Agenda

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July 24, 2020.

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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 of the regular meeting held on June 29 and 30, 2020.

Deterred Items:

North York Community Council Item NY14.1

North York Community Council Item NY14.5

Scarborough Community Council Item SC12.4

Scarborough Community Council Item SC12.6

Report of the Executive Committee from Meeting 15 on July 21, 2020

Submitted by Mayor John Tory, Chair

Report of the Board of Health from Meeting 18 on July 2, 2020

Submitted by Councillor Joe Cressy, Chair

Report of the Civic Appointments Committee from Meeting 13 on July 22, 2020

Submitted by Deputy Mayor Denzil Minnan-Wong

Report of the Economic and Community Development Committee from Meeting 14 on July 20, 2020

Submitted by Councillor Michael Thompson, Chair

Report of the General Government and Licensing Committee from Meeting 14 on July 7, 2020

Submitted by Councillor Paul Ainslie, Chair

Report of the Infrastructure and Environment Committee from Meeting 14 on July 9, 2020

Submitted by Councillor James Pasternak, Chair

Report of the Planning and Housing Committee from Meeting 15 on July 13, 2020

Submitted by Councillor Ana Bailão, Chair

Report of the Etobicoke York Community Council from Meeting 16 on July 14, 2020

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 16 on July 15, 2020

Submitted by Councillor James Pasternak, Chair

Report of the Scarborough Community Council from Meeting 16 on July 17, 2020

Submitted by Councillor Jennifer McKelvie, Chair

Report of the Toronto and East York Community Council from Meeting 16 on July 16, 2020

Submitted by Councillor Gord Perks, Chair

New Business submitted by City Officials 

Members of Council may file petitions.

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

City Council will review the Order Paper.

The North York Community Council recommends that:

1. City Council adopt Official Plan Amendment 490 which amends Schedule 2: The Designation of Planned but Unbuilt Roads of the Official Plan, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

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

3. City Council direct the City Solicitor, and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the Zoning By-law Amendment application subject to Recommendations 4 to 11 below.

4. City Council direct the City Solicitor, and appropriate City Staff to continue discussions to resolve the outstanding matters related to the Section 37 contribution for the lands at 2600 Don Mills Road, and if necessary, attend the Local Planning Appeal Tribunal to support the appropriate allocation of Section 37 benefits as it relates to 2600 Don Mills Road.

5. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 1,122 square metres (the "Parkland Dedication"), with the exact location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation as generally described in the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

6. City Council direct that the Parkland Dedication will be secured through the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including the following:

a. the owner's obligation to convey the Parkland Dedication and to design and construct base and above-base park improvements, on terms and conditions set out in the Section 37 Agreement;

b. the Parkland Dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and in acceptable environmental condition and is to be conveyed to the City prior to the issuance of the first above-grade building permit, pursuant to the park policies set out in Section 3.2.3 of the Official Plan and to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

c. the owner's obligation to coordinate with the owner of 1650 Sheppard Avenue East for the design, construction and completion of the base park, and if Recommendation 7 below is relied upon, above base park improvements for the combined parkland dedication between 2600 Don Mills Road and 1650 Sheppard Avenue East.

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the above base park improvements, should the owner elect to provide above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. The owner will required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120-percent of the Parks and Recreation Development Charges payable for the development; and the letter of credit will be required prior to the issuance of the first above grade building permit.

8. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold issuance of its Order on the Zoning By-law Amendment(s) until such a time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions, and, amongst other matters, includes:

i. securing the rental tenure of the existing rental units, securing of the needed improvements with no pass through of costs to tenants, a tenant communication plan, and a construction mitigation plan, together with other appropriate matters;

ii. securing the on-site parking ratios to the satisfaction of the General Manager, Transportation Services;

iii. securing a minimum of 10-percent of all new units in the proposed 33-storey building as 3-bedroom units;

iv. securing the required Parkland Dedication, and related matters, described in Recommendations 5 through 7 above.; and

v. the requirement for appropriate matters, services, and facilities to be provided by the owner, at its expense, and pursuant to Section 37 of the Planning Act and other matters necessary to support development;

b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the lands to the satisfaction of the City Solicitor, securing the benefits and various matters required to support the development outlined in the report (February 24, 2020) from the Acting Director, Community Planning, North York District;

c. the owner has, at its sole expense:

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

ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development and such matters may be secured through the Draft Plan of Subdivision process satisfactory to the Chief Planner and Executive Director, City Planning, Chief Engineer and Executive Director, Engineering and Construction Services and City Solicitor;

iii. made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

iv. submitted a revised Traffic Impact, Parking and Loading study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required;

v. provided revised sun/shadow and wind study for review and acceptance by the City Planning Division to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. submitted a Landscape Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, and that such matters arising from the Landscape Plan, including but not limited to, public realm improvements, any privately owned publicly-accessible spaces, including rights of support, easements, insurance where appropriate, will also be implemented through the Site Plan Approval and/or Draft Plan of Subdivision, where appropriate, and the details of terms and conditions relating to any potential privately owned publicly-accessible spaces and pedestrian connections, including indemnity and insurance requirements will be included in the Section 37 Agreement;

d. the owner, or jointly with the other owners on the Block constituting Leith Hill Road, Don Mills Road and Sheppard Avenue bounded by St. Timothy's School to the west in a manner satisfactory to the Chief Planner and Executive Director, City Planning, has submitted a Draft Plan of Subdivision for the lands, specifically the lands municipally known as 25 Leith Hill Road, 2600 Don Mills Road and 1650 Sheppard Avenue East, to implement the proposed development and redevelopment of the block and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site (if necessary), to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the Local Planning Appeal Tribunal has issued its decision with respect to Official Plan Amendment 476 (File No. 16 270525 NNY 33 OZ) associated with the property at 1650 Sheppard Avenue East which identifies the northwest quadrant of the Sheppard Avenue East and Don Mills Road intersection as a key development site having a maximum density of 3.99 times the lot area.

9. City Council direct that the following matters be addressed through the Site Plan Approval process:

a. should any mitigation measures be required resulting from the review of the sun/shadow and wind study, those mitigation measures will be secured within the Site Plan Control Agreement;

b. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the Toronto Catholic District School Board and thereafter shall implement the plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor and such general obligations, to be secured in the section 37 agreement; and

c. the owner shall convey the required right-of-way widening of 1.44 metres along Leith Hill Road to the City, including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

10. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a. a community benefit contribution with a value of no less than two million seven hundred thousand ($2,700,00.00) dollars, whereby the allocation of which will be negotiated with the owner and appropriate City divisions, including the local councillor;

b. should the community benefit contribution be directed to an on-site community facility, authorize the City Solicitor, and appropriate City staff, to obtain an interest in land, whether a stratified conveyance or leasehold interest, or otherwise acceptable arrangement in consultation with the Director, Real Estate Services, to implement the on-site community benefit facility, and where such a facility may involve other operating divisions, that the implementation of such a facility be consistent with City guidelines for such a facility;

c. the amount of funds allocated towards a community benefit referred to in Recommendation 10.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the Agreement to the date of payment;

d. in the event the amount of funds allocated towards a community benefit referred to in Recommendation 10.a. above cannot be directed for the determined purpose within five years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated towards a community benefit may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

11. City Council direct that the following matters are also to be secured in the Section 37 Agreement as matters required to support the development of the lands, including: 

a. the owner construct and maintain the development of the Site in accordance with Tier 2 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 3 or higher, where appropriate;

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

c. the owner shall continue to provide and maintain the 226 existing rental dwelling units in the existing apartment building at 2600 Don Mills Road as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. the owner shall provide, repair, operate and/or maintain at its sole expense, improvements for tenants of the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or his designate, including, but not limited to the following:

i. 1,259 square metres of new indoor amenity space in the new 33-storey residential building, which may include but not be limited to an indoor swimming pool, exercise spaces, a pet spa and multi-purpose spaces for use by tenants of the existing apartment building and new building, to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval;

ii. 360 square metres of programmed outdoor amenity areas on the site, including but not limited to outdoor seating and BBQs, a dog run to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval;

iii. a renovated two-storey lobby in the existing apartment building to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval. This renovated lobby for the existing apartment building shall be provided prior to issuance of the first above-grade building permit for the new 33-storey residential building;

iv. a new indoor recycling/bulk and organics storage area in the existing apartment building to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval; and

v. new indoor bicycle parking spaces and new outdoor bicycle parking spaces for tenants of the existing apartment building;

e. the owner shall provide, repair, operate and/or maintain, at its sole expense, additional improvements informed by the results of a tenant survey, to be identified and designed to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to Site Plan Approval;

f. the owner shall provide tenants of the existing apartment building with access to all indoor and outdoor amenities within and adjacent to the proposed buildings on the site at no extra charge to the tenants and with no pass-through cost to tenants of the existing building. Access and the use of these amenities shall be on the same terms and conditions as any other resident in the new buildings;

g. the owner shall provide and maintain 147 indoor vehicle parking spaces, to be made available to tenants of the existing apartment building. The owner shall provide tenants of the existing apartment building who rented or had access to a vehicle parking space prior to the Zoning By-law Amendment coming into force and effect with the first priority to rent of one of these 147 indoor vehicle parking spaces;

h. the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, new indoor and outdoor amenity spaces in the new 33-storey residential building and improvements and costs to facilitate the development of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

i. the owner agrees to implement the required mitigation measures from the accepted Wind Study, Parking and Traffic Impact Study, and Landscape Plan, through the Site Plan approval process for the Site to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning.

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

North York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

The application proposes to develop the site with a 33-storey infill residential building with a height of 102.35 metres plus mechanical penthouse that would contain 354 residential dwelling units, to the west of the existing 19-storey residential building.  Fifteen, three to four-storey townhouses are proposed fronting onto Don Mills Road. An additional 15 three to four-storey stacked townhouse units are proposed at the south of the site, fronting onto a new public street. The existing 19-storey rental apartment building containing 226 units would be retained.

At the North York Community Council meeting on April 4, 2016, the applicant at 1650 Sheppard Avenue East was directed to develop a Context Plan for the lands bounded by Leith Hill Road to the north, Don Mills Road to the east, Sheppard Avenue East to the south, and St. Timothy's Catholic School to the west. The Context Plan is to address a number of matters including the provision of roads, parkland, open space, pedestrian linkages, and urban design and built form policies. The Block Context Plan Official Plan Amendment is before North York Community Council as part of the Request for Directions Report for 1650 Sheppard Avenue East (File No. 16 270525 NNY 33 OZ). The subject site is located within the boundary of the Block Context Plan.

The Zoning By-law amendment application has been appealed to the Local Planning Appeal Tribunal (LPAT) on the basis that the city failed to make a decision within the prescribed time period set out in the Planning Act. The LPAT has scheduled a 5-day hearing to commence May 11, 2020.

The revised Official Plan Amendment application has not been appealed to the LPAT. The Official Plan Amendment application proposes to amend Schedule 2: The Designation of Planned but Unbuilt Roads within the Official Plan by adding three new public streets in the block bound by Sheppard Avenue East, Don Mills Road, Leith Hill Road, and St. Timothy's Catholic School.

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 conforms with the Toronto Official Plan, particularly as it relates to Apartment Neighbourhoods development criteria policies and the site is within close proximity to higher order transit and provides a range of housing types. The proposal conforms to the Sheppard East Subway Corridor Secondary Plan policies including sections related to the development node, and implementation. The Context Plan, draft Urban Design Guidelines, and associated Official Plan Amendment establish a planning framework for this quadrant, including the location of a new public road network, the requirement for a centrally located public park, policies to guide built form structure and transition, the requirement for provision of community services and facilities or affordable housing on each site, and holding provisions to ensure sufficient infrastructure exists and is installed. The proposal provides an appropriate separation and transition to the existing neighbourhoods, provides a new public road, and contributes part of a public road through the site which contributes to a larger public network through the quadrant as well as lands towards a new, centrally located public park.

The proposed increase in height and density is subject to Section 37 of the Planning Act. The applicant has agreed to a contribution of $2,700,000 for Section 37 benefits. Staff and the applicant are negotiating the allocation of the Section 37 contribution with the aim of securing the provision of a community service use on the site, but further discussion with various City Divisions is required. The applicant and City Staff will continue to work on the allocation of the contribution. Staff will report back to City Council regarding the Section 37 benefits secured for this site, if staff determine that it is necessary.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate city staff, attend the LPAT hearing in support of a settlement on the application based on the recommendations and comments contained within this report.

The North York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing in support of the revised Official Plan Amendment and Zoning By-law Amendment applications, subject to Recommendations 2 through 10 below.

2. City Council accept an on-site parkland dedication having a minimum size of 383 square metres and an off-site parkland dedication having a minimum size of 99 square metres on the lands municipally known as 2600 Don Mills Road, pursuant to Section 42 of the Planning Act and Chapter 415 of the Municipal Code (collectively "Parkland Dedication") with the exact location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation as generally described in the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

3. City Council direct that the Parkland dedication be secured through the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including securing the following:

i. the owner’s obligation to convey the Parkland Dedication and to design and construct base and above-base park improvements, on terms and conditions set out in the Section 37 Agreement;

ii. the Parkland Dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and in acceptable environmental condition and is to be conveyed to the City prior to the issuance of the first above-grade building permit, pursuant to the park policies set out in Section 3.2.3 of the Official Plan and to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

iii. the owner's obligation to coordinate with the owner of 2600 Don Mills Road for the design, construction and completion of the base park, and if Recommendation 4 below is relied upon, above-base park improvements for the combined parkland dedication between 1650 Sheppard Avenue East and 2600 Don Mills Road.

4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, should the owner elect to provide above base park improvements, for the design and construction by the owner of the above-base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. The owner will be required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120-percent of the Parks and Recreation Development Charges payable for the development; and the letter of credit will be required prior to the issuance of the first above grade building permit.

5. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold issuance of its Order on the Official Plan Amendment until such a time as the Tribunal has been advised by the City Solicitor that the final form and content of the Official Plan Amendment, substantially in accordance with the draft Official Plan Amendment in Attachment 9 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District, is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services.

6. City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold issuance of its Order on the Zoning By-law Amendment(s) until such a time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendment(s) have satisfactorily addressed the following matters to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions, and amongst other matters includes:

i. securing the rental tenure of the existing rental units, securing of the needed improvements with no pass through of costs to existing rental tenants, a tenant communication plan, and a construction mitigation plan, together with other appropriate matters;

ii. securing the on-site parking ratios to the satisfaction of the General Manager, Transportation Services; and

iii. securing a minimum of 10-percent of all units on the lands at 1650 Sheppard Avenue East as 3-bedroom units.

b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the lands to the satisfaction of the City Solicitor, securing the benefits and various matters required to support the development outlined in the report (February 24, 2020) from the Acting Director, Community Planning, North York District;

c. the owner has, at its sole expense:

i. submitted a revised Master Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Master Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development and such matters that may be secured through the Draft Plan of Subdivision process required through Recommendation 6.d. below satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor.

iii. has made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

iv. submitted a revised Traffic Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and

v. submitted a revised Landscape Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such matters arising from the Landscape Plan, including but not limited to, public realm improvements, any privately owned publicly-accessible spaces, including the rights of support, easements, insurance where appropriate, will also be implemented through the Site Plan Approval and/or Draft Plan of Subdivision, where appropriate, and the details of terms and conditions relating to any potential privately owned publicly-accessible spaces and pedestrian connection, including indemnity and insurance requirements will be included in the Section 37 Agreement;

d. the owner, or jointly with the other owners on the Block constituting Leith Hill Road, Don Mills Road, and Sheppard Avenue East bound by St. Timothy's School to the west in a manner satisfactory to the Chief Planner and Executive Director, City Planning, has submitted a Draft Plan of Subdivision for the lands, municipally known as 25 Leith Hill Road, 2600 Don Mills Road and 1650 Sheppard Avenue East, to implement the proposed development and redevelopment of the block and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site (if necessary), to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

7. City Council direct that the following matters be addressed through the Site Plan Approval process:

a. the owner, at its sole expense, will explore mitigation measures along the shared property line between 1650 Sheppard Avenue East and the Toronto Catholic District School Board (St. Timothy’s Catholic School), including, but not limited to, fencing, tree planting, vegetation, in consultation with Toronto Catholic District School Board, satisfactory to the Chief Planner and Executive Director, City Planning; and

b. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor and such general obligations, including the matters to be secured in the Section 37 agreement.

8. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act, securing the following community benefits as follows:

a. a cash contribution in the amount of one million and five hundred thousand ($1,500,000.00) dollars allocated as follows:

i. five hundred thousand ($500,000.00) dollars be directed towards eligible local capital improvements to be identified through a participatory budgeting process with the local Ward Councillor; and

ii. one million ($1,000,000.00) dollars directed towards new community services and facilities in the vicinity of the site, or towards improvements of existing facilities in the local area;

b. the cash contribution referred to in Recommendations 8.a.i. and 8.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the Agreement to the date of payment;

c. in the event the cash contribution referred to in Recommendations 8.a.i. and 8.a.ii. above cannot be directed for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated towards a community benefit may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

d. the owner shall provide and maintain at least 10 dwelling units as one-bedroom affordable rental dwelling units in the new 31-storey residential building on the lot. The minimum average unit size of the affordable rental dwelling units shall be at least 49 square metres. The affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units. The general configuration and layout of the 10 affordable rental dwelling units in the new 31-storey residential building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

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

f. The owner shall provide and maintain the affordable rental dwelling units at affordable rents for at least 15 years, beginning with the date that each such unit is first occupied. During the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

9. City Council direct that the following matters are also to be secured in the Section 37 Agreement as matters required to support the development of the lands, including:

a. that the owner construct and maintain the development of the Site in accordance with Tier 2 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 3 or higher, where appropriate;

b. that the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

c. that the owner shall continue to provide and maintain the 149 existing rental dwelling units in the existing apartment building at 1650 Sheppard Avenue East as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least twenty (20) years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such twenty (20) year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. that the owner shall provide, repair, operate and/or maintain improvements to the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, including but not limited to the following: 

i. a minimum of 296 square metres of new indoor amenity space in the existing apartment building, which shall include but not be limited to exercise and multi-purpose space for tenants, to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to Site Plan Approval; this new indoor amenity space shall be provided in the existing apartment building prior to issuance of the first above-grade building permit for the new 31-storey residential building;

ii. outdoor amenity areas, including a minimum of 299 square metres of exterior amenity for the existing apartment building, as illustrated in the Landscape Plans prepared by Rafael Bigauskas Architects dated June 24, 2019. This will include but not be limited to a new pedestrian courtyard for the existing front yard pick-up/drop-off area, and an outdoor patio with seating, shaded seating areas, and BBQs. Any changes to the Landscape Plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. enhanced accessibility within the existing apartment building, including but not limited to push button automatic door openers for common doors to be provided prior to issuance of the first above-grade building permit for the new 31-storey residential building;

iv. additional seating in the main lobby of the existing apartment building to be provided prior to issuance of the first above-grade building permit for the new 31-storey residential building;

v. a new indoor recycling/bulk and organics storage area in the existing apartment building as illustrated in the Architectural Plans prepared by Rafael Bigauskas Architects dated June 20, 2019; 

vi. indoor bicycle parking rooms containing 110 spaces on the P1 level and nine outdoor visitor bicycle parking spaces for tenants of the Retained Rental Units; and

e. that City Planning staff negotiate the details regarding the amenities to be provided and secure them as part of the Section 37 agreement.

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

g. that the owner agrees to implement the required mitigation measures from the accepted Wind Study, Parking and Traffic Impact Study, and Landscape Plan, through the Site Plan approval process for the Site to the satisfaction of the Chief Planner and Executive Director, City Planning.

10. City Council adopt the draft Context Plan Urban Design Guidelines, substantially in accordance with Attachment 10 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District and authorize the Chief Planner and Executive Director, City Planning to finalize these draft Guidelines in a form and content consistent with the Official Plan Amendment to be approved by the Local Planning Appeal Tribunal.

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

The North York Community Council directed City Planning staff to negotiate the details regarding the amenities to be provided and secure them as part of the Section 37 agreement. 

This application proposes to amend the Official Plan and Zoning By-laws in order to permit infill development on the site. The applicant proposes a 31-storey residential building, with a height of 94.5 metres plus mechanical penthouse that would contain 319 residential dwelling units, to be located to the north of the existing 15-storey residential building. Twelve 3-storey townhouses, with an overall height of 15.6 metres, are proposed at the eastern limit of the site, adjacent to Sheppard Avenue East. The existing 15-storey residential building containing 149 units will be retained.

At the North York Community Council meeting on April 4, 2016, the applicant was directed to develop a Context Plan for the lands bounded by Leith Hill Road to the north, Don Mills Road to the east, Sheppard Avenue East to the south, and St. Timothy's Catholic School to the west. The Context Plan is to address a number of matters including the provision of roads, parkland, open space, pedestrian linkages, and urban design and built form policies. The context plan forms part of this Official Plan Amendment.

The Official Plan and Zoning By-law amendment applications have been appealed to the Local Planning Appeal Tribunal (LPAT) on the basis that the city failed to make a decision within the prescribed time period set out in the Planning Act. The LPAT has scheduled a 5-day hearing for May 11, 2020 for 2600 Don Mills Road, which may be used as a Settlement Hearing for both 1650 Sheppard Avenue East and 2600 Don Mills Road. The LPAT has also set aside 5 days for a hearing commencing October 26, 2020, if a settlement cannot be reached.

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 conforms with the Toronto Official Plan, particularly as it relates to Apartment Neighbourhoods development criteria policies as the site is within close proximity to higher order transit and provides a range of housing types. The proposal conforms to the Sheppard East Subway Corridor Secondary Plan policies including sections related to the development node, and implementation. The Context Plan, draft Urban Design Guidelines, and associated Official Plan Amendment establish a planning framework for this quadrant, including the location of a new public road network, the requirement for a centrally located public park, policies to guide built form structure and transition, the requirement for provision of community services and facilities or affordable housing on each site, and holding provisions to ensure sufficient infrastructure exists and is installed. The proposal provides an appropriate separation and transition to the existing neighbourhoods, provides a new public road, and contributes part of a public road through the site which contributes to a larger public network through the quadrant as well as lands towards a new, centrally located public park. The proposed Section 37 benefits will include affordable dwelling units within the 31-storey building, as well as a cash contribution of $1.5 million dollars.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate city staff, attend the LPAT hearing in support of a settlement on the application based on the recommendations and comments contained within this report.

The Scarborough Community Council submits the item to City Council without recommendations.

Scarborough Community Council directed:

1. That the City Solicitor, Chief Planner and Executive Director, City Planning and appropriate City Staff attend a meeting with the local Councillors and the applicant, to discuss a possible resolution in advance of the January 29, 2020 City Council meeting and that the City Solicitor report to City Council at the January 29, 2020 meeting with the outcome of the discussions.

This application proposes to amend the Toronto Official Plan to add a Site and Area Specific Policy (SASP) for the lands known as the Eglinton Square lands (1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14-26 and 19-23 Engelhart Crescent, and 64-68 Harris Park Drive) to permit a mixed use development.  The SASP would provide for a mixed-use community to develop over time on the lands.  The mixed-use development would include multiple tall buildings with a range of building heights and stacked townhouses with a total of 1,630 residential units and 26,004 m2 of new retail uses proposed to be developed in five (5) blocks.

The Official Plan Amendment (OPA) application was submitted on October 4, 2016, and has been appealed to the Ontario Municipal Board (OMB), now the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act.  The appeal was filed on November 10, 2017.

A related Rental Housing Demolition and Conversion application (File No. 16 230698 ESC 35 RH) under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) was also submitted on October 4, 2016 to allow for the removal of 91 rental units in eight (8) existing apartment buildings, to be replaced elsewhere in the future redevelopment of the site. Review of this application is underway and a decision on this application will be deferred until such time as a decision has been made by the LPAT on the OPA application, and a decision has been made on the Zoning By-law Amendment (17 242390 ESC 35 OZ) application for these lands.

On December 16, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission

Letter"). The Resubmission Letter advised that the applicant has amended its application to include all of its lands inclusive of the existing shopping mall, and excepting the block containing existing rental dwelling units (known as Block E in the original application), including a proposed density of 4.9 times the area of its lands. The letter cites that the reason it is amending its application is because the City asked the applicant to resubmit to include all of its holdings. The City, as common in many applications, requests a block context plan to understand how the development proposal fits within the larger context including other sites. This is especially the case in an emerging development area that will be the subject of major redevelopment in the future. City Staff did not request or invite a resubmission to include the shopping mall block, but only to illustrate the development proposal in the larger context that happens to include lands within the same land holdings as the subject lands.

The Resubmission Letter was not accompanied by any supporting reports or update letters from the original application, as acknowledged in the Resubmission Letter. City Staff are not in a position to adequately review, circulate and comment on the revised proposal given the timelines and lack of a complete submission package. It is unusual to receive a revised submission requesting additional density from an original submission and therefore the original supporting reports cannot be used to support the revised proposal.

Without a circulation and review, City staff cannot support the revisions.  Should the applicant intend to pursue a revision to its application, they should formally resubmit and provide the required documentation for City staff to review and after a reasonable circulation period, City staff will seek further direction. Until that time the City cannot establish a fulsome list of issues in opposition of the revised application at a hearing before the LPAT.  Accordingly, the report largely addresses the original application, however also recommends that the City Solicitor oppose the revised application.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the LPAT hearing to oppose the application in its current form. City staff have concerns with how the proposed Official Plan Amendment can be supported in the context of the GMSP consultants' reports and recommendations for the broader Golden Mile area and for the subject site.  

The GMSP consultants Transportation Master Plan ("TMP"), Community Infrastructure Strategy and the Master Servicing Plan ("MSP") provide comprehensively analyzed information to assist with the direction on how growth can be accommodated within the Golden Mile Area.  These studies will also be used to inform the emerging policy direction in the proposed Golden Mile Secondary Plan, as presented in the report dated December 20, 2019, and being considered at the January 8, 2020 Scarborough Community Council meeting.  The proposed Official Plan Amendment, in its current form, is not consistent with the Provincial Policy Statement (PPS 2014), does not conform with the Growth Plan (2019), and does not conform to the City's Official Plan.

