed in this report. The proposed changes include:

-  Establishing a new competitive "Cultural Festivals" funding program in Toronto

 
-  Transferring the administration of municipal grants for the Canadian Opera Company, the National Ballet of Canada, and the Toronto Symphony Orchestra to the Toronto Arts Council
 

-  Establishing a new competitive "Cultural Access and Development" funding program for cultural institutions that deliver on City goals of supporting access to culture through year-round cultural programming, by providing accessible creative space or by supporting diverse talent development

The Economic Development and Culture Division will work with organizations currently funded through the Major Cultural Organizations and Grants to Specialized Collections Museums programs to advise them of their eligibility to apply for funding through the new programs or through the Toronto Arts Council in 2020.

No new funding is being requested at this time to establish these new granting programs. The program realignments will initially be funded through a reallocation of the current Major Cultural Organizations and Grants to Specialized Collections Museum program budgets. The new programs could be enhanced and expanded in future years to support a greater number of cultural organizations, pending approval of additional funding as part of the annual budget process.

The Economic and Community Development Committee recommends that:

1.  City Council extend its appreciation to The Advocates' Society for its past and present support to Campbell House Museum.

2.  City Council request The Advocates' Society to maintain its financial support for Campbell House Museum beyond 2020.

3.  City Council request the Sir William Campbell Foundation to maintain its charitable status, seek broader community representation on its board of directors, and continue to manage Campbell House Museum.

4.  City Council approve the additional $32,000 grant request made in 2019 by the Sir William Campbell Foundation to operate Campbell House Museum, to be funded from the 2019 approved operating budget for Economic Development and Culture.

5.  City Council direct the General Manager, Economic Development and Culture to ensure that any future increases in the grant made annually through Economic Development and Culture to the Sir William Campbell Foundation be commensurate with reductions in the grant made annually by The Advocates' Society to the Foundation to operate Campbell House Museum.

6.  City Council direct the General Manager, Economic Development and Culture, to negotiate the following amendments to the 1971 agreement between the City of Toronto and the Sir William Campbell Foundation:

a. remove all references and obligations in relation to The Advocates' Society;

b. reduce the Foundation's financial obligations in a manner commensurate with the Campbell House Board of Management assuming responsibility for capital maintenance and repairs of the Campbell House on a permanent basis; and

c. any other terms that may be mutually satisfactory to both parties, to the satisfaction of the General Manager, Economic Development and Culture, in consultation with the City Solicitor and the City Manager.

7.  City Council authorize the General Manager, Economic Development and Culture, to sign the amending agreement with the Sir William Campbell Foundation as referenced in recommendation 6 of this report.

8.  City Council amend Chapter 68 of the Municipal Code of the former City of Toronto to:

a. add capital maintenance and repairs to the responsibilities of the Campbell House Board of Management and to make capital expenditures in accordance with the applicable budget allocation, year over year; and

b. reflect amendments to the 1971 agreement between the City of Toronto and the Sir William Campbell Foundation, as necessary.

9.  City Council direct the General Manager, Economic Development and Culture to include Campbell House Museum in the City's 10-Year Capital Budget and Plan submission as part of the 2020 Budget process for consideration, once the 1971 agreement between the City of Toronto and the Sir William Campbell Foundation and Chapter 68 of the Municipal Code of the former City of Toronto have been amended.

10.  City Council direct the General Manager, Economic Development and Culture to include the 2020 increase in the grant to the Sir William Campbell Foundation in the Economic Development and Culture's 2020 Operating Budget submission for consideration.

Campbell House Museum is a City-owned building, situated on land leased from Canada Life Assurance Company at the north-west corner of Queen and University Avenue. It is operated by the Sir William Campbell Foundation with oversight by the City-appointed Campbell House Board of Management.

Since 1972, the Museum's largest source of operating and capital funds has been The Advocates' Society (TAS). TAS began reducing its support to the Museum in 2018 and will likely provide its final grant in 2020. In response, the Foundation (whose board of directors is composed of TAS members) has proposed winding up its affairs and transferring responsibility for the Museum and the House to the City of Toronto under the Economic Development and Culture Division.

This report recommends a different approach to that proposed by TAS to sustain the vibrancy of Campbell House Museum. The recommended approach would have the Foundation continue to exist as a charitable body, with changes made to the composition of its board to replace TAS members with community representatives. The Museum would continue to be governed by the Foundation and the Board of Management with new members. The City would increase its annual grant to replace funding from TAS, and would assume responsibility for capital maintenance and repairs at the Museum.

The Economic and Community Development Committee recommends that:

1.  City Council in accordance with the City's Public Appointments Policy, remove the following directors from the Uptown Yonge Business Improvement Area (BIA) board of management set out below:

            Cutruzzola, Adriana

            Hunermund, Scott

The purpose of this report is to remove two directors from the Uptown Yonge Business Improvement Area (BIA) Board of Management.  The Uptown Yonge BIA falls within two Community Council boundaries.

The Economic and Community Development Committee recommends that:

1.  City Council designate, based on the poll results respecting the intention to designate the Rogers Road Business Improvement Area, the area described by Attachment 1 to the report (September 26, 2019) from the General Manager, Economic Development and Culture as the Rogers Road Business Improvement Area, under the Toronto Municipal Code, Chapter 19, Business Improvement Areas.

2.  City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment 1 to the report (September 26, 2019) from the General Manager, Economic Development and Culture, as the Rogers Road Business Improvement Area.

3.  City Council approve those amendments necessary to Schedule "A" of the Toronto Municipal Code, Chapter 19, Business Improvement Areas, to include the Rogers Road Business Improvement Area.

The purpose of this report is to recommend that the area shown in Attachment No.1 be designated as the Rogers Road 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 Rogers Road BIA.  The area, generally along Rogers Road, is bounded by Weston Road to the west and Bronoco Avenue to the east, also includes the area along Keele Street, south to Lavender Road.

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.  Accordingly, it is recommended that City Council pass a by-law to designate the area described in Attachment No. 1 as the Rogers Road BIA. Subject to Council's approval, this will be the City's eighty-third BIA.

The Economic and Community Development Committee recommends that:

1.  City Council receive the report (October 11, 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 request the Fire Chief and General Manager, Toronto Fire Services to report back to City Council in advance of the commencement of the 2021 budget process with recommendations for further Inspection and/or Quality Assurance (QA) Inspection Review Audit service level enhancements.

This report responds to City Council direction related to the Auditor General's 2018 report AU13.11 "Raising the Alarm: Fraud Investigation of a Vendor Providing Life Safety Inspection Services to the City of Toronto."

In response to this report, the Audit Committee, at its meeting of July 13, 2018, requested the Fire Chief and General Manager, Toronto Fire Services, to outline operational and financial implications for options related to the assessment of fire safety and compliance with the Ontario Fire Code in buildings within Toronto. Toronto Fire Services (TFS) provided three options designed to enhance annual inspection services. At its meeting of July 23, 2018, City Council endorsed Option 1 which included the assignment of 11 Full Time Equivalents (FTEs) to the TFS Quality Assurance (QA) section effective September 1, 2018.

City Council further requested the Fire Chief and General Manager, Toronto Fire Services to report back to City Council in advance of the 2020 budget process with respect to outcomes and analysis of the enhanced service levels.

With the addition of 11 FTEs assigned to the TFS QA section, TFS estimated the completion of 80 QA Inspection Review Audits in the fourth quarter of 2018 and 325 QA Inspection Reviews in 2019 and annually thereafter. QA Inspection Review Audits involve a systematic and comprehensive review of all aspects of Ontario Fire Code compliance for a given building, including the associated processes completed by third-party contractors.

TFS has been delayed in achieving the original estimated number of QA Inspection Review Audits as a result of previously unanticipated workloads associated with completing the required re-inspections arising out of the Auditor General's 2018 report "Raising the Alarm: Fraud Investigation of a Vendor Providing Life Safety Inspection Services to the City of Toronto".  

At this time, TFS intends to maintain the current service level, and continue to analyze the data from the QA Inspection Review Audits, for the purposes of determining, what if any enhancements to the inspection services would be appropriate. TFS intends to complete this process, and be in a position to advise concerning further service level enhancements, including inspections and/or QA Inspection Review Audits, for the 2021 budget process.

The Economic and Community Development Committee recommends that:

1.  City Council request the General Manager, Children's Services to:

a. Continue to work closely with the Toronto District School Board (TDSB) to identify potential solutions for the school board to continue operating EarlyON Centres, and report back with an update in the second quarter of 2020;

b. Continue the detailed "cost of service analysis" of EarlyON program costs, including the funding benchmarks and review the EarlyON job classes and functions to identify potential changes in the Children's Services Operating and Business Practice Guidelines for 2021;

c. Consider the development of a growth strategy based on the equity-based planning approach as part of the 2020-2025 Early Years Service Plan;

d. Work with the Provincial and Federal governments to increase funding for Toronto EarlyON Child and Family Centres in the next round of funding under the Canada-Ontario Bilateral Agreement and Action Plan on Early Learning and Child Care;

e. Continue, as directed by City Council on June 18, 2019 in MM8.12 and MM8.47, to work with local Councillors and other service providers, to identify replacement sites for the EarlyON programs which were closed in the Niagara Street Junior Public School and the Blake Street Junior Public School.

This report responds to two Member's Motions adopted by City Council at its meeting of June 18th, 2019, where the General Manager, Children's Services was directed to work with the Toronto District School Board (TDSB) and other community partners to identify options for the replacement of the EarlyON Centres at Niagara Street Junior Public School and Blake Street Junior Public School, as these Centres have been slated for closure due to space issues caused by the need to implement alternate programming at these locations.

This report also provides an update on the risk of additional closures of EarlyON Centres operated by the TDSB as a result of ongoing financial pressures being faced by the TDSB.

As well, this report outlines the equity-based planning approach used to guide Children's Services’ decisions about investments and funding reallocations within the EarlyON system. This evidence-based approach uses relevant demographic and service level data to identify service gaps and opportunities to enhance service access for vulnerable families.

The Economic and Community Development Committee recommends that:

1. City Council authorize the General Manager, Children's Services to proceed with the joint approval process for 49 school-based child care capital projects, in cooperation with school boards.

2. City Council authorize the General Manager, Children's Services to proceed with the joint approval process for up to 20 additional school-based child care capital projects under the Ministry of Education's memo (July 22, 2019) known as B17, in cooperation with school boards and subject to funding approval from the Province.

3.  City Council call on the Province to reverse the funding formula changes to child care in Ontario, and maintain previous Provincial funding levels.

The Economic and Community Development Committee:

1.  Requested the General Manager, Children's Services to report back to the Economic and Community Development Committee on Council's approved Child Care Growth Strategy, including a strategy to increase child care spaces in wards of highest and high priority.

This report responds to a City Council request for an update on the potential service impacts of provincial funding changes and a report on school-based child care capital projects that were previously approved by the Ministry of Education. Capital costs of approximately $87.0 million for these projects are fully funded by the Province, while service system managers must confirm that operating costs will be managed within their existing budgets.

In addition, this report provides a status update on the status of the Auditor General's recommendation which directed the City Manager's Office to review the costs as well as financial and non-financial benefits of Toronto Early Learning and Child Care Services using an evidence-based and measurable approach, as outlined in the 2018 report, "Children's Services Division: Opportunities to Achieve Greater Value for Child Care from Public Funds".

The General Government and Licensing Committee recommends that:

1.  City Council amend By-law 159-2018, as amended, governing the Metropolitan Toronto Pension Plan, to:

a.  add the Ontario Municipal Employees Retirement System (OMERS) Plan provision for annual unconditional Consumer Price Index-linked inflation adjustments; and

b.  make such other amendments as may be required to facilitate the merger and transfer of assets.

This report seeks authority to amend the By-law governing the Metropolitan Toronto Pension Plan (Metro Plan) to add the Ontario Municipal Employees Retirement System (OMERS) provision for annual Consumer Price Index (CPI)-linked inflation adjustments, immediately prior to the merger of the Metro Plan with the OMERS Plan under the Pension Transfer Agreement (PTA) between OMERS and the City of Toronto. The PTA requires that Metro Plan members, following a merger with the OMERS Plan, continue to receive their existing benefits and, in addition, become entitled to the same automatic CPI-linked annual adjustment as is provided to all OMERS Plan pensioners. The Metro Plan does not currently contain an indexing provision per se. All historical increases have been ad hoc amendments to the By-law under specified conditions.

The City's experience with the transfer of The Corporation of the City of York Employee Pension Plan (York Plan) indicates that the consent of the Superintendent of Financial Services (the Superintendent) will be conditional upon enacting this indexing amendment to the Metro Plan.

The General Government and Licensing Committee recommends that:

1.  City Council approve the termination of The Corporation of the City of York Employee Pension Plan (the Plan), outlined in Schedule A attached to By-law 1428-2017, as amended, governing the Plan.

 
2.  City Council authorize the City Solicitor, following the distribution of The Corporation of the City of York Employee Pension Plan's remaining assets in accordance with the decision of the York Plan Committee on June 19, 2019, to introduce a Bill to repeal By-law 1428-2017, as amended.

This report seeks authority from Council to terminate The Corporation of the City of York Employee Pension Plan (York Plan) and distribute the assets remaining following the January 8, 2019 merger of the York Plan with the Ontario Municipal Employees Retirement System (OMERS) (remaining assets).

The General Government and Licensing Committee recommends that:  

1.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the lands known municipally as the lane running north/south between the properties at 2 and 8 Cumberland Street, legally described as Part of Lot 21, Concession 2, From the Bay, Township of York, Part 2 on Plan 63R-686, City of Toronto, being all of Property Identification Number 21197-0156(R) and identified as Part 1 on 66R-30919 in Appendix B to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, for municipal purposes, including the construction of a new public lane.

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

3.  City Council authorize the Executive Director, Corporate Real Estate Management, to obtain an appraisal report to determine the market value of the property referenced in Recommendation 1 and to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act.

4.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of all claims and compensation payable for the property referenced in Recommendation 1 by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

On April 26, 27, and 28, 2017, City Council authorized the initiation of expropriation proceedings for the orphaned lane at the rear of 8 Cumberland Street to complete the public lane running north from Yorkville Avenue south to Cumberland Street. Following the Stage 1 authorization, Notices of Application were served and no Hearing of Necessity was requested.

This Stage 2 report seeks approval from City Council, as approving authority under the Expropriations Act, to expropriate the property. The property requirements are shown as Part 1 on Plan 66R-30919 attached as Appendix B. Following approval of this report and Expropriation By-law, an Expropriation Plan will be registered and notices served in accordance with the Expropriations Act.

The General Government and Licensing Committee recommends that:

1.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the leasehold interest in 300 Commissioners Street, as legally described in Appendix A (the Property Interests) and depicted on the location map in Appendix B to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management.

2.  City Council authorize CreateTO, which manages the lands under the ownership of the Toronto Economic Development Corporation, to transfer to the City of Toronto for nominal consideration such part or parts of 300 Commissioners Street as may be required by the City, such transfer to occur at such time as the City requests, with the City to provide a minimum of one year's prior notice to the Toronto Economic Development Corporation of its requirement for part or parts of 300 Commissioners Street to be transferred.

3.  City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession for the Property Interests as legally described in Appendix A to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management.

4.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation for the Property Interests as legally described in Appendix A to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, to the satisfaction of the City Solicitor.

On July 23, 2018, City Council authorized the initiation of expropriation proceedings for the leasehold interest at the property municipally known as 300 Commissioners Street (the Property Interests) for the purpose of the future Broadview Avenue Extension Project.

This Stage 2 report seeks approval from City Council, as approving authority under the Expropriations Act, to expropriate the Property Interests, as legally described in Appendix A and depicted in Appendix B. Following approval of this report and Expropriation By-law, an Expropriation Plan will be registered and Notices of Expropriation will be served. Statutory offers of compensation will be served prior to the City taking possession of the expropriated Property Interests.

The General Government and Licensing Committee recommends that:  

1.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 3, 2019) from the Executive Director, Corporate Real Estate Management, remain confidential in its entirety, as it pertains to a proposed or pending acquisition of land by the City of Toronto or one of its agencies or corporations.

On June 24, 2019, City Council authorized the Director, Real Estate Services, to provide an information report to the General Government and Licensing Committee outlining the Toronto Transit Commission (TTC) Second Exit and Fire Ventilation Upgrade Project and Easier Access Phase III Project (the Projects) Plan, its deliverables, and funding requirements. The Project Plan (see Appendix A) outlines all the subway stations completed to date for the Projects, as well as a listing of all subway stations that are still required to be completed. This report outlines a preliminary list, where possible, of the property requirements together with an estimated property acquisition and timeline for when the property acquisitions will be required. It also provides City Council with details of the Projects' funding requirements.

The General Government and Licensing Committee recommends that:  

1.  City Council authorize the City of Toronto (the City) to enter into one or more transfer agreements with Build Toronto Inc. (Build Toronto) or a subsidiary of Build Toronto to transfer the property municipally known as 2530 Gerrard Street East (the City Property), as described in Attachment 3, in one or more transactions, including any related agreements, but excluding the portion of the City Property shown in Attachment 4 as "Land to Remain with the City as Park", substantially on the terms and conditions in Attachments 5 and 6 to the report (September 27, 2019) from the Deputy City Manager, Corporate Services, and on such other and amended terms and conditions as may be approved by the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor.

2.  City Council authorize the City of Toronto to enter into a parkland reconveyance agreement substantially on the terms and conditions in Attachment 7 to the report (September 27, 2019) from the Deputy City Manager, Corporate Services, in a form satisfactory to the City Solicitor, notwithstanding that portions of the parkland reconveyed will not comply with the City of Toronto's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act.

3.  City Council grant authority to fund the City of Toronto's expenses related to the transfer of the Proposed Park to the City which are not the responsibility of Build Toronto from Corporate Real Estate Management's Council Approved Operating Budget funded from the Land Acquisition Reserve Fund (XR1012), with appropriate adjustments to Corporate Real Estate Management's Council Approved Operating Budget, as necessary, through subsequent quarterly variance reports.

4.  City Council authorize the Deputy City Manager, Corporate Services, to execute any further transactions required to complete the transactions authorized in the report (September 27, 2019) from the Deputy City Manager, Corporate Services, on behalf of the City of Toronto, including the execution of any required consents, approvals, or permissions.

5.  City Council authorize the City Solicitor to complete the transactions provided for in the report (September 27, 2019) from the Deputy City Manager, Corporate Services, on behalf of the City of Toronto, including making payments of any necessary expenses, amending the closing and other dates, and amending or waiving terms and conditions, as the City Solicitor may from time to time consider reasonable.

CreateTO, through Build Toronto Inc., (CreateTO) has jurisdiction over 15.5 acres of land near the southeast corner of Victoria Park Avenue and Gerrard Street East (the CreateTO Property). The City owns 2530 Gerrard Street East, a triangular piece of land situated adjacent to the CreateTO Property comprising 4.4 acres (the City Property). The CreateTO Property and the City Property are collectively referred to as the Property. Portions of the Property were historically used as a landfill and, as a result, are contaminated.

In 2016, CreateTO obtained approval of an Official Plan Amendment (OPA 288), Rezoning, and Draft Plan of Subdivision for the Property and authorization for the transfer of the City Property to Build Toronto Inc. (Build Toronto) in accordance with OPA 288 and the eventual reconveyance of a portion of the Property back to the City for park purposes (the Proposed Park). Subsequently, it was determined that the development concept for the Property should be revised, including the relocation of the Proposed Park. This revised development concept will require further Official Plan and Zoning By-law Amendments.

A developer has agreed to acquire the property and redevelop the land as a new community with affordable housing and the Proposed Park and is prepared to go through the time, expense, and risk of obtaining these required planning amendments if they can first acquire the land. Given that the development concept has changed since City Council approved the transfer of the City Property to Build Toronto, staff are seeking confirmation from City Council before proceeding with the transfer to Build Toronto. Further, while CreateTO and the developer will remediate the Proposed Park, which is contaminated (as is the City Property), staff are seeking City Council approval to accept the transfer of the Proposed Park, as it will not comply with the City’s Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Building Reports Canada for the provision of Fire and Life Safety tracking and compliance software for an initial term of five years from the effective date of the contract in the total amount of $1,530,000 net of all applicable taxes and charges ($1,556,928 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and the City Solicitor.

2.  City Council request all City of Toronto agencies and corporations to submit information, on annual basis, about the completeness of required Fire and Life Safety inspections, testing, and maintenance to the Executive Director, Corporate Real Estate Management.

The Executive Director, Corporate Real Estate Management, and the Director, Fire and Life Safety Program Office, Corporate Real Estate Management, gave a presentation on Update on Fire and Life Safety at the City of Toronto.

This report provides an update on Fire and Life Safety initiatives at the City of Toronto (the City), including a third-party audit of Fire and Life Safety records to assess compliance and the development of a consistent, City-wide approach to Fire and Life Safety.

In 2019, the City hired third-party vendors to complete an audit of Fire and Life Safety documentation at City facilities and to report back on findings, including corrective actions. The results of the third-party audit confirmed previously-identified issues with records and contract management and also demonstrated that documentation compliance has been improving through 2019. While the safety of the building stock and the occupants have not been compromised, the City has been exposed to an unacceptable risk due to poor recordkeeping by unregulated contractors. As a result of subsequent investigations and quality assurance initiatives, the City has terminated contracts with three vendors and is in the process of suspending these vendors from bidding on City contracts for five years.

These audit findings reinforce the need to establish a centralized, City-wide approach to Fire and Life Safety, which will reduce risk to the City and also align with the centralization of real estate and facilities services through the City-Wide Real Estate Transformation. The City has made substantial progress towards developing this centralized approach, including key initiatives to implement compliance tracking software, the development of standard operating procedures, the creation of a Master Fire Plan and associated training, and the procurement of new Fire and Life Safety services. These initiatives are complete or on track for implementation in late 2019 or early 2020. To advance progress on these initiatives, this report also recommends the award of a non-competitive contract to Building Reports Canada in the amount of $1,530,000 net of all applicable taxes and charges ($1,556,928 net of Harmonized Sales Tax recoveries) for the provision of Fire and Life Safety tracking and compliance software for a term of five years.

To ensure the implementation and sustainment of the City-wide approach to Fire and Life Safety, a Fire and Life Safety Program Office (Program Office) has been established with input from City stakeholders and industry experts. This report outlines the Program Office's key functions and work plan through 2022, in an effort to increase compliance with the Ontario Fire Code across City facilities.

The General Government and Licensing Committee recommends that:  

1.  City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Siemens Canada Limited to furnish all labour, materials, equipment, and supervision for the upgrades of the existing Apogee building automation system at Metro Hall, located at 55 John Street, in the amount of $988,553 net of Harmonized Sales Tax ($1,005,952 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authorization for Corporate Real Estate Management to negotiate and enter into a non-competitive contract with Siemens Canada Limited (Siemens) to furnish all labour, materials, equipment, and supervision for the upgrades of the existing Apogee building automation system at Metro Hall, located at 55 John Street, in the amount of $988,553 net of Harmonized Sales Tax ($1,005,952 net of Harmonized Sales Tax recoveries). A building automation system is a centralized, networked system of electronic hardware and software that controls and monitors a building's facility systems, including but not limited to heating, ventilation and air conditioning, and lighting.

Siemens is the sole authorized manufacturer, supplier, and service provider of the Apogee building automation system. Siemens also does not license intellectual property such as software diagnostics and diagnostic tools used in the maintenance, service, and troubleshooting of the Apogee building automation system to other parties.

City Council approval is required in accordance with the City of Toronto Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority, as per the City of Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Joe Johnson Equipment for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment repair and maintenance on the following terms and conditions:

a.  the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $1,781,842 net of Harmonized Sales Tax ($1,813,202 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years;

b.  the contract will be based on the condition that Joe Johnson Equipment continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment; and

c.  on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with FST Canada Inc., operating as Joe Johnson Equipment, for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment repair and maintenance.

The contract will be for a period of one year commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $1,781,842 net of HST ($1,813,202 net of HST recoveries), inclusive of all option renewal years.

City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Strongco Limited Partnership for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment repair and maintenance on the following terms and conditions:

a.  the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $9,432,631 net of Harmonized Sales Tax ($9,598,645 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years;

b.  the contract will be based on the condition that Strongco Limited Partnership continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment; and

c.  on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Strongco Limited Partnership for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Volvo, Case, and Terex equipment repair and maintenance.

The contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $9,432,631 net of HST ($9,598,645 net of HST recoveries), inclusive of all option renewal years.

City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Toromont Industries Ltd. for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Caterpillar equipment repair and maintenance on the following terms and conditions:

a.  the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $993,663 net of Harmonized Sales Tax ($1,011,151 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years;

b.  the contract will be based on the condition that Toromont Industries Ltd. continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Caterpillar equipment; and

c.  on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Toromont Industries Ltd., operating as Toromont CAT, a division of Toromont Industries (Toromont), for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Caterpillar equipment repair and maintenance.

The contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $993,663 net of HST ($1,011,151 net of HST recoveries), inclusive of all option renewal years.

City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.

The General Government and Licensing Committee recommends that:

1.  City Council adopt The Pathway to Sustainable City of Toronto Fleets Plan in Attachment 1 to the report (September 19, 2019) from the General Manager, Fleet Services, which supersedes all previous City of Toronto Green Fleet Plans, as the framework to achieve the following goal and three objectives:

      a.  Goal: Sustainable, climate resilient, low-carbon City fleets;

      b.  Objective 1: Transition 45 percent of City-owned fleet to low-carbon vehicles by 2030;

      c.  Objective 2: 65 percent greenhouse gas reduction by 2030 (from 1990 levels); and

      d.  Objective 3: 80 percent greenhouse gas reduction by 2050 (from 1990 levels).

2.  City Council direct the General Manager, Fleet Services, to:

a.  coordinate the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, in consultation with Management staff of other City of Toronto fleets;

b.  track the progress made in achieving the established objectives and report regularly as part of TransformTO City-wide progress reports and updates; and

c.  provide a comprehensive report on The Pathway to Sustainable City of Toronto Fleets Plan progress and a Plan update every four years, with the first one to be delivered in the second quarter of 2023.

3.  City Council direct the General Manager, Fleet Services, to include $0.123 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020 Operating Budget of Fleet Services for consideration amongst all other priorities.

4.  City Council direct the General Manager, Fleet Services, to include $9.291 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020-2029 Capital Plan of Fleet Services for consideration amongst all other priorities.

5.  City Council delegate to the General Manager, Fleet Services, authority to negotiate, execute, and amend, as and when necessary, any agreements necessary to give effect to the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, on terms and conditions satisfactory to the General Manager, Fleet Services, and the City Solicitor.

6.  City Council direct the Fire Chief and General Manager, Toronto Fire Services, and the Chief, Toronto Paramedic Services, to direct their staff to actively participate in the implementation of The Pathway to Sustainable City of Toronto Fleets Plan.

7.  City Council request the Exhibition Place Board of Governors, the Toronto Community Housing Board of Directors, the Toronto Parking Authority Board of Directors, the Toronto Police Services Board, the Toronto Public Library Board, the Toronto Transit Commission Board, and the Toronto Zoo Board of Management to adopt and implement The Pathway to Sustainable City of Toronto Fleets Plan.

The Pathway to Sustainable City of Toronto Fleets (henceforth referred to as the Plan) is an overview of a five-year plan for City fleets to address climate mitigation and adaptation with strategies for transitioning City fleets to sustainable, climate resilient, low-carbon operations.

This Plan is a continuation of the work undertaken with the Consolidated Green Fleet Plan (2014-2018) with an expanded scope. Through the 2014-2018 Plan, City Fleets have already surpassed the City's 2020 emissions reduction target of 30 percent.

The General Government and Licensing Committee recommends that:

1.  City Council grant standing authority to the City Solicitor, in consultation with the appropriate Division Head, Deputy City Manager, or the City Manager, to enter into agreements to suspend the running of limitation periods for limited periods (known as tolling agreements) with people or companies from whom the City of Toronto may face a claim or against whom the City has, or may have, a claim, on terms satisfactory to the City Solicitor.

This report is to clarify the City Solicitor's authority to, in appropriate circumstances and in consultation with the appropriate City of Toronto staff, enter into agreements to suspend the running of limitation periods for limited periods (known as tolling agreements).

Consistent with her existing authority, upon termination of any tolling agreement, the City Solicitor will bring or respond to legal proceedings or report to City Council, as necessary and appropriate.

The General Government and Licensing Committee recommends that:

1.  City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows:

Update of Food-Related Provisions

a.  Adopt a new definition for food, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows:

Food - Food or drink for human consumption and includes an ingredient of food or drink for human consumption.

b.  Delete all references to the phrase "food or drink" and replace them with the word "food".

c.  Move the definitions of Food Safety Inspection Notice and Food Safety Inspection Report found in Article X, Food Establishments (Other Than in Hotels), and the definition of Eating or Drinking Establishment found in 545-157D to 545-1, Definitions, to improve the readability of Chapter 545, Licensing.  

d.  Delete requirements of food establishments that are now regulated by the province or which no longer have a municipal purpose, including those relating to the supervision of dining rooms, the number of attendants, waste containers, server clothing restrictions, the posting of food safety inspection notices, the posting of business licences next to food safety inspection notices, notifying Municipal Licensing and Standards of changes to the food safety risk level of the business, food handler certification, the accreditation of food handler training programs, and the posting of procedures to assist choking victims.

e.  Delete definitions that relate to requirements of food establishments that are now regulated by the province, replaced, or which no longer have a municipal purpose, including accredited programs, certified food handlers, eating or drinking establishment (in 545-157E), food handlers, food handler certificates, food or drink, hazardous food, high-risk premises, low-risk premises, medium-risk premises, photo identification card, serving persons, and specified body areas.

f.  Delete requirements of food establishments and other provisions found in Article X, Food Establishments (Other Than in Hotels), that relate specifically to licences held by corporations or partnerships.

g.  Require that the remaining provisions of Article X, Food Establishments (Other Than in Hotels), apply to the owners or operators of businesses captured under that article.

By-law Clean-Up

h.  Adopt the following general definitions, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows:

1.  Owner - Any person who owns a business premises or vehicle, as the context requires, except as the term is otherwise defined within this chapter, in which case that definition shall prevail.

2.  Operator - Any person who alone or with others operates, manages, supervises, runs, or controls a business, premises, or vehicle, as the context requires, and "operate", "operation", and other like words shall be given a corresponding meaning.

3.  Driver - The driver of a vehicle, including an owner who drives his or her own vehicle.

i.  Delete the specific definitions of Owner, Operator, Driver, and Keeper in Articles II, III, V, XX, XXII, XLII, XLIV, XLV, and XLVI.

j.  Delete all references to the word "keeper" in Chapter 545, Licensing, and replace them with the word "operator" and deem the existing holders of a "keeper" licence, for their remaining term, to hold an "operator" licence of the same class.

k.  Delete the definitions of Instructor, To Solicit, and Passenger.

l.  Delete all references to "wagon" in 545-229 and 231 in Article XVIII, Owners and Operators of Laundries, and 545-224, 226, 227, 229, 231, and 277 in Article XVII, Hawkers and Pedlars, and delete 545-224A in Article XVII, Hawkers and Pedlars.

m.  Delete 545-199, 200, and 201 in Article XIII, Sale of Tobacco Products.

n.  Add "e-cigarette" to 545-208(G) to prohibit a school bus driver from using e-cigarettes while driving a school bus.

o.  Delete Part C of the definition of Holistic Services and delete the definitions of Acupuncture and Traditional Chinese Medicine as well as all references to these terms in Chapter 545, Licensing.

p.  Include the same provisions found in Article I, General Provisions, of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-For-Hire, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, except for:

1.  546-1 (Definitions);

2.  546-2 (Licence requirement); and

3.  546-13 (General provisions applicable to vehicle-for-hire and Private Transportation Company drivers).
 

q.  Delete 545-5, General Provisions, except for:

1.  545-3 (Toronto Licensing Tribunal);

2.  545-4A(2)(3)(4) (Pre-payment of Body-Rub Parlour fees);

3.  545-4B(5) (Multi-year licence renewals);

4.  545-4P (Endorsement provisions);

5.  545-5D (Guide dog or service animal provisions);

6.  545-5G and 545-5H (Cigarette clean-up and disposal provisions);

7.  545-5J (Provisions related to selling near the Canadian National Exhibition); and

8.  545-7D (Provisions allowing for imprisonment for violating licence requirement for Body-Rub Parlour/Adult Entertainment Club owners).
 

r.  Adopt a new provision to require all licensees under Chapter 545, Licensing, to notify Municipal Licensing and Standards within 48 hours of any change to their address on record with Municipal Licensing and Standards and delete the following specific requirements that will then be redundant: 545-12A(5), 545-172, 545-208J, 545-339, 545-372, 545-436, and 545-509.

s.  Delete Appendix J, Notice, Ontario Consumer Protection Act.

t.   Delete 545-8, Transitional provisions.

u.  Delete the definition of Drive-Self Cartage Vehicle.

v.  Delete 545-2A(39) pertaining to second-hand goods.

Screening Criteria

2.  City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to establish policies and guidelines with respect to the business licensing requirements in the City of Toronto Municipal Code Chapter 545, Licensing, and to establish thresholds for criminal and background screening and other standards applicable to the issuance and renewal of all business licences under Chapter 545, Licensing, and City Council delete Appendix K, Business Licensing Thresholds, in Chapter 545, Licensing.

Implementation

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Bill to amend the City of Toronto Municipal Code Chapter 545, Licensing, as may be required for the recommendations to take effect, including reorganizing provisions and amending section headings, as appropriate.

4.  City Council direct that the proposed changes to the City of Toronto Municipal Code Chapter 545, Licensing, come into force on the day they are enacted.

This report is part of a larger, multi-phase initiative involving a review of the City of Toronto Municipal Code Chapter 545, Licensing.

This report proposes further amendments aimed at improving Chapter 545, Licensing, by streamlining and simplifying the By-law and reducing regulatory burden for businesses, updating and modernizing the By-law to ensure alignment with other legislation and regulation, and enhancing the readability and consistency of the By-law.

The current phase of review includes a number of proposed amendments including:

1.  Updating the By-law to reflect changes to Ontario's Health Protection and Promotion Act (HPPA). The HPPA and, in particular the new regulation for Food Premises (Ontario Regulation 493/17), now provide the necessary legislative authority for Toronto Public Health (TPH) and the Medical Officer of Health to undertake activities to maintain food safety in establishments serving and preparing food. This report recommends updates that would remove regulatory duplication.

2.  Seeking delegated authority to set screening criteria for licence applicants and to amend them, as necessary, as well as to issue interpretation bulletins. This would allow staff to streamline the current thresholds, simplifying the criteria and making them more adaptable and responsive to changing business and legislative environments.

3.  Various technical amendments to clean up the By-law and reduce duplication and unnecessary regulatory burden.

TPH and Legal Services were consulted in the preparation of this report.

The General Government and Licensing Committee recommends that:

1.  City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows:

Definitions

a.  Adopt the following definitions subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards:

Vapour Product - An electronic cigarette, an e-substance, or any component of an electronic cigarette and includes the package in which the electronic cigarette, e-substance, or any component is sold.

E-cigarette - A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine.

E-substance - A substance that is manufactured or sold to be used in an electronic cigarette.

Licensing Requirements

b.  Create a new business licence category for vapour product retailers and adopt a new licensing requirement for existing owners or operators of any store or shop where vapour products are sold.

c.  Require that any person or entity who applies for the vapour product retailer licence shall provide the following information:

1.  name of applicant;

2.  address for business;

3.  contact information (phone number and e-mail address);

4.  primary contact person name, phone number, e-mail address, and mailing address;

5.  criminal background check; and

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

d.  Require that, in order for a vapour product retailer in the City of Toronto to obtain and continue holding a licence under Chapter 545, Licensing, every applicant for a licence is required to register, where applicable, under the Smoke-Free Ontario Act, 2017.

e.  Require that licence holders must attend the offices of the Municipal Licensing and Standards Division within 48 hours of changing their business address to inform of the change of address and produce their licence for the change to be entered thereon.

f.  Require that existing business licensees that sell vapour products obtain a vapour product retail endorsement on their business licence upon licence renewal as of April 1, 2019.

Fees

2.  City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards, to include the following fees for the vapour product retailer licence, subject to annual adjustments based on the Consumer Price Index:

a.  Vapour Product Retailer Licence Fee: $645.53; and

b.  Vapour Product Retailer Annual Renewal Fee: $315.17.

Implementation

3.  City Council direct that the changes to the City of Toronto Municipal Code Chapter 441, Fees and Charges, and the City of Toronto Municipal Code Chapter 545, Licensing, come into force on April 1, 2020.

4.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to make such technical and stylistic amendments to the Bill amending the City of Toronto Municipal Code Chapter 441, Fees and Charges, and the City of Toronto Municipal Code Chapter 545, Licensing, as required to give effect to City Council's decision.

This report recommends amendments to the City of Toronto Municipal Code Chapter 545, Licensing, to introduce a new licence requirement for vapour product retailers.

Vapour products containing nicotine have only recently been legalized in Canada and are now a regulated product. Since 2018, the provincial government now regulates vapour product use and sales through the Smoke-Free Ontario Act, 2017 (SFOA). Vapour products include electronic cigarettes (e-cigarettes), any part of an e-cigarette (for example, coils), and substances made or sold to be used in an e-cigarette. The SFOA treats vapour products similar to tobacco products in their display, handling, and sale in retail stores. One of the main purposes of the SFOA is to help reduce youth access to tobacco and vapour products and to protect workers and the public from second-hand tobacco and cannabis smoke and second-hand vapour.

Over the past few years, the presence of vapour products has become widespread throughout the City of Toronto; they are sold in most stores where tobacco is sold and there has been a growth of specialty vape stores. Members of the public should be aware of the potential harms of using vapour products (vaping), the addictive potential of vapour products containing nicotine, and the risk of vaping leading to subsequent tobacco cigarette smoking.

There have been growing concerns about youth access to vapour products, heightened with recent examples of respiratory illnesses among vapour product users. As of September 2019, there have been reports of cases of severe pulmonary illness associated with vapour product use in the USA and in Canada. Most of the cases report using vapour products containing unregulated/illegal cannabis products; however, the cause is still under investigation.

There is currently no reliable system in place for Toronto Public Health (TPH) staff to accurately track and inspect all vapour product retailers to ensure their compliance with the SFOA. Introducing a new licensing category for vapour product retailers will assist TPH in their enforcement of the SFOA by enabling adequate City oversight of the number and location of retailers. The proposed new licence category would also provide the City with tools under the City of Toronto Municipal Code Chapter 545, Licensing, to ensure compliance with all laws and, where appropriate, take enforcement actions.

TPH and Legal Services were consulted in the preparation of this report.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Toronto Water to negotiate, enter into and execute on behalf of the City a non-competitive agreement or agreements with Aclara Technologies LLC to provide:

a. support and maintenance services, software licenses, and, where required, training services related to the automated meter reading system

b. the supply of meter transmitter units and other goods to maintain or upgrade the automated meter reading system;

c. the supply and installation of upgraded data collection units for the automated meter reading system;

at an aggregate cost not to exceed $6,105,600 net of HST recoveries, for a period of up to five years, subject to the terms and conditions being acceptable to the General Manager, Toronto Water and in a form acceptable to the City Solicitor.

The purpose of this report is to request authority to negotiate and enter into a non-competitive contract with Aclara Technologies LLC for the supply of proprietary meter reading hardware, system upgrade, and annual maintenance and support for a period of up to five (5) years. The total amount of this procurement is not to exceed $6,105,600.00 net of HST recoveries.

City Council approval is required in accordance with Municipal Code Chapter 195 Purchasing, where the current request exceeds the Chief Purchasing Official's authority of the cumulative five year commitment for each vendor, under Article 7, Section 7.3 (D) of the Purchasing By-Law, or exceeds the threshold of $500,000 net of HST allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Toronto Water, to negotiate, enter into and execute an amending agreement to the Energy Transfer Agreement between the City and Enwave dated January 18, 2002, as amended by the amending agreement dated August 20, 2007 and the second amending agreement dated September 1, 2010 (collectively, the "ETA"), to permit the installation and operation by Enwave of three additional heat exchangers, larger in size and different in type, to the Energy Transfer Loop (the "ETL") at the John Street Pumping Station (the "JSPS") as part of the Deep Lake Water Cooling ("DLWC") system on terms and conditions acceptable to the General Manager, Toronto Water, and in a form acceptable to the City Solicitor, subject to the following conditions:

a. that the three new heat exchangers, and any upgrades or appurtenances necessary to fully and effectively operate and incorporate them into the existing infrastructure or operating DLWC system (the "Works"), shall be at Enwave's sole expense;

b. without limiting Recommendation 1(a), that Enwave shall be solely responsible for the installation, commissioning, operation, maintenance, warranty and repair of the Works, at no cost to the City whatsoever;

c. that the Works shall meet the City's technical and operational requirements as determined by the General Manager, Toronto Water, in his sole discretion;

d. on the City (Toronto Water) obtaining an amendment to its Drinking Water Works Permit (DWWP), and any other necessary approval(s) from the Ministry of the Environment, Conservation and Parks (MECP), to permit the use and operation of the Works, all at Enwave's sole expense;

e. that Enwave assume full responsibility under the ETA for the maintenance cleaning of the 39 heat exchangers, including all costs, to which the ETA applies, or will apply upon this amendment, including those portions of the heat exchangers through which the City's water passes, until such time as the ETA may be further amended to reflect any DLWC expansion approved by City Council, and otherwise provides for and governs the maintenance responsibility to clean, and pay the cost of cleaning the heat exchangers; or it is determined by either Enwave or the City, upon written notice to the other, that the DLWC expansion is no longer viable; and,

f. if the DLWC expansion is determined to be no longer viable, Enwave and the City will negotiate in good faith a mutually acceptable maintenance cost arrangement for the future continued cleaning of all 39 heat exchangers and, if the parties fail to do so within six months from delivery of the written notice specified in Recommendation 1(e), Enwave shall, at its own expense, remove the three additional heat exchangers and the ETA will be further amended to revert maintenance cleaning responsibility and costs back to the City for the original remaining 36 heat exchangers. In this latter event, the General Manager, Toronto Water, is hereby authorized to negotiate, enter into and execute the necessary amending agreement to the ETA on terms and conditions acceptable to the General Manager, Toronto Water, and in a form acceptable to the City Solicitor.