This report also recommends that the City Solicitor and appropriate City staff be authorized to continue discussions with the applicant in an effort to address the issues outlined in this report.

The Scarborough Community Council submits the item to City Council without recommendations.

Scarborough Community Council directed:

1. That the City Solicitor, Chief Planner and Executive Director, City Planning and appropriate City Staff attend a meeting with the local Councillors and the applicant, to discuss a possible resolution in advance of the January 29, 2020 City Council meeting and that the City Solicitor report to City Council at the January 29, 2020 meeting with the outcome of the discussions.

This application originally submitted on December 22, 2016, proposes to amend the Official Plan to add a Site and Area Specific Policy ("SASP") for the lands at 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (Choice lands) to permit a mixed-use development with new streets and parkland.  The SASP would provide for a mixed-use community that would include a range of building heights from one-storey to 39-storeys, 2,614 residential units (242,799 square metres of residential uses) and 30,629 square metres of non-residential uses, with a proposed gross Floor Space Index ("FSI") of 3.5 times the area of the site, for a total gross floor area of 273,428 square metres.  The subject lands are located within the Golden Mile Secondary Plan study area. 

The Official Plan Amendment application was submitted on December 22, 2016, and has been appealed to the Ontario Municipal Board ("OMB"), now the Local Planning Appeal Tribunal ("LPAT") citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act.  The appeal was filed on March 5, 2018.

On November 8, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission Letter").  The Resubmission Letter advised that the applicant has amended its application, including an increase in  proposed density to 4.28 times the area of the lands, comprising of approximately 3,291 residential units (303,215 square metres of residential uses) and 31,173 square metres of non-residential uses, for a proposed total gross floor area of 334,928 square metres. The Resubmission Letter also provided an updated OPA by-law, which provides for upwards of 340,000 square metres of gross floor area, which is a significant increase of approximately 61,500 to 66,572 square metres of gross floor area.

 
The Resubmission Letter was not accompanied by any supporting reports or update letters from the original application, as acknowledged in the Resubmission Letter.  City Staff are not in a position to adequately review, circulate and comment on the changes to the application given the lack of a complete submission package.  It is unusual to receive a revised submission requesting additional density from an original submission accompanied without supporting documentation and therefore the original supporting reports cannot be used to support the revised submission.

Should the applicant intend to pursue a revision to its application, it should formally provide the required documentation for City staff to review and to determine how to proceed with the revised submission. Until that time, city staff cannot provide fulsome, comprehensive analysis of the revised submission to provide recommendations to City Council for consideration. Accordingly, the report largely addresses the original application, however it also recommends that the City Solicitor oppose the revised application.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the LPAT hearing to oppose the original application and the with prejudice settlement offer dated November 8, 2019, in its current form.  City staff have concerns with how the proposed Official Plan Amendment can be supported in the context of the GMSP consultants' reports and recommendations for the broader Golden Mile area and for the subject site.  

The GMSP consultants Transportation Master Plan ("TMP"), Community Infrastructure Strategy and the Master Servicing Plan ("MSP") provide comprehensively analyzed information to assist with the direction on how growth can be accommodated within the Golden Mile Area.  These studies will also be used to inform the emerging policy direction in the proposed Golden Mile Secondary Plan, as presented in the report dated December 20, 2019, and being considered at the January 8, 2020 Scarborough Community Council meeting.  The proposed Official Plan Amendment, in its current form and the November 8, 2019, settlement offer are not consistent with the Provincial Policy Statement (PPS 2014), do not conform with the Growth Plan (2019), and does not conform to the City's Official Plan.

This report also recommends that the City Solicitor and appropriate City staff be authorized to continue discussions with the applicant in an effort to address the issues outlined in this report.

The Executive Committee recommends that:

1.  City Council authorize the implementation of Reserved Bus Lanes on the Eglinton East corridor, in the following sections:

a.  Eglinton Avenue East from Brimley Road to Cedar Drive;

b.  Kingston Road from Eglinton Avenue East to Morningside Avenue; and

c.  Morningside Avenue from Kingston Road to Ellesmere Road.

2.  City Council enact the amendments to traffic and parking regulations associated with Recommendation 1 above, and as described in Attachment 1 - Amendments to Traffic and Parking Regulations to the report (July 7, 2020) from the General Manager, Transportation Services.

3.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services to consider amendments to the proposed Bus Priority Transit Lane along Steeles Avenue West, from Yonge Street to Pioneer Village Subway Station, which would also permit High Occupancy Vehicles (2 or more passengers), cargo bikes (when approved), taxis, and cyclists as well as the accommodation of vehicle funeral processions on this route.

4.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services, well in advance of considering the implementation of a dedicated bus lane or busway on Sheppard Avenue East, to:

a. conduct a study that analyses and models traffic patterns, congestion, and delays on the current road network for the road or roads affected. Such analysis should then be compared to the impact that a dedicated busway installation will have on the future road network;

b. conduct a robust consultation with the local Councillor, with special emphasis on local communities that would be affected by a dedicated bus lane or busway on Sheppard Avenue East and with the results of such consultation to be made public; and

c. conduct consultations in the form of public meetings (rather than open houses) where residents have the opportunity to have an open dialogue with their neighbours.

5.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services, well in advance of considering the implementation of a dedicated bus lane or busway on Lawrence Avenue East, to: 

a.  undertake extensive study following the completion and full operation of the Eglinton Crosstown LRT to understand any changes in transit and road use.

b. consult with the local Councillors whose Wards are directly affected by any material changes in Lawrence Ave East, prior taking any further action.

c.  provide proper, sufficient and full notice to affected local communities prior to further consideration of this matter.

6.  City Council request the City of Toronto to work with local Scarborough agencies to identify and employ local youth from the Neighbourhood Improvement Areas to paint the required lines for the Bus Lane Implementation Plan along the Eglinton East corridor.

7.  City Council request the City of Toronto Office of Recovery and Rebuild to advocate for provincial and federal funding to accelerate implementation of the Bus Lane Implementation Plan, in conjunction with the work being done by Toronto Transit Commission for emergency relief funding with the federal and provincial governments.

8.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services to collect extensive community feedback for each Transit Priority Corridor, before they are fast-tracked and implemented.

9.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, to release all data collected in the ongoing operation of the Eglinton East Corridor - Priority Bus Lanes as its own open dataset in the City of Toronto Open Data Portal.

10.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services, to prioritize busways on streets that do not have existing LRT or Subways above or below ground.

11.  City Council request the Toronto Transit Commission Board to request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services to conduct a robust consultation with the local communities and Stakeholders that would be affected by a dedicated bus lane on Dufferin Street, and that such consultations start immediately and be taken into consideration as part of the Transit Network Implementation Study.

The General Manager, Transportation Services gave a presentation on the Eglinton East - Priority Bus Lanes.

The report seeks Council authority to install approximately 8.5 kilometres of priority bus lanes on Eglinton Avenue East, Kingston Road, and Morningside Avenue - along the same alignment as the proposed Eglinton East Light Rail Transit.

Work commenced in 2018 on Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook in collaboration with Transportation Services and City Planning to examine ways to provide more priority to surface transit routes throughout the City of Toronto.  In December 2019, the Toronto Transit Commission Board approved the Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook (the Plan) which identified service improvements to public transit in the City of Toronto in 2020-2024 and beyond. The Plan identified five candidate corridors and the Toronto Transit Commission Board identified a sixth for consideration:

- Eglinton East corridor, Kennedy Station to University of Toronto Scarborough campus, along Eglinton Avenue East, Kingston Road, and Morningside Avenue;

- Jane Street, between Eglinton Avenue West and Steeles Avenue West;

- Dufferin Street, between Wilson Avenue and the Dufferin Gate Loop;

- Finch Avenue East, between Yonge Street and McCowan Road;

- Steeles Avenue West, between Pioneer Village Station and Yonge Street; and

- Lawrence Avenue East.
 

Reliable transit service plays a vital role in keeping our City moving. As Toronto starts to recover from COVID-19, and businesses reopen, motor vehicle traffic volume is likely to increase as people with access to personal vehicles seek to maintain physical distance from others on their journeys. It is anticipated that increased motor vehicle volumes will impact surface transit operations. Surface transit must remain an attractive mode of travel to support economic recovery, environmental sustainability, efficient mobility, and social vibrancy. Implementing surface transit priority measures on the subject corridors improves access and mobility for city residents by providing fast and reliable connections to the city-wide transit network of subways, other bus routes, and GO Transit stations.

Working as an integrated team, staff in Transportation Services, City Planning and the Toronto Transit Commission undertook a preliminary review of the five corridors identified in the Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook to determine implementation priority, with a focus on which could be delivered quickly to deliver benefits to transit users and transit operations. These corridors represent a subset of over 100 corridors evaluated by the integrated City/Toronto Transit Commission team to identify the most promising candidate roadway segments for prioritizing surface transit city-wide. The candidate list of roadway segments evaluated by the team was informed in part by the surface transit priority corridors established by the Council-approved Official Plan Amendment for Transportation (PH13.3). The corridors identified under Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook represent the first phase of a city-wide surface transit implementation plan emerging from the Surface Transit Network Implementation Study, expected to report in the fourth quarter, 2020.

Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook provided a five-year horizon for implementation of surface transit priority on the identified corridors. The Toronto Transit Commission Board adopted a Member Motion at its June 17, 2020 meeting requesting accelerated installation of surface transit priority measures on the corridors.

Eglinton East emerged as the top candidate for the accelerated installation of priority bus lanes based on an assessment of a number of factors including improvement to transit reliability, available right-of-way and considerations for transportation equity and inclusion of Neighbourhood Improvement Areas. Implementation of the priority bus lane on the Eglinton East corridor is expected in Fall 2020.

Jane Street was the next candidate and following further development work staff will report later this year with an expectation that Jane Street will move to implementation in Spring 2021. The four remaining corridors will be prioritized through the emerging Surface Transit Network Implementation Study, expected to report in the fourth quarter of 2020.

At its meeting on July 14, 2020, the Toronto Transit Commission Board considered the attached report titled "Bus Lane Implementation Plan".

The Board adopted the recommendations in the report as follows:

It is recommended that the Toronto Transit Commission Board:

1.  Approve the recommended prioritization of the five priority bus corridors
 

a.  Priority A - Eglinton East
 

b.  Priority B - Jane Street
 

c.  Priority C - Dufferin Street, Finch East and Steeles Avenue West

2.  Approve the creation of a new capital project entitled Bus Lane Implementation at a cost of $7.628 million with funding to be reallocated from the following capital projects:
 

a.  $6.98 million from the Toronto Transit Commission's 2020 Capital Budget Subway Asbestos Removal Program (IO 6068);
 

b.  $400,000 from the Construct BRT Lines on the Avenues – EA capital project
(IO 6362); and

c.  $250,000 from the Opportunity to Improve Transit Services capital project. (IO6713)
 

3.  Direct staff to report back in December 2020 on results of community consultations, a detailed design, implementation plan and capital costs for Jane Street.
 

4.  Direct staff to forward this report to the City of Toronto and specifically, the City Clerk, the General Manager of Transportation Services Division and the Chief Planner and Executive Director, City Planning.

Decision Advice and Other Information:

The Toronto Transit Commission Board also adopted the following member motions:

1. That the Toronto Transit Commission request that the City of Toronto work with local Scarborough agencies to identify and employ local youth from the Neighbourhood Improvement Areas to paint the required lines for the Bus Lane Implementation Plan along the Eglinton East corridor.

 
2.  That the Toronto Transit Commission Board request the City of Toronto Office of Recovery and Restart to advocate for provincial and federal funding to accelerate implementation of the Bus Lane Implementation Plan, in conjunction with the work being done by Toronto Transit Commission for emergency relief funding with the federal and provincial governments.
 

3.  That the Toronto Transit Commission Board request the Chief Executive Officer to report back on the operating cost impacts of service reliability delays by route for all five bus priority corridors for the Board's September 24, 2020 meeting.
 

4.  That the Toronto Transit Commission Board request the Chief Executive Officer to work in partnership with the General Manager, Transportation Services, City of Toronto to accelerate transit priority measures on all five bus priority corridors and integrate this direction into the Surface Transit Network Implementation Study.

5.  That the Toronto Transit Commission Board request the Chief Executive Officer to continue acceleration of transit priority measures on the four remaining transit priority corridors (Jane, Steeles West, Finch East and Dufferin) and target installation for Priority B and Priority C corridors in 2021 with a report back on status in the fourth quarter of 2020.
 

6.  That the Sheppard Avenue East study for bus enhancements, including the possibility of dedicated lanes between the Sheppard Subway and Agincourt GO Station (requested by the Board in its February 2020 meeting), be brought into alignment with the projects referred to as Priority C and reported back at the same time.

The recommendations of the Toronto Transit Commission Board as set out above are submitted for City Council approval through the Executive Committee.

The Executive Committee recommends that:

1.  City Council approve the terms and conditions summarized in Confidential Attachment 1 to the report (July 7, 2020) from the City Manager, and authorize the City Manager to enter into an Agreement with the Federation of Canadian Municipalities and the Toronto Atmospheric Fund for a $40 million contribution to the Toronto Atmospheric Fund, as an endowment of $38 million and a $2 million operating grant, in accordance with these terms and such other terms and conditions as may be satisfactory to the City Manager, in a form satisfactory to the City Solicitor.

2.  City Council authorize the Chief Financial Officer and Treasurer to receive the $40 million from the Federation of Canadian Municipalities and transfer the funds to the Toronto Atmospheric Fund, in accordance with the Toronto Atmospheric Fund Act, 2005.

3.  City Council authorize the Toronto Atmospheric Fund to obtain a Line of Credit of up to $1.6 million secured by the federal endowment once the funds are received.

4.  Council approve the action of the Toronto Atmospheric Fund Board with respect to having borrowed up to $250,000 from the City endowment to cover start-up costs related to the federal endowment.

5.  City Council authorize the City Manager, in consultation with the Toronto Atmospheric Fund, to amend the Toronto Atmospheric Fund Relationship Framework to align with the Agreement in a form satisfactory to the City Solicitor. 

6.  City Council authorize the Toronto Atmospheric Fund to undertake financial commitments, liabilities and contractual obligations for up to six months beyond the 2018-2022 term of City Council, for which transactions are to be calculated as part of the City's debt and financial obligation limit under Subsection 11(8) of the Toronto Atmospheric Fund Act, 2005.

7.  City Council authorize the public release of Confidential Attachment 1 to the report (July 7, 2020) from the City Manager, once the Agreement is executed between the Federation of Canadian Municipalities, the Toronto Atmospheric Fund and the City of Toronto and the federal contribution has been received.

The City Manager is seeking City Council approval to execute an agreement between the City of Toronto, the Toronto Atmospheric Fund and the Federation of Canadian Municipalities for a $40 million contribution from the Government of Canada to Toronto Atmospheric Fund to support the Low Carbon Cities Canada project. Pending confirmation from the Government of Canada, the contribution via the Federation of Canadian Municipalities Green Municipal Fund is structured as a $38 million perpetual endowment and a $2 million operating grant.

The Toronto Atmospheric Fund Board of Directors approved the terms of the Agreement at its meeting on July 6, 2020. Under the Toronto Atmospheric Fund Act, 2005 and the draft Agreement, City Council is required to approve the terms of this agreement. This report seeks approval of the terms and conditions for the Agreement found in Confidential Attachment 1, and authority for the City Manager to resolve any outstanding issues and execute the Agreement on behalf of the City of Toronto.

In its March 2019 budget, the Government of Canada provided $350 million to Federation of Canadian Municipalities for a national urban climate action program. These funds include $183 million to establish  the Low Carbon Cities Canada initiative, which is a network of seven climate action centres – Toronto, Vancouver, Edmonton, Calgary, Ottawa, Montreal and Halifax– that will be modelled on Toronto Atmospheric Fund and promote local grants and initiatives. Toronto Atmospheric Fund, as an Low Carbon Cities Canada centre, will receive $40 million of the Low Carbon Cities Canada funding to enhance its capacity to accelerate low-carbon solutions in the Greater Toronto and Hamilton Area.

The federal $40 million contribution will bring Toronto Atmospheric Fund's asset value to approximately $90 million, including the City's initial 1992 endowment of $23 million, the 2017 endowment of $17 million from the Government of Ontario, and investment earnings. The Low Carbon Cities Canada Agreement builds on the current endowment model where Toronto Atmospheric Fund's annual operating costs are funded by the proceeds from investing the endowment funds. The terms align with Toronto Atmospheric Fund's accountability and obligations to City Council for the City and Provincial endowments, and provide for Federation of Canadian Municipalities governance over the federal endowment within Toronto Atmospheric Fund's existing frameworks outlined in the Toronto Atmospheric Fund Act, 2005, the City-Toronto Atmospheric Fund Relationship Framework and Toronto Atmospheric Fund's Statement of Investment Objectives and Principles.

Confidential Attachment 1 summarizes the terms of the Agreement. Through the Low Carbon Cities Canada Agreement, Federation of Canadian Municipalities confers to Toronto Atmospheric Fund the terms and conditions of their Agreement with the Government of Canada related to reporting, communication and performance standards. Ultimately, within the parameters of the Agreement, it entrusts the management of federal funds to the City-appointed Toronto Atmospheric Fund Board. The composition and governance structure of the Toronto Atmospheric Fund Board and its accountabilities to City Council remain unchanged, with the exception of Federation of Canadian Municipalities representation on Toronto Atmospheric Fund's Investment Committee.

The Low Carbon Cities Canada initiative aligns with and will advance the goals of the City's TransformTO Climate Strategy and strengthens the work of the Federation of Canadian Municipalities and the City of Toronto which together seek to build federal-municipal relationships.

The Executive Committee recommends that:   

1.  City Council direct that the Active Benefits Plan for Management/Non-union employees, Accountability Officers and Elected Officials, be amended as outlined in Attachment 1 to the report (July 7, 2020) from the City Manager and the Chief People Officer.

2. City Council approve the requirements to provide medical certificates for Management/Non-Union employees as outlined in Attachment 1 to the report (July 7, 2020) from the City Manager and the Chief People Officer.

3. City Council direct that the Pre-65 Retiree Benefit Plan for Management/Non-union employees and Accountability Officers, be amended, where applicable, for employees who retire on or after August 1, 2020, as outlined in Attachment 1 to the report (July 7, 2020) from the City Manager and the Chief People Officer.

The purpose of this report is to provide recommendations regarding the proposed changes to the benefits plan for Management/Non-union employees, Accountability Officers and Elected Officials.  The proposed changes outlined in this report arise from staff's review of the benefit plan changes, following the recently concluded collective bargaining with TCEU, Local 416 and CUPE, Local 79.

The Executive Committee recommends that:

1.  City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Chief Financial Officer and Treasurer, to negotiate and execute a non-competitive agreement with PayIt for a three year term, plus two one-year renewals at the option of the City, to develop and deliver a digital government platform for City services, on terms and conditions to the satisfaction of the Deputy City Manager, Corporate Services and as generally outlined in this report, and in a form satisfactory to the City Solicitor.

2.  City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Chief Financial Officer and Treasurer to further negotiate and execute with PayIt, as part of the agreement contemplated in Recommendation 1 above, or in a further amending agreement, such other potential benefits for the City that may be achieved through commercial arrangements with PayIt, such as the co-development of innovative solutions to enable the scaling of this platform in the Canadian marketplace, as may be deemed appropriate in the opinion of the Deputy City Manager, Corporate Services, in consultation with the Chief Financial Officer and Treasurer. 

3.  City Council authorize user fees for online card payments using the PayIt system at 2.35 percent of the payment amount for online credit card transactions, and 1.5 percent of the payment amount for online debit card transactions, commencing with online card payments for property taxes, utilities and parking fines, and direct the Deputy City Manager, Corporate Services, and the Chief Financial Officer and Treasurer to work with PayIt to expand the permitted services for which online card payment user fees can be charged, and authorize the necessary amendments to City of Toronto Municipal Code, Chapter 441, Fees and Charges and any other necessary Municipal Code Chapters as may be required.  

4.  City Council delegate authority to the Chief Financial Officer and Treasurer to establish polices and guidelines regarding payment methods for fees and charges to be accepted by the City, including ensuring such policies will always include a free payment method option for customers, as well as to reduce the burden of credit cards where possible, and to amend City of Toronto Municipal Code Chapter 441, Fees and Charges, and any other relevant Code Chapter, to delete the current acceptable payment methods of fees and charges.

For the City of Toronto, it is clear that our current state and approach towards modernization requires critical acceleration and new innovative partnerships.  The City has been working on a customer experience transformation for the past few years, however we are now required to work at unprecedented speed and scale, with greater impact and outcomes.  Reimagining our service and facilities, the way we equitably interact with residents, businesses, and visitors, and our shift to digital is a prime focus. 

Our digital government vision, is a connected and equitable Toronto with an affordable, accessible and resilient digital environment as a public service for all.  Specifically:

- Digital service delivery to the public to improve the overall service experience;

- Digital equity and inclusion to bridge the digital divide and access to service for underserved communities;

- Digital resilience and agility to assure service continuity and adapt to shocks; and

- Digital partnerships and revenue-generation to drive financial sustainability and economic growth.

Now, more than ever, the need to scale delivery of digital government services and engagement is a focus. Public health standards, fiscal realities and customer expectations and increased comfort level for fully digital experiences require the City to accelerate at an unprecedented rate. "Business as usual" is not an option.  The pandemic has pushed digital services to the forefront. Toronto residents, businesses and visitors want simple, convenient, and connected service from the City, similar to the way they interact with their banks. The City must take steps to transform our services to meet public expectations on digital experiences, leveraging technology and human-centered design, to create relationships built on trust and confidence.

Driving a digital government supports some key priorities of the City’s Corporate Strategic Plan, "Financial Sustainability" and "Well Run City".  The City is committed to work and partner with stakeholders to ensure value and affordability for taxpayers, adequately fund municipal services and infrastructure.  One step towards this goal is implementation of digital government platforms that accelerates the City's financial transformation, and offer more convenient payment options for customers, in a seamless and centralized approach. The City has an opportunity to leverage the industry for innovative partnerships, in particular those who have expressed openness in exploring potential for co-design and innovation with the City.

This report seeks City Council authority to enter into a non-competitive contract with PayIt that will transform how the public interact with the City.  The Toronto digital government platform approach will drive consistent City-wide digital customer service experience.   In the case of PayIt, both the City and PayIt recognize that the innovative partnership co-design model means the City's efforts will contribute to the quality of continuous service improvements for the City and potentially beyond. Staff is seeking authority so that negotiations with PayIt can include consideration of other valuable potential benefits to the City through the commercial arrangements with PayIt, including the co-development of innovative solutions to enable the scaling of digital platforms in the Canadian marketplace.

The following outcomes will be key benefits to the City:

1.  Improved Customer Experience - Provide residents, businesses and visitors with a unified digital experience that brings services and information to the touch of their hand, flattening divisional silos and presenting services in a way that is intuitive, personalized and simplified – one identity and account, one digital wallet, one contact for notifications and e-bills for example (see Attachment 1, City's Digital Customer Experience Vision). 

 
2.  Payment Centralization and More Payment Options – Financial transformation means providing more digital payment options to customers in a standardized way across the city, such as credit, debit, and Electronic Fund Transfer and e-chequing, while phasing out more costly forms of payment, respecting access and equity concerns.  A centralized payment and billing platform would replace the public-facing portion of the 22 systems that exist today and automate reporting and reconciliation across the City.

 
3.  Risk and Reward - The proposed partnership with PayIt is attractive because they are compensated based on the City's digital adoption rate for payment.  PayIt would front the capital investment and are rewarded based on shifting volumes to digital payment, meaning incentives are aligned and the City realizes significant reductions in operating costs.

The Executive Committee recommends that:

1.  City Council approve additional carry forward funding of $440.9 million from unspent capital projects funding as detailed in Appendices 1a, 1b and 2 to the report (July 7, 2020) from the Chief Financial Officer and Treasurer, in order to continue work on previously approved capital projects in 2020 and beyond, and that the 2020 Approved Capital Budget for respective City Programs and Agencies be adjusted accordingly with no incremental impact on debt.

2.  City Council approve in-year budget adjustments to the 2019 Approved Capital Budget as detailed in Appendices 3, 4, 5 and 6 to the report (July 7, 2020) from the Chief Financial Officer and Treasurer for Parks, Forestry and Recreation, Transportation Services, Toronto Public Library, Toronto Transit Commission respectively, with no incremental impact on 2020 debt funding as a result of these adjustments.

3.  City Council approve in-year budget adjustments to the 2020-2029 Approved Capital Budget and Plan as detailed in Appendix 7 to the report (July 7, 2020) from the Chief Financial Officer and Treasurer for Shelter, Support and Housing Administration, with no incremental impact on 2020 debt funding as a result of this adjustment.

During the 2020 budget process, City Council approved $898.8 million of previously approved unspent capital projects to be carried forward to 2020 to continue the project delivery in 2020. The approved carry forward amount was based on the initial estimate prior to 2019 year-end closing. With the 2019 fiscal year closed in March 2020, City Programs and Agencies have finalized the 2019 actual project spending as well as the total carry forward request. As a result, the purpose of this report is to seek Council's approval for an additional $440.9 million carry-forward funding, of which $400.3 million to be carried to 2020 and $40.6 million to 2021 and 2022, to enable staff to complete 2019 and prior year approved capital projects.

With the additional carry forward request, the total 2019 and prior years capital carry forward funding will be $1.340 billion, and the total Council approved 2020 Capital Budget including previously approved carry forward amount will be $4.866 billion.

The recommended carry forward funding adjustments have no impact on the City's approved debt for 2020.