This report requests authority for the General Manager, Toronto Water, to enter into negotiations with Enwave Energy Corporation (Enwave) to amend the Energy Transfer Agreement between the City and Enwave dated January 18, 2002, as previously amended (the "ETA"), and to execute the necessary amending agreement, to permit the installation and operation by Enwave at its expense of three additional heat exchangers to the Energy Transfer Loop (the "ETL") at the John Street Pumping Station (the "JSPS") as part of the Deep Lake Water Cooling ("DLWC") system. Enwave has approached Toronto Water with a proposal to add these additional heat exchangers to the ETL, which are larger in size and different in type, to the 36 heat exchangers (18 pairs) currently in use. In addition to requiring an amendment to the ETA, Enwave's proposal would also necessitate an amendment to the City's Drinking Water Works Permit (DWWP) which amendment would require approval from the Ministry of the Environment, Conservation and Parks (MECP).

Back in 2013, City Council authorized the General Manager, Toronto Water, to enter into without prejudice negotiations with Enwave regarding Enwave's then proposed expansion of the DLWC system, which negotiations are on-going. That large-scale DLWC expansion proposal, which has been modified over the years by Enwave, seeks to significantly increase the size of DLWC, based on a new raw water diversion system originating at Toronto Water’s Island Water Treatment Plant (WTP) and terminating at the JSPS. Should Enwave's expanded DLWC system eventually be realized and, ultimately, approved by City Council, it is contemplated that the three additional heat exchangers would eventually be disconnected from the ETL, rolled into the expansion and utilized as part of the expanded DLWC system infrastructure for raw water. Until such time as that occurs, Enwave is prepared to assume full responsibility under the ETA for the maintenance cleaning of all 39 heat exchangers, including all costs. However, in the intervening period, if it is subsequently determined by either Enwave or Toronto Water that an expansion of the DLWC system is no longer viable, it is proposed that Enwave and the City will negotiate in good faith a mutually acceptable maintenance cost arrangement for the future continued cleaning of all 39 heat exchangers. If the parties cannot do so within six months, Enwave will, at its own expense, remove the three additional heat exchangers and the ETA will be further amended to revert maintenance cleaning responsibility and costs back to the City for the original remaining 36 heat exchangers. This report also seeks authority for the General Manager, Toronto Water, to enter into and to execute that amending agreement, if necessary.

Enwave has represented to Toronto Water staff that the addition of these new heat exchangers would provide it with sustained cooling capacity and overall operational efficiencies without in any way adversely impacting the City's water supply, Toronto Water's operations and plant capacity, flows, or the DLWC system design as contemplated by the ETA. In exchange, because Enwave would assume responsibility for the maintenance cleaning of all 39 heat exchangers, including all costs, the City would receive the benefit of a reduction in Toronto Water's annual operating expenditures. In addition, due to the operation of the additional heat exchangers, it is expected that the City would receive a minor increase in the Energy Transfer Fee (ETF) revenue paid by Enwave to the City under the ETA.

The Infrastructure and Environment Committee submits the item to City Council without recommendation.

The Infrastructure and Environment Committee:

1. Requested the General Manager, Parks, Forestry and Recreation, in consultation with the TRCA, to report directly to the October 29th and 30th meeting of City Council with:

a. Recommendations to advance next steps associated with the implementation of long-term flood mitigation alternatives on the Toronto Islands as soon as possible, including but not limited to initiating the required Conservation Authority Class Environmental Assessment for Remedial Flood and Erosion Control (Class EA), and an outline of the steps and timelines.

b. An update on projects related to Toronto Islands flood mitigation and damage repair, both short and long term, either funded, scheduled or underway.

The Senior Manager, Flood Risk Management, Toronto and Region Conservation Authority gave a presentation on Toronto Islands Flooding and Mitigation.

This report responds to City Council direction to report to the Infrastructure and Environment Committee in fall 2019 on the Toronto Islands Flood Characterization and Risk Assessment Project (the "Project"). This Project will assist the City of Toronto and the Toronto Region Conservation Authority (TRCA) in planning for future flooding through flood characterization, flood risk assessment, and flood mapping for Toronto Island Park. It provides options for long-term flood mitigation and adaptation.

This report also provides an update on repairs and mitigation efforts from the 2017 and 2018 weather events, and a preliminary assessment of the 2019 high lake effect along the waterfront and Toronto Island Park.

The Infrastructure and Environment Committee recommends that:

1. City Council adopt the Automated Vehicles Tactical Plan as contained in Attachment 1 to the report (October 2, 2019) from the General Manager, Transportation Services as the framework for guiding future policy decisions related to automated vehicles in Toronto and request the General Manager, Transportation Services and other relevant Division Heads to report to the appropriate committee where additional authorities are required in order to implement the tactics as necessary.

2. City Council direct the General Manager, Transportation Services, the Chief Planner and Executive Director City Planning, the Chief Technology Officer, Information and Technology, the General Manager, Fleet Services and the General Manager, Economic Development and Culture to implement the proposed three-year Automated Vehicle Readiness Schedule as contained in Attachment 2 to the report (October 2, 2019) from the General Manager, Transportation Services including the Automated Shuttle Trial, Transportation Innovation Zones, Testing Response and Incident Preparedness, Human Learning and Research and Development Program projects, and to report to the appropriate committee where additional authorities are required in order to implement proposed actions in the Readiness Schedule.

3. City Council authorize the General Manager, Transportation Services to implement and operate an automated shuttle trial serving the Rouge Hill GO Transit Station in partnership with the TTC and Metrolinx and to negotiate, enter into, and execute any and all agreements, including with third-party private vendor(s), as may be required to implement and/or give effect to the automated shuttle trial, upon terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor

4. City Council direct the General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning, the Chief Technology Officer, Information and Technology and the General Manager, Fleet Services to seek external opportunities to fund and/or enhance the implementation of the Automated Vehicles Tactical Plan.

5. City Council direct the General Manager, Transportation Services to report back to the Infrastructure and Environment Committee on a proposed framework for, and designation of, innovation zones in the City of Toronto by the fourth quarter of 2020.

6. City Council direct the General Manager, Transportation Services to publish an annual status report on the implementation of the Automated Vehicles Tactical Plan, and to report to the Infrastructure and Environment Committee with a full status report in the second quarter of 2022.

7. City Council forward this report to the Minister of Transportation for Ontario and the federal Minister of Transport, requesting the following:

a. A meeting to discuss how the provincial and federal governments could collaborate with the City of Toronto on the implementation of the Automated Vehicles Tactical Plan;

b. A public education initiative to reduce instances of distracted driving arising from the misuse of partial automation technology;

c. A public education initiative to increase awareness of how other road users, including public transit users, should interact with automated vehicles.

The Automated Vehicles (AV) Tactical Plan proposes an actionable path forward to prepare the City of Toronto for the introduction of highly automated vehicles - or driverless cars - on city streets, in public transit, and in the delivery of municipal services. The AV Tactical Plan builds on existing policies and strategies approved by City Council, recognizing that transportation automation should be a tool to help realize, and not hinder, the City's established vision for the future. To that end, the Plan sets the foundation for a future transportation system that optimizes mobility with improved social equity and health, environmental and economic sustainability, protection of privacy, integrated transportation options centred on public transit, increased efficiency, and progress toward achieving Vision Zero.

The AV Tactical Plan is a layered document that interprets the City's strategic vision for mobility and translates it into a set of seven high-level directions outlining how the City will support and manage the adoption of automated vehicles. A series of goals illustrate how the seven directions will look in the year 2050, together painting a picture of the future transportation system. The actions required to achieve those goals are identified as tactics, with a proposed level of progress to be reached over the next three years. A view to the potential use of automated vehicles in City operations is also included.

This first phase of preparation is intended to ensure that the City of Toronto is "AV Ready" in 2022 by undertaking an automated shuttle trial in the West Rouge neighbourhood, establishing focus areas for transportation innovation, developing AV testing response and incident preparedness protocols, undertaking public education initiatives, and furthering research and development. Details of these proposals are included in the AV Readiness Schedule and Budget 2020-22 for an estimated $6.289M.

The proposed AV Tactical Plan was developed under the leadership of the City's Interdivisional Working Group on Automated Vehicles, which is comprised of 30 divisions and agencies, with substantial support from and consultation with academic institutions, community stakeholders and non-profits, automotive and technology industry members and associations, international experts, and the general public.

The Infrastructure and Environment Committee recommends that:  

1. City Council request the Ministry of Transportation of Ontario, to consult with the City of Toronto before considering increasing the speed limits on the 400 series highways within the City of Toronto, for the reasons cited in the staff report (October 2, 2019) from the General Manager, Transportation Services.

2. City Council reduce the speed limit from 60 km/h to 50 km/h on the following road segments as part of the Speed Management Strategy outlined on page 21 in the (June 13, 2019) Report from the General Manager, Transportation Services and the General Manager, Solid Waste Management Services on Vision Zero 2.0 - Road Safety Plan Update:

            a.  Brimley Road from Sheppard Avenue East to Steeles Avenue East;

            b.  Markham Road from Milner Avenue to Steeles Avenue East; and

            c. McCowan Road from Milner Avenue to Steeles Avenue East.

3.  City Council request the General Manager, Transportation Services to include as part of the 2020 budget process, the resources that would be required to speed up the installation of:

a. controlled intersections;

b. speed humps and bumps; and

c. bump outs and other pedestrian road safety measures.

The purpose of this report is to respond to five requests made by City Council of the General Manager, Transportation Services concerning the following road safety related items:

- Impacts associated with increased speed limits on 400 series highways;

- A proposal to introduce controlled crossings at all Toronto Transit Commission (TTC Stops);

- Mobile alerts of School Safety Zones through wayfinding providers;

- A motorcyclist lane filter pilot program; and

- Referral of speed limit reductions on three Ward 23 arterial roadways back to staff.
 

Impacts associated with increased speed limits on 400 series highways: Based on staff's review of potential impacts, this report recommends that City Council request the Ministry of Transportation to not increase the posted speed limits on the 400 series highways.

Controlled crossings at all TTC Stops: City staff have assessed the impacts of a policy that all TTC transit stops be provided with controlled crossings. Staff advise that such a policy would be impracticable. This report outlines other existing and upcoming measures to mitigate safety concerns with mid-block crossings at TTC transit stops.

School Safety Zone notifications through wayfinding providers: City staff have been advised by Waze that they are working to develop a feature called "high attention zones" which could provide a mobile alert to the driver that they are entering a school, senior or community safety zone or a pedestrian safety corridor. At this time, Waze has not provided a timeline of when such a feature may be added.

A motorcyclist lane filter pilot program: After review of Highway Traffic Act regulations, consultation with the Ministry of Transportation and review of the potential safety implications, staff advise that the City does not have the authority from the Province to introduce of a motorcycle lane filtering pilot in the City, as this issue is within the jurisdiction of the Province.

Speed limit reductions in Ward 23: Through Vision Zero 2.0, Transportation Services recommended speed limit reductions on about 250 kms of Major Arterial roadways. All but three segments in Ward 23 were approved by Council with the request for further consideration and consultation with the Ward Councillor. After additional review, this report recommends that City Council proceed with the reduction in speed limits on these segments.

The Infrastructure and Environment Committee recommends that:  

1. City Council authorize the amendments to the traffic and parking regulations, and bicycle lane designations, as described in Attachment 1 to the report (October 2, 2019) from the General Manager, Transportation Services titled Technical Amendments to Bicycle Lane Regulations.

The purpose of this report is to obtain authority to make technical amendments to the traffic and parking regulations and bicycle lane designations for bicycle lanes that were previously authorized for installation by City Council in May 2016.

The Infrastructure and Environment Committee recommends that:

1. City Council approve the installation of a pedestrian crossover on Moore Avenue at the Beltline Trail.

This report is submitted to Infrastructure and Environment Committee as Moore Avenue forms a shared boundary between the Toronto and East York Community Council and the North York Community Council.

As the Toronto Transit Commission (TTC) operates a transit service on Moore Avenue, City Council approval of this report is required. Transportation Services is requesting Infrastructure and Environment Committee approval to authorize the installation of a pedestrian crossover on Moore Avenue at the Beltline Trail. Based on the study results, the pedestrian crossover warrants are not satisfied at this location as the minimal delay justification was not met. However, this location provides direct access to the Beltline Trail, is heavily used, and has limited sitelines. Providing a pedestrian crossover on Moore Avenue at the Beltline Trail will assist pedestrian crossings and enhance safety for all road users.

The Planning and Housing Committee recommends that:  

1.  City Council advise the Province that the City of Toronto supports the Province's general directions of the Provincial Policy Statement to promote the efficient use of land and management of infrastructure, transit-supportive development that provides for a range of housing options, a strong economy and job creation and protections of the environment.

2.  City Council request the Province to ensure that nothing in the Provincial Policy Statement 2019 precludes or hinders the ability of the three levels of government to deliver on their housing programs.

3.  City Council request the Province to modify the Provincial Policy Statement 2019 and supporting legislation to permit the use of inclusionary zoning throughout the entire city rather than limiting it to protected major transit stations areas.

4.  City Council advise the Province that the City of Toronto does not support the proposed policy 1.3.2.5 that would allow employment land conversions to occur in advance of the Municipal Comprehensive Review.

5.  City Council advise the Province that the City of Toronto does not support the proposed revisions to policies with respect to Built Form (1.1.3.6), Phasing (1.1.3.7) and Transportation Infrastructure (1.6.7.2) where the language in the Provincial Policy Statement has been changed from 'shall" to 'should' and  recommends the existing wording be maintained.

6.  City Council request the Province to more fully consider the implications of the introduction of the principle of Market demand, and Market based need in the Provincial Policy Statement 2019, and the potential for conflict this principle will have on the delivery of the public land use policy framework and process. If the revised policies are maintained, the province should provide guidance, definitions and clarification on the meaning of Market-based need and Market demand, including a methodology for how these terms will be calculated and applied. 

7.  City Council request the Province to confirm if, and when a revised Land Needs Methodology will be released, and to withhold the proposed Provincial Policy Statement policies that direct or modify that process until municipalities have had an opportunity to comment on the revised methodology.

8.  City Council request the Province to modify the policy and its inclusion of potential air rights development to ensure the safety of the rail corridors and adjacent lands are paramount.

9.  City Council request the Province to address inconsistency in definitions amongst provincial planning policy documents (where applicable) or failing this add a policy to the Provincial Policy Statement to indicate which definition has primacy.

10.  City Council request the Province to enable the use of Zoning with Conditions as permitted under section 113 (2) of the City of Toronto Act 2006 by passing a regulation under sections 122.1 to allow the City to better deliver on the Provinces' stated objectives regarding the proposed changes to the Provincial Policy Statement.

11.  City Council direct the City Clerk to forward this report to the Ministry of Municipal Affairs and Housing as the City of Toronto's submission to the Province on the Provincial Policy Statement and the Environmental Registry of Ontario posting.

On July 22, 2019, the Ministry of Municipal Affairs and Housing posted on the Environmental Registry of Ontario (ERO) proposed revisions to the Provincial Policy Statement (PPS 2019). The Provincial commenting period runs for 90 days and closes on October 21, 2019. The following report has been prepared by the City Planning Division in consultation with Legal Services, and other divisional partners potentially impacted by the proposed revisions to the PPS.

This report highlights the proposed changes to the PPS 2019 and provides preliminary comments on their potential impact on municipal land use planning and the development approval process. The revised PPS, 2019 makes edits in support the current governments "More Homes, More Choice: Ontario’s Housing Supply Action Plan”, as well as a further alignment of the policies with the Growth Plan 2019 and the revised Heritage Act.

While no effective date or transition rules for the new policies have been identified, the Planning Act, s.3(5) provides that once approved, all decisions of the council of a municipality, in respect of the exercise of any authority that affects a planning matter, shall be consistent with the PPS.

The Province has identified the following top priorities as driving the proposed PPS 2019 changes:

- Increasing housing supply
- Supporting jobs
- Streamlining development approvals
 

In order to address these priorities, the Province has identified the following key policy directions:

- Encourage the development of an increased mix and supply of housing
- Protect the environment and public safety
- Reduce barriers and costs for development and provide greater predictability
- Support rural, northern and Indigenous communities
- Support the economy and job creation
 

As a component of the consultation on PPS 2019, the Province has asked the following questions:

- Do the proposed policies effectively support goals related to increased housing supply, creating and maintaining jobs, and red tape reduction while continuing to protect the environment, farmland, and public health and safety?
- Do the proposed policies strike the right balance? Why or why not?
- How do these proposed policies take into consideration the views of Ontario's communities?
- Are there any policy changes that are needed to support key priorities for housing, job creation, and streamlining of development approvals?
- Are there other tools that are needed to help implement the proposed policies?
 

Despite the list of priorities and policy directions, the proposed changes to the PPS are not all encompassing, with no significant changes to Natural Heritage, Cultural Heritage, Transportation, Agricultural or Rural policies.

The majority of the changes made are in support of the Province's desire to increase housing supply. There is potential for some of the changes to impact the City's long range forecasting and long range planning work, as well as planning for and providing housing options. Overall the proposed changes should not affect day to day decision making on development applications, rather, the new policy framework may have impacts on long range planning and Official Plan policies.

The Planning and Housing Committee recommends that:

Amendments to the Toronto Municipal Code Chapter 693, Signs Placement Requirements for A-Frame and Portable Signs

1. City Council amend Chapter 693 to require that, when located on public property, A-frame and portable signs must be placed curb-side and in the Furnishing and Planting Zone, as described by the City of Toronto's Streetscape Manual, whenever possible and adhere to any separation distances established by the Executive Director, Municipal Licensing and Standards.

2. City Council amend Chapter 693 to include minimum separation distances, as established by the Executive Director, Municipal Licensing and Standards, for A-frame and portable signs from installations such as bicycle rings, fire hydrants or fire connections, intersection or pedestrian crossovers, postering columns, benches, garbage/recycling bins, and transit stops and shelters as a location requirement.

3. City Council amend Chapter 693 to include that an A-frame or portable sign may be moved or removed:

a. If location requirements are not met;

b. If space is required by the City of Toronto, including for the installation of street furniture, construction, or other municipal purposes; or

c. If space is required by the Toronto Transit Commission, including for operational or public safety reasons.

4. City Council amend Chapter 693 to increase the pedestrian clearway requirement to 2.5 metres for streets identified in Appendix A of the Toronto Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays.

5. City Council amend Chapter 693 to specify that the sign permit identifiers on A-frame and portable signs must be visible and attached to the exterior upper corner of one of the sign faces.

6. City Council amend Chapter 693 to align portable sign regulations with existing A-frame sign regulations by specifying that portable signs also cannot be displayed or erected along the right-of-way areas along Bloor Street East and Bloor Street West between Avenue Road and Sherbourne Street, or along Yonge Street south of Davenport Road.

7. City Council amend Chapter 693 to align portable sign regulations with existing A-frame sign regulations by specifying that:

a. Where the frontage associated with the main, front wall of a building is 6.1 metres or less, a maximum of one portable sign per building may be displayed regardless of the number of businesses in the premises;

b. Where the frontage associated with the main, front wall of a building is more than 6.1 metres, display a maximum of two portable signs per premises regardless of the number of businesses in the premises; and

c. Despite 7a. and 7b., if a building is on a corner property with two or more walls adjacent to a highway, one additional portable sign may be displayed adjacent to the side wall of the building.

Contracted Services Signs

8. City Council amend Chapter 693 to establish a new temporary sign type, called "Contracted Services Signs".

9. City Council amend Chapter 693 to define a Contracted Services Sign as "a sign advertising a contractor who repairs, renovates or landscapes a premise."

10. City Council amend Chapter 693 to direct that, in addition to complying with the general restrictions in the new Article 1 that apply to all signs and the regulations that apply to all temporary signs, Contracted Services Signs must adhere to the following:

a. Only one sign per contractor is allowed.

b. There cannot be more than three signs per property.

c. No permit is required.

d. The sign must be erected entirely on private property.

e. Consent of the owner or occupant of the property is required before the erection of the sign.

f. The sign may only be attached to a stake or fence (not including a fence that is vegetation).

g. The sign can only display content related to a contracted service underway or completed at the property.

h. The sign may have no more than two sign faces and no sign face can be larger than 0.37 square metres in area.

i. The sign cannot exceed a maximum height of 0.61 metres or a maximum width of 0.61 metres.

j. The sign cannot be higher than two metres above grade.

k. The sign may only be displayed once the contracted service has begun and must be removed within 30 days after the work has been complete.

Home Builder Identification Signs

11. City Council amend Chapter 693 to establish a new temporary sign type, called "Home Builder Identification Signs".

12. City Council amend Chapter 693 to define a Home Builder Identification Sign as "a sign identifying the builder or renovator involved in the renovation or construction of a residential building or related structure."

13. City Council amend Chapter 693 to direct that, in addition to complying with the general restrictions in the new Article 1 that apply to all signs and the regulations that apply to all temporary signs, Home Builder Identification Signs must adhere to the following:

a. Only one sign per property is allowed.

b. No permit is required.

c. The sign must be erected entirely on private property.

d. Consent of the owner or occupant of the property is required before the sign is erected.

e. The sign can only display information related to the builder or renovator responsible for undertaking work at a residential building or related structure.

f. The sign may have no more than two sign faces and no sign face can be larger than 1.5 square metres in area.

g. The sign cannot be higher than two metres above grade.

h. The sign may only be displayed once the work has begun and must be removed within 30 days after occupancy has been granted by Toronto Building or passed an interior final inspection.

i. The sign may only be attached to a stake or fence (not including a fence that is vegetation).

Advocacy Signs

14. City Council amend Chapter 693 to establish a new temporary sign type, called "Advocacy Signs".

15. City Council amend Chapter 693 to define an Advocacy Sign as "a sign that advances a point of view and is not for a commercial purpose, not including an election sign."

16. City Council amend Chapter 693 to direct that, in addition to complying with the general restrictions in the new Article 1 that apply to all signs and the regulations that apply to all temporary signs, Advocacy Signs must adhere to the following:

a. Only one sign per premise is allowed.

b. No permit is required.

c. The sign must be erected entirely on private property.

d. Consent of the owner or occupant of the premise is required before the erection of the sign.

e. The sign may have no more than two sign faces and no sign face can be larger than 1.2 square metres in area.

f. The sign cannot be higher than two metres above grade.

g. The sign may only be attached to a stake or fence (not including a fence that is vegetation).

Open House Signs

17. City Council amend Chapter 693 to allow open house signs to be displayed up to 2 hours before the start of the open house and 2 hours after the end of the open house.

18. City Council amend Chapter 693 to state that there may be no more than six open house signs per advertised property.

Mobile Signs

19. City Council amend Chapter 693 to remove the requirement that mobile signs may only have black and white lettering.

20. City Council amend Chapter 693 to remove the requirement that mobile signs be located directly in front of the business that the sign is advertising and instead specify that the sign must be on the property in which the business is located.

Construction Hoarding Signs

21. City Council amend Chapter 693 to move the provisions governing construction hoarding signs from Article III to the Article that includes vehicular destination signs and neighbourhood and business area identification signs; sign types which are administered by the General Manager, Transportation Services.

Alignment with Chapter 742, Cafés, Parklets and Marketing Displays

22. City Council amend Chapter 693 to include the prohibition in Chapter 742 (742-8.5) on an A-frame or portable sign being displayed where a small frontage café or small marketing display has been installed and the building frontage is 6-metres or less.

23. City Council amend Chapter 693 to specify that a business that has a permit for a café or marketing display may locate an A-frame or portable sign only within the limits of the permitted area and must have a permit issued under Chapter 693 for the sign.

Sign Storage

24. City Council amend Chapter 693 to remove the required storage period for all signs, except election signs, and update the removal and disposal provisions accordingly.

Administrative Matters

25. City Council rename Chapter 693 to be "Signs, Election and Temporary".

26. City Council include in the general restrictions section of Chapter 693 that signs regulated by Chapter 693 must not damage underground or aboveground services.

27. City Council amend Chapter 693 to align regulations for temporary signs by requiring that, except in accordance with a sign permit, they be no closer than 0.30 metres from a sidewalk or where there is no sidewalk, 0.30 metres from the travelled portion of the highway, and direct that this provision be included in the location requirements for all temporary signs in the amended Chapter.

28. City Council amend Chapter 693 to:

a. Increase the maximum fine to $100,000;

b. Add a special fine in an amount equal to any economic gain obtained from non-compliance;

c. Include offences for obstruction and failure to provide information as required;

d. Designate each offence as a continuing offence with a maximum daily fine of $10,000 and a total fine which may exceed $100,000; and

e. Include authority to enter to inspect, to make orders to comply and to take remedial action.

29. City Council add the following transition provisions to Chapter 693 to establish that:

a. The provisions of this chapter do not apply to permits granted or agreements entered into before January 6, 2020 until the permits or agreements are renewed, provided that the holders of the permits and parties to the agreements continue to comply with the terms of their permits or agreements and that the permits or agreements are not revoked or terminated and do not expire without renewal; and

b. All prosecutions and other enforcement processes commenced under this chapter which have not been completed on January 6, 2020 shall be completed as if the chapter had not been amended on that date.

Amendments to the Toronto Municipal Code Chapter 694, Signs, General

30. City Council repeal section 694-6A(6) of Chapter 694, Signs, General, removing signs affiliated with the ongoing construction or demolition of a building as this sign type will be regulated as a Home Builder Identification Sign under Chapter 693.

Amendments to the Toronto Municipal Code Chapter 441, Fees

31. City Council amend Chapter 441 to delete fees unique to each sign type (reference numbers 46, 48, 49, 55, 56, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, and 136) so that the removal, retrieval, storage, and disposal fees for temporary signs be used for all forms of temporary signs (reference numbers 137, 138, 139, 140).

32. City Council amend Chapter 441 to update and include an annual adjustment based on the Consumer Price Index fees related to temporary signs, as outlined in Table 1.

Table 1: Recommended updates to fees 137, 138, 139, and 140 in Chapter 441, Fees

33. City Council amend Chapter 441 to delete fee 414 (Annual fee: temporary signs permit - portable) and establish two new fees for the application and renewal of portable sign permits that are identical to that of A-frame sign permits, as outlined in Table 2.

Table 2: Recommended new 2019 portable sign-related fees in Chapter 441, Fees

Implementation

34. City Council authorize the City Solicitor, City Clerk, and Executive Director, Municipal Licensing and Standards, to re-structure, consolidate, and simplify all existing requirements to improve the readability of the Toronto Municipal Code Chapter 693 including adding a section setting out the scope of the by-law, consolidating the general restrictions that apply to all signs and setting out more clearly the location requirements, and specific requirements that apply to all sign types, including attachment requirements, and to update Chapter 27, Council Procedures, Chapter 192, Public Service, Chapter 545, Licensing, Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, and Chapter 743, Streets and Sidewalks, Use of to the reflect the new title of and new section numbers in Chapter 693, as required.

35. City Council direct that the changes to the Toronto Municipal Code Chapter 27, Chapter 441, Chapter 693, and Chapter 694 become effective as of January 6, 2020.

That :

36.  City Council request the Executive Director, Municipal Licensing and Standards to report to the Planning and Housing Committee in the second quarter of 2020 on:

a. A strategy for regulating the use of graphic images, including discretionary powers of by-law enforcement staff, necessary legislative changes from other orders of government, and other recommendations as necessary to protect the public from harm through graphic images in particular of medical procedures: and,

b. Options for improving enforcement of Chapter 693, including opportunities for citizen enforcement and similar approaches used in other Ontario jurisdictions.

37. City Council request the Executive Director, Municipal Licensing and Standards, to report to the Planning and Housing Committee in the fourth quarter of 2020 with a review on the effectiveness of the new restriction for Open house signs.

The Planning and Housing Committee:

1.  Directed the Executive Director, Municipal Licensing and Standards to review the public presentations and communications on this matter and report directly to the next City Council meeting with any further recommendations to ensure greater accessibility and that Toronto pursue "Beautiful Streets" objectives by further reducing and/or eliminating any third-party advertising and Advocacy Signs on private property, public sidewalks, boulevards and right-of-ways.

Temporary signs are regulated by the Toronto Municipal Code Chapter 693. This report proposes amendments to modernize the By-law to improve enforcement, respond to the use of new sign types in Toronto, and increase the By-law's overall readability. Election signs, posters on public property, and signs regulated under the Toronto Municipal Code Chapter 694, Signs, General were not part of this review.

This report recommends improving the pedestrian clearway by updating placement requirements for A-frame and Portable signs. It is proposed that these signs be placed curb-side and in-line with other street furniture, where possible. The existing 2.1 metre pedestrian clearway requirement would be maintained and expanded to 2.5 metres on specified Downtown Toronto streets to align with the newly-enacted Toronto Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays. These changes are intended to improve the line-of-travel for pedestrians while allowing the business community to continue to use A-frame and Portable signs.

This report also proposes allowing and regulating three new types of temporary signs on private property: Contracted Services Signs, Home Builder Identification Signs, and Advocacy Signs. The proposed regulations for Contracted Services Signs and Home Builder Identification Signs limit the size, number, and display period for these sign types and respond to their use in Toronto. The recommendations also clarify the City's expectations for signage on construction sites, supporting the objectives of the City's Residential Infill Strategy to minimize the impacts of residential construction activity on existing neighbourhoods. The proposed regulations for Advocacy Signs balance the ability of Toronto residents to display content related to civic causes with the need to consider the safety and neighbourhood impacts of these signs.

Further amendments are recommended that would modernize the By-law, improve enforcement, and simplify regulations. These include:

- Updating regulations for Mobile Signs (i.e. those designed to allow for the rearrangement of lettering, typically on steel frames) and Open House Signs;

- Updating the removal and disposal provisions, except for election signs, including deleting the mandatory 30-day storage period and allowing for the timely disposal of unlawful temporary signs; and

- Updating and clarifying fees, and aligning enforcement, fine, and offence provisions with the authority provided under the City of Toronto Act, 2006.
 

This report also responds to two City Council directives requesting a report on enforcement and regulatory options available for signs containing graphic images.

Legal Services, Toronto Building, Toronto Transit Commission, and Transportation Services were consulted in the preparation of this report.

The Planning and Housing Committee recommends that:

1.  City Council direct the Chief Planner and Executive Director, City Planning include in its upcoming report to the Planning and Housing Committee on the Missing Middle, a plan for a public design competition in order to solicit ideas that could help shape policies for more permissive zoning in areas designated as neighbourhoods in Toronto’s Official Plan.
 

2. City Council request the Board of CreateTO work with the CEO of CreateTO in order to employ open and international design competitions for major and transformational projects in which it is the lead developer.
 

3.  City Council direct the Chief Planner and Executive Director, City Planning, as part of existing and ongoing consultations in recently developed higher density neighbourhoods, include questions that solicit feedback on the cumulative impact of design guidelines and policies on the daily lives of residents.
 

4.  City Council invite the Chair of the Design Review Panel to provide an annual letter to Planning and Housing Committee to summarize any relevant observations, suggestions and themes in the applications the panel has reviewed.
 

5.  City Council direct the Chief Planner and Executive Director, City Planning to work with the Chair of the Design Review Panel to review the mandate of the panel and make recommendations for revision, and report to the Planning and Housing Committee in the second quarter of 2021.

Toronto is a global centre for architectural, planning and design talent. However, the city hasn’t always tapped into these vast resources as effectively as we could. With these initiatives and several others I am interested in pursing, I hope to unlock and activate architects, landscape architects, planners and students in these disciplines to help build a more beautiful and engaging city.

This summer, my office along with Deputy Mayor Bailão and Councillor Bradford hosted a meeting of international talent from the development, architecture and planning communities to help generate ideas to shape a city we can be proud of. We learned from this meeting that we must consider design in our policy development and procurement and, employ open and transparent competitions whenever possible.

The international design competition for the Etobicoke Civic Centre and the Design Review Panel were pointed to as an examples of where the city got it right. With these recommendations in this letter I hope we can expand on our successes and build a culture within the City that embraces the best this city and the world have to offer.

The Design Review Panel represents some of Toronto’s leading designers, architects and landscape architects who volunteer their time to help guide significant developments in our city. We must review the Panel’s mandate and give the experts on the panel a chance to regularly report publically so that we can learn from their expert opinions.

Finally, we know that we must look for ways to add density to low-rise residential areas in a way that will enhance neighbourhoods and be embraced by neighbours. To do this effectively we have to ensure new zoning regulations and guidelines are aesthetically exciting as well as functional. I am calling for an open ideas competition to gather the ideas from the public and particularly students, young designers and experts to help us shape the new, more permissive policies Council will consider.

Etobicoke York Community Council recommends that:

1. City Council adopt Official Plan Amendment 469, Sherway Area Secondary Plan, included as Attachment 1 to the supplementary report (October 9, 2019) from the Director, Community Planning, Etobicoke York District.

2.  City Council adopt the Draft Sherway Area Urban Design and Streetscape Guidelines, included as Attachment 3 to the report (September 23, 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 Amendment as may be required.

4.  City Council direct staff to use the Sherway Area Secondary Plan and Sherway Area Urban Design and Streetscape Guidelines in the evaluation of all current and new development proposals within its boundaries.

5.  City Council endorse the Draft Boundaries for the Major Transit Station Area around the future transit station in the Sherway Area, included as Attachment 5 to the report (September 23, 2019) from the Director, Community Planning, Etobicoke York District, to be considered in the context of the review of major transit stations through a City-wide Growth Plan conformity exercise.

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

Etobicoke York Community Council held a statutory public meeting on October 10, 2019, and notice was given in accordance with the Planning Act.

This report recommends that City Council adopt the Sherway Area Secondary Plan (the “Secondary Plan”).  The Secondary Plan is a comprehensive planning framework for the lands bounded by Highway 427, the Queen Elizabeth Way, Etobicoke Creek and the Canadian Pacific rail corridor, which directs anticipated growth to appropriate locations, secures public realm amenities and identifies community facilities necessary to meet the existing and future needs of residents and workers.  The Secondary Plan facilitates the transformation of the Sherway Area from an auto-oriented, primarily retail destination to a vibrant, complete mixed-use community, through the introduction of mixed-use development as well as new public streets, parks and open spaces to accompany development. 

The Secondary Plan provides an overarching framework for land use, development capacity, a new street network and a parks and open space system, within which more detailed precinct planning can be undertaken. Given the overall size of the Secondary Plan area (approximately 136 hectares), this approach is appropriate to respond to specific conditions and desired character of multiple precincts, including the need to acknowledge existing uses and required phasing of development. The Secondary Plan provides flexibility regarding the location and timing of dedication of public streets, the number and locations of new parks, and built form. The provision of clear and specific policy direction at the macro level, coupled with flexibility in implementation at the precinct level, will allow development to proceed in a predictable and consistent manner while ensuring precinct-specific conditions can be addressed.

The Secondary Plan is the outcome of the Sherway Area Study, a four-phased process to address City Council’s direction to review and update the planning framework for the area.  The Sherway Area Study included a thorough public consultation process and the input of staff from various City Divisions and commenting agencies. Following the Sherway Area Study, City Council directed staff to replace the current Sherway Area Site and Area Specific Policies with a Secondary Plan for the area based on its key findings. A draft of the Secondary Plan was released in the Spring of 2019 for public consultation, as well as divisional and agency review. 

The Secondary Plan is accompanied by Urban Design and Streetscape Guidelines for the Sherway Area, which provides more detailed standards to assist in the review of development applications and public realm improvements, and the implementation of the Secondary Plan.

The Secondary Plan has regard to matters of provincial interest under Section 2 of the Planning Act, is consistent with the Provincial Policy Statement (2014), and conforms to A Place to Grow:  Growth Plan for the Greater Golden Horseshoe (2019). The Secondary Plan also maintains the intent and purpose of, and conforms to the City’s Official Plan.

This report recommends that City Council adopt certain minor amendments to the Sherway Area Secondary Plan (the “Secondary Plan”), as reported to Etobicoke York Community Council  in the Final Report from the Director, Community Planning, Etobicoke York District dated September 23, 2019.  The proposed amendments are intended to clarify the intent of the policies and address technical revisions.

The Secondary Plan, as amended, has regard to matters of provincial interest under Section 2 of the Planning Act, is consistent with the Provincial Policy Statement (2014), and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The Secondary Plan also maintains the intent and purpose of, and conforms to, the City’s Official Plan.

Etobicoke York Community Council recommends that:

1.  City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 68 Daisy Avenue as generally illustrated on Attachments 6 to 8 of the report (September 20, 2019) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2.  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.

3.  Prior to the introduction of the Part Lot Control Exemption By-law, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning or his designate.

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

5.  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.

6.  City Council authorize the City Solicitor to release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in her sole discretion after consulting with the Chief Planner and Executive Director, City Planning.

7.  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, as generally illustrated on Attachments 3 to 5 of the report (September 20, 2019) from the Director, Community Planning, Etobicoke York District, subject to:

a. The conditions, as generally listed in Attachment 9 to the report (September 20, 2019) from the Director, Community Planning, Etobicoke York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Condominium for registration.

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.

c. Draft Plan approval not being issued until the necessary Bill(s) for the Part Lot Control Exemption By-law are in full force and effect.

Etobicoke York Community Council held a statutory public meeting on October 10, 2019, and notice was given in accordance with the Planning Act.

Two applications have been submitted to facilitate the proposed residential development of freehold townhouses on the lands located at 68 Daisy Avenue. The first application (18 265575 WET 03 PL) requests exemption from the Part Lot Control provisions of the Planning Act to permit the division of land to allow for the development of 73, 4-storey freehold townhouses within 5 residential blocks.

This second application proposes to establish a Common Elements Condominium, to provide pedestrian and vehicular access to the 73 townhouse units and to ensure shared ownership and maintenance of the common elements by the condominium corporation.  

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2019). The lifting of Part Lot Control and the creation of the Common Elements Condominium is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption application. In addition, this report recommends that the owner of the subject lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the subject lands without prior consent of the Chief Planner and Executive Director, City Planning or his designate.

The approval of the Draft Plan of Common Elements Condominium application is delegated to the Chief Planner and Executive Director, City Planning.

Etobicoke York Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Local Planning Appeal Tribunal (LPAT) hearing on 2 St. Lawrence Avenue in support of the proposed Official Plan Amendment as outlined in this report.

2. In the event the Local Planning Appeal Tribunal (LPAT) allows the appeal in whole or in part, City Council direct the City Solicitor to request that LPAT withhold its Order(s) approving the Official Plan Amendment until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner has provided a draft Official Plan Amendment to LPAT in a form and content to the satisfaction of the Director, Community Planning, Etobicoke York District, and pending:

a. The draft Official Plan Amendment ensuring the provision of non-residential uses at an appropriate location fronting onto public streets.

b. Confirmation from the City Solicitor that the owner has submitted a revised Traffic Study for review and acceptance by the General Manager of Transportation Services and Transportation Planning staff. This revised report would determine whether the existing road network can support the proposed increase in development permissions and whether improvements to the existing municipal road network are required.

c. Confirmation from the City Solicitor that the owner has submitted a revised Functional Servicing and Stormwater Management Report for review and acceptance by the Chief Engineer and Executive Director of Engineering and Construction Services. This revised report would determine whether the municipal water, sanitary and storm sewer system can support the proposed increase in development permissions as well as determine whether upgrades and improvements to the existing municipal infrastructure are required.

3. City Council authorize the City Solicitor and other City staff to take such actions as are required to implement the above recommendations.

This application proposes to amend Site and Area Specific Policy 6 (SASP 6) of the Official Plan to permit high density residential uses (a total of 558 residential units) at 2 St. Lawrence Avenue (also known as Parcel 4 in SASP 6). Parcel 4 is currently designated for commercial uses only. SASP 6 also contains a maximum number of residential units and gross density limits for the lands bounded by The Queensway, St. Lawrence Avenue, the Gardiner Expressway and Zorra Street, which this application is seeking to increase.