This report also brings forward in-year Capital Budget Adjustment requests for 2019 and future years. Programs and Agencies were not able to bring forward these adjustment requests earlier due to changes in scheduled committee meeting dates as a result of the COVID-19 emergency. Approval of these requests are needed as City Council's authority is required to continue with the project delivery. The details can be found in Appendix 3 to 7.

The Executive Committee recommends that:

1.  City Council approve in-year budget adjustments to the 2020-2029 Approved Capital Budget and Plan as detailed in Appendix 2 to the report (July 7, 2020) from the Chief Financial Officer and Treasurer that result in no incremental impact on debt financing.

The purpose of this report is to provide City Council with the City of Toronto capital spending for the five month period ended May 31, 2020, as well as projected expenditures to December 31, 2020. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2020 Approved Capital Budget and Plan that have no impact on 2020 approved debt.

As illustrated in Table 1 below, City's 2020 capital expenditure was $1.032 billion or 22.3 percent of the 2020 capital budget of $4.635 billion for the period ended May 31, 2020 and is projecting to expend $3.844 billion or 82.9 percent by December 31, 2020

Table 1 - Capital Variance Summary

*Note: Includes 2019 carry forward funding and 2020 in-year adjustments

The Capital spending pattern for the first quarter typically ranges between 5.4 percent and 13.1 percent of the total Council Approved Capital Budget compared to 22.3 percent spend as of five months. Total City projected spend of 82.9percent by year-end is comprised of a Tax Supported Programs spending rate of 82.8 percent and a Rate Supported Programs spending rate of 83.3 percent.

Projected underspending by year-end totals $791 million or 17.1 percent of the 2020 Capital Budget.  Approximately half of the projected year-end variance reflects underspending attributed to COVID-19 impacts.

The projected year-end spending rates presented in this report are based on the submissions from each Program and Agency, and as such, the preparation of this report has been based on this information.

The Executive Committee recommends that:

1.  City Council approve the budget adjustments and any associated complement changes detailed in Appendix D1 and Appendix D2 to the report (July 7, 2020) from the Chief Financial Officer and Treasurer to amend the 2020 Approved Operating Budget, such adjustments to have no impact on the 2020 Approved Net Operating Budget of the City.

The purpose of this report is to provide City Council with the Operating Variance for the five months ended May 31, 2020 as well as projections to year-end. This report also requests City Council's approval for amendments to the 2020 Approved Operating Budget that have no impact on the City's 2020 Approved Net Operating Budget.

Since mid-March, the City of Toronto, consistent with other major Canadian and Greater Toronto and Hamilton Area municipalities has been experiencing significant financial impacts, both in the form of added costs and revenue losses as a direct result of the COVID-19 pandemic.

COVID-19 related financial impacts are anticipated to total $1.9 billion by year-end for the City's Tax Supported Programs, prior to offsets achieved through a series of implemented mitigation strategies that focus on spending and workforce restraints, reducing the year-end shortfall to a projected $1.350 billion. 

- These items are expected to collectively generate $547.8 million in total offset by year-end, comprised of $513.7 million in savings from workforce restraints, spending constraints and cost avoidance; $34.1 million in added offsets available from budget variance; and include 9,980 staff that had been placed on emergency leave within City programs and approximately 2,000 added staffing impacts estimated within City agencies.

The following table summarizes the anticipated year-end COVID-19 financial Impacts, projected offset from mitigations strategies and the resulting financial position of the City's Tax Supported Operations as of May 31, 2020 and the projection at year-end:

Table 1 - Tax Supported Operating Variance Summary

Year-to-Date and Year-End Spending Results:

As noted in Table 1 above, for the five months ended May 31, 2020 Tax Supported Operations experienced an unfavourable net variance of $211.1 million or 5.0 percent of planned expenditures. This is mainly driven by COVID-19 related cost and revenue impacts experienced beginning from mid-March onwards. The impact on the year-to-date results are reflected in the following areas:

- Toronto Transit Commission - Conventional Service ($190.0 million unfavourable) primarily due to significant loss of ridership revenue from the impact of COVID-19. Ridership losses peaked at 86 percent below budget in late April and are currently projected to be 80 percent below budget through the summer. This was partially offset by the implementation of cost containment strategies and matching service capacity to demand.

- Shelter Support and Housing Administration ($11.5 million unfavourable) primarily due to unplanned COVID-19 related expenditures related to new physical distancing measures implemented in the City's shelter system, as well as underachieved revenues in Hostels and the Social Housing Service.

- Court Services ($9.4 million unfavourable) due to underachieved revenues resulting from lower than plan ticket issuance and partial suspension of collection activities due to COVID-19.

For year-end, the City is projecting $1.9 billion in COVID-19 related financial impacts, reduced by $547.8 million from offset generated through $513.7 million in mitigation strategies/cost avoidance and $34.1 million in offsets from budget variance for a net unfavourable variance of $1.350 billion or 11.6 percent of the 2020 Gross Operating Budget, adjusted for Toronto Building. The unfavourable variance is primarily driven by COVID-19 financial impacts, resulting in increased emergency social support costs such as Shelter, Seniors Services and Long Term Care, as well as lost revenue in City Services such as Toronto Transit Commission, the Toronto Zoo, Exhibition Place, and Corporate revenues such as Municipal Land Transfer Tax and Municipal Accommodation Tax.

As noted, the projected year-end pressure resulting from COVID-19 related financial impacts of $1.9 billion has been lessened to $1.350 billion through a series of mitigation strategies and other offsets, these include:

$513.7 million in projected savings generated through mitigation strategies and cost avoidance as detailed below:

- Workforce restraints including redeployment of staff to critical and essential service areas; implementing emergency and seasonal / part-time staff layoffs; the implementation of a hiring slowdown; and savings generated from labour negotiations.

--Workforce restraints have resulted in 9,980 City staff being placed on emergency leave, some of which have since returned back from leave, along with approximately 2,000 added staffing impacts estimated within City agencies.

- Spending restraints such as matching transit service capacity to demand; reducing discretionary spending; reviewing all services for criticality (prioritize critical, essential and priority services).

- Cost avoidance arising from expenditure management and tracking and forecasting COVID-19 related savings.
 

An additional $34.1 million in offsets are available from budget variance experienced within Municipal Land Transfer Tax revenues from January 1 to March 31 that will be used to reduce COVID-19 related Municipal Land Transfer Tax financial impacts.

Based on these initiatives, the City has achieved $188.4 million in offsets within its Tax-Supported programs as of June 28, 2020 and expects to generate a total of $547.8 million in offset by year-end.

- It is important to note that the projected savings generated through mitigation strategies and cost avoidance are in part based on the City's experience during the pandemic and may either increase or decrease as the emergency situation betters or worsens, consistent with the rate that recovery and restart initiatives begin across the City.
 

The City Manager and Chief Financial Officer and Treasurer continue to engage with their Federal and Provincial counterparts to obtain funding support for municipalities to offset projected deficits resulting from COVID-19 related financial impacts.

- The City Manager will be reporting to Council in September on the results of these discussion, noting any full or partial offsets to the projected year-end deficit.

- The City Manager will also be reporting to the July 28 and 29 City Council meeting, providing details on experienced and anticipated COVID-19 related financial impacts along with further mitigation options that would need to be considered by Council during their meeting of September 2020, if municipalities continue to receive inadequate financial support from the Federal and Provincial governments.

Rate Supported Programs:

Rate Supported Programs reported an unfavourable year-to-date variance of $8.8 million. The unfavourable variance is attributed to lower than budgeted revenue primarily from Toronto Parking Authority. At year-end, an unfavourable projected variance is anticipated to be $100.9 million, again primarily driven by significantly lower revenues from Toronto Parking Authority.

Rate Supported Programs are funded entirely by the user fees that are used to pay for the services provided and the infrastructure to deliver them. Solid Waste Management Services and Toronto Water's respective year-end surpluses, if any, must be transferred to the Wastewater and Water Stabilization Reserves and Waste Management Reserve Fund, respectively, to finance capital investments and ongoing capital repairs and maintenance.

Table 2 - Rate Supported Operating Variance Summary

The Executive Committee recommends that:

1.  City Council approve the renewal of the following lines of credit guarantees and capital loan:

a. the line of credit guarantee issued by the City on behalf of Canadian Stage Company to its lender in the amount of $820,000 (inclusive of all interest payable by Canadian Stage Company) be renewed for a three-year period commencing on November 1, 2020 and ending October 31, 2023;

b. the line of credit guarantee issued by the City on behalf of Young People Theatre to its lender in the amount of $175,000 (inclusive of all interest payable by Young People Theatre) be renewed for a three-year period commencing on January 1, 2021 and ending December 31, 2023; and

c. the capital loan issued by the City on behalf of the Lakeshore Arena Corporation in the amount of $4,047,660 (interest payments only) be renewed for a one-year period commencing on November 1, 2020 and ending October 31, 2021.

This report provides an annual update on the City's loan and loan guarantee portfolios for the year ending in 2019.

The City currently guarantees three operating lines of credit and eight capital loan guarantees under Council approved policies for line of credit and loan guarantees for cultural and community-based organizations. In addition to the guarantees, the City currently has outstanding a total of seven direct loans: six to City agencies and corporations, plus one to an external organization. All loans and guarantees are in good standing as at the 2019 year end.

The effects of COVID-19 and related closure of many of the not-for-profit and City agency venues associated with these loans and guarantees has occurred in the current 2020 calendar year and are therefore beyond the scope of this report.  The City will continue to monitor the status of these loans and guarantees and bring forward any necessary actions for Council consideration that may arise from any future loan servicing deficiencies.

This report recommends extending lines of credit guarantees, set to expire later in 2020, with two not-for profit theatre groups for an additional three year term as well as extending the loan term for a City loan, also set to expire later in 2020, to a City services corporation for an additional one year term.  The subject lines of credit and loan are all currently in good standing.

The Executive Committee recommends that:  

1.  City Council receive the report (July 7, 2020) from the Chief Financial Officer and Treasurer for information.

The purpose of this report is to provide the following information:

1.  Performance of the Funds for 2019, and the first quarter of 2020; and

2.  General Market Update and Benchmark Performance.

The City's General Group of Funds (General Fund) that holds the City's working capital and the amounts designated for the City's reserves and reserve funds earned:

$267.3 million in 2019 (4.3 percent rate of return)
$41.5 million in the first quarter of 2020 (3.2 percent annualized rate of return)
 

The City's Sinking Fund portfolio that holds funds for future debt repayments earned:

$83.1 million in 2019 (4.9 percent rate of return)
$8.6 million in the first quarter of 2020 (2.3 percent annualized rate of return)
 

Since January 1, 2018, the City's long-term investments have been managed by the Toronto Investment Board under a new Council adopted Investment Policy which is based on the prudent investor standard.

As at December 31, 2019, approximately 77 percent of both the Sinking Fund and the Long Term Fund were managed by external investment managers selected by the Toronto Investment Board.  Four external fixed income managers control approximately 70 percent of the assets while two global equity pooled fund managers oversee 7 percent of these funds.  A third global equity pooled fund manager started in February 2020 resulting in a total equity exposure of 10 percent at the fund level. The balance of these funds remain in cash and short-term securities until additional external fund managers can be funded.  Selection and contract negotiations for an additional global equity pooled fund manager and real asset managers continues in 2020.

All funds managed are compliant with the Council-approved Investment Policy.

The Executive Committee recommends that:

1.  City Council grant authority to the Director, Revenue Services to exercise the option to renew the agreement (Contract Number 47021814) with the Greater Toronto Hotel Association for the collection and remittance of the Municipal Accommodation Tax from hotels for an additional year effective from April 1, 2020 to March 31, 2021.

This report seeks Council's authority to amend Purchase Order Number 47021814 to extend the contract with the Greater Toronto Hotel Association to provide collection of the Municipal Accommodation Tax - Hotel on behalf of the City of Toronto.  Revenue Services is requesting an amendment to this contract to exercise a one-year optional extension of the term as permitted under the contract, and to add funds of $391,037 inclusive of HST and third party audit fees associated with this agreement.

The closure of Revenue Services' operations and reduced IT capacity due to the COVID-19 pandemic has delayed the development of an internal collection system for Municipal Accommodation Tax – Hotel Tax remittances directly from hotel operators. An amendment to this purchase order and extension to this contract will provide the additional time and resources required to complete the development, testing and implementation of the remittance and payment system with Technology Services. The contract with the Greater Toronto Hotel Association can be cancelled upon completion of the internal system, upon 60 days notice to the Greater Toronto Hotel Association.

The original agreement specified a term of two years, ending on March 31, 2020, but allows the option for the City to renew for up to two (2) additional one-year terms. Exercising the option to renew for one year would extend the agreement from April 1, 2020 to March 31, 2021 on the same terms. Recognizing that the cancellation of Committee and Council meetings as a result of the pandemic precluded extension of the agreement before the March 31, 2020 date, the Greater Toronto Hotel Association has continued to provide services under the contract in good faith since April 1, 2020 to the present.

The Executive Committee recommends that:  

1.  City Council reallocate project costs, cash flows, and funding sources within the Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and 2020-2028 Capital Plan in the amount of $5,515,541, for acceleration and deferral of projects, as included in Appendix 1 to the report (June 29, 2020) from the General Manager, Parks, Forestry and Recreation.

2.  City Council reallocate cash flows in the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan, for the deferral in the amount of $12,959,662 and acceleration in the amount of $11,101,173 as included in Appendix 2 to the report (June 29, 2020) from the General Manager, Parks, Forestry and Recreation.

3.  City Council increase project costs and cash flows within the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and future year commitments in the amount of $6,184,606, as included in Appendix 3 to the report (June 29, 2020) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

4.  City Council authorize the reduction of cash flow and closure of five (5) sub-projects in the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget in the amount of $1,210,182, as included in Appendix 4 to the report (June 29, 2020) from the General Manager, Parks, Forestry and Recreation, and release commitments on development related funding sources to the appropriate accounts.

5.  City Council adjust the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan for the Lower Yonge Street Community Recreation Centre Space sub-project, in the Community Centre project as follows:

a.  City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, a Construction Management Agreement with Pinnacle International Limited for the construction of the Lower Yonge Street Community Recreation Centre, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation and the City Solicitor, and in accordance with City policies applicable to capital projects;

b.  City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City any other ancillary agreements necessary to complete construction on the Community Recreation Centre, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c.  City Council amend the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan for the Lower Yonge Street Community Recreation Centre Space sub-project, in the Community Centre project, in the amount of $0.500 million, increasing the total project cost from $17.500 million to $18.000 million, with cash flow commitments in 2021, fully funded by Development Charges (XR2114); and

d.  City Council advance the Lower Yonge Community Recreation Centre Space by authorizing the General Manager, Parks Forestry and Recreation to transfer up to $18.000 million from the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan from the Lower Yonge Street Community Recreation Centre sub-project, subject to entering into an agreement with Pinnacle International Limited, to that entity to fund the City's agreed cash portion for the development of the Lower Yonge Street Community Recreation Centre Space.

6.  City Council amend the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan for the CAMP (State of Good Repair) Special Facilities Buildings and Structures (CPR126-47-01) sub-project, in the Special Facilities project, in the amount of $0.258 million, increasing the total project cost from $4.360 million to $4.618 million, cash flowed in 2020, with funding from the following Section 42 Above 5 percent Cash-in-lieu sources for capital improvements to the llama and capybara building in High Park Zoo: $25,734.43 from 489 Parkside Drive (Source Account: XR2213-4200752) and $232,265.57 from 2114 Bloor Street West (Source Account: XR2213-4201055).

7.  City Council transfer up to an additional $0.343 million to the Friends of High Park Zoo, from the Parks, Forestry and Recreation's 2020-2029 Council Approved Capital Budget and Plan under the CAMP (State of Good Repair) Special Facilities Buildings and Structures sub-project, in the Special Facilities project, for capital improvements to the llama and capybara building in High Park Zoo, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation.

8.  City Council authorize the General Manager, Parks, Forestry and Recreation to amend the Construction and Licence Agreement dated January 1, 2017 between the City and the Friends of High Park Zoo, to allow for the transfer of up to an additional $0.343 million from the City to the Friends of High Park Zoo, to be used for the purpose of the Llama and Capybara Building Project at the High Park Zoo, on terms and conditions acceptable to the General Manager and the City Solicitor.

9.  City Council amend the Parks, Forestry and Recreation's 2020-2029 Council Approved Capital Budget and Plan to create a new capital sub-project known as Clydesdale Tennis Clubhouse Improvements in the Outdoor Recreation Centre project, with a project cost of $0.582 million, and cash flow commitments of $0.040 million in 2020 and $0.542 million in 2021, fully funded by Section 37 community benefits obtained from the development at 2135 Sheppard Avenue East and 299 Yorkland Boulevard (XR3026-3700857), for the purpose of improvements to the building.

This report requests authority from City Council to amend the Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and 2020-2028 Capital Plan by adjusting project costs and future year cash flows to align with year-end expenditures and project progress. 

Authority is also requested to amend the Parks, Forestry and Recreation's 2020 Council Approved Capital Budget and 2021-2029 Capital Plan by adjusting project costs and future year cash flows contained within the 10-Year Capital Plan.  These adjustments will align cash flows for capital project delivery schedules and program requirements and as a result, will have no impact on the timing of debt requirements.  Reallocations of cash flows and project costs are also requested where recent project bids exceed the current approved cash flow, or alternatively to advance projects into 2020 that are ready to proceed. 

Projects that have been completed or cancelled are also requested to be closed, with cash flow reduced, and commitments on funding sources to be released to their funding sources for future budgeting.

In addition, authority from City Council is required to execute a Construction Management Agreement between the City of Toronto and Pinnacle International Limited in order for the City to provide funding for the fit-out of the Lower Yonge Street Community Recreation Centre Space.  An amendment to the Construction and License Agreement between the City and the Friends of High Park Zoo is also being recommended, increasing the amount of funds to be transferred from the City to the Friends of High Park Zoo for capital improvements to the llama and capybara building in High Park Zoo.

The Executive Committee recommends that:

1.  City Council direct the Executive Director, Social Development, Finance and Administration, the General Manager, Shelter, Support and Housing Administration, and the Executive Director, Housing Secretariat to bring forward presentations on how the City is specifically supporting vulnerable people with disabilities in Toronto during and beyond COVID-19, to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

2.  City Council direct the General Manager, Transportation Services, to bring forward presentations on CurbTO, ActiveTO, CafeTO, and any other new transportation programs and initiatives to address COVID-19, to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

3.  City Council direct the General Manager, Parks, Forestry and Recreation to bring forward presentations on SwimTO, CampTO, and any other new or existing recreational programs and initiatives, detailing any efforts and modifications to accommodate persons with disabilities, and any employment opportunities for persons with disabilities, to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

 
4.  City Council direct the Executive Director, Social Development, Finance and Administration, and the Executive Director, People and Equity, in collaboration with the General Manager, Economic Development and Culture, and in consultation with accessibility stakeholders, to develop guidelines for businesses to support the needs of persons living with disabilities including:

a.  access to clear face shields, and any alternatives including notepads, to facilitate lip reading, visual facial cues and communication with persons living with disabilities;

b.  support persons who can assist in navigating smaller spaces to support physical distancing for people living with disability; and

c.  ensuring that cash remains an accepted legal tender across businesses.

 
5.  City Council direct the Chief People Officer, People and Equity, in collaboration with the General Manager, Parks, Forestry and Recreation, and leveraging existing partnerships and programming, to explore opportunities to better support access to safe outdoor day programming for persons living with disabilities and any employment opportunities for persons with disabilities as part of a pilot strategy within the City's COVID-19 Recovery and Rebuild and report back in the first quarter of 2021. 

6.  City Council direct the Chief People Officer, People and Equity, in collaboration with the General Manager, Parks, Forestry and Recreation and the General Manager, Toronto Employment and Social Services, and in consultation with accessibility stakeholders, to develop an outreach model and determine an appropriate pilot strategy, for the purpose of providing support and referrals to relevant services, to inform persons living with disabilities, on opportunities for safe and accessible day programming and report back to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

  
7.  City Council request the Toronto Transit Commission Board to direct the Chief Executive Officer, Toronto Transit Commission to bring forward presentations on new or existing initiatives, detailing any efforts and modifications to accommodate persons with disabilities, as a response to COVID-19 response and recovery, to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

 
8.  City Council direct the Chief Communications Officer, Strategic Communications along with any other applicable City Divisions to consolidate and disseminate information on supports and services for persons living with disabilities, highlighting any services changes, additions or disruptions of new or existing services and report back by the November 16, 2020 meeting of Toronto Accessibility Advisory Committee.

9.  City Council request the Medical Officer of Health to provide a presentation to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee on Toronto Public Health's response and efforts related to COVID-19.

10.  City Council direct the Toronto Office of Recovery and Rebuild to designate a staff person to be the liaison to the Toronto Accessibility Advisory Committee.

11.  City Council request the Province of Ontario and the Federal government to increase the frequency and amount of funding opportunities for qualifying individuals and families, including those receiving the Disability Tax Credit, to better support their ongoing needs including:

a.  access to protective personal equipment, including masks and gloves, for themselves and their personal support worker;

b.  access to technology  including Wi-Fi, computers and webcams to combat isolation and improve mental health; and

c.  access to recreation activities as many day programs, and respite centres are closed.

At its meeting on July 3, 2020, the Toronto Accessibility Advisory Committee considered Item DI8.2: "City of Toronto COVID-19 Response and Accessibility" and made recommendations to City Council through the Executive Committee.

The Executive Committee recommends that:

1.  City Council direct the City Manager and the Chief Financial Officer and Treasurer to ensure that people with disabilities are consulted and/or have opportunity to provide input prior to Fall 2020 on any decisions related to service cuts.

 
2.  City Council direct the Chief Financial Officer and Treasurer to apply a disability policy lens to all City of Toronto budget processes to ensure that accessibility and inclusion become central to budget planning and that accommodation costs and resources are addressed organizationally as per human rights legislation and Ontario Human Rights Commission Policy on Ableism 9.3:

“…The costs of accommodation must be distributed as widely as possible within the organization so that no single department, employee, customer or subsidiary is burdened with the expense. The appropriate basis for evaluating the cost is based on the budget of the organization as a whole, not the branch or unit where the person with a disability works or has made an application…”

 
3.  City Council direct the City Manager and the City Clerk to review options that improve accessibility to decision-making and save costs such as allowing for remote participation in Committee and consultation meetings and investigating other digital inclusion strategies.

 
4.  City Council request the Mayor to champion and highlight the needs of people with disabilities when lobbying the Federal and Provincial Governments for financial assistance in addressing the budget shortfall expected this year.

At its meeting on July 3, 2020, the Toronto Accessibility Advisory Committee considered Item DI8.5: "Applying an Accessibility Lens to Improve Access and Inclusion in City Budget and Other Processes" and made recommendations to City Council through the Executive Committee.

The Executive Committee recommends that:

1.  City Council request the Chair, Toronto Police Services Board, to report to the December 9, 2020 meeting of the Executive Committee, on the progress made by the TPSB to release its Open Data Sets to the City of Toronto's Open Data Portal.

At its meeting on January 22, 2020, the Toronto Police Services Board was in receipt of a report from Chief Mark Saunders with regard to the City of Toronto Council Decisions – 2017 Annual Statistical Report.

The Board received the Chief’s report and agreed that a copy of this report be forwarded to the City of Toronto Executive Committee.

A copy of the Board minute P9/2020 regarding this matter is attached.

City Council on June 29 and 30, 2020, referred Administrative Inquiry IA22.1 from Councillor Paul Ainslie, Ward 24, Scarborough-Guildwood, on Toronto Police Services Board Open Data Report and Answer IA22.1a from the City Clerk to the Executive Committee for consideration.

The Executive Committee recommends that:

1.  City Council approve an agreement with Coca-Cola Canada Bottling Ltd. ("Coke") for a period of five years, commencing on the date of approval of City Council, to be the official and exclusive soft drink provider to Exhibition Place, including Enercare Centre and Beanfield Centre, on the terms and conditions set out in the report (June 10, 2020) from the Chief Executive Officer, Exhibition Place and such other terms and conditions as may be satisfactory to the Chief Executive Officer and the City Solicitor.

2.  City Council direct that Confidential Attachment 1 to the report (June 10, 2020) from the Chief Executive Officer, Exhibition Place remain confidential in its entirety as it contains financial information that belongs to the Board of Governors of Exhibition Place and has monetary value or potential monetary value.

At its meeting on June 24, 2020, the Board of Governors of Exhibition Place considered Item EP11.5: "Soft Drink Sponsorship Agreement" and made a recommendation to City Council through the Executive Committee.

The Executive Committee recommends that effective from the date that Bill 197 is passed and proclaimed:

1. City Council extend the electronic participation rules applicable only during a declared emergency currently contained in Municipal Code Chapter 27, Council Procedures, for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.

2. City Council extend the electronic participation rules applicable only during a declared emergency currently contained in the Simplified Rules for Advisory Bodies for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.

3. City Council authorize its local boards to extend or adopt remote electronic meeting rules for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.

4. City Council review the rules for electronic meetings for City Council and its local boards before the expiry of the recommended extensions.

5. City Council request the City Clerk to report to the October 2020 Executive Committee meeting with options for Council to consider with respect to proxies.

The Province has introduced legislation that would allow City Council (a) to make remote meeting participation for Council and local boards permanent and (b) to allow Members of Council to act by proxy during meetings.

City Council should extend the current electronic meeting rules for itself and local boards for a period of one year following the termination of provincial and municipal emergencies.  This would give Council more experience with these types of meetings to help decide whether to decide if it wishes to make the rules permanent.

City Council should also decide if it wishes to opt-in to the proxy provisions, and if so, direct the City Clerk to report on the implementation options.

Amendments to the Council Procedures require the approval of two-thirds of Members present and voting.

The Board of Health recommends that:

1.  City Council request the City Manager to engage the Public Health Agency of Canada, Public Health Ontario, and the Ontario Ministry of Health to support Toronto Public Health's work on the establishment of a volunteer isolation/quarantine centre system as well as other methods to achieve effective isolation for individuals who are unable to safely and effectively isolate at home.