The owner of the site at 2 St. Lawrence Avenue has appealed this Official Plan Amendment application to the Local Planning Appeal Tribunal (the "LPAT") on the basis of City Council's failure to make a decision on the application within the statutory timeframe of the Planning Act.

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Local Planning Appeal Tribunal in support of the proposal as outlined in this report. The first Pre-Hearing Conference was held on August 27, 2018 and a second Pre-Hearing Conference was held on March 14, 2019. A third Pre-Hearing Conference is scheduled for November 28, 2019.

The proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal would implement the Official Plan by providing for growth and a mix of uses in a Mixed Use Areas designation consistent with the Provincial Policy Statement and in conformity with the Growth Plan. The proposal would allow for a development that would integrate well with the planned and existing built form context of the neighbourhood and would contribute towards implementing the vision for new public streets as well as a new public park.

Etobicoke York Community Council recommends that:

1.  City Council continue to rescind the existing southbound through traffic prohibition in effect at all times at the intersection of Finch Avenue West and York Gate Boulevard/Elana Drive, from November 1, 2019 to June 30, 2020.

2.  City Council continue to prohibit the westbound left-turn movement at the intersection of Finch Avenue West and York Gate Boulevard/Elana Drive, from November 1, 2019 to June 30, 2020.

3.  City Council request the Director, Transportation Planning and Capital Program to report to the June 2020 Etobicoke York Community Council meeting on the impacts of the temporary removal of the southbound through traffic prohibition and the temporary removal of the westbound left-turn movement at the intersection of Finch Avenue West and York Gate Boulevard/Elana Drive.

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

The purpose of this report is to seek Council approval for a time extension of temporary traffic regulations currently in effect at the intersection of Finch Avenue West at York Gate Boulevard/Elana Drive. These temporary traffic regulations include restriction of the westbound left-turn movement and provision of the southbound through traffic movement.

The extension is being requested from November 1, 2019 to June 30, 2020. Traffic impacts of these temporary traffic modifications will continue to be monitored.

Etobicoke York Community Council recommends that:

1. City Council rescind the existing parking prohibition in effect at all times on the north side of Marine Parade Drive, between Lake Shore Boulevard West (west intersection) and a point 87 metres east of The Marginal Boulevard.

2. City Council prohibit stopping at all times on the north side Marine Parade Drive, between Lake Shore Boulevard West (west intersection) and a point 87 metres east of The Marginal Boulevard.

The purpose of this report is to prohibit stopping at all times on the north side of Marine Parade Drive, between Shore Breeze Drive and the TTC bus stop east of The Marginal Boulevard. The proposed prohibition was requested by the Humber Bay Shores Condominium Association (HBSCA), in consultation with staff and the Ward Councillor, to address concerns regarding manoeuvrability within the westbound lane.

As the Toronto Transit Commission (TTC) operates bus service on Maine Parade Drive, City Council approval of this report is required.

North York Community Council recommends that:

1. City Council amend the Official Plan Site and Area Specific policies 474 and 476, for the lands at 2270-2280, 2296 Eglinton Avenue West, 6 Sanderstead Avenue and 9 Croham Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (October 9, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2270-2280, 2296 Eglinton Avenue West, 6 Sanderstead Avenue and 9 Croham Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (October 9, 2019) from the Director, Community Planning, North York District.

3. City Council amend former City of York Zoning By-law 1-83 for the lands at 2270-2280, 2296 Eglinton Avenue West, 6 Sanderstead Avenue and 9 Croham Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (October 9, 2019) from the Director, Community Planning, North York District.

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

5. Before introducing the necessary Bills to City Council for enactment, City Council direct that the Owner of the lands at 2270-2280, 2296 Eglinton Avenue West, 6 Sanderstead Avenue and 9 Croham Road shall provide pursuant to Section 37 of the Planning Act, at no expense to the City, and secure such in the implementing Zoning By-law Amendments and enter into and register on title to the above noted lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor the following:

a. prior to the issuance of the first above grade building permit the Owner shall:

i. pay to the City the sum of $200,000.00 to be used towards area parks improvements and/or streetscape improvements; and

ii. streetscaping and public realm improvements nearby the site with a minimum value of $270,000.00; and such improvements will ensure that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the financial contribution referred to in Recommendation 5.a.i above shall be indexed upwardly in accordance with the Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made;         

c. in the event the cash contribution referred to in Recommendation 5.a.i above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the community; and

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

i. prior to the issuance of any building permit for the site, excluding shoring and excavation, the Owner shall have obtained title to the lands shown on Attachment 16 to the report (October 9, 2019) from the Director, Community Planning, North York District, as "Lands to be purchased from the City", such lands to be purchased from the City at fair market value;

ii. the Owner shall be required to register on title a stratified surface easement on the east-west driveway at the rear of the property to secure unrestricted public access in favour of the City of Toronto and to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Chief Engineer and Executive Director of Engineering and Construction Services;

iii. the Owner shall provide the City with indemnification for the stratified surface easement to secure unrestricted public access over the private east-west laneway to the satisfaction of the City Solicitor;

iv. the public plaza at the front of the property shall be maintained by the Owner, at its sole expense, including, but not limited to indemnification provisions for the City, in a manner satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

v. the Owner shall be required to secure the design and construction, and provide financial securities for, at no cost to the City, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report and Hydrological Review, and related engineering reports ("Engineering Reports"), to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports; and

vi. the Owner will be required to review and implement, though the site plan approval process, final pavement markings and signage along Croham Road and Sanderstead Avenue, including any safety, access to the private lane, and transportation requirements related to these matters all to the satisfaction of the General Manager, Transportation Services and which shall be at no cost to the City. 

North York Community Council held a statutory public meeting on October 10, 2019 and notice was given in accordance with the Planning Act.

These applications propose an 8-storey mixed-use residential and commercial development at 2270-2280, 2296 Eglinton Avenue West, 6 Sanderstead Avenue and 9 Croham Road consisting of 141 residential units in 10,001 square metres of residential use and 822 square metres of commercial use at grade for a total of 10,823 square metres of gross floor area. The proposed density (Floor Space Index - FSI) is 4.08 times the area of the lot and the proposed height is 29 metres including the mechanical equipment. Two levels of below grade parking would accommodate 86 vehicular spaces along with 149 bicycle parking spaces.

The subject property presently consists of an irregular front lot line along Eglinton Avenue West. A 40.8 square metres portion of the lands will be required to be conveyed to the City of Toronto for road widening proposes. The design of the proposed building will also require the applicant to purchase a 33.4 square metre portion of the Eglinton Avenue West road allowance from the City of Toronto. A stub portion of roadway that exists in front of the proposed development that presently permits a westbound right turn from Eglinton Avenue West onto northbound Croham Road is also proposed to be closed but will remain in City of Toronto ownership. The former roadway and boulevard is proposed to be improved and utilized as a public plaza with pedestrian amenities. This public plaza would be located just east of the public access to the Caledonia LRT/GO Transit Station at 2400 Eglinton Avenue West which is currently under construction. 

To the north of the subject property a rear two-way publicly accessible private laneway would provide access to 2 at-grade visitor parking spaces, as well as to enclosed ground floor bicycle parking and a shared commercial and residential loading area. The lane would also provide access to the below grade parking levels. The proposed laneway would occupy the 2 lots known as 9 Croham Road and 6 Sanderstead Avenue, and the two existing residential dwellings would be demolished.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws. The proposal represents an appropriate built form for a mixed use building and provides for an appropriate transition from Mixed Use Areas to Neighbourhoods. The proposal implements the setback and streetscape requirements of the Eglinton Crosstown Plan.

North York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of one-hundred and twenty-one (121) existing rental dwelling units located at 110-120 Broadway Avenue, subject to the following conditions:

a. the owner shall provide and maintain one-hundred and twenty-one (121) replacement rental dwelling units at 100 Broadway Avenue and 223-233 Redpath Avenue for a period of at least twenty (20) years, beginning from the date that each replacement rental unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, twenty (20) year period. The one-hundred and twenty-one (121) replacement rental units shall be comprised of at least twenty-four (24) bachelor units, seventy-five (75) two-bedroom units and twenty-two (22) three-bedroom units as shown on the Floor Plans by IBI Group Architects dated July 26, 2019 submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the one-hundred and twenty-one (121) replacement rental dwelling units required above, provide at least nine (9) bachelor, forty-four (44) two-bedroom, and fifteen (15) three-bedroom replacement rental dwelling units at affordable rents, as defined in the City's Official Plan, and fifteen (15) bachelor, twenty-nine (29) two-bedroom and nine (9) three-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, all for a period of at least ten (10) years, beginning from the date of first occupancy of each unit;

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

d. the owner shall provide all one-hundred and twenty-one (121) replacement rental dwelling units with a balcony or terrace and ensuite laundry;

e. the owner shall provide tenants of the one-hundred and twenty-one (121) replacement rental dwelling units with access to all bicycle parking, all vehicle parking, visitor parking and storage lockers on the same terms and conditions as any other resident of the building;

f. the owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing one-hundred and twenty-one (121) rental dwelling units proposed to be demolished at 110-120 Broadway Avenue, including the right to return to a replacement rental dwelling unit at 100 Broadway Avenue and 223-233 Redpath Avenue, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. the owner shall enter into and register on title at 110-120 Broadway Avenue and 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in a. through f. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the one-hundred and twenty-one (121) existing rental dwelling units at 110-120 Broadway Avenue after all of the following have occurred:

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

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

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

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

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

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

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

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

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

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

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

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

6. City Council authorize the appropriate City officials to take such actions as are necessary, including execution of the Section 37 and 111 Agreements and other related agreements, to secure the following timing provisions related to the construction and occupancy of the replacement rental units; and that the owner shall obtain an above-grade building permit for the new residential building at 100 Broadway Avenue and 223-233 Redpath Avenue prior to issuance of the above-grade building permits for the new residential building at 110-120 Broadway Avenue.

North York Community Council held a statutory public meeting on October 10, 2019 and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act.

This Rental Housing Demolition application at 110-120 Broadway Avenue seeks approval to demolish three existing residential rental apartment buildings.  Together, the three existing buildings contain a total of 121 rental dwelling units.  All 121 units would be replaced within a purpose-built rental building at 100 Broadway Avenue. The replacement rental units will have similar unit sizes and rents. The unit mix for the replacement rental units would be an improvement on the existing rental units at 110-120 Broadway Avenue with all of the one-bedroom units being replaced as two-bedroom units and all but two of the two-bedroom units replaced with three-bedroom units. A Tenant Relocation and Assistance Plan will appropriately address the impacts on tenants.

The rental building at 100 Broadway Avenue will contain 413 rental units. In addition to the 121 replacement rental units to replace the existing rental units at 110-120 Broadway Avenue, the rental building will also be the recipient site for 203 other replacement rental units associated with three nearby rental housing demolition applications at 100 Broadway Avenue and 223-233 Redpath Avenue, 117-127 Broadway Avenue, and 174-180 Broadway Avenue for a total of 324 replacement rental units. The remaining 89 rental units would be comprised of 50 new affordable rental units secured as part of the Section 37 contribution for the 110-120 Broadway Avenue development application and 39 market-rate rental units with unrestricted rents.     

The lands at 110-120 Broadway Avenue are also subject to an application under the Planning Act for an amendment to the Zoning By-law, Application No. 17 218847 NNY 25 OZ, which was the subject of a settlement hearing at the Local Planning Appeal Tribunal (LPAT) (Case No. PL180033) on July 29, 2019.  The LPAT issued a decision on August 9, 2019, approving the Zoning By-law Amendment in principle, with the final Tribunal Order being withheld until all outstanding matters, including the necessary agreements with the City, are secured. 

City Council endorsed the settlement for the Zoning By-law Amendment application subject to conditions, including a rental replacement requirement.  City Council also withheld its decision on the related Rental Housing Demolition application until a Decision was issued by the LPAT on the related Zoning By-law Amendment application.

This report also recommends approval of the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions. This report also recommends entering into Section 37 and Section 111 agreements for the site.

North York 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 subdivision as generally illustrated on Attachment 7 to the report (September 23, 2019) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed in Attachment 6 to the report (September 23, 2019) from the Director, Community Planning, North York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the plan of subdivision for registration; and

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

2. City Council amend Zoning By-laws 569-2013 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (September 23, 2019) from the Director, Community Planning, North York District.

3. City Council determine that in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, public notice to amend the Zoning By-law has been given and that no further notice is required.

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

North York Community Council held a statutory public meeting on October 10, 2019 and notice was given in accordance with the Planning Act.

This application proposes to subdivide the subject lands into three blocks to permit an 84–unit townhouse development at 104-110 Bartley Drive.  The proposal includes a new public street and a 999 square metre public park which would be adjacent to and expand upon an existing public park (Bartley Park). The proposed public street would link Bartley Drive from the south, with a yet to be constructed public street that was approved in January 2017 running west from Tisdale Avenue within the abutting development proposal.

This report advises that the Chief Planner intends to approve the draft plan of subdivision and provides information on proposed changes to the related draft Zoning By-law approved by City Council on July 23, 2018, in which the bills were withheld pending draft plan of subdivision approval.

The proposal to subdivide the lands facilitates the previously approved townhouse development and draft Zoning By-law amendment and complies with the Official Plan.  The proposed development is consistent with the Provincial Policy Statement (2014), in conformity with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019), and has regard for the criteria set out in Section 51(24) of the Planning Act with regards to the subdivision of lands.

North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application in its current form for the lands at 2706 Bayview Avenue.

2. City Council direct the City Solicitor and appropriate City staff to continue discussions with the applicant and seek revisions to the application in an attempt to resolve the outstanding issues outlined in the report (September 24, 2019) from the Director, Community Planning, North York District.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

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

b. the owner has submitted a revised Functional Servicing Report and a revised Stormwater Management Report, all to the satisfaction of the Chief Engineer and the Executive Director, Engineering and Construction Services.

4. City Council request City Planning and appropriate staff, in consultation with the Ward Councillor, to consider the development of a revised plan consisting of five townhouse units fronting Bayview Avenue, utilization of the existing access to the site and retention of the existing common rear yard, in an attempt to resolve the outstanding issues in the current form of the Zoning By-law Amendment application.

This application proposes to amend the Zoning By-laws for the lands at 2706 Bayview Avenue to permit the relocation of the existing detached dwelling on the lot and to permit the construction of three 3 storey (11.4m high) townhouse units fronting Bayview Avenue. The proposed development would be accessed via a shared private driveway from Bayview Avenue providing access to rear integral garages of the townhouse units and an at grade integral garage for the relocated detached dwelling.

The applicant has appealed their application for Zoning By-law Amendment to the Local Planning Appeal Tribunal (LPAT) due to Council's failure to make a decision on the application within the time prescribed by the Planning Act (LPAT Case No.PL 171398). A prehearing conference was held on June 12, 2018. A second prehearing conference was held on May 15, 2019. A third prehearing conference is scheduled for October 15, 2019. A full hearing is not yet scheduled.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the LPAT hearing to oppose the application in its current form, as staff have concerns with the development application with respect to the site organization and the location and configuration of the proposed driveway access. The proposal in its current form does not conform with the Official Plan policies with regards to Neighbourhoods infill criteria and does not appropriately address the Bayview Townhouse Design Guidelines. This report also recommends that the City Solicitor and appropriate staff be directed to continue discussions with the applicant in an effort to address the outstanding issues outlined in this report.

North York Community Council recommends that:

1. City Council prohibit westbound U-turn movements at all times on Sheppard Avenue East at Don Mills Road.

As the Toronto Transit Commission (TTC) operates bus service on Sheppard Avenue East, City Council approval of this report is required.

Transportation Services is requesting that City Council prohibit westbound U-turn movements at all times on Sheppard Avenue East at Don Mills Road.

The proposed turn prohibition will address congestion concerns between Don Mills Road and the Don Valley Parkway.

North York Community Council recommends that:

1. City Council approve the application to demolish the existing commercial building at 2296 Eglinton Avenue West, pursuant to By-law 3102-95 of the former City of York, subject to the owner entering into a beautification agreement with the City containing a beautification plan to the satisfaction of the City Solicitor and the agreement be registered on title to the lands.

2. City Council authorize the City Planning Division Staff to prepare the agreement in consultation with the Ward Councillor and the owner.

3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

This property is located in the former City of York and in accordance with By-law No 3102-95 of the former City of York, this demolition permit application is submitted to the North York Community Council for consideration and decision to grant or grant with conditions, approval of the demolition permit application, including the requirement for the owner to enter into a beautification agreement prior to the issuance of the demolition permits.

North York Community Council may impose conditions if any, to be attached to the demolition permit.

North York Community Council recommends that:

1. City Council grant an exemption to its Street Naming Policy and approve the renaming of "Woodsy Park Lane" to "Ethennonnhawahstihnen' Lane".

At its meeting of July 16, 2019, City Council adopted Item MM9.34 directing the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation the Manager, Indigenous Affairs Office, to investigate the feasibility of renaming Woodsy Park Lane to Ethennonnhawahstihnen' Lane and report back to the North York Community Council with a recommendation based on the criteria and process outlined in the Street Naming Policy.

The proposed name "Ethennonnhawahstihnen' Lane" complies with the Policy, however, renaming of streets is addressed in section 3.4 of the Street Naming Policy which states:

"3.4 Streets that have been named, renamed, or assigned a ceremonial name within the previous ten years will not be renamed."

Because the original naming of this street occurred in 2014, a renaming at this time is not in compliance with the Street Naming Policy. Therefore, this report recommends that the renaming be rejected.

Community Councils have delegated authority to decide street naming matters which comply with the Street Naming Policy. As this renaming is not in compliance with the Street Naming Policy, North York Community Council does not have delegated authority to approve a renaming within the previous 10 years. Any renaming of this street at this time would require the consideration and approval of City Council.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 2010 Bathurst Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York District.  

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2010-2016 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York District.

3. City Council amend Zoning By-law 1-83, for the lands at 2010-2016 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York District.

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

5. City Council direct a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, be secured as part of the Site Plan Approval.

This report reviews and recommends approval of the applications to amend the Official Plan, City of Toronto Zoning By-law 569-2013 and former City of York Zoning By-law 1-83 for 2010-2016 Bathurst Street, to permit an 8-storey, 29.65 metre (35.75 metres including mechanical penthouse), residential apartment building with 26 dwelling units and a total gross floor area of 4,632 square metres. The overall density is 5.0 times the area of the lot. A total of 40 vehicular parking spaces are proposed within 3 levels of underground parking.  Entry to the underground garage is proposed at the southwest corner of the building from the adjacent substandard public laneway which is required to be widened by 1.06 metres.

The proposed development is consistent with the Provincial Policy Statement (2014) as it provides a density and a mix of land uses which efficiently use land and resources. It is also transit-supportive being in close proximity to the future Eglinton LRT station at Bathurst Street and Eglinton Avenue West.

The proposal conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) as it provides for an appropriate type and scale of development that provides an acceptable transition of built form to adjacent areas.

The proposed building is to be located and massed to provide a transition to neighbouring properties through appropriate setbacks and stepping down of height toward the Neighbourhoods and to adequately limit shadow impacts on those adjacent lower scale residential areas.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 26-40 Birch Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (September 24, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 26-40 Birch Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 24, 2019) from the Director, Community Planning, Toronto and East York District.

3.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 26-40 Birch Avenue in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a financial contribution in the amount of $250,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

i. towards capital improvements for new or existing cultural and/or community space within the vicinity of the application site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or

ii. towards local area park or streetscape improvements within the vicinity of the application site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor; and

b. 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 develop a Construction Mitigation Plan prior to the issuance of the first below grade building permit for the proposed development of the site to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

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

This application proposes to amend the Zoning By-law to permit a 4-storey - 13.4 metres plus 2.7-metre rooftop staircase enclosure - stacked, back-to-back townhouse building with 27 dwelling units and 56 parking spaces within a 1-level below ground garage at 26-40 Birch Avenue.

The proposed development is consistent with the Provincial Policy Statement - 2014, conforms with the Growth Plan for the Greater Golden Horseshoe - 2019, conforms with all relevant policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Townhouse and Low-Rise Apartment Building Guidelines. The proposed development conforms with the development criteria for Neighbourhoods policies and fits within the existing and planned context of the neighbourhood.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Toronto and East York Community Council recommends that:

1. In accordance with the delegated approval under By-law No. 229-2000, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Common Elements Condominium for the lands at 3258-3260 Dundas Street West, as generally illustrated on Attachments 2 and 3 to the report (September 23, 2019) from the Director, Community Planning, Etobicoke York District, subject to:

a. the conditions as generally listed in Attachment 4 to the report (September 23, 2019) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted, must be fulfilled prior to the release of the Plan of Condominium for registration;

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; and

c. Draft Plan approval not being issued until the necessary Bill(s) for the Part Lot Control Exemption By-law are in full force and effect.

2. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 3258-3260 Dundas Street West as generally illustrated on Attachments 5 to 7 of the report (September 23, 2019) from the Director, Community Planning, Etobicoke York 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 By-law, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the Parcel Of Tied Lands without the written consent of the Chief Planner and Executive Director, City Planning or designate.

5. City Council authorize the City Solicitor to release, or partially release, the Section 118 Restriction from title to all or a portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning.

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.

The Common Elements Condominium application proposes to establish the drive aisle, driveway, landscape area, parking area, and a shared mechanical and electrical room as a common element for nine townhouses and one commercial unit at 3258-3260 Dundas Street West. The Common Elements Condominium will ensure shared ownership and maintenance of the common elements by the condominium corporation.

The requested exemption from the Part Lot Control provisions of the Planning Act is to permit the creation of conveyable lots for the nine townhouses fronting Gilmour Avenue and the commercial unit fronting Dundas Street West, which will become the Parcels of Tied Land (POTLs) to the Common Elements Condominium. The exemption from the Part Lot Control provisions would also establish an easement for shared access and servicing between the building and the adjacent building at 3256 Dundas Street West. The lifting of Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption application. 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 and Executive Director, City Planning or his designate.

The approval of the Draft Plan of Common Elements Condominium application is delegated to the Chief Planner and Executive Director City Planning.

The Toronto and East York Community Council recommends that:

1.  City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of one-hundred and thirty-one (131) existing rental dwelling units located at 117 and 127 Broadway Avenue, subject to the following conditions:

a. The owner shall provide and maintain one-hundred and thirty-one (131) replacement rental dwelling units at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue for a period of at least twenty (20) years, beginning from the date that each replacement rental unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, twenty (20) year period. The one-hundred and thirty-one (131) replacement rental units shall be comprised of at least thirty-three (33) bachelor units, eighteen (18) one-bedroom units and eighty (80) two-bedroom units as shown on the Floor Plans by IBI Group Architects dated July 26, 2019 submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall, as part of the one-hundred and thirty-one (131) replacement rental dwelling units required above, provide at least fifteen (15) bachelor, eight (8) one-bedroom, and forty-nine (49) two-bedroom replacement rental dwelling units at affordable rents, as defined in the City's Official Plan, and seventeen (17) bachelor, ten (10) one-bedroom and thirty-one (31) two-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, and one (1) bachelor rental dwelling unit at high-end rent, as defined in the City's Official Plan, all for a period of at least ten (10) years, beginning from the date of first occupancy of each unit;

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

d. The owner shall provide all one-hundred and thirty-one (131) replacement rental dwelling units with a balcony or terrace and ensuite laundry;

e. The owner shall provide tenants of the one-hundred and thirty-one (131)  replacement rental dwelling units with access to all bicycle parking, all car parking, visitor parking and storage lockers on the same terms and conditions as any other resident of the building;

f. The owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing one-hundred and thirty-one (131) rental dwelling units proposed to be demolished at 117-127 Broadway Avenue, including the right to return to a replacement rental dwelling unit at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. The owner shall enter into and register on title at 117-127 Broadway Avenue and 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in Recommendation 1.a. through f. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the one-hundred and thirty-one (131) existing rental dwelling units at 117 and 127 Broadway Avenue after all of the following have occurred:

a. The conditions in Recommendation 1 above have been fully satisfied;

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

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

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

e. The execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 1.a. through f. above and any other matters.

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

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

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

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

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

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

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

6. City Council authorize the appropriate City officials to take such actions as are necessary, including execution of the Section 37 and 111 Agreements and other related agreements, to secure the following timing provisions related to the construction and occupancy of the replacement rental units: The owner shall obtain the shoring and excavation permits for the new residential building at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue prior to issuance of the above-grade building permit for the new residential building at 117-127 Broadway Avenue.

This report recommends approval of a Rental Housing Demolition application to demolish and replace 131 rental dwelling units, and recommends approval of the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions. This report also recommends entering into Section 37 and Section 111 agreements.

A Rental Housing Demolition application at 117 - 127 Broadway Avenue seeks approval to demolish two existing residential rental apartment buildings containing a total of 131 rental dwelling units.  All 131 units would be replaced within a new purpose-built rental building across the street at 100 Broadway Avenue and 223-233 Redpath Avenue. The replacement rental units will have similar unit sizes and rents. The unit mix for the replacement rental units would be an improvement on the existing rental units at 117 - 127 Broadway Avenue with some one-bedroom units replaced with two-bedroom units. A Tenant Relocation and Assistance Plan will appropriately address the impacts on tenants.

The rental building at 100 Broadway Avenue and 223-233 Redpath Avenue will contain 413 rental units, which includes 131 replacement rental units from 117 - 127 Broadway Avenue, and 193 replacement rental units associated with four other nearby rental housing demolition applications at 100 Broadway Avenue and 223-225 Redpath Avenue, 227-233 Redpath Avenue, 110-120 Broadway Avenue, and 174-180 Broadway Avenue for a total of 324 replacement rental units. The remaining 89 rental units comprise of 50 new affordable rental units secured in a Section 37 Agreement from the 110-120 Broadway Avenue development application and 39 market-rate rental units with unrestricted rents.     

The land at 117 - 127 Broadway Avenue is also subject to an application under the Planning Act for an amendment to the Zoning By-law (Application No. 15 228738 STE 22 OZ), which was the subject of a settlement hearing at the Local Planning Appeal Tribunal (LPAT) (Case No. PL160941) on November 20, 2017. 

City Council endorsed the settlement for the Zoning By-law Amendment application subject to conditions, including a rental replacement requirement. City Council also withheld its decision on the related Rental Housing Demolition application until a Decision was issued by the LPAT on the related Zoning By-law Amendment application.

The LPAT issued a Decision on May 31, 2018, approving the Zoning By-law Amendment in principle, with the final Order being held until all outstanding matters, including the necessary agreements with the City, are secured, including rental housing matters.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 817-2013 for the lands at 2-8 Gloucester Street and 601-613 Yonge Street to remove the holding provision substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (September 24, 2019) from the Director, Community Planning, Toronto and East York District.

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

This application proposes to remove the holding symbol ("(h)") from site-specific Zoning By-law 817-2013 for the lands at 2-8 Gloucester Street and 601-613 Yonge Street. The lifting of the "(h)" on the subject site will permit the development of a 34-storey mixed use building containing 232 residential units and up to 900 square metres of non-residential space. The "(h)" symbol was placed on the lands until a new watermain is installed on Gloucester Street. This condition has been satisfied.

This report reviews and recommends approval of the application to amend the Zoning By-law to remove the "(h)" from the lands.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York.

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

4. City Council approve the alterations to the heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 96 Spadina Avenue and 379 and 383 Adelaide Street West, with such alterations substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the Heritage Impact Assessment Addendum, dated August 16, 2019, prepared by ERA Architects Inc., and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the following additional conditions:

a. That the related site specific Zoning By-law Amendment giving rise to the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That prior to the introduction of the bills for such Zoning By-law Amendments by City Council, the owner shall:
  

1. Enter into a Heritage Easement Agreement with the City for the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West  substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the Heritage Impact Assessment Addendum, dated August 16, 2019, prepared by ERA Architects Inc., subject to and in accordance with the approved Conservation Plan required in Recommendation 4.b.2 below, all to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning including execution of such agreement to the satisfaction of the City Solicitor;

2. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment and Heritage Impact Assessment Addendum for 96 Spadina Avenue and 379 and 383 Adelaide Street West, prepared by ERA Architects Inc., dated December 5, 2017 and August 16, 2019 respectively, all to the satisfaction of the Senior Manager, Heritage Planning;

3. Enter into and register on the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Planning, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations, including amongst other matters, securing the final project specifications, preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Planning;

4. Withdraw their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

c. That prior to final Site Plan Approval, for the development contemplated for 96 Spadina Avenue and 379 and 383 Adelaide Street West, the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.b.2. above to the satisfaction of the Senior Manager, Heritage Planning;

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

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

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

5. Provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. Have obtained final approval for the necessary Zoning By-law Amendments required for the subject property, such Amendments 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 4.b.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 Planning;

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

4. Provide full documentation of the existing heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, including photographs and digital records, maps, floorplans, elevations, measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 4.d.3. above, the owner shall:

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

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

5. Before introducing the necessary Bills to City Council for enactment, the owner shall enter into a Limiting Distance Agreement between the landowners of 82 Spadina Avenue and the City, to be registered on title to the 82 Spadina Avenue property, that would prevent the erection of a building above the existing height of the building, for the first northern-most 11 metres of the 82 Spadina Avenue lot, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor.

6. Prior to the issuance of any above grade building permits, the owner shall submit landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Supervisor, Tree Protection and Plan Review, Urban Forestry.

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

a.  Prior to the issuance of the first above-grade building permit, the owners shall make a cash contribution of $640,000 towards community services and facilities in Ward 10, or streetscape and/or public realm improvements in the area bounded by Queen Street West, Spadina Avenue, Front Street West and Bathurst Street to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

b. Prior to the issuance of the first above-grade building permit, a cash contribution of $80,000 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

c. Prior to the issuance of the first above-grade building permit, a cash contribution of $320,000 towards streetscape and/or public realm improvements in the area bounded by Queen Street West, Spadina Avenue, Front Street West, and Bathurst Street, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

d. Submission, and thereafter implementation, of a construction management plan by the owner of 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West to address such matters as wind, noise, dust and street closures during construction. Such plan to be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and shall be completed prior to final Site Plan Approval.

e. Prior to final Site Plan Approval, the owner shall convey, in perpetuity, public access surface easements to the City over the proposed laneways and midblock connections on the site.

All cash contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made.

8. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a revised Hydrogeological Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water.

9. Before introducing the necessary Bills to City Council for enactment, the City shall have closed up the City-owned public lane located West of Spadina Avenue and South of Adelaide Street West, between 96 Spadina Avenue and 379 Adelaide Street West, and the owner shall have purchased the closed up lane from the City.

10. City Council request that the Director, Real Estate Services and the Executive Director, Housing Secretariat to commit the value of the sale of the City-owned public lane located west of Spadina Avenue and south of Adelaide Street West, between 96 Spadina Avenue and 379 Adelaide Street West, toward the construction of new affordable housing in the vicinity of the King-Spadina Secondary Plan area, which may include the redevelopment of 105 Spadina Avenue.

11. City Council authorize the direct and appropriate City Officials to take the necessary action to give effect to Recommendation 10 above, including submissions through the budget process or to report back to City Council as may be required. 

This zoning amendment application proposes a 16-storey building with 80 square metres of retail/commercial space on the ground level and 33,946 square metres of office space above the existing buildings at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West. The proposal also includes the full retention of the heritage buildings at 96 Spadina Avenue and 379 Adelaide Street West and partial retention of the building at 383 Adelaide Street West. A total of three loading spaces and 98 bicycle parking spaces are proposed on site. No vehicle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal represents an appropriate redevelopment of the site, significant heritage conservation, and a built form and public realm that is compatible with the surrounding context.

This report reviews and recommends approval of the Zoning By-law Amendment Application.

The Toronto and East York Community Council recommends that:  

1. City Council state its intention to designate the property at 96 Spadina Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation): 96 Spadina Avenue in Attachment 2 attached to the report (September 10, 2019) from the Senior Manager, Heritage Preservation Services, City Planning.

2. City Council state its intention to designate the property at 379 Adelaide Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation): 379 Adelaide Avenue West in Attachment 3; attached to the report (September 10, 2019) from the Senior Manager, Heritage Preservation Services, City Planning.

3. City Council state its intention to designate the property at 383 Adelaide Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance (Reasons for Designation): 383 Adelaide Avenue West in Attachment 4 attached to the report (September 10, 2019) from the Senior Manager, Heritage Preservation Services, City Planning.

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

5. If there are objections to the designations, City Council direct the City Clerk to refer the designations to the Conservation Review Board.

6. If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designations of the properties.

7. City Council authorize the entering into Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 96 Spadina Avenue and 379 and 383 Adelaide Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West.

9. City Council approve the alterations to the heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 96 Spadina Avenue and 379 and 383 Adelaide Street West, with such alterations substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Preservation Services and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the HIA Addendum, dated August 16, 2019, prepared by ERA Architects Inc., 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 the related site specific Zoning By-law Amendment giving rise to the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

b. 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 properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West  substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Preservation Services and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the HIA Addendum, dated August 16, 2019, prepared by ERA Architects Inc., subject to and in accordance with the approved Conservation Plan required in Recommendation 9.b.2 below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor;

2. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment and HIA Addendum for 96 Spadina Avenue and 379 and 383 Adelaide Street West, prepared by ERA Architects Inc., dated December 5, 2017 and August 16, 2019 respectively, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. Enter into and register on the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Preservation Services, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations, including amongst other matters, securing the final project specifications, preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of  the Senior Manager, Heritage Preservation Services;

4. Withdraw their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

c. That prior to final Site Plan approval, for the development contemplated for 96 Spadina Avenue and 379 and 383 Adelaide Street West, the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 9.b.2 above to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

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

4. Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

5. Provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services.

d. That prior to the issuance of any permit for all or any part of the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, 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 9.b.2 above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

4. Provide full documentation of the existing heritage property at 96 Spadina Avenue and 379 and 383 Adelaide Street West, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services.

e. That prior to the release of the Letter of Credit required in Recommendation 9.d.3 above, the owner shall:

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

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

This report recommends that City Council approve the proposed alterations for the heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, in connection with a Zoning Amendment Application proposing a 16-storey redevelopment of the site that will contain retail uses at grade with office uses above. This report also recommends that City Council state its intention to designate 96 Spadina Avenue (Darling Building), 379 Adelaide Street West (Gage Building) and 383 Adelaide Street West (Lorne Building) under Part IV, Section 29 of the Ontario Heritage Act and give authority to enter into Heritage Easement Agreement(s) for these properties.

The conservation strategy for the heritage properties would retain, internally and externally, the two heritage commercial buildings at 96 Spadina Avenue and 379 Adelaide Street West. The property at 383 Adelaide Street West (Lorne Building) is proposed for partial retention. The street facing façade will be retained in situ and a substantive portion of the east return wall will be disassembled and rebuilt in its original location following construction. Further, the conservation strategy proposes rehabilitation and restoration of the heritage properties to their period of significance (time of construction) based on archival information.

This report recommends that City Council approve the proposed alterations for the heritage

properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, in connection with a

Zoning Amendment Application proposing a 16-storey redevelopment of the site that will

contain retail uses at grade with office uses above. This report also recommends that City

Council state its intention to designate 96 Spadina Avenue (Darling Building), 379 Adelaide

Street West (Gage Building) and 383 Adelaide Street West (Lorne Building) under Part IV,

Section 29 of the Ontario Heritage Act and give authority to enter into Heritage Easement

Agreement(s) for these properties.

The conservation strategy for the heritage properties would retain, internally and externally, the two heritage commercial buildings at 96 Spadina Avenue and 379 Adelaide Street West. The property at 383 Adelaide Street West (Lorne Building) is proposed for partial retention. The street facing façade will be retained in situ and a substantive portion of the east return wall will be disassembled and rebuilt in its original location following construction. Further, the conservation strategy proposes rehabilitation and restoration of the heritage properties to their period of significance (time of construction) based on archival information.

Background Information

(September 10, 2019) Report and Attachments 1-6 from the Senior Manager, Heritage Preservation Services, UrbanDesign, City Planning - Alterations to Designated Heritage Properties, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage

Easement Agreement - 96 Spadina Avenue and 379 and 383 Adelaide Street West

(http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-137465.pdf)

Speakers

Julie Tyndorf, ERA Architects

Hugh Clark, Allied REIT

Toronto and East York Community Council recommends that:  

1. City Council state its intention to designate the property at 145 Portland Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 145 Portland Street (Reasons for Designation) attached as Attachment 3 to the report (September 4, 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 145 Portland Street under Part IV, Section 29 of the Ontario Heritage Act. The property is listed on the City of Toronto's Heritage Register.

The surviving 19th-century residential buildings on the east side of Portland Street between Richmond and Adelaide Streets are adjoining buildings with the following street numbers: 135, 137, 139, 141, 143 and 145. All of these properties apart from 137 are listed on the City's Heritage Register and have been identified as contributing to the King-Spadina HCD. The properties at 135, 139, 141 and 143 are subject to a development application and 139, 141 and 143 Portland Street are being concurrently recommended for designation under the Ontario Heritage Act in a separate report before the September 23, 2019 Toronto Preservation Board titled Alterations to Designated Heritage Properties, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement -139, 141 and 143 Portland Street. The property at 145 Portland Street, although not subject to a planning application at the time of report writing, is being evaluated for designation in this report since it forms one half of a mirrored pair with 143 Portland Street and follows Heritage Planning best practice.

Following research and evaluation, it has been determined that the property at 145 Portland Street meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value.

The designation of the property at 145 Portland Street under Part IV, Section 29 of the Ontario Heritage Act would identify all of the property's cultural heritage value and heritage attributes.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Designation enables City Council to review alterations to the site, enforce heritage property standards and maintenance, and refuse demolition.

Origin

(September 23, 2019) Letter from the Toronto Preservation Board

Summary

This report recommends that City Council state its intention to designate the heritage property at 145 Portland Street under Part IV, Section 29 of the Ontario Heritage Act. The property is listed on the City of Toronto's Heritage Register.

The surviving 19th-century residential buildings on the east side of Portland Street between

Richmond and Adelaide Streets are adjoining buildings with the following street numbers: 135, 137, 139, 141, 143 and 145. All of these properties apart from 137 are listed on the City's Heritage Register and have been identified as contributing to the King-Spadina Heritage Conservation District. The properties at 135, 139, 141 and 143 are subject to a development application and 139, 141 and 143 Portland Street are being concurrently recommended for designation under the Ontario Heritage Act in a separate report before the September 23, 2019 Toronto Preservation Board titled Alterations to Designated Heritage Properties, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement

Agreement - 139, 141 and 143 Portland Street. The property at 145 Portland Street, although

not subject to a planning application at the time of report writing, is being evaluated for

designation in this report since it forms one half of a mirrored pair with 143 Portland Street and follows Heritage Planning best practice.

Following research and evaluation, it has been determined that the property at 145 Portland

Street meets Ontario Regulation 9/06, the provincial criteria prescribed for municipal

designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value.

The designation of the property at 145 Portland Street under Part IV, Section 29 of the Ontario Heritage Act would identify all of the property's cultural heritage value and heritage attributes.

Properties on the Heritage Register will be conserved and maintained in accordance with the

Official Plan Heritage Policies. Designation enables City Council to review alterations to the

site, enforce heritage property standards and maintenance, and refuse demolition.

Background Information

(September 10, 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 - 145 Portland Street

(http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-137447.pdf)

The Toronto and East York Community Council recommends that:

1. City Council approve the application to demolish the existing place of worship at 587 Oakwood Avenue pursuant to By-law No. 3102-95 of the former City of York subject to the owner entering into a beautification agreement with the City containing a beautification plan to the satisfaction of the Director, Community Planning, Toronto and East York District and the agreement be registered on title to the lands.

2. City Council authorize the City Solicitor to prepare the agreement in consultation with the Ward Councillor and the owner.

3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to the recommendations above.

This property is located in the former City of York and in accordance with By-law No. 3102-95 of the former City of York, this demolition permit application is submitted to the Toronto and East York Community Council for consideration and decision to grant or grant with conditions, approval of the demolition permit application, including the requirement for the owner to enter into a beautification agreement prior to the issuance of the demolition permits.

Toronto and East York Community Council may impose conditions if any, to be attached to the demolition permit.

The Toronto and East York Community Council recommends that:

1. City Council approve 160 Front Street West Public Art Plan attached - Attachment 1 to the report (September 16, 2019) from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of 160 Front Street West 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; public art objectives; public art location; budget; selection process; 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 489-539 King Street West Public Art Plan attached as Attachment 1 to the report (September 16, 2019) from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of 489-539 King Street West 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: project introduction; site in context; site plan; public art location; public art objectives; selection process and rationale; jury composition; schedule; architectural context; landscape design; project team; public art budget; developer background and context. 

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 220, 234 Simcoe Street and 121 St. Patrick Street Public Art Plan attached as Attachment 1 to the report (September 16, 2019) from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of 220, 234 Simcoe and 121 St. Patrick 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; site location; site context; description of development; historic context; selection of option; project team; proposed locations; jury composition; budget and distribution; mentoring bursary to OCAD U; schedule; public art objectives; public art criteria; selection process and artists.  