2.  City Council:

a.  urge the Ontario Ministry of Health and the relevant Local Health Integration Networks to provide the necessary resources and supports for proactive mobile COVID-19 testing in neighbourhoods where data shows a high incidence of COVID-19, including northwest Toronto, and for demographic groups suspected of being at higher risk due to the social determinants of health, including occupation; and

b.  request the Chair, Board of Health, to communicate the position in Recommendation 2.a. above to the Ontario Ministry of Health and the relevant Local Health Integration Networks, on behalf of City Council and the Board of Health.

The Board of Health:

1.  Requested the Medical Officer of Health to continue working with the General Manager, Transportation Services, on the ActiveTO program, in particular to:

a.  support vulnerable individuals and communities who have limited access to space for physical activity; and

b.  expand ActiveTO measures that provide a safe and physically distanced alternative to public transit.

2.  Requested the Medical Officer of Health to:

a.  provide data and analysis on how the City of Toronto's most vulnerable populations have been adversely affected by the COVID-19 pandemic to the Toronto Office of Recovery and Rebuild to inform the recovery strategy; and

b.  in partnership with Health Commons Solutions Lab, consult with groups that have been disproportionately affected by COVID-19, identify the detailed impacts being experienced by these groups, and recommend actions for the City of Toronto and its governmental partners to reduce these impacts.

3.  Requested the Medical Officer of Health to:

a.  work with the City Manager to support City Divisions and the Toronto Office of Recovery and Rebuild on the design and implementation of ways to address the social determinants of health for the City of Toronto's most vulnerable populations who have been adversely affected by the COVID-19 pandemic;

b.  report to the Board of Health at its meeting in September 2020 with recommendations for:

1.  immediate short-term preventative actions and long-term policy changes to protect those who are at heightened risk for COVID-19 including, but not limited to, people with low incomes, people from racialized communities, newcomers to Canada, people living in unaffordable or inadequate housing, and people working in certain occupations overrepresented in areas with a higher COVID-19 case rate, including sales and service, trades and transportation, and manufacturing; and

2.  the implementation of social needs screening and referrals for people screened or tested for COVID-19.

4.  Requested the Medical Officer of Health to:

a.  work with community partners, the City of Toronto's Confronting Anti-Black Racism Unit, the Toronto Food Policy Council, and City Divisions, including Parks, Forestry and Recreation, Economic Development and Culture, and Social Development, Finance and Administration, to explore the creation of the City of Toronto's Black Food Sovereignty Plan; and

b.  report to the Board of Health in the fourth quarter of 2020, in consultation with the Executive Director, Social Development, Finance and Administration, on:

1.  ensuring that the COVID-19 recovery improves and expands access to affordable, healthy, and culturally-appropriate food; and

2.  progress on the creation of the City of Toronto's Black Food Sovereignty Plan.

5.  Urged the Ontario Ministry of Health and the relevant Local Health Integration Networks to provide the necessary resources and supports for proactive mobile COVID-19 testing in neighbourhoods where data shows a high incidence of COVID-19, including northwest Toronto, and for demographic groups suspected of being at higher risk due to the social determinants of health, including occupation, and requested the Chair, Board of Health, to communicate the position in Part 5 to the Ontario Ministry of Health and the relevant Local Health Integration Networks, on behalf of the Board of Health.

6.  Requested the Medical Officer of Health, in consultation with the General Manager, Parks, Forestry and Recreation, and the General Manager, Children's Services, to review and consider Communication HL18.1.3 from Josh Fullan, Director, Maximum City, for guidance on the City of Toronto's response to the COVID-19 pandemic.

The Medical Officer of Health and the Supervisor, Health Status and Epidemiology, Toronto Public Health, gave a presentation on An Update on COVID-19.

This report responds to the request from the Toronto Board of Health for the Medical Officer of Health to report on the status of COVID-19 recovery planning and a potential second wave outbreak in 2020 and beyond.

This report also explains the context in which Toronto Public Health's response is influenced by uncertainty concerning COVID-19, its effects, and the effects of mitigation measures. Specifically, Toronto Public Health must make evidence-based decisions, often urgently, despite having incomplete and/or conflicting information. It is challenging to distinguish between real effects and those which are the result of confounding information. Planning and communications must be adjusted frequently to accommodate the changing reality.

In addition, this report highlights Toronto Public Health's steps taken in the response to COVID-19 to date, including recommendations to support the most vulnerable, a COVID-19 monitoring dashboard, and the release of public health guidance documents. The guidance documents are intended to support the City of Toronto, its businesses, and community organizations to mitigate the risk of COVID-19 transmission associated with their activities.

Lastly, this report also includes an overview of how multiple areas of Toronto Public Health's work have developed since the beginning of the COVID-19 crisis in January 2020. These include: Outbreak Management; Surveillance and Data Management; Media and Communications; Stakeholder and Issues Management; and Policy Development. These core public health functions are being continuously tailored to address the containment of the COVID-19 crisis, recovery, and the gradual restoration of programs addressing other public health needs.

The Board of Health recommends that:

1.  City Council authorize the Medical Officer of Health to award, execute, and amend, on an ongoing annual basis, the purchase of service contracts for the Ontario Seniors Dental Care Program in Appendix E to the report (June 23, 2020) from the Medical Officer of Health, within Toronto Public Health's Approved 2020 Budget and in accordance with established provincial criteria and fee structures.

The purpose of this report is to provide information on the purchase of service contracts awarded and executed by the Medical Officer of Health for 2020, according to the delegation of authority by City Council.

The Board of Health recommends that:

1.  City Council appoint the physicians in Confidential Attachment 1 to the report (June 17, 2020) from the Medical Officer of Health as Associate Medical Officers of Health for the City of Toronto Health Unit.

2.  City Council forward its decision to the Ontario Minister of Health for the approval of the Associate Medical Officer of Health appointments in Recommendation 1 above.

3.  City Council authorize the introduction of the necessary Bill in City Council to appoint the physicians in Confidential Attachment 1 to the report (June 17, 2020) from the Medical Officer of Health as Associate Medical Officers of Health, subject to approval by the Ontario Minister of Health.

4.  City Council authorize the public release of Confidential Attachment 1 to the report (June 17, 2020) from the Medical Officer of Health, once adopted by City Council.

This report recommends the appointment of two public health physicians as Associate Medical Officers of Health (AMOH) for the City of Toronto Health Unit and updates the status of AMOH appointment By-laws.

The Civic Appointments Committee recommends that:

1.  City Council appoint Jay Pariseau as a public member from the Aboriginal community to the Heritage Toronto Board, at pleasure of Council, for a term of office ending on April 2, 2024 and until a successor is appointed.

Candidate's biography:

Jay Pariseau

Jay has spent the past two decades assisting organizations to develop, execute, and measure their diversity and inclusion strategies. With extensive experience across private, public, and not-for profit sectors, he often infuses an Indigenous lens within his work and leadership style. He is deeply committed and passionate about inclusive community building and people.

Jay has held progressively senior roles across various HR functions including talent management, talent acquisition and HR shared services. He is a sought-after speaker and has presented internationally on Indigenous Inclusion, Reconciliation and Gender Balanced Leadership.

The purpose of this report is to recommend the appointment of a public member from the Aboriginal community to the Heritage Toronto Board of Directors.

The Civic Appointments Committee recommends that:  

1.  City Council nominate the three candidates listed in Confidential Attachment 1 to the report (July 13, 2020) from the City Clerk for consideration by the Greater Toronto Airports Authority Board for appointment to the Board for a three-year term commencing in fall 2020.

2. City Council authorize the public release of the name and biography of any successful nominee(s) of the City of Toronto should such nominee(s) be appointed by the Greater Toronto Airports Authority to its Board of Directors.

3. City Council direct that Confidential Attachments 1 and 2 to the report (July 13, 2020) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for nomination to the Greater Toronto Airports Authority Board of Directors.

This report brings forward the recommendation of staff for nominations for consideration by the Greater Toronto Airports Authority in accordance with the request from the Greater Toronto Airports Authority.

The Economic and Community Development Committee recommends that:

1.  City Council designate, based on the poll results respecting the intention to designate the Lawrence Ingram Keele Business Improvement Area, the area outlined in Attachment 1 to the report (July 6, 2020) from the General Manager, Economic Development and Culture, as the Lawrence Ingram Keele Business Improvement Area, under the City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

2.  City Council direct the City Solicitor to submit a By-law to designate the area outlined in Attachment 1 to the report (July 6, 2020) from the General Manager, Economic Development and Culture, as the Lawrence Ingram Keele Business Improvement Area.

3.  City Council amend Schedule A of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas, to include the Lawrence Ingram Keele Business Improvement Area.

The purpose of this report is to recommend that the area shown in Attachment 1 be designated as the Lawrence Ingram Keele 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 Lawrence Ingram Keele BIA. The area is generally bounded by Lawrence Avenue West to the north, Keele Street to the west, Strathnairn Avenue/Woodborough Avenue to the south and the rail track to the east.

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 outlined in Attachment 1 as the Lawrence Ingram Keele BIA. Subject to Council's approval, this will be the City's eighty-fourth BIA.

The Economic and Community Development Committee recommends that:

1.  City Council designate the area outlined in Attachment 1 to the report (July 6, 2020) from the General Manager, Economic Development and Culture, as the amended Bayview Leaside Business Improvement Area under the City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

2.  City Council direct the Chief Technology Officer to prepare designation By-law maps of the area outlined in Attachment 1 to the report (July 6, 2020) from the General Manager, Economic Development and Culture, and submit them to the City Solicitor.

3.  City Council amend the City of Toronto Municipal Code Chapter 19, Business Improvement Areas, as necessary, to reflect the expanded boundaries of the Bayview Leaside Business Improvement Area.

The purpose of this report is to recommend a minor expansion of the Bayview Leaside Business Improvement Area (BIA) boundary to include the properties at 730 Hillsdale Avenue East, 1674 to 1690 Bayview Avenue, and 703 to 713 Soudan Avenue.

The Economic and Community Development Committee recommends that:

1.  City Council direct the City Manager, in partnership with the General Manager, Economic Development and Culture, and the General Manager, Toronto Employment and Social Services, to examine the City of Toronto's role in, and provide a report on, opportunities to support the economic advancement for persons living with disabilities, including but not limited to:

a.  support services and vendors relevant to the safety, success, and well-being of persons with disabilities for employment provisions which have been researched and reviewed; and

 
b.  internal employment opportunities to help foster inclusion, diversity, and accessibility for persons with disabilities by providing internal job vacancies with the City of Toronto.

2.  City Council direct the Executive Director, Social Development, Finance and Administration, and the Chief People Officer, in collaboration with the General Manager, Economic Development and Culture, and in consultation with accessibility stakeholders, to develop an outreach model and determine an appropriate pilot strategy, for the purpose of providing support and referrals to relevant services, to inform workers with disabilities of their employment rights, and report to the November 16, 2020 meeting of the Toronto Accessibility Advisory Committee.

3.  City Council request the Province of Ontario to examine partnership opportunities for the economic advancement of persons living with disabilities, including mentoring, internships, and skills training as well as job creation.

At its meeting on July 3, 2020, the Toronto Accessibility Advisory Committee considered Item DI8.7, Economic Advancement Opportunities for Persons Living with Disabilities.

The Economic and Community Development Committee recommends that:

1.  City Council direct the Steering Committee for the Business Improvement Area in Willowdale and the City of Toronto's Business Improvement Area Office staff to bypass the requirement that the General Manager, Economic Development and Culture, conduct a formal public consultation meeting as required under Subsection 19-2.2A(3)(e) and the requirements under Subsection 19-2.2 C to H of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas, and proceed to notice and polling under Section 19-2.3 of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

2.  City Council state its intention to designate the area outlined in Attachment 2 to the letter (July 6, 2020) from Councillor John Filion as the Willowdale Business Improvement Area under the City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

3.  City Council direct the City Clerk to send out a notice of City Council's intention to pass a By-law designating the area outlined in Attachment 2 to the letter (July 6, 2020) from Councillor John Filion as the Willowdale Business Improvement Area, in accordance with the City of Toronto Municipal Code Chapter 19, Business Improvement Areas.

4.  City Council direct the Chief Technology Officer to prepare designation By-law maps of the area outlined in Attachment 2 to the letter (July 6, 2020) from Councillor John Filion and submit them to the City Solicitor.

The Steering Committee for the BIA in Willowdale has asked that I present a motion to the Economic and Community Development Committee to expedite the process to be designated an official Business Improvement Area (BIA) in Willowdale. Their specific request is that City Council consider waiving the requirement to hold an interest meeting to establish a general sense of support for a BIA among businesses in the area:

Municipal Code Chapter 19-2.2A(3)(e):  Notice and polling - new business improvement areas

A.  A steering committee shall be formed to undertake the following with the assistance of City staff:

(3)(e)  Decide on whether to request the General Manager to proceed to a formal public consultation meeting.

City Council has authority to waive requirements of the Code particularly when it is in the public interest. Council has done so in the past. In this case, an expedited process will better equip the local business community to address the severe impacts of COVID as an issue requiring urgent and immediate attention. For this reason, the waiving of the interest meeting has been requested in consultation with the Manager of the Toronto BIA Office by the Willowdale BIA Steering Committee, which has already done extensive consultation with the local business community, including a flyer delivered to 1,800 businesses in the area earlier this year, as shown in Attachment 3.

That public interest meeting outlined in Municipal Code Chapter 19-2.2 culminates with a secret ballot made by all business representatives in attendance. Though the usual procedure of a physical meeting is unable to be followed at this time due to COVID, the City has no protocol for conducting a secret ballot through a virtual meeting. Moreover, the City also depends on the Steering Committee to drop off notice to business tenants which is unwise in a pandemic.

These factors create a unique importance and urgency for expediting the BIA process at this time. The notice and polling conducted by the City Clerk would still be required as the next step.

Based on the work of the Steering Committee to date, and the number of businesses who have expressed firm interest and support, I fully endorse their request and agree that it is in the best interest of businesses in Willowdale that a BIA be formed as soon as possible to help with the immediate need of economic recovery and the long-term commercial vitality in the area.

The Economic and Community Development Committee recommends that:

1.  City Council request the City Manager to evaluate the construction, maintenance, and operational impacts of the proposed above-ground Ontario Line on Jimmie Simpson Recreation Centre and Artificial Ice Rink and develop a strategic plan to determine how best to mitigate the impacts on these facilities and on the level and quality of City services currently delivered by the City of Toronto to residents using these facilities.

In April 2019, the Government of Ontario announced plans to build the Ontario Line and in August enacted Regulation 248/19. This resulted in the Relief Line South as well as all other TTC transit expansion projects being taken over by the Ontario government and Metrolinx. The Initial Business Case for the Ontario Line proposes the line to run above ground in the current heavy rail GO corridor from the Don River to Gerrard Street – approximately a 2 kilometre stretch – which includes parks, green space and the Jimmie Simpson Community Centre.

On October 29, 2019, Toronto City Council passed motions directed to Metrolinx regarding safety concerns and community impacts of the Ontario Line, including the protection of parks, local services and community centres.

And on January 29, 2020, City Council called for the Province and Metrolinx to undertake a full, formal Transit Project Assessment Process that would consider alternative technology, station locations and alignment, including putting the Gerrard to Don River section underground.

Sadly at their Community Advisory Committee meeting of May 13, 2020, Metrolinx said they are not considering burying the section of the Ontario Line from East Harbour to Gerrard as requested by the community and the City of Toronto, but are only looking at an above ground line in the current heavy rail railway corridor. That railway corridor directly abuts Jimmie Simpson Community Centre and 7 parks.

An above ground line will run perilously close to the Jimmie Simpson Community Centre which serves as a community hub for recreation programming with a variety of programs for everyone from preschool to older adults. The back wall of the recreation centre is right on the edge of the rail corridor. Residents in Riverside and Leslieville are deeply concerned.

While the City and the neighbourhood will continue to press Metrolinx to bury this 2 kilometre section of the Ontario Line the City has to also start contingency planning to protect/move/rebuild the Community Centre in the event that Metrolinx forges ahead.

The General Government and Licensing Committee recommends that:

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

a.  enter into a Municipal Capital Facility Agreement with 55 Yonge Portfolio Inc, which leases approximately 6,622 square feet at 55 Yonge Street to the Toronto Transit Commission (TTC), all space (the "Leased Premises") related to the provision of telecommunications, transit and transportation systems; and

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

1. the commencement date of the Lease;

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

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

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

This report seeks Council's authority for the adoption of the necessary by-law to designate a portion of a property leased and occupied by the Toronto Transit Commission (TTC) as a Municipal Capital Facility and to provide an exemption for municipal taxes and education taxes.  The municipal capital facility agreement authorized by the by-law will provide an exemption for approximately 3,234 square feet of space for suite 103 and approximately 3,388 square feet of space for suite 104 which totals 6,622 square feet of combined space.

The General Government and Licensing Committee recommends that:  

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

a.  enter into a Municipal Capital Facility Agreement with I.G. Investment Management Limited, which leases approximately 544,382 square feet of space at 2233 Sheppard Avenue West (the "Leased Premises") to the Toronto Transit Commission (TTC), related to the provision of telecommunications, transit and transportation systems; and

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

1. the commencement date of the Lease;

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

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

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

This report seeks Council's authority for the adoption of the necessary by-law to designate a portion of the property owned by I.G. Investment Management Limited and leased by the Toronto Transit Commission (TTC) as a Municipal Capital Facility, and to provide an exemption for the municipal taxes and education taxes. The Municipal Capital Facility agreement authorized by the by-law will provide an exemption for approximately 544,382 square feet of space.

The newly constructed privately owned space at 2233 Sheppard Avenue West was selected to consolidate and modernize the TTC's existing warehouse needs as well as to provide additional space to accommodate future growth.  The property will be used to centrally receive, test and store inventory such as parts, oil and lubricants needed for the maintenance of buses, streetcars, service vehicles and rolling stock owned by the TTC.  Ancillary offices and employee space in support of the ordering, storage, and distribution of inventory to TTC maintenance facilities form part of the leased facility as do loading docks and parking for delivery vehicles, employees, visitors and outdoor storage.

The General Government and Licensing Committee recommend that:

1. City Council authorize a new lease agreement between the City of Toronto (the "City"), as tenant, and FCHT Holdings (Ontario) Corporation, as landlord, for Units 21 and 22, 85 Ellesmere Road, Scarborough, for a twenty (20) year term, substantially on terms and conditions set out in Appendix A to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management and the City Librarian.

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

a.  enter into a Municipal Capital Facility Agreement with FCHT Holdings (Ontario) Corporation, the landlord, that will lease Units 21 and 22 at 85 Ellesmere Road (the "Leased Premises") comprising of approximately 11,760 square feet to the City of Toronto, to be used for a public library; and

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

1. the commencement date of the Lease;

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

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

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

The purpose of this report is to obtain City Council authority to enter into a new lease agreement with FCHT Holdings (Ontario) Corporation (the "Landlord), for approximately 11,760 square feet of space, at 85 Ellesmere Road, Scarborough (the "Leased Premises"), for the purpose of expanding the Toronto Public Library, Maryvale Branch. The report also seeks authority to designate the Leased Premises as Municipal Capital Facility, and to provide an exemption from municipal and education taxes.

The current Toronto Public Library branch, which is located in Parkway Mall at 85 Ellesmere Road, Scarborough, occupies 4,998 square feet. The proposed expansion will add 6,762 square feet, for a total of 11,760 square feet in a different and improved location within the mall. The proposed lease has favourable terms as the size of the branch will increase by 135 percent, but the gross annual cost of the lease is expected to increase by less than 70 percent. The lease proposal also includes a significant landlord contribution that will fund 30 percent of the capital costs. The proposed term for the lease is for twenty (20) years, and is expected to commence on June 1, 2021 (the “Commencement Date”). The rent and other terms and conditions of the proposed new lease reflect current market value according to market research and valuation conducted by Corporate Real Estate Management staff.

The current Municipal Capital Facility designation provides a tax exemption for 4,998 square feet, and will be cancelled when the Library vacates the current location space. The requested Municipal Capital Facility designation would provide tax exemption for the new, expanded space.

The General Government and Licensing Committee recommends that:  

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

a. enter into Municipal Capital Facility Agreements with the landlords of each of the four properties with whom Corporate Real Estate Management has a lease on behalf of the City Councillors (the "Leased Premises"), with respect to approximately 3,633 square feet of combined space, for the purposes of providing municipal capital facilities related to the provision of facilities used by council located at:

- 4630 Kingston Road (Ward 25)
- 1571 Sandhurst Circle (Ward 23)
- 2221 Keele Street (Ward 5)
- 2960 Dufferin Street (Ward 8); and
 

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

1. the commencement date of the Lease;

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

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

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

This report seeks Council's authority for the adoption of the necessary By-laws to designate portions of four properties leased to the City of Toronto for use as City Councillor's constituency offices as Municipal Capital Facilities and to provide exemptions for municipal taxes and education taxes. The municipal capital facility agreements authorized by the By-laws will provide exemptions for approximately 3,633 square feet of combined space. The four properties and their respective square footage are provided below.

The General Government and Licensing Committee recommends that:

1.  City Council receive the report (June 22, 2020) from the Controller for information, including Attachment 1 to the report titled “Toronto Fire Department Superannuation and Benefit Fund – December 31 Funding Valuation" and Attachment 2 titled "Toronto Fire Department Superannuation and Benefit Fund – Financial Position Updates – Follow-up to May 26, 2020 Pension Committee Meeting" prepared by Buck HR Consulting with respect to the Toronto Fire Department Superannuation and Benefit Fund and its underlying Plan.

The General Government and Licensing Committee requested that:

1.  The Director, Pension, Payroll and Employee Benefits report directly to City Council with the following information:

- 2019 Annual Valuation / Actuarial Report 

- Financial Statement 2018

- Financial Statement 2019
- Link to the by-law that governs the Toronto Fire Department Superannuation and Benefit Fund
- Breakdown / Details of the annual administration cost.

This report submits, for the Committee's information, a Funding Valuation as at December 31, 2019 on the Toronto Fire Department Superannuation and Benefit Fund (the Fund) prepared by Buck HR Consulting.  The Fund finances the pension plan (the Plan).   This Valuation provides information on the automatic cost-of-living increase of 1.95 percent in pensioner benefits effective January 1, 2020, called for under By-Law 10649 as amended, governing the Plan and the Fund.

The Fire Pension Plan has specific criteria in its By-law which, if satisfied, grants members an automatic cost-of-living increase, and therefore council is not required to approve it.   So long as sufficient surpluses exist on both a Going Concern and Solvency basis, members are entitled to an increase comprised of the lesser of (a) The Plan's 5-year average rate of return less the discount rate used for the current year's Solvency valuation; (b) the increase in the year-over-year level of the average Consumer Price Index (CPI) as published by Statistics Canada.   In this case, the second criterion is the lesser of the two, and hence members are entitled to an automatic increase of 1.95 percent.

On May 1, 2018, new provincial funding rules for defined-benefit pension plans came into effect which are incorporated into the 2019 Valuation Report, which sets forth the financial position of the Fund for the year ended December 31, 2019 on Going Concern and Solvency bases, and confirms that the Fund does not require any special payments by the City of Toronto.

The Charts below summarize the financial position of the Fund as at December 31, 2019 and December 31, 2018 based on the Actuarial Valuations for those years.

Going Concern Valuation – This type of valuation assumes that the Plan will continue to operate until all pensions are paid out.

Solvency Valuation – This type of valuation assumes that the Plan was wound up on the valuation date (i.e., December 31^st, 2019) and the assets used, to the extent necessary, to meet existing liabilities including the purchase of annuities for the pensioners and any unretired members.

The General Government and Licensing Committee recommends that:

1. City Council receive the 2019 Annual Report from the Chair, Administrative Penalty Tribunal, contained in Attachment 1 to the report (June 17, 2020) from the Director, Court Services for information.

The Administrative Penalty Tribunal is an independent adjudicative body consisting of 25 public panel members referred to as Hearing Officers. Hearing Officers were appointed by City Council during its meeting on May 24, 25, and 26, 2017 to provide a second, independent review and decision in parking violation disputes. Hearing Officers have the authority to affirm, vary, or cancel the decision of a Screening Officer and extend time for payment. In carrying out this mandate, the Tribunal is authorized to conduct pre-hearings and mediations. Decisions of the Hearing Officers are final – there is no further appeal.

The General Government and Licensing Committee recommend that:  

1. City Council authorize a temporary easement agreement between the owner of 500 Birchmount Road and the Toronto Public Library Board, for a period of twenty-four (24) months, in the amount outlined in Confidential Attachment 1 to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management, and the City Librarian, and on such other terms as may be satisfactory to the Executive Director, Corporate Real Estate Management and City Librarian, and in a form satisfactory to the City Solicitor.

2. City Council authorize the City Solicitor to complete the easement transaction, including the payment of any necessary expenses and amendment of necessary documentation as they deem reasonable.

3. City Council direct that the confidential information contained in the Confidential Attachment 1 to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management, and the City Librarian remain confidential, as it relates to a proposed or pending acquisition or disposition of land by the Toronto Public Library Board.

This report requests City Council's approval of a temporary easement agreement between the Toronto Public Library Board and the owner of the property municipally known as 500 Birchmount Road (the "Owner").

The Albert Campbell District Library is located at 496 Birchmount Road and is currently under construction. A temporary easement as part of the property at 500 Birchmount Road is required to permit excavation at the north side of the library building to allow for the installation of new site services including a new weeping tile system and new building cladding. The required easement area is shown as "Part 1" of the Property Sketch in Appendix A.

Construction at the Albert Campbell District Library commenced in the fall of 2019, with contracted exterior work scheduled to begin in May 2020. It is estimated that the required exterior work will take 24 months to complete. To date, the Owner has agreed to the terms of the requested easement, although the City and the Owner have been unable to settle on the applicable easement fee. If the temporary easement is not obtained to enable construction to progress, the Toronto Public Library will incur significant construction costs.

The General Government and Licensing Committee recommends that:  

1.  City Council approve the expropriation of the interests in lands described in Appendix A (the "Required Property Interests") to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management forming part of the condominium property known municipally as 5795 Yonge Street.

2.  City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to take all steps necessary to comply with the Expropriations Act as necessary, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession as it relates to the Required Property Interests.

3.  City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to sign as necessary the Notices of Expropriation, Notices of Possession, Offers of Compensation, Settlement Agreements and any other ancillary documents on behalf of the City for the acquisition or expropriation of the Required Property Interests.

4.  City Council further authorize the Executive Director, Corporate Real Estate Management, if required, to obtain an appraisal report to value the Required Property Interests, updated to the date of expropriation, and to prepare and serve an Offer of Compensation on the registered owner of the Required Property Interests and other parties having an interest in the expropriation, at the appraised value, in accordance with the requirements of the Expropriations Act.

5.  City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management once there has been a final determination and closing of the compensation payable for the Required Property Interests by arbitration, appeal or settlement, or otherwise to the satisfaction of the City Solicitor.

6.  City Council direct that in the event that the costs of the expropriation of the Required Property Interests exceeds the Fund Amount defined in Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management, the Executive Director, Corporate Real Estate Management, or their designate report back to the General Government and Licensing Committee prior to the City making payments for the same under any agreement(s) with respect to the expropriation of the Required Property Interests.

This report seeks approval from City Council, as the approving authority under the Expropriations Act, to expropriate certain lands forming part of the condominium property known municipally as 5795 Yonge Street for the purposes of a new road connecting Cummer Avenue to Yonge Street through a northerly adjacent development being developed (the "Project"). Once completed, the Project will provide public street access for the adjacent condominiums and new development being developed and will improve mobility for people traveling to, from, and within North York Centre on foot, bicycle, transit and car.

This report relates to the second stage of the expropriation process by which City Staff will provide further details on the anticipated costs, based on internal appraisals and settlement discussions with impacted parties, and request City Council to approve the subject expropriation. Following the granting of authority by City Council on this Stage 2 report, the Expropriation Plan will be registered and Notices of Expropriation will be served unless settled with the impacted parties, in which case Notices of Expopriation will not be required. Similarly, statutory offers of compensation must be served prior to the City taking possession of the expropriated interests unless the City settles with the impacted parties, in which case the City will enter into Settlement Agreement with the impacted parties.

The General Government and Licensing Committee recommends that:

1. City Council authorize the City of Toronto to accept the offer to sell and enter into an agreement of purchase and sale with 2970 Lake Shore GP Inc. to acquire the adjoining properties municipally known as 2950 and 2970 Lake Shore Boulevard West on such terms and conditions outlined in Appendix A and Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management, and such other or amended terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate to negotiate a lease assignment and amendment with Bell Mobility Inc. for continued use of portions of 2970 Lake Shore Boulevard West in a form satisfactory to the City Solicitor.

3. City Council authorize the public release of Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management following the closing of any purchase transaction, and the public release of Confidential Attachment 2 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management upon securing the written consent of Bell Mobility Inc.

4. City Council authorize severally the City Clerk, the Chief Financial Officer, the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management, or their designate, to execute the agreement of purchase and sale, the lease assignment and amendment agreement, and any ancillary agreements and documents on behalf of the City.

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

6. City Council authorize the City Solicitor to complete the contemplated transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

The purpose of this report is to obtain authority to accept the offer to sell (the "Offer") that the City has received from 2970 Lake Shore GP Inc. (the "Vendor") and to enter into an agreement of purchase and sale to acquire the adjoining properties municipally known as 2950 and 2970 Lake Shore Boulevard West (collectively, "the Property") for use as a municipal shelter. City staff will ensure to limit the City's exposure to potential latent defects through due diligence prior to completing the transaction, through warranty conditions in the agreement of purchase and sale, or by other measures.

The location of the Property meets the requirements of the Municipal Shelter By-law 138-2003. In an effort to ensure that shelter services are located throughout all areas of the City of Toronto (not only downtown) this Property was deemed as the only available viable option, with a willing seller, that is strategically located in the southwest area of Etobicoke. 

The use of the Property as a municipal shelter will support City Council's direction to expand the number of permanent new shelter beds by 1,000. The combination of the two properties creates a large sized property that allows flexibility in responding to changes in shelter standards and demand as a result of the COVID-19 pandemic.

In response to the COVID-19 pandemic, Shelter, Support and Housing Administration (SSHA) has made interim changes to the Toronto Shelter Standards to maintain a minimum of two (2) metre separation between beds. If this change becomes permanent, or other changes to the Shelter Design Guidelines are made as a result of the pandemic, the Property will be designed to accommodate the new standards either with the two (2) metre separation or with the use of more private rooms or partitions, thus resulting in only a minor reduction in capacity. All new shelters, including the Property, are being designed so that they may be converted into housing in the future. As demand for municipal shelters changes, the property can be partly or wholly transitioned into supportive or transitional housing.

Finally SSHA, in collaboration with Corporate Real Estate Management, will continue to explore other real estate opportunities in order to meet the balance of the required 1,000 shelter beds. Consideration to current market conditions will be made to ensure that future acquisitions align with SSHA's COVID-19 response strategies, as may be appropriate, and will work to ensure that future options reduce the City's upfront capital investments.

The General Government and Licensing Committee recommends that:  

1. City Council authorize the City of Toronto (the "City") to acquire from Toronto Port Lands Company approximately 63,000 square metres of land within the future boundaries of River Park North and River Park South, to be constructed by Waterfront Toronto as part of the Port Lands Flood Protection Project, shown as Parts 1, 2, 5, 6, 8, 9, 10, 13, 14, 15, 16, 17 and 18 on the sketch attached as Appendix A (the "TPLC  Lands") to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management, for nominal consideration, prior to environmental remediation of the Toronto Port Lands Company Lands and filing of Records of Site Condition ("RSCs"), and on other terms and conditions acceptable to the Director, Transaction Services, in consultation with the Director, Waterfront Secretariat, and in a form satisfactory to the City Solicitor.

2. City Council authorize the City to grant a licence to Waterfront Toronto for up to a five (5) year term, to enter onto the Toronto Port Lands Company Lands and the lands shown as Parts 3, 4, 7, 11 and 12 on the sketch attached as Appendix A (collectively, the "Park Lands") to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management, once owned by the City, to conduct due diligence investigations, complete all environmental work necessary in connection with the filing of Records of Site Conditions, and construct River Park North and River Park South and other infrastructure required for the Port Lands Flood Protection Project, for nominal consideration and on other terms and conditions acceptable to the Director, Transaction Services, in consultation with the Director, Waterfront Secretariat, and in a form satisfactory to the City Solicitor.

3. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, solely in their capacity as land owner, to submit all brownfield redevelopment documents under the Environmental Protection Act, including Pre-Submission Forms and Records of Site Conditions, required to implement the Port Lands Flood Protection Project on the Park Lands once owned by the City, subject to the  resolution of the City's peer review comments of  associated environmental reports and any proposed conditions for the Certificate of Property Use being satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Parks, Forestry and Recreation.

4. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate to consent, solely in their capacity as land owner, to the submission by Waterfront Toronto of applications and documents required in connection with any regulatory approvals in respect of the Park Lands once owned by the City.

5. City Council severally authorize each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services to execute the agreements necessary to implement the transactions contemplated in Recommendations 1 and 2 above, and any ancillary agreements and documents, and the documentation contemplated in Recommendations 3 and 4 above, on behalf of the City.

The purpose of this report is to seek City Council authority to acquire lands from the Toronto Economic Development Corporation, carrying on business as the Toronto Port Lands Company ("TPLC"), that will become River Park North and River Park South at the completion of the Port Lands Flood Protection Project ("PLFPP"). Staff are recommending early acquisition of the lands, for nominal consideration, and prior to the completion of environmental remediation, in order to facilitate environmental approvals from the Ontario Ministry of the Environment, Conservation and Parks ("MECP").  Transferring the subject lands at this time will simplify the environmental approvals process and is estimated to result in savings of approximately $0.50M to $0.75M.

The General Government and Licensing Committee recommends that:  

1. City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations for the acquisition of the property municipally known as 480 Coxwell Avenue, listed in Appendix A to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management and displayed on the maps attached as Appendix B (the "Property") to the report (June 19, 2020) from the Executive Director, Corporate Real Estate Management, and as Approving Authority, authorize the initiation of the expropriation process for the Property for the purpose of the construction of the proposed Odour Control Facility related to the Coxwell Sanitary Trunk Sewer.

2. City Council direct the Executive Director, Corporate Real Estate Management, or his/her designate, to serve and publish the Notice of Application for Approval to Expropriate the Property, to forward any requests for a hearing of necessity to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Inquiry Officer's recommendations to City Council for consideration.

This report seeks authority to commence expropriation proceedings to acquire the property municipally known as 480 Coxwell Avenue (the "Property") for the purpose of constructing an Odour Control Facility (the "OCF") for the Coxwell Sanitary Trunk Sewer (the "Sewer"). 

This is the first stage of the expropriation process. After the application for approval to expropriate is authorized by City Council, as the Approving Authority under the Expropriations Act, staff will serve and publish a Notice of Application for Approval to Expropriate on all registered owners. Registered owners will have 30 days to request an inquiry into whether the City's proposed taking is fair, sound and reasonably necessary.

If no inquiry is requested, City Council may approve the expropriation through a subsequent Stage 2 report. At that time, staff will report to City Council with further details on the anticipated costs, based on appraisals. Following the Stage 2 report, an Expropriation Plan will be registered and Notices of Expropriation will be served to the appropriate parties. Statutory offers of compensation must be served before the City can take possession of the expropriated Property.

The General Government and Licensing Committee recommends that:

1. City Council authorize the granting of licenses, easements and consents, and entering into of other agreements, as outlined below, on terms satisfactory to the Director, Transaction Services, Corporate Real Estate Management, in accordance with the confidential instructions to staff in Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management, to facilitate temporary and permanent utility relocations as may be required in connection with the Algonquin Island Bridge Rehabilitation Project (the "Project"):

a.  Licences to existing utility providers (the "Utility Providers");

b.  Easements to Utility Providers, subject to any such easements for terms of 21 years or more having been declared surplus and the real estate disposal process set out in Chapter 213 of the City of Toronto Municipal Code complied with, and other agreements with Utility Providers relating to their ongoing use of lands on Ward's Island, Algonquin Island, and the channel in between Ward's Island and Algonquin Island; and

c.  Consents, as lessee pursuant to the Toronto Islands Residential Community Stewardship Act, 1993, to the grant of licences, easements, and other property interests by the Province of Ontario, as the owner of certain lands on Ward's and Algonquin Islands, to Utility Providers.

2. City Council authorize amendments to be made to the existing lease agreements with Toronto Island Canoe Club, Sunfish Cut Boat Club, and Queen City Yacht Club (the "Boat Club Tenants"), including but not limited to temporarily reducing the leased premises in each case, and authorize the entering into new lease agreements with the Boat Club Tenants where appropriate, as may be required in connection with the Project, on terms satisfactory to the Director, Transaction Services, Corporate Real Estate Management.

3. City Council authorize severally each of the Director, Transaction Services, Corporate Real Estate Management and the Manager, Transaction Services, Corporate Real Estate Management to execute agreements and other documents relating to the transactions identified in Recommendations 1 and 2 above on behalf of the City.

4. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management.

5. City Council direct that Confidential Attachment 1 to the report (June 22, 2020) from the Executive Director, Corporate Real Estate Management remain confidential, as it relates to a proposed or pending disposition of land by the City, and a position to be applied to negotiations to be carried on by the City.

This report seeks authority for the Director, Transaction Services, Corporate Real Estate Management, to approve certain licenses, easements, and consents required for the relocation of existing utilities, and amendments to existing leases with community boat clubs, as necessary for the Algonquin Island Bridge Rehabilitation Project (the Project").

The General Government and Licensing Committee recommends that:

1.  City Council not disqualify Queensway Excavating and Landscaping Ltd. from conducting business with the City, despite the court-ordered reconsideration decision by the Fair Wage Office which found Queensway in non-compliance with the provisions of the Fair Wage Policy in two separate instances over a period of three years inclusive, given that the time between the May 2018 report and the report (June 22, 2020) from the Manager, Fair Wage Office, is equivalent to any disqualification period which might have been imposed for multiple instances of any Fair Wage Policy non-compliance.

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (June 19, 2020) from the City Solicitor [GL14.15a] remain confidential in its entirety, as it is about litigation or potential litigation that affects the City of Toronto and contains advice which is subject to solicitor-client privilege.

Upon conclusion of a Judicial Review, Toronto’s Fair Wage Office was ordered by the Divisional Court on October 15, 2019 to reconsider its decision to disqualify Queensway Excavating and Landscaping Ltd. (Queensway) for non-compliance with Toronto’s Fair Wage Policy.

The Fair Wage Office reconsideration is related directly to Government Management Committee Report, Item GM27.16 adopted by City Council on May 22, 2018 resulting in the disqualification of Queensway from bidding on City contracts for a period of two years. Report GM27.16 detailed that Queensway was non-compliant with the Fair Wage Policy in 2016 and 2018. In 2019-2020, the Fair Wage Office conducted a reconsideration of the 2018 Fair Wage decision with the proper notice and disclosure and provided Queensway with an opportunity to be heard as required by the Court.  The reconsideration decision in February 2020 determined that Queensway was non-compliant with the City's Fair Wage Policy.

This report recommends that Queensway not be disqualified from conducting business with the City of Toronto for a period of two years. This report further recommends that the time between the May 22, 2018 adoption of the Government Management Committee Report GM27.16 and this report, wherein Queensway was unable to bid on City contracts be deemed to be the equivalent of any disqualification period which might have been imposed for any Fair Wage Policy non-compliance.

On October 15, 2019, the Divisional Court set aside the 2018 decision of the Fair Wage Office (the "Office") that Queensway Excavating and Landscaping Ltd. ("Queensway") had violated the City's Fair Wage Policy (the "Policy"). In consequence, the Court also set aside Council's decision to disqualify Queensway from bidding on City contracts for two years. The Court also remitted the original issue of whether Queensway had operated in breach of the Policy back to the Office for reconsideration in accordance with the principles set out in the decision. The results of the Office's reconsideration are set out in the report entitled Queensway Excavating & Landscaping Ltd. - Reconsideration of Disqualification from City Contracts for Fair Wage Policy Non-Compliance, which has also been submitted to the Committee for consideration.

Subsequently, Queensway brought two separate legal proceedings against the City. The first legal proceeding was for payment of monies owed to it for work performed prior to its suspension, which had been held by the City pending the Office's determination of the amounts owed to Queensway's employees.  The second was a claim for damages that Queensway alleged it incurred as a result of the fact it was unable to bid on City contracts in the interval between March, 2018, when Council decided to suspend Queensway from bidding, and October, 2019, when the Court set aside Council's decision.

This report summarizes the Court's decision and the issues raised in the other legal proceedings. Confidential Attachment 1 provides legal advice relating to Queensway's current legal proceedings.

The General Government and Licensing Committee recommends that:

1. City Council grant authority to the General Manager, Fleet Services to negotiate and enter into a non-competitive agreement with FCA Canada Inc., for the supply and delivery to the City Original Equipment Manufacturer (OEM) parts and services for Chrysler, Jeep, Dodge and Ram vehicles on the following terms and conditions:

a. The initial term of the contract will be for a period of five (5) years, commencing on September 1, 2020 to August 31, 2025 with the option to renew the contract for one (1) optional renewal term of five (5) years, subject to the exercise of the option term being at the sole discretion of the General Manager, Fleet Services and subject to the amounts payable under the contract being available under the current Fleet Services Division budget approval(s). The amount of this non-competitive agreement is $14,220,598 net of HST ($14,470,881 net of HST recoveries) for the entire duration of the contract, inclusive of all optional renewal terms;

b. Separate service level agreements will be negotiated with individual dealerships through Servicenet, the FCA authorized dealer network;

c. The contract will be based on the condition that FCA Canada Inc. continues to be the exclusive manufacturer and distributer for the proprietary OEM parts and services for Chrysler, Jeep, Dodge and Ram vehicles through a Servicenet National Maintenance Program inclusive of an authorized dealer network; and

d. On the 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 Council authority for the General Manager, Fleet Services Division to negotiate and enter into a non-competitive contract with FCA Canada Inc. (Fiat, Chrysler Automobiles) for the supply and delivery to the City of Toronto (City), proprietary Original Equipment Manufacturer (OEM) parts and services for Chrysler, Jeep, Dodge and Ram vehicles.

The contract will be for a period of five (5) years commencing from September 1, 2020 to August 31, 2025 with the option to renew the contract for one (1) optional term of five (5) years from September 1, 2025 to August 31, 2030 at the sole discretion of the City, and subject to budget approvals for the total amount of $14,220,598 net of Harmonized Sales Tax (HST) ($14,470,881 net of HST recoveries), inclusive of all option renewal terms.

Fleet Services estimates that by adopting this manufacturer-direct service delivery model with FCA Canada Inc., savings in the amount of $723,544 can be realized over the ten (10) year period.  This does not include savings from manufacturer-direct procurement that is already in place, or internal process savings from the reduced procurement and payment efficiencies that will also be obtained. 

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 (5) year commitment 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, Parks, Forestry and Recreation to negotiate and sign on behalf of the City a non-competitive agreement with G.C. Duke Equipment Limited for the supply, delivery and warranty of proprietary parts and services for Jacobsen, Ransomes and Cushman machines, for a period of five (5) years from August 1, 2020 to July 31, 2025 in the amount of $796,370, net of Harmonized Sales Tax ($810,386, net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive contract with G.C. Duke Equipment Limited (G.C. Duke) being the only authorized dealer in Ontario for the supply of proprietary parts and service for Jacobsen, Ransomes and Cushman machines.

The contract will be for a period of five (5) years, commencing on August 1, 2020 to July 31, 2025 in the total amount of $796,370, net of Harmonized Sales Tax ($810,386, net of Harmonised Sales Tax recoveries).

Mowers are acquired by Fleet Services and are sourced through a competitive solicitation process. Parks, Forestry and Recreation Division (PF and R) Small Engine Mechanics maintain the equipment and must use Original Equipment Manufacturer (OEM) parts to ensure manufacturer's warranty for the mowers remains valid. This contract will ensure the continued operation of all golf courses and parks operated and maintained by the City of Toronto.

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 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, Parks, Forestry and Recreation to negotiate and enter into a non-competitive agreement with Zamboni Company Limited for the supply of proprietary parts and services to Zamboni Ice Resurface Machines, Ice Conditioner Boxes and Zamboni Ice Edgers, for a period of five years from November 1, 2020 to October 31, 2025 in the amount of $917,366.00 net of taxes and ($933,512.00 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to enter into a non-competitive contract with Zamboni Company Limited (Zamboni) being the only authorized dealer for the supply of proprietary parts and services to Zamboni Ice Resurface Machines, Ice Conditioner Boxes and Zamboni Ice Edgers in the total amount of $917,366 net of Harmonized Sales Tax and ($933,512.00 net of HST recoveries) for a period of five (5)years from November 1, 2020 to October 31, 2025.

Ice resurface machines are acquired through Fleet Services and are sourced through a competitive solicitation process. Parks, Forestry and Recreation Small Engine Mechanics maintain the equipment and must use Original Equipment Manufacturer (OEM) parts to ensure manufacturer's warranty for the resurfacers remains valid. This contract will ensure the continued operation of all arenas and outdoor artificial ice rinks operated by the City of Toronto.

City Council approval is required in accordance with Toronto Municipal Code, Chapter 71 Financial Control, Section 71-11A, where the total amount of $917,366.00 net of Harmonized Sales Tax and ($933,512.00 net of HST recoveries) exceeds staff authority.

The General Government and Licensing Committee recommends that:

1.  City Council grant authority to the General Manager, Transportation Services, to negotiate and execute a non-competitive contract with Moore Canada for the supply of Speedimailer, printing and sealing services for the On-Street Permit Parking Program in the amount of $300,000.00, net of HST ($305,280.00, net of HST recoveries) for the contract period of September 1, 2020 to December 31, 2022, on terms and conditions satisfactory to the General Manager, Transportation 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 contract with Moore Canada Corporation (Moore Canada) for the supply of the Speedimailer renewal forms and permits (Speedimailer), printing and sealing services for the On-Street Permit Parking Program in the amount of $300,000.00 net of HST, for the period September 1, 2020 to December 31, 2022.  

This Speedimailer product is proprietary to Moore Canada and requires printing and sealing on their specialized equipment.  Approval of this non-competitive contract will allow Transportation Services to continue to provide permit parking services to the public until such time as the comprehensive parking strategy review is completed.

This report also includes as information, purchases not previously reported that occurred during the period October 2017 to March 2020 inclusive, at a total value of $214,146.71 net of HST. 

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 Harmonized Sales Tax 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 grant authority to the Chief Information Security Officer to negotiate and enter into a non-competitive agreement with KPMG for a period of an eight (8) month term in the amount of $1,978,007 net of Harmonized Sales Tax ($2,012,820, net of Harmonized Sales Tax recoveries) to develop an effective ransomware resilience framework and governance, on terms and conditions satisfactory to the Chief Information Security Officer and in a form satisfactory to the City Solicitor.

2. City Council direct that the information in the confidential attachment to the report (June 22, 2020) from the Chief Information Security Officer and the Chief Purchasing Officer be released when the ransomware risks have been remediated and as the discretion of the Chief Information Security Officer and the City Solicitor.

The purpose of this report is to seek City Council authority for the Chief Information Security Officer to negotiate and enter into a non-competitive agreement with KPMG LLP (KPMG) for professional services for an eight (8) month term. The Services are required immediately to enhance the City's ransomware resilience in order to minimize the impact attackers could cause if they managed to penetrate the City's technology defenses. It is essential to build an effective ransomware resilience framework and governance to enhance the City's capacity to sustain operations and deliver services to its citizens through a cyberattack while minimizing both disruption and reputational harm. Due to time constraints of having these services begin immediately, a competitive call process cannot be done.

The total cost of the agreement with KPMG to build the ransomware resilience framework and governance is $1,978,007 net of Harmonized Sales Tax ($2,012,820, net of Harmonized Sales Tax 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 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 Infrastructure and Environment Committee recommends that:

1. City Council direct that the information in Confidential Attachment 1 to the report (June 24, 2020) from the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Procurement Officer remain confidential in its entirety as it relates to commercial or financial information that belongs to the City and has potential monetary value, and it involves a position, plan or procedure, criteria or instruction to be applied to any negotiation carried on, or to be carried on by or on behalf of the City.

2. City Council authorize the Chief Engineer and Executive Director of Engineering and Construction Services and/or designate to negotiate and enter into an appropriate form of agreement with Aecon, the current contractor of the F.G. Gardiner Expressway Rehabilitation Project: Section 1 – Jarvis Street to Cherry Street (Contract No. 18ECS-TI-01GE), to deliver the Water Works based on the terms and conditions set out in Confidential Attachment 1 to the report (June 24, 2020) from the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Procurement Officer and on terms satisfactory to the Chief Engineer and Executive Director of Engineering and Construction Services and each in a form satisfactory to the City Solicitor.

The purpose of this report is to request authority to negotiate and enter into a new or amending agreement with Aecon Construction and Materials Limited (Aecon), the contractor for the F.G. Gardiner Expressway Rehabilitation Project: Section 1 – Jarvis Street to Cherry Street (Contract No. 18ECS-TI-01GE), to construct a new sanitary sewer and watermain (Water Works) along Lower Jarvis Street, intersecting Aecon's Gardiner Expressway construction work zone. The terms and conditions of the proposed agreement are set out in Confidential Attachment 1 of the report.

These Water Works involve the upgrading of the existing sanitary sewer along Lower Jarvis Street from south of Lake Shore Boulevard to north of the Metrolinx Lakeshore East Corridor bridge over Lower Jarvis Street; and the replacement of the existing 90 year old cast iron watermain, which is in poor condition, along Lower Jarvis Street, from The Esplanade to Queen's Quay.

Undertaking this work now will ensure that adequate sanitary sewer capacity will be in place by mid-2021, to support the new development in the East Bayfront Waterfront Community; and given the major traffic disruption resulting from this construction undertaking this work now aligns with the City's objective of accelerating construction, where possible, to take advantage of the lower traffic volumes as a result of the COVID-19 pandemic.

The Infrastructure and Environment Committee recommends that:

1. City Council direct that Renewable Natural Gas (RNG) produced at the Dufferin and Disco Road Organic Processing Facilities be delivered by Solid Waste Management Services via the local gas utility distribution company for distribution to all enrolled City gas accounts under the City Natural Gas Purchasing Program managed by the Environment and Energy Division and to those enrolled accounts for City's agencies, boards and corporations that elect to purchase RNG, at a cost per cubic meter not to exceed the amounts required to fully recover all RNG capital and operating costs.

2. City Council direct City Divisions to include funding in all applicable 2021 and forward Operating Budgets to reflect the fully recoverable incremental costs for acquiring and consuming the Renewable Natural Gas (RNG).

3. City Council direct that all capital and operating costs for the Renewable Natural Gas (RNG) program incurred by Solid Waste Management Services calculated on a full cost recovery basis are to be funded through the general tax rate/utility rate, as proportionally required, and not funded by the Solid Waste Management Services Rate Budget except for Solid Waste Management Services proportional allocation of the RNG and natural gas blend.

4. City Council direct the General Manager, Solid Waste Management Services, to report annually through the budget process to Council on the actual production and operating costs and to report out annually on the Renewable Natural Gas (RNG) program.

5. City Council direct the City Manager or designate to direct the terms and conditions to apply to the delivery, receipt and payment for all Renewable Natural Gas (RNG) to facilitate advancing the above recommendations and to negotiate and enter into any agreement(s) to advance the above recommendations on terms satisfactory to the City Manager or designate and in a form satisfactory to the City Solicitor.