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 688 Dundas Street East Public Art Plan attached as Attachment 1 to the report (September 16, 2019) from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of 688 Dundas Street East 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 45 agreement reference; public art objectives; public art location; public art location selection rationale; planning criteria; 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 40 Temperance Street Public Art Plan attached as Attachment 1 to the report September 16, 2019 from the Director, Urban Design.

The purpose of this staff report is to seek City Council approval of 40 Temperance 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; context and location; precinct site plan; renderings; art site; primary art site locations; secondary art site; the artwork vision and requirements; the art selection process; art advisory committee; mentorship program; maintenance obligation; preliminary budget and preliminary timeline.  

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 direct the Chief Planner and Executive Director, City Planning to use the proposed King-Parliament Secondary Plan, found in Attachment 1 to the report (September 24, 2019) from the Director, Urban Design.

 2. City Council direct the Chief Planner and Executive Director, City Planning to undertake an update of Zoning By-law 438-86, as amended, and Zoning By-law 569-2013, as amended, for the King-Parliament Secondary Plan area to reflect the policy direction of the proposed King-Parliament Secondary Plan.  

3. City Council direct the Chief Planner and Executive Director, City Planning to bring forward a recommended King-Parliament Secondary Plan and updated Zoning By-law to City Council by the third quarter of 2020.

This report brings forward a proposed King-Parliament Secondary Plan (proposed Plan), which is the outcome of Phases 1 and 2 of the King-Parliament Secondary Plan Review and concurrent study of the North Side of Queen Street East between Jarvis Street and River Street.

The proposed Plan builds on the success of the in-force King-Parliament Secondary Plan (1996) in addition to updated direction provided in the recently-approved Downtown Plan. The proposed Plan addresses heritage conservation, the improvement and expansion of parks and the public realm, and built form direction. The proposed Plan also includes specific objectives to support and enhance the employment cluster in the King-Parliament area and simplify the interpretation of overlapping policy frameworks that exist in the area. The Secondary Plan area comprises five Policy Areas, each reflecting a unique built form character.

As an area targeted for growth and new investment, the proposed Plan recommends that development provide a full mix of uses that are designed to be compatible with their existing and planned context, conserve cultural heritage resources and improve and expand the public realm. 

The proposed Plan is consistent with the Toronto Official Plan (2006), Provincial Policy Statement (2014) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report recommends that the proposed Plan be used as the basis for further stakeholder and public consultation to support the development of a recommended Secondary Plan, to be brought forward to City Council by Q3 2020. In addition to Secondary Plan policy development, the report recommends preparation of an update of Zoning By-law 438-86 and Zoning By-law 569-2013 for the King-Parliament Secondary Plan area. Consultation for the Zoning By-law amendments will be held concurrently with further Secondary Plan consultation activities.

The Toronto and East York Community Council submits the Item to City Council without recommendation.

As the Toronto Transit Commission (TTC) operates a transit service on Avenue Road, City Council approval of this report is required.

PCL Constructors Canada Incorporated is redeveloping the existing Park Hyatt hotel at 4 Avenue Road, located in the north-west corner of Avenue Road and Bloor Street West.

City Council, previously approved a closure of the west sidewalk and a 2.9 metre wide portion of the southbound curb lane on Avenue Road, between a point 54.8 metres north of Bloor Street West and a point 56.4 metres further north and the provision of a temporary pedestrian walkway within the closed lane, from November 1, 2018 to May 30, 2019.

Based on a secondary review of the Traffic Management Plan and site logistics, the applicant has reduced the footprint of the previously-approved construction staging area, thus avoiding the need for a long term lane closure of the southbound curb lane on Avenue Road. As a result, the southbound curb lane on Avenue Road is temporarily closed, daily, during the off-peak periods (9:30 a.m. to 7:00 p.m.), to facilitate construction staging operations. A temporary pedestrian walkway is not provided on the west side of Avenue Road.

Transportation Services is requesting authorization to close the sidewalk on the west side of Avenue Road, between Bloor Street West and Prince Arthur Avenue for a period of nine months (i.e. October 30, 2019 to July 31, 2020). The closure of the sidewalk will restrict pedestrian movements along the subject section of Avenue Road. This will mitigate impacts to southbound traffic movements during the morning peak hours.

The Toronto and East York Community Council recommends that:

1. City Council authorize the continuation of the closure of the east sidewalk and a 1.8 metres wide portion of the northbound curb lane on Bedford Road, between Davenport Road and a point 41 metres north, from October 30, 2019 to March 31, 2021.

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 Bedford Road and Davenport Road be returned to its pre-construction traffic and parking regulations when the project is complete.

As the Toronto Transit Commission (TTC) operates a transit service on Bedford Road, City Council approval of this report is required.

Diamond Corp. is constructing a 27-storey residential condominium building and a total of 52 townhouses at 250 Davenport Road and 181 Bedford Road. The sidewalk and northbound curb lane on the east side of Bedford Road abutting the site are closed to accommodate construction staging operations for the development. City Council, at its meeting on July 23, 24, 25, 26, 27 and 30, 2018, authorize the subject construction staging area on Bedford Road, from October 1, 2018 to October 1, 2019.

Transportation Services is requesting to extend the duration of the construction staging area on Bedford Road for an additional 17 months (i.e. from October 30, 2019 to March 31, 2021, in order to allow for the completion of construction of the development.

The Toronto and East York Community Council recommends that:

1. City Council authorize the closure of the east sidewalk and a 2.1 metre wide portion of the eastbound curb lane on Dundas Street East, between a point 26.5 metres east of Pembroke Street and a point 45 metres further east and provision of a temporary pedestrian walkway within the closed portion of the eastbound curb lane, from October 30, 2019 to October 30, 2020.

2. City Council rescind the existing parking prohibition in effect at all times on the south side of Dundas Street East, between George Street and a point 76 metres east.

3. City Council rescind the existing stopping prohibition in effect from 4:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on the south side of Dundas Street East, between George Street and a point 76 metres east.

4. City Council prohibit stopping at all times on the south side of Dundas Street East, between George Street and a point 76 metres east.

5. 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.

6. 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.

7. City Council direct the applicant to sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe.

8. City Council direct the applicant to pressure wash the construction site and adjacent sidewalks and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.

9. City Council direct the applicant to ensure 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.

10. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

11. City Council direct the applicant to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

12. City Council direct that Dundas Street East be returned to its pre-construction traffic and parking regulations when the project is complete.

13. City Council direct the applicant to create a publicly accessible website with regular construction updates and post the website address on the construction site hoarding, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

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

Menkes Developments Ltd is constructing a 22-storey residential condominium building at 219-231 Dundas Street East. The site is bounded by Dundas Street East to the north, existing residential buildings (231 Dundas Street East and 44-50 Pembroke Street) to the east and Elementary School Gabrielle-Roy (14 Pembroke Street) to the south and west. The development is currently in progress, operating under a monthly Street Occupation Permit.

Transportation Services is requesting authorization to close the south sidewalk and the eastbound curb lane on Dundas Street East for a covered pedestrian walkway for a period of 12 months to accommodate construction staging operations. The developer originally requested a closure for 23 months but Transportation Services is seeking authority for 12 months at this time. Staff will review the need to extend the duration of the construction staging area and seek authority from City Council if necessary.

The Toronto and East York Community Council recommends that:

1. City Council designate the southerly westbound lane on The Esplanade, between Yonge Street and a point 30.5 metres east, for westbound left turns only.

2. City Council designate the northerly westbound curb lane on The Esplanade, between Yonge Street and a point 30.5 metres east, for straight through and right turns only.

3. City Council rescind the existing parking prohibition in effect at all times on the north side of The Esplanade, between Yonge Street and Scott Street.

4. City Council prohibit standing at all times on the north side of The Esplanade, between Yonge Street and Scott Street.

5. City Council prohibit parking at all times on the south side of The Esplanade, between Yonge Street and Scott Street.

As the Toronto Transit Commission (TTC) operates a transit service on The Esplanade, City Council approval of this report is required.

In order to improve TTC operations, clearly define lane usage and mitigate any potential vehicular conflicts, Transportation Services is recommending that the southerly westbound lane on The Esplanade at Yonge Street be designated for westbound left turns only, and that the westbound curb lane be designated for straight through and right turns only. In addition, Transportation Services is recommending that standing be prohibited at all times on the north side and parking be prohibited at all times on south side of The Esplanade, between Yonge Street and Scott Street, to deter parking and improve traffic flow.

The Toronto and East York Community Council recommends that:

1. City Council request the Director, Transportation Services, Toronto and East York District, in co-operation with other relevant City divisions, to develop a Traffic Management and Mitigation Plan for the area of the St. Clair Avenue West and Bathurst Street's Planning Framework, including but not limited to:

a. Traffic management in light of increasing density in the area;

b. Construction staging coordination and management that would not impact the public right-of-way for development construction purposes;

c. Construction and related noise monitoring and enforcement to be coordinated by Transportation Services and Municipal Licensing and Standards;

d. Ensure coordination between development construction sites to minimize impacts of truck traffic in the area and ensure compliance with the truck prohibitions on local streets in the area;

e. Coordinate with relevant stakeholders, divisions and agencies, to do air quality studies and ensure mitigation of any additional construction-related pollution to the area. 

The area of the St. Clair Avenue West and Bathurst Street Planning Framework has seen an increase in development applications in past years. We are anticipating further intensification in this area, which has spurred concern from local residents about the cumulative impact this will have on the community. Residents have raised concerns over traffic management, noise controls, air quality, truck traffic and overall road safety, which is why I am requesting the development of a comprehensive Traffic Management and Mitigation Plan for the area.  

I believe it is imperative to take a proactive approach in minimizing disruption and promoting safety in the community. This necessitates a coordinated effort by several City divisions to assess current conditions and make informed recommendations as to a focused and productive approach to these concerns.

The Toronto and East York Community Council recommends that:

1.  City Council amend the existing standing prohibition in effect on the north side of Commissioners Street, between a point 186 metres east of Carlaw Avenue and a point 15 metres further east, to be in effect between a point 179 metres east of Carlaw Avenue and a point 22 metres further east.

Dear Chair and Members of the Toronto and East York Community Council,

Toronto Hydro has requested that an area on Commissioners Street, currently an unsigned 3-hour spot be converted to a no standing area. The unsigned spot sits between a no-parking area and the driveway entrance to the Toronto Hydro facility, creating a hazard for drivers by decreasing visibility and increasing the risk of accidents.

The Toronto and East York Community Council recommended that:

1. City Council prohibit the southbound right-turn movement for vehicles from Bathurst Street to Lake Shore Boulevard West, with TTC Vehicles Excepted, as part of the implementation of safety improvements to the Bathurst Street / Fleet Street / Lake Shore Boulevard West intersection previously authorized by City Council on July 16, 17 and 18, 2019 (Item TE7.123).

2. City Council direct the General Manager, Transportation Services to prioritize and expedite the implementation of these safety improvements, given the documented safety concern and collision history at this location.

3. City Council request the General Manager, Transportation Services, with support from other divisions as needed, to plan for future phases of safety improvements to the Bathurst Street / Fleet Street / Lake Shore Boulevard West intersection, which may include relocation of the eastbound left turn lane from Fleet Street to Lake Shore Boulevard West, wider and safer pedestrian infrastructure, facilities to allow TTC service to be faster and more reliable, and ultimately the implementation of the full reconfiguration of the intersection included in the approved Waterfront Transit Network Plan previously adopted by City Council on January 31 and February 1, 2018 (Item EX30.1). 

The massive five-arm intersection of Bathurst, Lake Shore, and Fleet doesn't work well for anyone. It is a danger and a barrier for pedestrians, it is confusing for drivers and has a high rate of vehicle collisions, and it delays two streetcar lines. This intersection should tie together the three adjacent neighbourhoods – Bathurst Quay, Fort York, and CityPlace – but instead it separates them from one another.

Going back to at least as far as 2004, before the Fort York and CityPlace neighbourhoods were constructed, the City of Toronto has made plans for reconfiguring this intersection. Concern about this intersection was one of the most common themes I heard from community members throughout the consultations for the Bathurst Quay Neighbourhood Plan in 2014 and 2015. On several occasions in recent years, staff reports and City Council directions have re-affirmed the intention and necessity of fixing this intersection.

I brought a motion to Community Council in May 2019 requesting that City staff report back on what it would finally take to see meaningful action on safety improvements here. Transportation Services reported to City Council in July with a recommendation to authorize the permanent closure of westbound Fleet Street, between Bathurst Street and Iannuzzi Street, as the first and most expeditious way to start implementing improvements. City Council approved this work and the City staff report anticipated implementation before the end of summer.

It is now October and progress is long overdue. I recognize that any change to a busy and complex intersection requires a great deal of advance planning, design work, and coordination. And I appreciate the sincere dedication and effort that many City staff have already brought to bear on this specific location. But if we as a City and Council are truly serious about actually achieving the Vision Zero goal of zero deaths and serious injuries on our street, we must prioritize this kind of hard work and allocate adequate staff time and funding to overcome these challenges quickly.

In response to the delayed action, I have had a number of urgent meetings and discussions with senior Transportation Services staff to find ways to accelerate implementation. One outcome of this work is that I am recommending that City Council authorize prohibiting right turns from southbound Bathurst Street to westbound Lake Shore Boulevard. This simplifies a number of technical matters associated with implementing the closure of Fleet Street as approved in July, and should also eliminate the problem of vehicles taking the turn too sharply and knocking down the handrails of the pedestrian crossing island. Traffic counts demonstrate that a relatively small number of vehicles presently make this turning movement, so alternative routes will easily accommodate the displaced traffic. In the future, once physical safety improvements to the pedestrian crossing island are implemented, City staff may recommend reinstating turns from Bathurst to Lake Shore.

We also need to ramp up our planning for the longer-term vision make further safety and operational improvements to the intersection, leveraging nearby infrastructure work and private development to accelerate implementation. I am recommending that City Council request City staff to formally advance work on these future phases of improvements, even before the initial closure of Fleet Street is in place.

The Toronto and East York Community Council recommended that:

1. City Council direct the General Manager, Transportation Services, to prioritize and expedite the implementation of Vision Zero street safety improvements in the CityPlace neighbourhood that have already been approved by City Council or Toronto and East York Community Council, given the impending opening of two new local elementary schools with 1,100 students.

There is no number of deaths or serious injuries on our streets that is acceptable. Each one is preventable. As a City, we must prioritize and accelerate measures to make our streets safe and accessible for all road users, especially vulnerable pedestrians and cyclists.

Over the last number of years, I have been working closely with the CityPlace community to identify street safety concerns and implement improvements. These changes have included the installation of traffic signals at Dan Leckie Way and Fort York Boulevard, and on the west side of Spadina Avenue at Lake Shore Boulevard West. We have also been collaboratively managing and mitigating construction-related safety issues. Implementing these improvements without delay has been my critical priority for years, as additional residents move into the neighbourhood and in anticipation of the opening of two new local elementary schools with 1,100 students in the coming months.

I have also secured Committee and Council approval for several more necessary traffic signals, stop signs, pedestrian crossings and crosswalks, and enhanced pavement markings that have not yet been installed. Achieving approval far in advance of the opening of our new community amenities was intentional, to ensure there was adequate time to install the much-needed improvements. However, many of them have yet to be implemented.

We must prioritize and accelerate the installation of these street safety improvements in CityPlace, including:

- New pedestrian crossing of Spadina Avenue on the south side of the existing signalized intersection with Bremner Boulevard and Fort York Boulevard (first requested in 2015, City Council approval July 2018).

- New pedestrian crossing of Spadina Avenue on the south side of the existing signalized intersection with Front Street West (City Council approval July 2018).

- New pedestrian crossing of Fort York Boulevard on the east side of the existing stop-controlled intersection with Brunel Court and Telegram Mews (Community Council approval July 2018).

- New all-way stop, new gap in the concrete median, and new pedestrian crossing of Fort York Boulevard at the intersection with Queens Wharf Road (Community Council approval April 2018).

- Finish installation of enhanced pavement markings indicating the pedestrian crossing at the new all-way stop that was installed at the intersection of Dan Leckie Way and Housey Street (Community Council approval June 2018).

- Design and build sidewalk and streetscape improvements to Bathurst Street between Fort York Boulevard and Housey Street (City Council approval July 2018).

- Implement comprehensive, multiple-phase safety improvements at the intersection of Lake Shore Boulevard West, Bathurst Street, and Fleet Street (City Council approval July 2019).

The Selection Panel recommends that:  

1. City Council appoint as Integrity Commissioner the candidate identified in Confidential Attachment 1 to this report, effective November 30, 2019, for a 5-year non-renewable term ending on November 30, 2024,with all the powers and duties imposed upon the Integrity Commissioner by Chapter 3 Accountability Offices, of the City of Toronto Municipal Code.

2. City Council authorize the City Solicitor to introduce the necessary by-laws to give effect to the recommendations in this report.

3.  City Council authorize the public release of Confidential Attachment 1, once adopted by City Council.

 I am pleased to transmit the report from the Selection Panel recommending appointment of an Integrity Commissioner as identified in the confidential attachment.

Toronto’s Integrity Commissioner, Valerie Jepson, was appointed by City Council at its meeting on June 10, 2014 for a non-renewable five-year term. The Integrity Commissioner's term ends on November 29, 2019 or until the recruitment process for a new Integrity Commissioner is completed, whichever comes first.

I appointed a selection panel that included Deputy Mayor Minnan-Wong (Chair), Councillor Fletcher, Councillor Holyday and Councillor Lai.

The Integrity Commissioner Selection Panel undertook a comprehensive recruitment process to recommend a preferred candidate to City Council. The Selection Panel was assisted by an independent external search firm.

I want to thank the Selection Panel for their participation in the recruitment process and for their efforts to ensure a successful outcome for this very important position.

 The City Solicitor recommends that:

1.  City Council direct the City Solicitor make an additional request to the Registrar of Alcohol, Gaming and Racing to respond to the City Solicitor's letter dated August 6, 2019, and to report on the response from the Registrar to the first meeting of Council once a response is provided.

At its meeting on July 16, 17 and 18, 2019, City Council directed the City Solicitor to write the Registrar of Alcohol, Gaming and Racing (the "Registrar") to determine if the conditions attached to the liquor licence for Maya Corp. at Rebel Night Club and Cabana Pool Bar at 11 Polson Street (together the "Premises"), are being enforced by the Alcohol and Gaming Commission of Ontario (AGCO), and to determine if any disciplinary action has been brought forward to Maya Corp. for violations of section 46 of Regulation 719, or for a breach of the conditions attached to the liquor licence.  City Council directed the City Solicitor to report to its October 2 and 3, 2019 meeting with the Registrar's response.  Since a response was not provided prior to the October 2 and 3 meeting, City Council adopted the Recommendation of a report (September 23, 2019) from the City Solicitor directing that the City Solicitor report on the Registrar's response to the October 29 and 30, 2019 meeting of City Council.  As of the date of this report the Registrar still has not provided a response.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (October 21, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (October 21, 2019) from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to the Report (October 21, 2019) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

The applicant has appealed the proposed Zoning By-law to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision on the applications within the time prescribed by the Planning Act (the "Appeal").

The appealed application proposes to amend the former City of Etobicoke Zoning Code (Site Specific By-law No. 514-2003) to permit a 13 storey (44 m in height including the indoor amenity space on the roof and the mechanical penthouse) mixed-use building containing 159 dwelling units at 1197 The Queensway and 8 Zorra Street. The development would have a total gross floor area of 13,110 square metres, including 347 square metres of retail space at grade, representing a Floor Space Index of 7.93 times the area of the lot. A total of 118 parking spaces within a 3 level underground parking garage are proposed. The appealed application proposes an off-site parkland dedication as part of the 30-44 Zorra Street development.

On January 30, 2019, City Council directed the City Solicitor, along with appropriate staff, to oppose the applications, in their current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the applications and report back to City Council on the outcome of those discussions.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to this report.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Attachment 2, to this report, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

Marlin Spring Investments Ltd. (the "Applicant") is the owner of lands municipally known as 30 and 44 Zorra Street (the "Subject Site").

On October 28, 2015, the former owners of the Subject Site, 11277292 Ontario Limited (the "Former Owners"), submitted a Zoning By-law Amendment application to the City proposing to amend the Etobicoke Zoning Code to permit the development of a 36-storey residential building containing 379 units on the Subject Site (the "Application").

On May 26, 2017, the Former Owner appealed the Application to the Ontario Municipal Board (the "OMB"), now known at the Local Planning Appeal Tribunal (the "LPAT"), due to City Council's failure to make a decision.