6. City Council direct the General Manager, Solid Waste Management Services, to seek federal and provincial funding for the Solid Waste Management Renewable Natural Gas strategy.

7. City Council direct that any funding obtained through Recommendation 6 be allocated to offset the overall Renewable Natural Gas program costs.

The purpose of this report is to provide an update on Solid Waste Management Services (SWMS) renewable natural gas projects underway, detail the recommended renewable natural gas strategy whereby all the RNG is retained and used by the City of Toronto including options for its agencies, boards and corporations to use, and seek authority to enter into any agreements necessary to execute this strategy, thus taking concrete actions towards advancing the City's TransformTO reduction targets.

In 2016, City Council granted the General Manager, Solid Waste Management Services, delegated authority to enter into Renewable Natural Gas (RNG) Projects and agreements. Further to this authority, in 2019, City Council also granted the General Manager, Solid Waste Management Services delegated authority to negotiate and enter into any new agreements, amendments of existing agreements, or acknowledgements, including on the basis of a non-competitive procurement under Municipal Code Chapter 195, Purchasing, necessary in connection with the efforts to produce, manage, market, distribute, use and sell RNG and other environmental attributes associated with RNG production.

In 2019, City Council declared a Climate Emergency and adopted a stronger emissions reduction target for Toronto – net zero by 2050 or sooner. As a result, Solid Waste Management Services has shifted its focus from the sale of RNG to a third party consumer, to addressing Council's declaration and implementing a program that leverages closed loop innovation towards TransformTO's Greenhouse Gas (GHG) reduction targets.

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

This report explains the results of the review conducted by Parks, Forestry and Recreation of work performed by tree maintenance vendors, which was undertaken in response to City Council's direction to the General Manager, Parks, Forestry and Recreation and arising out of the Auditor General's April 26, 2019 Report "Ensuring Value for Money for Tree Maintenance Services".  It also provides advice with respect to potential legal action.

The Infrastructure and Environment Committee recommends that:  

1. City Council request that the General Manager, Transportation Services, report back to the Infrastructure and Environment Committee on November 5, 2020 on the recommendations below, including, but not limited to, injury, fatality and collision investigations and data collection and tracking, further standards development for e- scooter device design, as well as consultations on proposed by-law changes with the accessibility community and other external (including the public) and internal stakeholders (e.g., Toronto Police Services, Toronto Parking Authority, and Toronto Public Health), including proposed by-law changes based on best practices developed in Canadian Municipalities required to opt in to the Provincial e-scooter pilot for May 2021, including, but not limited to, where e-scooters would be allowed to operate and be parked in the city right of way.

2. City Council amend Municipal Code Chapter 179 - Parking Authority by adding the term, "micromobility", in section 179-7.1 to expand the Toronto Parking Authority's authority over the bike share system to add micromobility share system as shown in the amended section in Attachment 1 to the report (June 24, 2020) from the General Manager, Transportation Services.

3. City Council request that the Ontario Ministry of Transportation amend the Motor Vehicle Collision Report to add electric kick-scooters as a vehicle type and to treat e-scooters as a motor vehicle for reporting purposes.

4. City Council request that the Ontario Ministry of Transportation and the Ontario Ministry of the Attorney General establish set fines for violations of O. Reg. 389/19, Pilot Project - Electric Kick-Scooters, and communicate these set fines to Toronto Police Services through an All Chiefs Bulletin.

5. City Council request that the General Manager, Transportation Services, consult with internal and external stakeholders regarding the lack of available medical coverage for e-scooter users and non-users when injured, and explore options with other government and industry stakeholders on creating a solution for automatic no-fault benefits for medical and rehabilitation expenses not provided through the Ontario Health Insurance Plan (OHIP) for those injured in incidents involving e-scooters and other micromobility devices.

6. City Council request that the Ontario Ministry of Transportation strengthen its standards and specifications for e-scooters in O. Reg. 389/19, Pilot Project - Electric Kick-Scooters based on the latest best practice research.

7. City Council request that the General Manager of Transportation, in consultation with health agencies and/or academic partners, to explore options and methods for studying the health impacts of e-scooter use, including, but not limited to, tracking the number and types of injuries and fatalities related to e-scooters.

8. City Council request that the General Manager, Transportation Services, report back through the 2021 budget process, and in consultation with the Toronto Parking Authority, Toronto Police Services, the Chief Financial Officer and Treasurer, and other Divisions as necessary, on the financial and additional staff resources required to manage the implementation, operation, and enforcement of e-scooters in Toronto.

9. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the recommendations in the report (June 24, 2020), titled "E-Scooters - A Vision Zero Road Safety Approach", in consultation with the General Manager, Transportation Services and the President, Toronto Parking Authority.

E-scooters, or electric kick-scooters, are a new vehicle type suited for short urban trips. Since 2017, they have emerged in many cities across North America and Europe as they provide convenient, low-cost solutions for short trips and can provide connections to other modes of travel such as transit.

On January 1, 2020, new Provincial regulations came into effect that allow Ontario municipalities to opt in to a five-year e-scooter pilot project subject to conditions. This requires revising municipal by-laws to identify where e-scooters would be allowed to be used. Key pilot rules for e-scooter riders include a minimum operation age of 16, maximum travel speed of 24 km/hr, mandatory riding in bike lanes where available, and helmets required if the rider is under 18 years old.

This report is informed by a Vision Zero approach to road safety, particularly for vulnerable road users, while also considering the potential benefits of e-scooters such as convenience and alternatives to automobile use for short trips. Based on extensive research and consultations, this report recommends an approach that reduces the likelihood of e-scooter risks to riders, impacts on people with accessibility needs, community nuisance, and liability to the City, as well as enhancing the public benefits.

City staff recommend that the Toronto Parking Authority (TPA) be authorized to serve as the provider of shared micromobility services to allow for the implementation of more safeguards and better coordination with other municipal services, especially Bike Share. This approach would result in a competitive procurement process for shared e-scooters that complements Bike Share Toronto. The use and parking of e-scooters would continue to be prohibited in Toronto until such time that the TPA service has been contracted and City resources for enforcement are in place.

This report also recommends the need for improved industry standards at the provincial and federal levels for greater consumer protection in the purchase and/or use of e-scooters. While staff are aware that e-scooters are being considered as an open-air transportation option, the absence of improved standards and available insurance for e-scooter riders, coupled with lack of enforcement resources, would risk the safety of riders and the public on the City's streets and sidewalks, especially for people with disabilities.

Next steps are to commence development of an RFP by the TPA, with support by Transportation Services, and for City staff to report back in the first quarter of 2021 with an update on progress on opting into the pilot and proposed pilot by-law changes applicable to e-scooters (personal and shared) for an e-scooter pilot recommended for May 2021.

At its meeting on February 3, 2020, the Toronto Accessibility Advisory Committee considered Item DI7.3, E-scooter Oversight and Management - Accessibility Feedback.

The Infrastructure and Environment Committee recommends that:

1. City Council request the Ontario Ministry of Transportation review and revise their definition of a power-assisted bicycle to differentiate between different e-bike types including e-cargo cycles (e.g., bicycle-style e-bikes including pedelecs and throttle-only, and scooter-style e-bikes) and that they work with the City of Toronto and other municipalities to ensure that definitions are consistent between jurisdictions by Fall 2020.

2. City Council request the General Manager, Transportation Services, to develop a proposed regulatory framework for micromobility that differentiates between different e-bike types including e-cargo cycles (e.g., bicycle-style e-bikes including pedelecs and throttle-only, and scooter-style e-bikes), and the infrastructure that they are permitted to use, in consultation with cycling groups, road safety groups, e-bike and cargo bike manufacturers, distributors, and users, and other relevant stakeholders and City Divisions, and  to report to the Infrastructure and Environment Committee in Spring 2021.
 

3. City Council amend Section 886-1 of City of Toronto Municipal Code Chapter 886, Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks, by inserting a new Section C as follows:

C.  As used in Sections 886-14 and 886-15 of this chapter, the following term shall have the meaning indicated:

BICYCLE - Includes a bicycle, tricycle, unicycle, and a power-assisted bicycle which requires pedalling for propulsion ("pedelec"), or other similar vehicle, but does not include any vehicle or bicycle capable of being propelled or driven solely by any power other than muscular power.

4. City Council request that the General Manager, Transportation Services, report on progress in its Freight and Goods Movement Strategy in Fall 2020 on pilot project proposals for e-cargo cycles, including potential for feasibility of requiring evidence of driver training and other initiatives with industry and government partners.

Cycling is a popular, sustainable, and viable mode of transportation in Toronto. Its popularity has increased since the onset of the pandemic as more people seek alternatives to get around the City safely, and more businesses are interested in cycling solutions for delivering goods in urban areas. The benefits are numerous: reducing GHG emissions and transportation-related air pollutants, reducing traffic congestion, and protecting more public space for amenities such as outdoor dining.

Transportation Services have done tremendous work in expanding bike infrastructure through ActiveTO. One element that remains missing is regulatory clarity for pedal-assisted e-cargo cycles, in order to expand their use by residents who are shopping, or for businesses to make deliveries using the City's new and existing cycle tracks. 

Pedal-assisted e-cargo cycles can be used for transporting shopping, deliveries, and even safely carrying children. However, a limiting factor for increasing the use and uptake of e-cargo cycles is the weight restriction of 40kg for determining which bicycles are allowed on cycle tracks. While e-cargo cycles weighing more than 40kg can use bike lanes, it makes sense to extend this ability to cycle tracks for pedal-assist e-cargo cycles, and we can do this today – in recognition of cycling as a viable form of transportation. Online shopping has surged during the pandemic and is expected to continue in the long-term, resulting in increased demands for deliveries. 

With the tens of thousands of cyclists making use of the City's cycling infrastructure recently, the City has an opportunity to proactively update its policies to provide regulatory clarity for residents and for businesses interested in the use of e-cargo cycles. Cycling is a green economic development opportunity. A further next step is having clarity and consistency about the rules for operating pedal-assisted and power-assisted bicycles, which are confusing to consumers due to the different regulations by different orders of government and the different styles of power-assisted bicycles.

Online shopping has surged during COVID-19 and is anticipated to continue in the long-term, resulting in increased demands for deliveries. Pedal-assisted cargo cycles will help residents and businesses transport shopping and deliveries. While e-cargo cycles over 40kg are allowed in bike lanes in Toronto, they are not allowed in cycle tracks. This report is seeking to extend this permission to cycle tracks for pedal-assisted cargo cycles weighing more than 40kg.

In addition, this report recommends further steps to support e-cargo cycles and micromobility. These include working with the Province on greater regulatory clarity on the different e-bike types, and requesting permission from the Province to pursue pilot projects for e-cargo bike deliveries where exemptions are needed from existing restrictions such as a 120kg weight limit for power-assisted bicycles under the Ontario Highway Traffic Act.

The Infrastructure and Environment Committee recommends that:

1. City Council request the General Manager, Transportation Services to continue to upgrade the cycle lane at intersections along Dundas Street East between Broadview and Kingston Road to include protection. 

2. City Council request the General Manager, Transportation Services to immediately implement temporary protected bicycle lanes (cycle tracks) along Dundas Street East between Broadview and Kingston Road where possible. 

3. City Council request the General Manager, Transportation Services to report to the October 6, 2020 meeting of the Infrastructure and Environment Committee on:

a. a timeline for upgrading Dundas Street East to a cycle track, including consultation and construction;

b. suitable connections between the Danforth and the Cosburn bike lanes in Ward 14 and timelines for consultation, design and installation; and

c. an update on design and implementation for recommendations 1 and 2 above. 

On May 28, 2020, City Council adopted CC21.20 Cycling Network Plan Installations: Bloor West Bikeway Extension & ActiveTO Projects and requested Transportation Services to report to the July 9, 2020 meeting of the Infrastructure and Environment Committee on the status of previous requests to improve the bike lanes on Dundas Street East.  The purpose of this report is to provide an update on these requests.

Bicycle lanes on Dundas Street East have long provided a vital east/west cycling connection. In the 2001 Toronto Bike Plan, Dundas Street East was identified as a candidate for bicycle lanes from River Street to Kingston Road and in 2003, bicycle lanes were installed on the section of Dundas Street East from Broadview Avenue to Kingston Road.  The Dundas Street East bicycle lanes are connected to the protected bicycle lanes on Woodbine Avenue via contra-flow bicycle lanes on Dixon Avenue.

Transportation Services has installed a number of safety improvements along Dundas Street East including pavement marking enhancements along the corridor and intersection improvements at Dundas Street East and Jones Avenue.

In June 2020, as part of the ActiveTO program, temporary protected bicycle lanes (cycle tracks) were installed to extend the Dundas Street East bicycle lanes by 1 kilometre (km) from their end point just east of Broadview, west to Sackville Street to provide a safe connection through the Broadview intersection and over the Don Valley Parkway bridge.

The Infrastructure and Environment Committee recommends that:  

1. City Council direct the General Manager, Transportation Services to work with the Board of Governors of Exhibition Place as may be required to establish and implement a Transportation Innovation Zone at Exhibition Place.

2. City Council authorize the use of the property of Exhibition Place for a transportation innovation zone for up to five years on the condition that the operations of the innovation zone do not interfere or inhibit with public access to the Exhibition Place grounds used as parks or open space. 

3. City Council request the General Manager, Transportation Services to report back on the establishment and implementation of a Transportation Innovation Zone at Exhibition Place in the pending report to Infrastructure and Environment Committee on the framework for, and designation of, innovation zones, as directed for no later than the fourth quarter of 2020.

Urban transportation is undergoing rapid change from the arrival of new, innovative mobility technologies such as micromobility, private transportation companies, as well as electric, connected, and automated vehicles. Other, less visible shifts are also underway, such as the development of smarter traffic control systems, new paving materials, and new ways of monitoring and evaluating the transportation system.

Leading up to and amidst the COVID-19 pandemic, many advanced technologies and approaches are being proposed to support the movement of people and goods. City staff need a way to transparently trial and evaluate innovations in order to understand their potential value in Toronto's unique context and plan for wider integration. New technologies need to be demonstrated and measured in a controlled, real-world environment to understand potential benefits and impacts to key variables like safety, accessibility and privacy.

Real-world test environments can also support local economic development by providing access to innovators, especially small- and medium-sized enterprises, who are developing custom solutions in the Toronto area. Further, public test environments provide an opportunity for participants to engage the public and demonstrate the potential value of their technologies. To meet these needs, the Transportation Innovation Zones program will facilitate trials of transportation approaches and technologies in the public right of way.

With this report, Transportation Services staff are proposing to partner with Exhibition Place, an agency of the City of Toronto, to establish and implement the flagship Transportation Innovation Zone at Exhibition Place. The Exhibition Place Board of Directors supports this proposal. These grounds offer a unique environment near downtown that can be customized for a wide array of trials, making it attractive to innovators. The City of Toronto and Exhibition Place share a mutual interest in supporting the advancement of urban transportation, building on a strong history of innovation at this landmark site.

The Infrastructure and Environment Committee recommends that:

1. City Council direct the General Manager, Transportation Services to work with other City Divisions to enhance pedestrian protection and safety for the places of worship including:

a. making bollards and planters available to enhance pedestrian safety and protection in the immediate vicinity of places of worship.

b. exploring, opportunities to deploy street furniture as a means of enhancing pedestrian safety and protection for places of worship.

Last year, given that places of worship were being targeted and attacked by criminal acts of hate, I have moved a motion to request that the Toronto Police Services Board examine a possibility of creating a Task Force to help prevent and deal with threats to places of worship that may be targeted of a criminal attack that would seek to harm innocent members of religious congregations.

Specifically in my own Ward 8, several places of worship requested to enhance and improve safety and security for communities where there is a vulnerability to possible unprovoked acts of hate on religious institutions.

Given that I represent one of the most uniquely religiously diverse areas of our great City that is home to over 100 synagogues and religious school that are finding it more and more financially challenging to provide safety and security for their institutions, on behalf of citizens of Ward 8, I respectfully seek your approval to provide Public Realm improvements and street furniture to enhance pedestrian protection and safety for the places of worship.

Something needs to be done in order to protect our places of worship in the City and ensure the safety of the most vulnerable from these unprovoked acts of hate on religious institutions.

The Infrastructure and Environment Committee recommends that:

1. City Council request the Deputy City Manager, Community and Social Services and the Deputy City Manager, Infrastructure and Development Services to work with "Our Greenway", Duke Heights Business Improvement Area, Albion Islington Square Business Improvement Area, Emery Village Business Improvement Area, Residents Groups, and General Manager, Transportation Services and report back to the Infrastructure and Environment Committee in the fourth quarter of 2020 on next steps required to:

a.  Plan, construct and maintain the Mobility Greenway;

b.  Determine proposal alignment with City approved strategies and recommendations related to Recovery and Rebuild efforts and guiding policies;

c.  Explore options to obtain federal and provincial funding supporting the building of a fully functional Mobility Greenway pilot section in northwest Toronto.

The construction of the Mobility Greenway could greatly improve the transportation of goods across the City. Creating the project could take some coordination.

The Infrastructure and Environment Committee recommends that:

1. City Council direct the General Manager of Parks, Forestry and Recreation, in consultation with the Toronto Office of Recovery and Rebuild and other City Divisions to undertake a review of current plans with the inclusion of a COVID-19 Pandemic Protection Lens to ensure all changes and redevelopment in these parks incorporate public health protection protocols like physical distancing, expansion of open green spaces and hand washing stations to help ensure the safe enjoyment of these parks including the taking into account of Pandemic Protection considerations when deciding which athletic or recreational activities are included in the design of these parks, and report to the Infrastructure and Environment Committee in the fourth quarter of 2020.

Given the City of Toronto Parks, Forestry & Recreation Division is about to undertake substantial revitalization and re-development plans of parks including: 1.Eglinton Park 2.Triangle Park (temporary name until naming process consultation is undertaken) as part of the Lawrence Heights Revitalization, and 3.Baycrest Park.

The Planning and Housing Committee recommends that:  

1. City Council enact the Zoning By-law amendments substantially in accordance with Attachment 1 to the report (June 25, 2020) from the Chief Planner and Executive Director, City Planning.

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

The Planning and Housing Committee held a statutory public meeting on July 13, 2020, and notice was given in accordance with the Planning Act.

This report proposes technical amendments to Zoning By-law 569-2013 to correct typographical errors; add, remove or replace words; revise regulations in order to clarify or correct interpretations; and make adjustments to zoning and overlay map boundaries.

Technical changes to correct minor errors are also proposed to previous site-specific zoning amendments to Zoning By-law 569-2013 to correct minor errors.

All proposed amendments are in keeping with Council's intent when it first approved the by-laws. None of the amendments affect the substance of Zoning By-law 569-2013 or the site-specific by-laws.

The Planning and Housing Committee recommends that:

1. City Council receive the 2019 Annual Report from the Chair of the Toronto Local Appeal Body, contained in Attachment 1 to the report (June 23, 2020) from the Director, Court Services for information.

2.  City Council direct the City Manager, in consultation with the Director, Court Services, the Chief Planner and Executive Director, City Planning and the City Clerk, to review the recommendations in the Toronto Local Appeal Body Chair's 2019 Annual Report (June 23, 2020) from the Director, Court Services and report back to the Planning and Housing Committee by the first quarter of 2021 on the feasibility of implementing the Chair's recommendations.

Enacted on May 3rd, 2017, the Toronto Local Appeal Body (TLAB) is an independent quasi-judicial tribunal established through the City of Toronto Municipal Code Chapter 142, City of Toronto Act and other provincial legislation. The Tribunal provides a public forum for the adjudication of land-use disputes related to applications under Sections 45 and 53 of the Planning Act.

The TLAB is composed of 10 members including the Chair, Vice Chair and 8 Panel Members who are nominated by an impartial citizen-member nominating panel with recommendations for appointments submitted to City Council.  City Council appoints Members of the TLAB for a four-year term of office.

The Planning and Housing Committee recommends that:  

1. City Council adopt the updated Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines, included as Attachment 1 to the report (June 25, 2020) from the Chief Planner and Executive Director, City Planning. 

2. City Council direct the Chief Planner and Executive Director, City Planning, to apply the Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines in the evaluation of new and under review multi-unit residential development proposals greater than 20 residential units and future city-wide and area-based planning frameworks.

3. City Council request the Chief Planner and Executive Director, City Planning, to develop a monitoring program for the Growing Up Urban Design Guidelines to track the provision of residential unit types and sizes, and changes to housing occupancy trends of households living in buildings greater than five storeys, and report back to the Planning and Housing Committee every two years.

This report recommends Council's adoption of the updated Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines ("the Guidelines"). The Guidelines are a result of a two-year study and two-year period of implementation and monitoring, focused on how new mid-rise and tall buildings can be developed as vertical communities to support social interaction and better accommodate the needs of all households, including those with children.

Toronto is increasingly a vertical city as 94 percent of all new residential units are contained within mid-rise and tall buildings. A single tall building today may contain more units and a higher population than some of the subdivisions and neighbourhoods that formed Toronto in the 19th and 20th centuries. Planning for these buildings must be intentional about how they function as vertical communities to support a diversity of housing, and contribute to Toronto's liveability in the long-term.

The Guidelines address three scales of development: the neighbourhood, the building, and the unit. The Guidelines speak to the collective responsibility of the City and development industry to address quality of life for children and youth. This includes ensuring the provision of safe streets to support children's independent mobility, parks, schools, community facilities, retail and amenities in addition to a diversity of housing sizes to accommodate larger households, including multi-generational households with seniors.

Since City Council directed staff to apply the draft Guidelines to all new development greater than 20 units in 2017, the City has seen a significant increase in the number of two- and three-bedroom units planned for construction. The Guidelines have informed the review of over 100 new developments, and have contributed to Secondary Plan policies across the city. The Growing Up Guidelines have helped shaped the public conversation about the role of vertical development in delivering complete communities and has positioned Toronto as a global leader among rapidly developing urban centres as they grow 'up'.

The Planning and Housing Committee recommends that:  

1. City Council approve the recommended approach and work plan described in Attachment 1 - Expanding Housing Options in Neighbourhoods, to the report (June 26, 2020) from the Chief Planner and Executive Director, City Planning.

2. City Council request the Chief Planner and Executive Director, City Planning to consult with the public, various stakeholders including community associations, and equity seeking groups to provide for a broad and inclusive consultation process.

3. City Council endorse the following priority projects for staff to commence work on the work plan and direct staff to report back on Official Plan and Zoning By-law amendments that could advance consideration of these matters:

a. Increasing permissions for additional residential dwelling units generally within currently permitted building envelopes in residential zones;

b. permissions for other forms of low-rise housing in areas designated as Neighbourhoods, along Major Streets; and

c. Allowing garden suites, coach houses, through-lot suites, and other forms of additional units in accessory buildings.

4. City Council request the Chief Planner and Executive Director, City Planning to include consideration of a variety of co-housing forms as part of the overall work program.

5.City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Chief Executive Officer, CreateTO, to prepare a pilot implementation project in Ward 19 no later than the fourth quarter of 2020 to achieve the objectives outlined in the report (June 26, 2020) from the Chief Planner and Executive Director, City Planning.

The Senior Planner, City Planning gave a presentation on Expanding Housing Options in Neighbourhoods.

On July 16, 2019, City Council adopted Member Motion MM9.36 entitled "Expanding Housing Options in Toronto - Tackling the Missing Middle and the Yellowbelt". The motion directed City Planning to report on options and a timeline to increase housing options and planning permissions in areas of Toronto designated as Neighbourhoods in Toronto's Official Plan and to consult with registered community associations. In addition, staff were to include opportunities for a missing middle pilot in Ward 19 -Beaches-East York.

The term “missing middle” refers to housing types ranging from duplexes to low-rise walk-up apartments, all of which can be found in many parts of Toronto today, but which are also limited in where they can be newly built.

The Planning and Housing Committee recommends that:  

1. City Council consent to the transfer of 123 Coxwell Avenue, from Accommodation, Information, and Support to WoodGreen Community Housing Inc. provided WoodGreen Community Housing Inc. assumes the obligations of Accommodation, Information, and Support under the social housing agreement with the City by way of an assignment and assumption agreement; and

2. City Council authorize the General Manager, Shelter, Support and Housing Administration, to execute and deliver such agreements, notices and consents required to accomplish the foregoing recommendation on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

The City of Toronto and Accommodation, Information and Support ("AIS"), a non-profit housing organization, entered into a social housing agreement in 1994 for the development and operation of 13 dwelling units at 123 Coxwell Avenue. The agreement is governed under section 453.1 of the City of Toronto Act, 2006 and its predecessor City of Toronto Act, 1988, both of which require that any transfer of the property requires the consent of the Toronto City Council.

AIS concluded a voluntary integration with another affordable housing organization, WoodGreen Community Housing Inc. ("WoodGreen"), on April 1, 2020, which includes the transfer of all assets. WoodGreen has assumed all agreements necessary to facilitate the integration, with the exception of the social housing agreement for 123 Coxwell Avenue. Under the terms of the social housing agreement with the City, the transfer of these units from AIS to WoodGreen requires City Council approval.

Accordingly, this report recommends City Council consent to the transfer of the social housing units at 123 Coxwell Avenue from AIS to WoodGreen, and for WoodGreen to assume the obligations of AIS under the social housing agreement, as part of the voluntary integration of the two affordable housing organizations.

The Planning and Housing Committee recommends that:

1. City Council acting as Service Manager under the Housing Services Act, 2011, pursuant to subsection 161 (2), provide consent for the transfer by Toronto Community Housing Corporation of legal title to Block 1 on Plan 66M-2529 (the "Market Block") to Daniels Regent Development Corporation subject to the following conditions:

a. Toronto Community Housing Corporation shall reimburse the Service Manager for all provincial housing costs attributable to the Market Block that the Service Manager shall be responsible for pursuant to the Housing Services Act;

b. Toronto Community Housing Corporation shall have advised the General Manager, Shelter, Support and Housing Administration, of the proposed closing date and undertakes to advise the General Manager, Shelter, Support and Housing Administration, of any extension of the closing date or dates for such sale;

c. Toronto Community Housing Corporation shall provide the General Manager, Shelter, Support and Housing Administration, with details of the transfers to Daniels Regent Development Corporation within ten (10) days of closing, including copies of all registered transfers and the relevant parcel registers, so that the General Manager, Shelter, Support and Housing Administration, may apply to the Province to advise Canada Mortgage and Housing Corporation of the sale and removal of the Market Block from the social housing portfolio;

d. Toronto Community Housing Corporation shall use the net financial proceeds to fund a portion of the cost of construction for the replacement social housing in Regent Park; and

e. such other conditions that the General Manger, Shelter, Support and Housing Administration, considers reasonable and necessary to carry out the recommendations adopted by Council.

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

a. advise the Minister of Housing pursuant to section 163 of the Housing Services Act of the consent provided to the transfer of the Market Block to Daniels Regent Development Corporation and to request that these lands be removed from the social housing portfolio;

b. provide as required Service Manager consent pursuant to subsection 161 (2) of the Housing Services Act on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration, and in a form satisfactory to the City Solicitor, to any construction financing proposed by or on behalf of Daniels Regent Development Corporation; and

c. provide as required Service Manager consent pursuant to subsection 161 (2) of the Housing Services Act on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration, and in a form satisfactory to the City Solicitor, to future transfers of the Market Block by or on behalf of Daniels Regent Development Corporation pending the removal of the Market Block from the social housing portfolio.

3. City Council request the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the General Manager, Shelter, Support and Housing Administration in consultation with the Toronto Community Housing Corporation, to review the feasibility of greatly increasing the number of Rent-Geared-to-Income and affordable housing options in the remaining Phases 4 and 5 of the Regent Park Revitalization project, and to report back on the outcomes, source of funding and a business plan to the Planning and Housing Committee in the first quarter of 2021.

Toronto Community Housing Corporation has embarked on a multi-phase plan to redevelop Regent Park, the country's largest social housing community. Toronto Community Housing Corporation is more than halfway through the revitalization that will replace 2,083 rent-geared-to-income units and develop approximately 5,400 market units and 400 affordable rental units within a 69 acre site.

As part of the Phase 3 Revitalization, on January 10, 2020, Toronto Community Housing Corporation submitted a request to Shelter, Support and Housing Administration for consent to transfer legal title of Block 1, plan 66M-2529 (the Market Block), the last Market Block in Phase 3, to Daniels Regent Development Corporation to be developed as condominiums in connection with the redevelopment. The request for Service Manager consent also includes future transfers of the Market Block and consent to any mortgage granted to Toronto Community Housing Corporation by Daniels Regent Development Corporation to develop the Market Block including all future mortgages. Toronto Community Housing Corporation will use the proceeds from the land sales to fund costs associated with building replacement social housing units. The request has no financial implications to the City.

This report recommends that City Council as Service Manager grant consent for the transfer of the Market Block to Daniels Regent Development Corporation as part of Phase 3 of the Council-Approved Regent Park Revitalization.

The Planning and Housing Committee recommends that:

1. City Council request the Province of Ontario, through the Ministry of the Attorney General, the Ministry of Children, Community and Social Services and the Ministry of Municipal Affairs and Housing to:

a. provide open data on eviction applications heard before the Landlord and Tenant Board, including the type of notice provided by landlords to tenants, the type of application made by landlords to the Landlord and Tenant Board, the size of the household before the Landlord and Tenant Board and the outcome of the application, including the content of any orders (i.e., evicted, not evicted, ordered to repay arrears, etc.);

b. identify tenants in need of housing support services through the eviction process and provide these services for every household that is evicted through the Landlord and Tenant Board, with a goal of timely re-housing;

c. provide and fund emergency shelter spaces and related supports in municipalities for households evicted through the Landlord and Tenant Board at no cost to the municipality until proper housing can be provided for those households; and

d. invest in the development of affordable rental housing and housing benefits in municipalities, commensurate with population and core housing need, and prioritize access for renters who have been evicted and for those who are paying more than 30 percent of income on rent and may be at risk of being evicted.

2. City Council adopt the positions on Bill 184,  Protecting Tenants and Strengthening Community Housing Act, 2020, as outlined in Appendix A, and direct the Executive Director, Housing Secretariat, to formally submit Appendix A, to the report (June 26, 2020) from the Executive Director, Housing Secretariat, as amended by Recommendation 1 above, to the Ontario Ministry of Municipal Affairs and Housing.

The Planning and Housing Committee:

1.  Directed the City Solicitor to report directly to City Council at its meeting on July 28 and 29, 2020 with advice on the possibility of legally challenging those provisions of Bill 184 which undermine the rights of tenants to a fair hearing.

On March 12, 2020 the provincial government introduced Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020.  This Bill amends the Residential Tenancies Act, 2006, Building Code Act, 1992, Housing Services Act, 2011 and enacts the Ontario Mortgage and Housing Corporation Repeal Act, 2020.  The Bill passed Second Reading on May 27, 2020 and was referred to the Standing Committee on Social Policy.  On June 16, 2020 the notice of hearings was posted with a deadline for submissions June 26, 2020.

This reports seeks approval for the attached submission provided to the Standing Committee on Social Policy on June 26, 2020.  The submission was informed by previous Council positions. 

The Planning and Housing Committee recommends that:  

1. City Council declare the properties municipally known as 11 Macey Avenue and a portion of 150 Harrison Street (as outlined in Attachment 2) (the "Sites") surplus, with the intended manner of disposal to be by way of a long-term lease to successful non-profit housing providers, 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.

2. City Council authorize the City of Toronto to accept an offer to lease (the "Offer to Lease") from, and enter into a lease (the "Lease") with, the non-profit modular housing operator selected through the request for proposals process for 11 Macey Avenue (the "11 Macey Successful Proponent") and 150 Harrison Street (the "150 Harrison Successful Proponent"), substantially on the major terms and conditions set out in Attachment 3 to the report (June 26, 2020) from the Executive Director, Housing Secretariat and the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions acceptable to the Deputy City Manager, Corporate Services, or designate, and in a form satisfactory to the City Solicitor.

3. City Council authorize severally the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to accept the Offer to Lease from the 11 Macey Successful Proponent and from the 150 Harrison Successful Proponent on behalf of the City and to execute the Lease for 150 Harrison Street and the Lease for 11 Macey Avenue, and any ancillary agreements or documents, as required, on behalf of the City.

4. City Council authorize the Executive Director, Corporate Real Estate Management, or his/her designate, in consultation with the Executive Director, Housing Secretariat to administer and manage the Leases including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Executive Director, Corporate Real Estate Management may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction.

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

In response to the ongoing COVID-19 pandemic and the urgent need to provide safe and secure accommodation for the City's homeless population, on April 30, 2020, Council approved the purchase and installation of 250 modular homes. The modular homes will be delivered in two phases with an initial 100 homes ("Phase One") ready for occupancy in the Fall and the remaining 150 homes ("Phase Two") ready for occupancy by April 2021. These modular homes will be used to provide permanent affordable housing with supports for individuals who are currently experiencing homelessness.

On April 30, 2020, City Council also authorized the Executive Director, Housing Secretariat to issue a Request for Proposals ("RFP") to select non-profit housing providers to operate the supportive housing to be developed in Phase One. The RFP has been issued and will close at the end of July 2020.

This report recommends Council approval for staff to enter into lease agreements with the selected non-profits that will be identified through the RFP process. Approval of the recommendations in this report will allow staff to meet the expedited timelines to have the Phase One modular homes fully staffed and ready for occupancy in the Fall.

By implementing modular supportive housing, the City is creating permanent housing solutions to help some of our most vulnerable and marginalized residents live in dignified housing with appropriate supports. During the ongoing COVID-19 pandemic, this life-saving initiative will provide individuals with safe spaces to exercise physical distancing and self-isolation. In the longer term, this approach will result in substantial cost savings to the public sector while improving the health and housing incomes of individuals who are currently within the shelter system. Advancing this initiative will also help build resilience within the City's housing and homeless systems.

The modular supportive homes created through this fiscally and socially responsible approach to housing and homelessness will also contribute to the targets set under the City's HousingTO 2020-2030 Action Plan. These targets include the approval of 40,000 new affordable rental units with 18,000 supportive homes (including 1,000 modular homes), and increasing housing stability for Toronto residents over the next ten years.

The Planning and Housing Committee recommends that:

1. City Council authorize the transfer of $4,846,556.00 from Section 37 (Planning Act Reserve Fund - Source Account Number XR3026-3700879) to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) for the purpose of developing, non-profit co-operative, affordable housing at 685 Queen Street East.

2. City Council increase the 2020 Approved Operating Budget for Shelter, Support and Housing Administration by $4,846,556.00 gross, $0 net, fully funded from the Capital Revolving Reserve Fund for Affordable Housing (XR1058), for transfer to Riverdale Co-operative Homes Inc. to support the redevelopment of 685 Queen Street East, from the developments at 77-79 East Don Roadway and 661-677 Queen Street East.

3. City Council authorize the Executive Director, Housing Secretariat to provide $4,846,556.00 in funding from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to Riverdale Co-operative Houses, Inc. subject to the following conditions:

a. the transfer of the designated funds from XR3026 to XR1058; and

b. fulfillment of all applicable conditions governing the release of the designated funds set out in the City's executed Contribution Agreement with Riverdale Co-operative Houses Inc.

The Planning and Housing Committee:

1. Requested the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat to report directly to City Council at its meeting on July 28 and 29, 2020, on a plan to ensure that a number of the new affordable rental units to be developed at 685 Queen Street East are designated for artists, and include the number of units and the tenant access plan and that staff work with the Co-op Housing Federation, Riverdale Co-op and the local Councillors in developing this plan.

This report recommends City Council approval of $4,846,556 in Section 37 funds to be provided to Riverdale Co-operative Homes Inc. ("Riverdale Co-operative") for the redevelopment of 685 Queen Street East in Ward 14. The report also provides an update on pre-development work completed to-date.

City Council, at its meeting of June 18 and 19, 2019, authorized the Executive Director, Housing Secretariat, to provide $500,000 in funding to Riverdale Co-operative to be used for pre-development work at 685 Queen Street East. Council also directed the Housing Secretariat to report to the Planning and Housing Committee on the results of the pre-development work, including any capital and operating funding required to undertake the redevelopment project.

Riverdale Co-operative is a non-profit corporation that provides affordable housing for its members. The Co-operative owns the 685 Queen Street East property, which is in need of substantial capital repairs. The redevelopment plans for 685 Queen Street East involves the renovation of nine units in the existing heritage structure, plus an addition of 17 units at the rear of the building, for a total of 26 units.

Riverdale Co-operative has partnered with Streetcar Developments ("Streetcar"), a well-established private sector developer, who is developing the adjacent site, to deliver this project on their behalf. This partnership will leverage Streetcar's development expertise plus take advantage of economies of scale due to their active development project next to the building. With Streetcar's help, the pre-development work has now advanced to the point where Site Plan Control and Minor Variance applications will be submitted to the City shortly.

By securing the $4,846,556 City contribution recommended in this report, the Co-operative will be able to proceed with the redevelopment and intensification of the existing building. Advancing this project will help preserve the existing supply of co-operative housing and create additional affordable homes for low-and-moderate-income residents in the city. The redevelopment of the site will also increase accessibility for residents and improve the energy efficient of the building.

The Planning and Housing Committee recommends that:  

1. City Council authorize an extension of the date by which WoodGreen Community Housing Incorporated, or its successor, is obligated to reconvey 444 Logan Avenue to the City to July 1, 2022, to allow time for the City to negotiate the terms of the continued operation of this social housing project.

2. City Council direct staff to report back on the results of the negotiations with WoodGreen Community Housing Incorporated and a recommended course of action by no later than March, 2022.

WoodGreen Community Centre Towers Incorporated (now WoodGreen Community Housing Incorporated) and Metropolitan Toronto entered into an agreement in October 1965, for the development and operation of 160 social housing units for low-income seniors at 444 Logan Avenue, on land conveyed to WoodGreen by the City. Under this agreement, WoodGreen Community Housing Incorporated ("WoodGreen") was originally required to reconvey the property to the City on July 1, 2017. On March 28, 2017, City Council approved an extension of the reconveyance to July 1, 2018, and on June 26, 2018, the reconveyance was further extended to July 1, 2020.

The extension of the reconveyance was also tied to a Local Agency Housing Agreement being signed between the City of Toronto and WoodGreen. This Local Agency Housing Agreement, signed on May 15, 2018, provides a framework for the coordination of three WoodGreen housing initiatives including the re-development of 1117-1119 Gerrard Street East, the social housing property at 835-841 Queen Street East, and 444 Logan Avenue which is operated as social housing for seniors. The Local Agency Housing Agreement allows the City and WoodGreen to renegotiate the terms of the reconveyance of 444 Logan Avenue, while considering all three properties together, to ensure no loss of affordable rental and social housing in the city.

This report recommends a further two year extension for WoodGreen to reconvey the social housing building at 444 Logan Avenue to the City. This extension will permit WoodGreen's continued operation of the property as social housing for seniors while both WoodGreen and the City continue to negotiate the terms and conditions of the future reconveyance.

Etobicoke York Community Council recommends that:

1.  City Council approve Rental Housing Demolition application No. 19 244273 WET 05 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 to allow for the reconfiguration of five (5) rental dwelling units located at 523 Rogers Road into three (3) rental dwelling units, and to create one (1) new rental dwelling unit and retain one (1) existing rental dwelling unit, subject to the following conditions:

a. The owner shall provide and maintain five (5) rental dwelling units, comprising one (1) bachelor unit, two (2) one-bedroom units and two (2) two-bedroom units, on the subject site for a period of at least twenty (20) years beginning from the date that each rental dwelling unit is first occupied, as generally shown on the plans submitted to the City Planning Division and dated March 2, 2020. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

b. The owner shall provide and maintain a communal laundry room in the basement which shall be equipped with at least two (2) washers and two (2) dryers, as generally illustrated in the plans submitted to the City Planning Division and dated March 2, 2020. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

c. The owner shall provide and maintain five (5) bicycle parking spaces in the basement of the building as generally illustrated in the plans submitted to the City Planning Division and dated March 2, 2020.

d. The owner shall provide tenant relocation and assistance to all Eligible Tenants, including the right to return to a rental dwelling unit at the subject site, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

e. The owner shall enter into, and register on title at 523 Rogers Road, one or more agreement(s) to secure the conditions outlined in 1.a. through 1.d. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division.

2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue the Preliminary Approval for the application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the reconfiguration of five (5) existing rental dwelling units into three (3) rental dwelling units, and to create one (1) new rental dwelling unit and retain one (1) retained rental dwelling unit, at 523 Rogers Road after all conditions in Part 1 above have been fully satisfied and secured.

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

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

Etobicoke York Community Council held a statutory public meeting on July 17, 2020, and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act.

This Rental Housing Demolition application proposes to reconfigure five rental dwelling units located within a residential rental building at 523 Rogers Road, which currently has a total of six rental dwelling units. The condition of the existing building on the subject property does not meet applicable Ontario Building Code and Ontario Fire Code requirements, and was not in compliance with the Zoning By-law. Interior alterations were previously made to the building without building permits and without zoning approvals, converting one commercial space and one residential unit in the building into six rental dwelling units.

In order to bring the building on the subject property into compliance with applicable Ontario Building Code and Ontario Fire Code requirements, the six-unit residential rental building is proposed to be reconfigured into a five-unit residential rental building. The five rental dwelling units would include one new rental dwelling unit, one existing rental dwelling unit to be retained in its current form and three rental dwelling units to be created as a result of the required internal reconfiguration.

A Minor Variance application (File No. A0561/19EYK) was approved by the Etobicoke York panel of the Committee of Adjustment on December 5, 2019, approving the variances required to permit the proposed five-unit residential rental building. The Committee of Adjustment approval is subject to a condition that the owner obtain a Rental Housing Demolition Permit from the City pursuant to Chapter 667 of the Toronto Municipal Code.

This report reviews and recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code, subject to conditions.

Etobicoke York Community Council recommends that:

1.  City Council amend Zoning By-law No. 600-2009 to remove the Holding provision (H) from the northeast portion of the lands, substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 23, 2020) from the Director, Community Planning, Etobicoke York District.

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

This application proposes to lift the Holding (H) symbol for the northeastern portion of the lands identified in site-specific Zoning By-law No. 600-2009. This amendment would allow for the development of a 28-storey residential tower and its associated podium on the lands municipally known as 10 Eva Road, described as Tower Element C in the Phase 2 lands on Schedule 'B' of Zoning By-law No. 600-2009.  The Holding (H) symbol would be partially lifted as the Holding (H) symbol would continue to remain on the northwestern portion of the lands, which relate to Tower Element D of this By-law.

The Holding Provisions of Zoning By-law No. 600-2009 require that prior to lifting the Holding (H) symbol, the owner must satisfy the following four conditions: (i) dedication of the land shown on Schedule 'A' of the By-law for a future public road; (ii) provision of detailed cost estimates and adequate financing for 50% of the cost of constructing the future public road from Eva Road to the extension of the northern boundary of the Lands; (iii) entering into an agreement between the owner of the Lands, or any portion of the Lands, and the City, that will provide for the landscaping and maintenance, at no cost to the City, of the land to be dedicated as shown on Schedule 'A' of the By-law for a future public road until such time as the public road is constructed; and (iv) one or more of the following conditions being fulfilled: (a) permanent closure by the Ministry of Transportation of the ramps connecting Eva Road and Highway 427; or (b) provision of direct access to either Civic Centre Court or The West Mall for vehicular traffic generated by the lands shown on Schedule 'A' to the By-law with a zone symbol that possesses an "H" Holding Symbol prefix; or (c) other road alterations, traffic improvements and/or Transportation Demand Management measures satisfactory to the Chief Engineer and Executive Director of Engineering and Construction Services. All four of these conditions, specifically (iv)(c), have been satisfied.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). This report reviews and recommends approval of the application to amend site-specific Zoning By-law No. 600-2009 to partially lift the Holding (H) symbol.

Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application (File No. 18 208427 WET 11 OZ), as proposed at 2650-2672 St. Clair Avenue West.

2. City Council direct that the City Solicitor co-ordinate with the Chief Planner and Executive Director, City Planning regarding instructions and attendance at the Local Planning Appeal Tribunal hearing respecting the associated Draft Plan of Subdivision application (File No. 18 208431 WET 11 SB) at 2650-2672 St. Clair Avenue West, as generally illustrated in Attachment 7 to the report (June 24, 2020) from the Director, Community Planning, Etobicoke York District.

3. City Council authorize the City Solicitor, together with appropriate staff, to continue discussions with the applicant, including engaging in formal mediation, in an effort to resolve the outstanding matters identified in the report (June 24, 2020) from the Director, Community Planning, Etobicoke York District, and the applicant's appeal, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor. City Council further authorizes the City Solicitor to report back to City Council for direction regarding the outcome of such discussions as appropriate.

4. 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 LPAT to withhold the issuance of any Order(s) until such time as the LPAT has been advised by the City Solicitor that:

a. The final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor in consultation with the Chief Planner and executive Director, City Planning and the Ward Councillor;

c. The owner has provided a revised Functional Servicing Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including identifying any required improvements and/or upgrades to municipal infrastructure;

d. The owner has provided a revised Transportation Impact Study, satisfactory to the General Manager of Transportation Services, including securing any identified and/or required improvements and/or upgrades to municipal infrastructure and the provision of any financial securities; and

e. The Conditions of Draft Plan Approval respecting the proposed Draft Plan of Subdivision are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate City Divisions.

The owner of 2650-2672 St. Clair Avenue West has appealed its Zoning By-law Amendment and Draft Plan of Subdivision applications for the site to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision on the applications within the time prescribed by the Planning Act. A Pre-Hearing Conference of the LPAT has not been scheduled.

These applications propose to amend the former City of York Zoning By-law No. 1-83 and City-wide Zoning By-law No. 569-2013 and seek Draft Plan of Subdivision approval to redevelop the site of the former Danier Leather factory, municipally known as 2650-2672 St. Clair Avenue West. The proposed development is for a new residential neighbourhood at the rear of the site, while renovating the existing building at the front of the site for employment uses.

The proposed residential neighbourhood would be comprised of townhouses, below grade parking, public and private roads and publicly accessible open spaces (see Attachment 6: Site Plan and Attachment 7: Draft Plan of Subdivision).

The townhouses would be in five blocks (Blocks A to E), having a total of 98 three-bedroom units. Each block is proposed to be 4-storeys (12.75 metres in height) with an additional pop-up access to rooftop private amenity space (14.71 metres in height). The total residential floor area of the proposal would be 14,334 m2 .

The existing 2-storey building that fronts St. Clair Avenue West is currently under renovation and would be used for commercial and office uses. This building has a gross floor area of 6,500 m2.

A total of 388 parking spaces are proposed to serve the development, with 225 parking spaces for the residential component and 163 parking spaces for the non-residential component. Each of the townhouses would have two parking spaces (a total of 196 spaces) and 29 residential visitor parking spaces are proposed.

The Draft Plan of Subdivision application proposes to establish a new public road to the west of the existing commercial building extending from St. Clair Avenue West to the existing public lane to the north and creating two development blocks. Block 1 would be located to the east of the proposed public road and would contain both the residential and commercial developments. Block 2 would be located to the west of the public road and would contain a surface parking lot.

The Provincial Policy Statement (PPS 2020) provides policy direction on matters of provincial interest related to land use planning and development. Key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council's planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe. The policies contained in the Growth Plan are to be read in conjunction with all applicable provisions of the PPS.

Both these documents are high-level and broad reaching. The City is a development area and infill is encouraged under these policies. Policy 4.6 of the PPS states that the most important method of implementing the policies is a municipality's Official Plan which guides the method of intensification and where it should be focused. While the proposed development would achieve the goals of residential intensification and the provision of employment uses, the development in its current form fails to conform to the Built Form policies of the City of Toronto Official Plan and therefore is not consistent with the PPS.

Planning staff do not support the proposal in its current form, as it does not conform to the policies of the Official Plan and does not satisfactorily respond to applicable design guidelines. The proposed development does not fit within its existing and planned context and fails to respect and reinforce the existing physical character of the area, in particular its building heights, scale and site layout. The proposed public and private road network does not meet City design objectives (width of sidewalks, amount of streetscaping and tree planting) nor does it adequately provide appropriate frontage for the proposed building entrances or permeability of and mobility throughout the site. The development, as proposed, does not satisfy all fire protection requirements and therefore, from a health and safety perspective is not acceptable. Lastly, the proposal fails to conform to the recently approved Site and Area Specific Policy No. 540 in terms of building heights, building separation and the provision of a centrally located green space.

Staff are of the opinion the current proposal constitutes an over-development of the site. However, a development which provides an appropriate road network and open spaces (private and public) and has building heights and setbacks respecting the context of the block and surrounding neighbourhood could be considered for this site.

This report recommends that the City Solicitor, together with appropriate staff, be directed to attend the Local Planning Appeal Tribunal hearing to oppose the appeal respecting the Zoning By-law Amendment application (File No. 18 208427 WET 11 OZ) and to co-ordinate with the Chief Planner in connection with the associated appeal of the Draft Plan of Subdivision application (File No.18 208431 WET 11 SB), as proposed at 2650-2672 St. Clair Avenue West.

Planning staff have undertaken discussions with the applicant regarding revising the proposal to develop a proposal that is more appropriate to its context. While unsuccessful to date, staff are recommending that discussions continue with the applicant on resolving the matters identified in this report.

Etobicoke York Community Council recommends that:

1. City Council deny the request for a permit to remove one City-owned tree located at 303 Delta Street.

The report requests that the City Council deny the request for a permit to remove one City-owned tree located at 303 Delta Street. The application indicates the reason for removal is to accommodate the widening of the driveway within the City-owned right-of-way resulting from recent Committee of Adjustment approvals to construct a new detached dwelling with an attached garage.

The subject tree is a hedge maple (Acer campestre), measuring 33 cm in diameter.  The Tree By-law does not support the removal of this tree as it is healthy and maintainable.

Etobicoke York Community Council recommends that:

1. City Council grant the request for a permit to remove one City-owned tree located at 330 Humberline Drive, with a condition that the applicant provide payment of the appraised value of the tree to be removed ($3,809.00), agreeing to have the tree removed at their expense, as well as providing satisfactory replacement planting which includes five (5) replacement trees, achieved through a combination of at least one (1) tree to be planted on City property and cash-in-lieu of the remainder. The owner will also be required to provide a tree planting security deposit to cover the cost of removal, replacement and the cost of maintenance for a period of two years for all trees to be planted on City property.

This report requests that the City Council deny the request for a permit to remove one City-owned tree located at 330 Humberline Drive. The application indicates the reason for removal is to accommodate a new driveway entrance within the City-owned right-of-way resulting from recent Committee of Adjustment approvals.

The subject tree is a littleleaf linden (Tilia cordata), measuring 39 cm in diameter. The Tree By-law does not support the removal of this tree as it is healthy and maintainable.

Etobicoke York Community Council recommends that:

1.  City Council grant the request for a permit to remove two City-owned trees located at 191 Kane Avenue, with conditions that the applicant:

a.  provide payment of the appraised value of the trees to be removed ($3,898.00)

b.  remove the trees at their own expense

c.  provide 10 replacement trees, which can be achieved through a combination of on-site planting and cash-in-lieu planting

d.  provide a tree planting security deposit to cover the cost of removal, replacement and the cost of maintenance for a period of two years for all trees to be planted on City property.

This report requests that City Council deny the request for a permit to remove two City-owned trees located at 191 Kane Avenue. The application indicates the reason for removal is to accommodate a new driveway entrance within the City-owned right-of-way resulting from recent Committee of Adjustment approvals to construct a new detached dwelling with an attached garage.