In September 2017, the Applicant entered into a conditional agreement to purchase the Subject Lands from the Former Owner and assumed the Application and the appeal.

On July 23, 2018, City Council adopted recommendation from the City Solicitor to accept a settlement offer dated March 2, 2018 (the "Settlement Offer") and authorized the City Solicitor and appropriate City Staff to attend the LPAT hearing in support of the revised proposal of a 35-storey residential building containing 423 units, as detailed in the Settlement Offer.  City Council also accepted an on-site parkland dedication, approved a development charge credit, and authorized the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act.

As was instructed by City Council on July 23, 2018, the Section 37 agreement will secure a cash contribution of $1,370,000.00, on-site parkland dedication with base improvements, the development charge credit, an acknowledgement by the City that any parkland dedication overage may be used for parkland dedication credit for development applications related to specified sites, and the future conveyance for public road purpose of approximately 733.4 square metres of land to the City for the future extension of Caven Street. The future extension of Caven Street will be designed to the City's DIPS standards.  At such time as the City requires the future Caven Street to be assumed as a public road, the road will either form part of a future through public road connection to the west or, if the western connection is not achieved, it will alternatively be required to terminate at a properly-designed DIPS turning basin prior to becoming a public road.

On November 9, 2018, the City Solicitor and City Staff attended the settlement hearing before the LPAT.  On December 6, 2018, the LPAT issued a written decision approving the Application.  The LPAT is withholding its order pending notification from the City Solicitor that the requisite conditions have been satisfied.

The purpose of this report is to request further instructions.

City Planning has been involved in the preparation of this report.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this Report (October 22, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix "A" and Confidential Appendix "B" to this Report (October 22, 2019) from the City Solicitor at the discretion of the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this Report (October 22, 2019) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

On October 7, 2013, the City received an application to amend the Zoning By-law for 1750, 1790, 1800, 1830, 1850 and 1900 The Queensway and 290, 300, 310 and 320 North Queen Street (the "Development Site") to facilitate its redevelopment, such redevelopment consisting of three twenty-seven storey residential buildings containing a total of 904 units and 13,942 square metres of commercial floor space, the retention of two existing commercial buildings and the demolition of various buildings totalling 9,454 square metres of existing commercial space.

The application was deemed complete on November 18, 2016, after the applicant submitted an application for an Official Plan Amendment on October 25, 2016.  The Official Plan Amendment requested relief from Policy 3.2.1.9 of the Official Plan, which requires that large residential developments, seeking an increase in height and/or density, provide an opportunity to achieve a mix of housing in terms of types and affordability by, among other means, providing as a first priority community benefit, 20 per cent of the additional residential units as affordable housing.

The applicant appealed City Council's neglect or failure to make a decision on its applications for Official Plan and Zoning By-law Amendments (the "Appeals") to the Ontario Municipal Board, now continued as the Local Planning Appeal Tribunal (the "LPAT") on November 1, 2017.

The purpose of this report is to request further instructions for a matter that has been appealed to the Local Planning Appeal Tribunal.

This report has been prepared in consultation with City Planning staff and other relevant divisions.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (October 22, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix "A" to the Report (October 22, 2019) from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to the Report (October 22, 2019) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

City Council designated the King-Spadina Heritage Conservation District and adopted the King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") under Part V of the Ontario Heritage Act at its meeting of October 2, 2017.  The King-Spadina HCD was subsequently appealed to the Local Planning Appeal Tribunal (the "LPAT").

The LPAT has scheduled a 20 day hearing on the merits of the King-Spadina HCD commencing on April 6, 2020.  This Report requests direction from City Council for the LPAT hearing.

Councillor Mike Colle, seconded by Councillor Ana Bailao, recommends that:

1.  City Council request the Toronto Police Services Board, as part of the newly announced neighbourhood officers' program, to establish a Community Police Office in Lawrence Heights.

The purpose of this Motion is to request City of Toronto Council's support in requesting that the Toronto Police Services Board, through the newly announced neighbourhood officers' program, establish a Community Police Office in Lawrence Heights, as this new neighbourhood officers' program has been created to better serve and enhance community policing.

Since 32 Division, which serves the Lawrence Heights Community, is located 8.4 kilometres away, there is a need for a permanent Police Office in the Lawrence Heights community, given the ongoing challenges the community of Lawrence Heights and surrounding community is having with gun violence and other criminal activity.

This is an urgent Motion given the continuous gun violence plaguing the Lawrence Heights and surrounding Community.

Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that:

1. City Council increase the Approved 2019 Operating Budget for Non-Program by a one-time basis by $179,135.87 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from 355 Church Street (Source Account: XR3026-3700685) for transfer to Family Service Toronto for capital improvements for their ground floor social enterprise located at 355 Church Street (Cost Centre: NP2161).
 

2. City Council direct that the $179,135.87 be forwarded to Family Service Toronto, subject to the organization signing an Undertaking governing the use of the funds and the financial reporting requirements.

This Motion seeks Council's authorization to release $179,135.87 in Section 37 monies to Family Service Toronto for capital improvements for their ground floor social enterprise located at 355 Church Street.

Family Service Toronto is a registered not-for-profit charity whose objective is to assist families and individuals through counselling, community development, advocacy and public education programs. As a not-for profit organization providing community services and serving local residents, Family Service Toronto is eligible for Section 37 funds provided they are for capital improvements.

Having settled into its office space at 355 Church Street, Family Service Toronto is now focused on completing the fitout of the ground floor social enterprise which may house a Café for use by staff, clients, visitors and the general public as well as serve as an event space to be rented evenings and weekends. Family Service Toronto plans, by the start of 2020, to have the space open and animated so there is regular activity consistent with its role as a leading provider of community social services.

Capital improvements funded by the Section 37 funds include the installation of a garage-type roll-up door to the sidewalk which allows the space to be open and inviting. Other improvements include capital improvements to the Cafe, accessible washroom and lobby doors, exterior illuminated signage, as well as infrastructure improvements for Wifi and music streaming.

Section 37 funds have been both secured and received by the City from the development at 355 Church Street specifically for Family Service Toronto to fund capital improvements for their ground floor social enterprise, to be located on the lot.  Of these funds, there currently remains sufficient funds for this Motion, which has not been spent or is committed.

City Planning staff advise that the proposed purposes of the funds, as set out in the recommendations of this Motion, are in accordance with Council approved guidelines and protocols.

Prior to receiving the funds, Family Service Toronto will be required to sign an Undertaking governing the use of the funds and the financial reporting requirements.

Councillor Jim Karygiannis, seconded by Councillor Cynthia Lai, recommends that:

1. In recognition of this day, which also symbolizes Moroccans' commitment and contribution to independence, City Council allow the Moroccan flag to be raised at Mel Lastman Square on November 17, 2019.

Morocco freed itself from the French colonial rule on March 2, 1956, while independence was granted from Spain a month later on April 7, 1956. Although Morocco gained its independence on March 2, the North African country commemorates the anniversary of independence on November 18 instead, at the request of late King Hassan II who ascended to the throne after the death of his father in 1961.

Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that:

1. City Council increase the Approved 2019 Operating Budget for Non-Program by $75,625.00 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development 545 and 555 Wilson Avenue, (Source Account: XR3026-3700537), for the purpose of providing one-time capital funding to the Toronto Catholic District School Board for playground improvements at St. Norbert Catholic School located at 60 Maniza Road.

 
2. City Council direct that the $75,625.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.

The area that encompasses St. Norbert Catholic School (60 Maniza Road) has an increasing number of children and young families.  As a result, the schoolyard is dramatically undersized and new properties have been acquired by the Toronto Catholic District School Board to expand the grounds.  The Toronto Catholic District School Board will be reconstructing the school grounds in 2020 to incorporate the new properties into the larger space and has identified an opportunity to incorporate new play facilities on the site.  The children of the community will benefit from safe new play facilities which will provide healthy and fun options to keep the kids active, and would be available for use by community members outside of school hours.  This type of partnership is a win-win, as it benefits the school children during the day, enhancing their overall scholastic experience, and benefits the entire community outside of school hours as well.

The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 545 and 555 Wilson Avenue in the value $400,000 (together with indexing) to improving the existing recreational capital facilities in Ward 10 (Now Ward 6), with the specific expenditure to be determined through discussions between the Ward Councillor, Parks, Forestry and Recreation staff, City Planning staff and other City Divisions as required.

This Motion seeks City Council authority to release $75,625 of Section 37 funds to the Toronto Catholic District School Board for the purpose of funding school ground improvements at St. Norbert Catholic School located at 60 Maniza Road.

City Council approved Implementation Guidelines for Section 37 state that:

"Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution."

The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.

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

1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for The Momo House, 1422 Queen Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 1422 Queen Street West to operate under the name of The Momo House (the "Premises"). This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

This establishment is located in close proximity to residential dwellings. There are concerns that an establishment with a liquor licence can cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached.

This matter is deemed urgent as the deadline to object to the application is November 7, 2019.

Councillor Mike Colle, seconded by Councillor John Filion, recommends that:

1. City Council request the Chief Financial Officer and Treasurer to report to the Executive Committee, as part of the ongoing review of additional property tax and legislative change, on options to support businesses on options to mitigate the adverse impact of "highest and best use" valuation when using direct sales comparison approach by Municipal Property Assessment Corporation to determine Current Value Assessment for commercial properties.

2. City Council request the Chief Financial Officer and Treasurer to request a meeting with Provincial Ministry of Finance officials to seek tax relief from the impact of "highest and best use" valuation of small business properties.

A growing number of small business retailers are facing ever increasing property taxes due to extraordinary increases in assessment valuation by the Provincial Government's Municipal Property Assessment Corporation.

With the growing number of speculative pressures caused by the building of high-rise condominiums and rental high-rise on our main streets in the Yonge Street corridor and other main streets in the City core, it is important to call for the recommendations as noted above.

Councillor Mike Colle, seconded by Councillor John Filion, recommends that:

1. City Council request the General Manager, Transportation Services to undertake a study of the Upper Avenue Road area bounded by the 401 Highway to the north, Brooke Avenue to the south, Clyde Avenue on the west to Elm Road on the east, to help calm and control traffic in the area resulting from significant traffic volume caused by the 401 access ramps at Avenue Road, which result in constant overflow of Highway 401 traffic onto local residential streets; such study should look at measures that would help slow down traffic and enhance pedestrian safety in the area.

Upper Avenue, one of the vibrant neighbourhoods in Ward 8, serves as a major thoroughfare connecting the 401 Highway to the downtown core. As such, the neighbourhood, consisting of the commercial stretch of Avenue Road and its adjacent residential side streets, experiences a high volume of traffic on a daily basis as the 401 Highway ramps act as a direct gateway for motorists.

The purpose of this Motion is to review potential actions that can be taken to relieve the neighbourhood of vehicle speeding and traffic congestion and address traffic and pedestrian safety concerns.

Councillor Mike Layton, seconded by Councillor Kristyn Wong-Tam, recommends that:

1. City Council amend its decision on Item 2016.TE17.28 by:

a. deleting the following Part 1.e.ii in its entirety:

1.e.ii.  have obtained final Site Plan approval for such property, issued by the Chief Planner and Executive Director, City Planning;

and

b. amending Part 1.e.iii by deleting the word "full" so that Part 1.e.iii now reads as follows:

1.e. iii. provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.c.ii 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.

At its meeting of July 12, 2016, City Council adopted Item TE17.13 approving the Zoning Amendment application for the property at 68 and 70 Charles Street East and 628, 634, 636 and 638 Church Street. Concurrent with the zoning approval was Item 2016.TE17.28, the consideration of alterations pursuant to the Ontario Heritage Act to the designated heritage buildings located on the development site.  The Council decision required that a number of conditions be satisfied prior to the issuance of any heritage alteration permit.

The applicant has requested that the pre-approval conditions be amended to allow them to begin construction prior to the issuance of final Site Plan approval and to allow them to obtain a building permit prior to the submission of full building permit drawings for the entire project.

The reason for the requested change in the conditions is to allow the applicant to meet construction deadlines and to commence work on these buildings that are currently vacant. The applicant's Site Plan application has been submitted and is under review by City staff. The City's interests are being secured through other means, including a Heritage Easement Agreement, which has been executed by the applicant and has been registered. The applicant is also be required to provide a Letter of Credit to the City to secure the full amount of the heritage conservation work prior to the issuance of a permit.

Councillor Jennifer McKelvie, seconded by Councillor Cynthia Lai, recommends that:

1. City Council direct the Executive Director, Social Development, Finance and Administration to evaluate the methodology to designate Neighbourhood Improvement Areas to ensure it is fair to all areas of the City, including North Scarborough.

 
2. City Council direct the Executive Director, Social Development, Finance and Administration to determine the suitability of North Scarborough neighbourhoods, including Malvern, Milliken, and L’Amoreaux, as Neighbourhood Improvement Areas during the next City-wide review, and report back to the Economic and Community Development Committee in the fourth quarter of 2020 as part of this process.

A recently released report; ‘Double or Nothing,’ raises concerns with the data collection methodologies used to underpin and guide the neighbourhood improvement area designation process (Stapleton et al., 2019). The report identifies that none of Toronto’s current 31 neighbourhood improvement areas are in North Scarborough. However, when average incomes after tax and shelter are calculated, seven neighbourhoods north of the 401 in Scarborough have higher levels of poverty than those in designated neighbourhood improvement areas. For example, Malvern has the ninth lowest income in the City using this methodology, yet is not an neighbourhood improvement area. 

From 2005-2013, Malvern was included as one of the 13 Priority Areas (also called Priority Neighbourhoods and Priority Improvement Neighbourhoods). The entire area north of the 401, from Markham Road in the west and to Morningside in the east up to Finch was given this important status. But in 2014, Malvern lost priority status. The rational for removing Malvern was that it scored one point higher on the 2014 ranking system of neighbourhoods, and thus did not qualify (43.89, needed to be below 42.89). It was a disappointing mistake and an example of our City government failing neighbourhoods most in need.

Malvern benefited from priority status - residents felt they mattered and it stimulated community engagement. One of the positive outcomes of this energy was the creation of the SPOT Centre in the Malvern Public Library (Success Power Opportunity Teamwork). A year after priority status was lost, that same centre laid off its staff. Overall, since priority status was lost, workforce participation has declined.

Likewise, the north Scarborough neighbourhood of L’Amoreaux lost its Neighbourhood Improvement Area status in 2014. Malvern and L’Amoreaux represent significant portions of an area that has been dubbed the ‘East Steeles Nexus’. This area of Scarborough north of the 401 and east of Victoria Park has suffered from mediocre investments in subsidized and public housing, poor public transit planning, and some of the lowest incomes in Toronto. Through this Motion, we hope to improve the methodology used to designate neighbourhood improvement areas and further evaluate the need for communities in North Scarborough to receive neighbourhood improvement area status.

Reference: Stapleton, J., Maaranen, R. and Yanonne, Y. (2019). Double or nothing. Why northern Scarborough has no Neighbourhood Improvement Areas and what we can do about it. Open Policy Ontario. ISBN: 978-0-9918191-2-6 (PDF). Available at:

https://openpolicyontario.s3.amazonaws.com/uploads/2019/10/Double-or-Nothing_web-FINAL-R2.pdf

Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that:

1. City Council adopt the following recommendations in the report (October 23, 2019) from the Chief Planner and Executive Director, City Planning:

1. City Council refuse the issuance of a demolition permit for the heritage property at 206 Russell Hill Road, in accordance with Section 34 of the Ontario Heritage Act.

2. If the owner appeals City Council’s decision to refuse the issuance of a demolition permit under Section 34 of the Ontario Heritage Act for the heritage property at 206 Russell Hill Road, City Council authorize the City Solicitor and the necessary City staff to attend the Local Planning Appeal Tribunal (LPAT) hearing in opposition to the appeal.

On June 18, 2019, City Council stated its intention to designate the property. Following research and evaluation under Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, it was determined that the property at 206 Russell Hill Road merited designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value.

A complete Application to Demolish a Heritage Structure under Part IV of the Ontario Heritage Act was received and a Notice of Receipt was served on the applicant on September 3, 2019. In accordance with the provisions of the Ontario Heritage Act s.34(4), City Council is required to give the owner notice of its decision regarding this application within 90 days (by December 1, 2019).

The Toronto Preservation Board considered this matter at its meeting of October 21, 2019, and recommended that City Council refuse the application to demolish the property at 206 Russell Hill Road which is subject to an Intention to Designate. In order to ensure that the owner has received notice of the Council’s decision within the required 90 day period it is necessary for a Council decision to be made at its meeting on October 29, 2019. 

This Motion is urgent as the property is at risk of being demolished unless City Council makes a decision immediately.

Councillor Frances Nunziata, seconded by Councillor James Pasternak, recommends that:

1. City Council request the Province of Ontario to develop an accelerated environmental assessment process for public projects aimed to reduce the risk of flooding on public or private property.

On May 13, 2019 Premier Doug Ford spoke in the Legislature about the Ontario government's commitment to improving resilience to flooding. John Yakabuski, Minister of Natural Resources and Forestry, echoed the Premier's statement adding that "[their] number one priority is the safety of the public and the protection of communities and private property."

Residents throughout the City have been waiting for years for upgrades to municipal infrastructure that will help reduce the risk of flooding to both public and private property. Basement Flooding Investigation Environmental Assessments have been carried out throughout the City to develop plans to reduce the risk of flooding. In some cases these Environmental Assessments, some of which are still underway, have taken years to complete.

In 2008, Transit Projects Regulation – O. Reg. 231/08 was introduced in an effort to speed up the delivery of transit projects in Ontario. With the implementation of this regulation, transit projects are now exempt from the requirements to conduct individual or class Environmental Assessments and are instead subject to the much shorter Transit Project Assessment Process which takes six months to complete.

Communities throughout the City and across Ontario would benefit from a similar process so that measures to reduce the risk of flooding can proceed to design and eventually construction as soon as possible.

Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that:

1.  City Council request the Federal Government to adopt a Mental Health Parity Act to meet the Mental Health Commission of Canada’s target of one dollar spent on mental health services for every dollar spent on physical health, as detailed in the report Advancing the Mental Health Strategy for Canada: A Framework for Action (2017–2022).

2.  City Council request the Federal Government to provide $300 million annually to address Toronto’s mental health and addictions crises, and scale up evidence-based, community-oriented mental health services.

3.  City Council request the Federal Government to provide an additional $600 million annually to the City of Toronto to help build 18,000 new supportive housing units over 10 years.

Each year 20 percent of Canadians experience mental health and addiction issues. According to the Mental Health Commission of Canada, by age 40, at least 50 percent will have experienced a mental illness. Seventy-five percent of mental health disorders first appear before the age of 25. Residents, including youth and University of Toronto students have been vocal in identifying the urgent need for increased mental health supports to address a growing mental health crisis. At colleges and universities, the number of students with identified mental health disorders has more than doubled over the past five years. Suicide is the leading cause of death for young people aged 18-35.

In Canada, more than 6.7 million people are living with a mental health problem or illness today, compared to 1.4 million with heart disease and 2.2 million living with diabetes. The inadequate funding of mental health services has both direct and indirect costs to Canada’s economy that exceed $50 billion per year.

Toronto represents approximately 10 percent of the country’s population and urgently needs to address the mental health and addictions crises in its streets. Under-served populations living with mental health and addiction needs are in crisis and compounding Toronto’s affordable housing and shelter emergencies. We need immediate investment in mental health and addiction services, with coordinated strategies at all levels of government, that provide the structures and supports people need to address their health and social issues and create pathways to recovery and stabilization that ultimately improve the health and well-being of our communities.

Mental illness accounts for over 100,000 emergency room visits each year and 12,000 hospitalizations. Emergency room visits for intentional self harm are increasing and Toronto has experienced a 290 percent increase in emergency room visits for opioid poisoning/overdoses and a 181 percent increase in opioid related deaths since 2013.

Led by the Canadian Mental Health Association, on World Mental Health Day 2019, advocates, service providers and community members called upon federal parties to commit to national mental health funding parity and make an annual investment of $300 million per year in Toronto to immediately address Toronto’s mental health and addictions crises. They also repeated a call to the federal government for an increase in social spending by two percent and that Toronto be able to use these funds for supportive housing.

The $300 million annual funding investment would allow for scaled up evidence-based and community-oriented mental health services. This includes consumption and treatment sites, stepped care, managed opioid programs, increased access to psychotherapy and Housing First services for homeless people experiencing mental health and addiction problems, as well as more help for the 24,000 Toronto Community Housing tenants who lack access to mental health and addiction treatment services. Based on Toronto's population, a two percent increase in social spending would be equivalent to $600 million per year and these funds could help the City to meet its target of developing 18,000 new supportive housing units over 10 years.