The subject trees are one Colorado blue spruce (Picea pungens), measuring 8 cm in diameter and one Norway spruce (Picea abies), measuring 37 cm in diameter. The Tree By-law does not support the removal of these trees as they are healthy and maintainable.

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 at York Gate Boulevard/Elana Drive till October 31, 2020.

2.  City Council continue to prohibit the westbound left-turn movement at the intersection of Finch Avenue West at York Gate Boulevard/Elana Drive till October 31, 2020.

3.  City Council request the Director, Transportation Planning and Capital Program to report to the October 7, 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 at 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 temporary traffic regulations are requested to be extended till October 31, 2020.

The North York Community Council recommends that:

1. City Council approve the application for a Rental Housing Conversion permit in accordance with Chapter 667 of the Toronto Municipal Code to allow the severance of a rental housing property with more than six residential rental units into two lots, each containing three residential rental units, subject to the following condition:

a. the owner applies for, and obtains, a Consent from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands into two lots and the separate conveyance of the lots at 75 and 77 Garthdale Court.

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue the approval of the Rental Housing Demolition and Conversion permit under Chapter 667 of the Toronto Municipal Code after the following has occurred:

a. the owner applies for, and obtains, a Consent to sever from the Committee of Adjustment or the Toronto Local Appeal Body, if applicable, to permit the severance of the lands into two lots and the separate conveyance of the lots at 75 and 77 Garthdale Court.

North York Community Council held a statutory public meeting on July 15, 2020 and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act, 2006.

This application proposes to permit the conversion of an existing building containing a total of six residential dwelling units into two triplex buildings, all of which are currently tenanted. The property was constructed in the 1960's and is currently under a single legal ownership. The proposed conversion, subject to applications to the Committee of Adjustment for consent to sever the lot and minor variance, will result in two separate conveyable lots, with three rental units per lot, and would allow for each triplex building to potentially be sold separately.

The proposed conversion is consistent with Official Plan policies as all the rental dwelling units have high-end rents.

Separate applications have been submitted for severance and minor variance to the Committee of Adjustment.

This report recommends approval of the Rental Housing Conversion application under Chapter 667 of the Toronto Municipal Code for the consent to sever, which will result in reducing the number of rental dwelling units on each lot to less than six.

The North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject land at 103 Bayview Ridge as generally illustrated on Attachment 1 to the report (June 23, 2020) from the Acting Director, Community Planning, North York District and to expire one year 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. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

4. 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.

This application is requesting exemption from the Part Lot Control provisions of the Planning Act for a portion of the land municipally known as 103 Bayview Ridge. Part Lot Control Exemption is required to allow for the creation of three conveyable lots each containing a townhouse unit fronting on Bayview Avenue.

The property at 103 Bayview Ridge was subject to previous applications together with 108 Bayview Ridge for a Common Elements Condominium and Part Lot Control Exemption. The Common Elements Condominium was registered in February 2019. The Part Lot Control Exemption By-law was enacted on November 9, 2017 (By-law 1211-2017), but lapsed in November 2019 before all of the townhouse lots had been conveyed. The purpose of this application is to facilitate the creation of the three remaining townhouse lots out of the total eleven lots that were supposed to be created prior to By-law 1211-2017 lapsing.

This report reviews and recommends approval of the application for Part Lot Control exemption.

The North York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 27 - 137 Frederick Tisdale Drive, 18 - 120 William Duncan Road and 25 - 133 William Duncan Road, formerly known as 80 Carl Hall Road, as generally illustrated on Attachment 3 to the report (June 22, 2020) from the Acting Director, Community Planning, North York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

2. Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to:

a. 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; and

b. 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 subject lands described in Schedule A in Attachment 5 to the report (June 22, 2020) from the Acting Director, Community Planning, North York District, without the written consent of the Chief Planner and Executive Director, City Planning or designate.

3. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from all or any portion of the lands in the City Solicitor's sole discretion after consulting with the Chief Planner and Executive Director, City Planning at such a time as confirmation is received that the Common Elements Condominium has been registered.

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.

The application has been submitted to permit an exemption from part lot control for 155 townhouses on Blocks 1, 2, 3 and 6 within the Stanley Greene Block G District Plan at 27 - 137 Frederick Tisdale Drive, 18 - 120 William Duncan Road and 25 - 133 William Duncan Road, formerly known as 80 Carl Hall Road (the "Application"). The applicant submitted a concurrent application for approval of a draft plan of Common Elements Condominium (20 143006 NNY 06 CD) which is under review by the Chief Planner pursuant to the delegated approval under By-law 229-2000, which proposes to establish the vehicular and pedestrian accesses as common elements of the condominium.

The requested exemption from the Part Lot Control provisions of the Planning Act is required to permit the creation of conveyable lots for the 155 residential townhouses currently under construction, which will become the Parcels of Tied Land ("POTLs") to the Common Elements Condominium.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2019) and conforms to the Official Plan. The lifting of Part Lot Control is appropriate for the orderly development of these lands.

This report reviews and recommends approval of the Part Lot Control Exemption By-law. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act against the subject lands, described in Schedule "A" in attachment 5 to this report, whereby the owner agrees not to convey or mortgage any part of the lands without prior consent of the Chief Planner or his designate.

The North York Community Council recommends that:  

1. City Council include the property at 1150 Eglinton Avenue East on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the portion of the property at 1150 Eglinton Avenue East, generally identified as Block 12 of the Draft Plan of Subdivision as approved by the Local Planning Appeal Tribunal in its decision/orders issued November 2, 2018, January 21, 2019, and July 10, 2019 in PL171369, under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1150 Eglinton Avenue East (Reasons for Designation) attached as Attachment 4 to the report (March 13, 2020) from the Senior Manager, Heritage Planning.

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

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

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

6. City Council approve the alterations to the heritage property at 1150 Eglinton Avenue East, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 60-acre master planned community known as Crosstown on the lands known municipally in the year 2020 as 844 Don Mills Road and 1150 Eglinton Avenue East, with such alterations substantially in accordance with plans and drawings dated March 12, 2020, prepared by Core Architects Inc. and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment dated February 13, 2018, and Status Update of Heritage Matters for 1150 Eglinton, dated November 12, 2019 both prepared by Goldsmith Borgal and Company Ltd. Architects, 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 prior to final Site Plan approval for the heritage property located at 1150 Eglinton Avenue East the owner shall:

1. enter into a Heritage Easement Agreement with the City for the Block 12 Lands, substantially in accordance with the plans and drawings dated March 12, 2020, prepared by Core Architects Inc. and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment, dated February 13, 2018 and the Status Update of Heritage Matters for 1150 Eglinton, dated November 12, 2019, both prepared by Goldsmith Borgal & Company Ltd. Architects, and in accordance with the Conservation Plan required in Recommendation 6.a.2 below to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment, dated February 13, 2018 and the Status Update of Heritage Matters for 1150 Eglinton, dated November 12, 2019, both prepared by Goldsmith Borgal & Company Ltd. Architects, to the satisfaction of the Senior Manager, Heritage Planning;

3. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 6.a.2 above to the satisfaction of the Senior Manager, Heritage Planning;

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

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

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

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

b. that prior to the issuance of any permit for all or any part of the heritage property 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. provide building permit drawings for the subject phase, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 6.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 Planning; and

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

c. that prior to the release of the Letter of Credit required in Recommendation 6.b.2 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; and

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

7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the heritage property 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 City Council authorizing the entering into of a Heritage Easement Agreement for the heritage property. 

This report recommends that City Council include the property at 1150 Eglinton Avenue East on the City of Toronto's Heritage Register, and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act, approve the alterations proposed for the heritage property in connection with a proposed development of the subject property and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

The Former IBM (Canada) Headquarters building is located within Block 12 of the 60-acre master planned Crosstown community. Five buildings are proposed within Block 12, including three residential towers of 32, 39 and 34 storeys respectively, located behind the south facade of the IBM building. The new construction will incorporate approximately 50% of the total elevation of the IBM building as a base building.

This report recommends that City Council include the property at 1150 Eglinton Avenue East on the City of Toronto's Heritage Register, and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act, approve the alterations proposed for the heritage property in connection with a proposed development of the subject property and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

The Former IBM (Canada) Headquarters building is located within Block 12 of the 60-acre master planned Crosstown community. Five buildings are proposed within Block 12, including three residential towers of 32, 39 and 34 storeys respectively, located behind the south facade of the IBM building. The new construction will incorporate approximately 50 percent of the total elevation of the IBM building as a base building.

The North York Community Council recommends that:

1. City Council deny the request for a permit to remove one City-owned tree located at 108 Aspenwood Drive.

This report requests that City Council deny the request for a permit to remove one City-owned tree located on the road allowance fronting 108 Aspenwood Drive. The owner is requesting permission to remove this tree in order to construct a proposed new driveway.

The subject tree is a Colorado blue spruce (Picea pungens), measuring 45 cm in diameter. The Tree By-law does not support the removal of this tree as it is healthy and maintainable.

The North York Community Council recommends that:

1. City Council deny the request for a permit to remove one privately-owned tree located at 231 Castlefield Avenue.

This report requests that City Council deny the request for a permit to remove one privately owned tree located at 231 Castlefield Avenue. The application indicates the reason for removal is to address concerns that the tree's fruit poses an unacceptable risk of serious allergic reaction to a child living at the property.

The subject tree is a black walnut (Juglans nigra), measuring 50 cm in diameter. The Private Tree By-law does not support the removal of this tree as it is healthy and maintainable.

The North York Community Council submits the item to City Council without recommendation.

This report requests that City Council deny the request for a permit to remove a City-owned tree located at 143 Plewes Road. The application indicates the reason for removal is accommodate a new driveway entrance within the City-owned right-of-way resulting from recent Committee of Adjustment approvals to construct a new detached dwelling with an attached garage.

The subject tree is a Freeman maple (Acer x freemanii), measuring 21 cm in diameter. The Tree By-law does not support the removal of this tree as it is healthy and maintainable.

The North York Community Council recommends that:

1.  City Council approve the application to demolish the single-storey building at 911X Castlefield Drive, with the following conditions:

a. the owner agreeing to a beautification plan that is satisfactory to the Chief Planner and Executive Director, City Planning, or designate, and includes provision for the site to be backfilled with clean fill and installation of base landscaping;

b. the owner entering into a beautification agreement with the City that secures the beautification plan, in a form satisfactory to the City Solicitor;

c. the owner registering the beautification agreement on title to the property and providing proof of registration to the City Solicitor;

d. that a construction fence be erected in advance of demolition and maintained until the site has been backfilled, in accordance with Chapter 363 of the Municipal Code, if deemed appropriate by the Chief Building Official and Executive Director, Toronto Building;

e. that all debris and rubble be removed immediately after the demolition; and

f. that the site be maintained in accordance with the beautification plan agreed upon and secured by agreement.

2.  City Council request the Chief Building Official and Executive Director, Toronto Building to work with Hydro One on the feasibility of removing the railway tracks in front of 901 Roselawn Avenue.

This staff report is about a matter which must be referred to City Council for consideration and decision. 

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 City 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 permit.

Scarborough Community Council recommends that:

1. City Council amend Highland Creek Community Zoning By-law 10827, as amended, for the lands at 3300 and 3316 Ellesmere Road substantially in accordance with the draft Zoning By-law Amendments attached as Attachments 5 and 6 to the report (June 25, 2020) from the Director, Community Planning, Scarborough District.

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

Scarborough Community Council held a statutory public meeting on July 17, 2020, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law and remove a Holding provision (H) to permit the development of a student residence building on the University of Toronto Scarborough (UTSC) campus at 3300 and 3316 Ellesmere Road.  The proposed building is nine storeys (32.85 metres) in height, and contains approximately 23,660 square metres of floor area consisting of residence rooms (750 beds) along with a dining area and other student amenities.

The proposed development is consistent  with the Provincial Policy Statement (2020) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).  It contributes to a broad range of housing types that are provided for within complete communities, and intensifies within the built-up area in a way that supports active transportation while protecting for future transit and rights-of-way.  The student residence also generally conforms with the existing policy framework provided for by the Highland Creek Community Secondary Plan, as well as the emerging policy framework under development through a Secondary Plan process being undertaken exclusively for the UTSC campus.  It provides much needed student housing for an intensifying institutional use while supporting place making and urban design objectives for the campus.  In addition, through its use of passive house construction, the proposal is a model building for energy efficiency and green design.

This report reviews and recommends approval of the application to amend the Zoning By-law.

Scarborough Community Council recommends that:

1. City Council assume the services installed at 4332-4340 Lawrence Avenue East and that the City formally assume the roads within the Plan of Subdivision.

2. City Council direct that an Assumption By-law be prepared to assume the public highway and municipal services within the Subdivision at 4332-4340 Lawrence Avenue East.

3. City Council authorize and direct the City Solicitor to register the Assumption By-law in the Land Registry Office at the expense of the Owner.

4. City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect to City Council's decision.

5. City Council authorize the appropriate City officials to transfer ownership of the street lighting system to Toronto Hydro Energy Services Inc. constructed within the Plan of Subdivision at 4332-4340 Lawrence Avenue East.

This report requests Council's authority for the City to assume the services with respect to the development at 4332-4340 Lawrence Avenue East.

Scarborough Community Council recommends that:

1. City Council assume the services installed at 6500-6550 Lawrence Avenue East and that the City formally assume the roads within the Plan of Subdivision.

2. City Council direct that an Assumption By-law be prepared to assume the public highway and municipal services within the Subdivision at 6500-6550 Lawrence Avenue East.

3. City Council authorize and direct the City Solicitor to register the Assumption By-law in the Land Registry Office at the expense of the Owner.

4. City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect to City Council's decision.

5. City Council authorize the appropriate City officials to transfer ownership of the street lighting system to Toronto Hydro Energy Services Inc. constructed within the Plan of Subdivision at 6500-6550 Lawrence Avenue East.

This report requests Council's authority for the City to assume the services with respect to the development at 6500-6550 Lawrence Avenue East.

The Toronto and East York Community Council recommends that: 

1. City Council amend former City of Toronto Zoning By-law 438-86, as amended for the lands at 625 Runnymede Road, 274 St. John's Road, and 40 Fisken Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 22, 2020) 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 625 Runnymede Road, 274 St. John's Road, and 40 Fisken Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 22, 2020) from the Director, Community Planning, Toronto and East York District.  

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. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an amending agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands at 625 Runnymede Road, 274 St. John's Road, and 40 Fisken Avenue in a manner satisfactory to the City Solicitor to be secured, as a legal convenience to support development, the additional 180 square metre Privately-Owned Publically Accessible Open Space (POPS) space abutting the existing 350 square metre POPS space at the northwest corner of St. John's Road and Fisken Avenue, as generally shown on the Site Plan attached as Attachment 7: Site Plan at the owner's sole cost and expense, subject to the following:

a. the owner is to own, provide, operate, maintain, and repair the consolidated landscaping of 530 square metres, inclusive of the existing 350 square metres POPS at the northwest corner of St. John’s Road and Fisken Avenue, and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year, and the specific location, configuration and design of the POPS shall be determined through the site plan approval process, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; and,

b. in addition to the rights of public access to POPS as secured by the above provisions, the owner shall also grant an easement along the surface of the lands in a form and on terms acceptable to the City Solicitor, in perpetuity to the City, and at no cost to the City, to permit such public use of the publicly assessable open space.

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

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes to construct a five-storey, 200-bed long-term care addition to the existing four-storey Runnymede Health Care Centre hospital at 625 Runnymede Road, 274 St. John's Road, and 40 Fisken Avenue. The site is subject to Site-Specific By-law 841-2002 which, in addition to permitting the existing hospital, also secured a Privately-Owned Publically Accessible Open Space (POPS) located at the southeast corner of the site. The application proposes to expand the POPS space.

A small renovation to the existing hospital is also proposed in this application to create additional interior space. The renovation includes an expansion of the hospital dining rooms by enclosing the terraces, and creating additional space for physiotherapy within the two open courtyards.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The proposed use is consistent with the Official Plan's Institutional Lands land-use designation.

The proposal, at 5-storeys in height, articulated with a stepback of the mechanical penthouse, represents a scale of development that is appropriate for the neighbourhood, fitting in with the surrounding lower-scaled built form character, enhancing the public realm, and serving to create much needed additional long-term care service in the city.                   

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. City Council amend Zoning By-law 438-86 for the lands at 33 Isabella Street substantially in accordance with the draft Zoning Bylaw Amendment attached as Attachment 6 to the report (February 24, 2020) 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 33 Isabella Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 24, 2020) from the Director, Community Planning, Toronto and East York District.

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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

b. Make satisfactory arrangements and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

c. Provide space within the development for installation of maintenance access holes and sampling ports on private property, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. Enter into a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, and register the Section 37 Agreement on title to the subject property to the satisfaction of the City Solicitor, securing the matters of legal convenience outlined in Recommendation 5 below.

5. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support the development, with no cost pass-through to the residents of the existing rental building on the subject site, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

a. The owner shall continue to provide and maintain the 419 existing rental dwelling units at 33 Isabella Street as rental dwelling units, together with the new and retained associated facilities and amenities, for a period of at least twenty (20) years from the date of the Zoning By-law Amendments coming into full force and effect, with no applications for demolition or conversion from residential rental use made during such twenty (20) year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. Prior to the earlier of either two years after issuance of the first above-grade building permit for the subject site or occupancy of the new building at 33 Isabella Street, the owner shall provide, repair, operate, or maintain at its sole expense the following facilities, amenities and improvements on the subject site as illustrated in the architectural plans and landscape plans dated December 16, 2019, with no pass-through of the costs to the existing tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i. 434 Bicycle Parking Spaces, including 430 spaces within the underground parking, and 4 spaces at-grade;

ii. Indoor storage of garbage, recycling and composting, located at the P1 Parking Level and the ground floor of the new building;

iii. New Indoor amenity space of 373 square metres which shall include, but is not limited to: theatre/media room; gymnasium which shall include, nine cardiovascular and six weight machines, and space for stretching exercises; communal/multi-purpose space which shall include, lockers, seating and tables; party room which shall include, a kitchen, tables and chairs, and a direct connection to the adjacent outdoor amenity area; and a games room which shall include, a kitchen, table, seating and pool table;

iv. Two universal washrooms located on the ground floor of the retained building;

v. New outdoor amenity space of 868 square metres which shall include: outdoor seating, dining tables and five picnic tables; two outdoor cooking appliances, and associated food preparation surfaces and sinks; planting and landscape treatments; and play structure/equipment; and

vi. A total of 285 storage lockers accessible to tenants of the retained rental building and located within the three underground levels of the retained rental building, to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. The owner shall provide residents of the existing residential rental units with access to the new indoor and outdoor amenity spaces of the new and retained building at 33 Isabella Street at no extra charge to the tenants and with no pass-through cost to the tenants of the existing building. Access and the use of these amenities shall be on the same terms and conditions as any other resident on the subject site;

d. Prior to the issuance of any below grade building permit for the subject site, the owner shall develop a Construction Mitigation Strategy and a Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. The owner shall provide existing tenants occupying the retained rental units which will directly face the new mixed-use building with the option to relocate to a comparable rental dwelling unit elsewhere in the retained building, should such a comparable rental dwelling unit become vacant and should the existing tenant choose the option to relocate within the retained rental building. The tenant's rent for such comparable rental dwelling unit shall not exceed the rent last paid by the tenant. The order of priority for consideration for relocation shall be based on tenant seniority. The retained rental units identified above include the bachelor units located on the west side of the retained rental building, from the second floor to the seventh floor, inclusive. These studio units are typically identified as Unit 5 on the Typical Floor Plans submitted as part of the Existing Architectural Plans. The unit number will vary depending on the floor on which it is located. The order of priority for consideration for relocation shall be based on tenant seniority.

6.  City Council adopt the recommendation in the supplementary report (June 24, 2020) from the Director, Community Planning, Toronto and East York District, for information.

7.  City Council adopt the recommendation in the supplementary report (July 14, 2020) from the Director, Community Planning, Toronto and East York District, for information.

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 to permit the construction of a 4-storey mixed-use infill building at 33 Isabella Street. The site currently contains a 27-storey apartment building with 419 rental dwelling units, which will be retained. The proposed development will be located on the western portion of the 33 Isabella Street site and will include 388 square metres of office space and 15 new rental dwelling units. A total of 95 parking spaces (74 spaces for residents, 14 spaces for visitors, and 7 spaces for office use) along with 434 bicycle parking stalls will be provided, for both the new and current tenants, in the existing 2-level underground garage.

Rental tenure and improvements to the existing building have been agreed upon and will be secured as a legal convenience through an agreement pursuant to Section 37 of the Planning Act.

The application represents an appropriate and desirable infill redevelopment of the site, has a built form and public realm that are compatible with the surrounding context and meets the intent of the Official Plan. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with 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-laws. 

The Toronto and East York Community Council:

1. Deferred their decision on the Zoning By-law Amendment Application for 33 Isabella Street until a revised public notice has been provided to the property owners at 30 Gloucester Street.

The purpose of this supplementary report is to recommend that Toronto and East York Community Council defer the final report for the Rezoning application at 33 Isabella Street. The City Planning Division and the City Clerk's Office both recommend the deferral in order to provide revised public notice to the property owners at 30 Gloucester Street, whose lands could be affected by an amendment to the prevailing site-specific by-laws 188-68 and 310-69.

City Planning will target a future Toronto and East York Community Council meeting (within the next two cycles) for a decision on the final report and the associated draft zoning by-law amendments, once proper public notice has been provided.

The Toronto and East York Community Council recommends that:

1.  City Council receive this supplementary report for information purposes.

The Final Report for this application dated February 24, 2020 was deferred (Item 14.9 TEY) at the March 12, 2020 Toronto and East York Community Council meeting at the recommendation of City Planning and the City Clerk's Office. The deferral was requested so that the owners at the adjacent property, 30 Gloucester Street, received sufficient notice.

This Supplementary Report provides additional details on the draft zoning by-law amendment as it specifically relates to the 30 Gloucester Street site; in addition it reviews the application for consistency with the new Provincial Policy Statement (PPS) 2020.

The Final Report for this application dated February 24, 2020 was deferred (Item 14.9 TEY) at the March 12, 2020 Toronto and East York Community Council meeting at the recommendation of City Planning and the City Clerk's Office. The deferral was requested so that the owners at the adjacent property, 30 Gloucester Street, received sufficient notice.

A Supplementary Report, dated June 30, 2020, provided additional technical details on the draft zoning by-law amendment as it specifically relates to the 30 Gloucester Street site; in addition, it reviewed the application for consistency with the new Provincial Policy Statement (PPS) 2020.

Due to recent revisions to the draft zoning by-law amendment, a revised Supplementary Report was required. In the Zoning section of the Supplementary Report (dated June 30, 2020), references were made to specific provisions in the draft zoning by-law amendment. The alpha designations of those provisions have changed and therefore the Zoning section of the Report required updating. The intent of the site-specific by-law amendments that were described in the previous Report have been maintained.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86, for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (July 14, 2020) from the Director, Community Planning, Toronto and East York District.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1-11 Delisle Avenue and 1496-1510 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment  2 to the report (July 14, 2020) 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 and Zoning By-law Amendments as may be required.

5. City Council require the owner to provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site.

6. City Council authorize the acceptance of a fee simple strata conveyance to the City, for nominal consideration, of part of the lands municipally known as 30 and 40 St. Clair Avenue West, as follows:

a. 1,763 square metres of land as an off-site parkland dedication pursuant to section 42 of the Planning Act, notwithstanding that this land is above an existing underground parking garage on the basis that an area greater than 10 percent of the development site is being secured to compensate for the stratification of the land; and

b. a minimum 743 square metres of additional parkland (also above an existing underground parking garage), to be provided as a community benefit pursuant to section 37 of the Planning Act,

for a total combined stratified park conveyance of 2,506 square metres (the foregoing parcels of land being hereafter collectively referred to as the “Combined Parkland Dedication”) with the final location, configuration and lower vertical limit of the off-site strata conveyance to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, subject to the reservation of any easements in favour of the subjacent lands for support and maintenance and repair of the parking garage situate therein, and together with any easements in the subjacent lands in favour of the Combined Parkland Dedication, as may be deemed appropriate by the Executive Director, Corporate Real Estate Management Division, in consultation with the General Manager, Parks, Forestry and Recreation and in form and substance satisfactory to the City Solicitor.

7. City Council direct the City Solicitor to secure the Combined Parkland Dedication through an Agreement pursuant to section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to be binding on the owner(s) of the development site and the owner(s) of 30 and 40 St. Clair Avenue West, being both the current owners of the Combined Parkland Dedication (and the underground parking garage) and related entities to the owner of 1-11 Delisle Avenue and 1496-1510 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including terms relating to the following:

a. the owners' obligations to convey to the City the Combined Parkland Dedication prior to the issuance of the first above grade building permit for the site, and to design and construct base and above-base park improvements; and

b. other matters including ongoing maintenance obligations of the owners, including requirements to reconstruct the park should it be damaged as a result of work being conducted on the underground garage and the requirement to post financial security to secure same as outlined in the memorandum from Parks, Forestry and Recreation dated July 10, 2020.

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

9. Before introducing the necessary Bills to City Council for enactment, the owner(s) of the development site and, for the purpose of provisions respecting the Combined Parkland Dedication, the owner(s) of 30 and 40 St. Clair Avenue West be required to enter into an Agreement pursuant to section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) to be registered on title to the lands at 1-11 Delisle Avenue, 1496-1510 Yonge Street and 30 and 40 St. Clair Avenue West 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 $5,000,000.00 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 Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment. The funds shall be directed as follows:

i. $1,500,000.00 towards capital improvements for new or existing Toronto Community Housing and/or affordable housing in consultation with the Ward Councillor;

ii. $1,500,000.00 towards capital improvements for new or existing cultural and/or community space, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

iii. $1,500,000.00 towards local area park or streetscape improvements, 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

iv. $500,000.00 towards the provision and maintenance of a public art contribution.

b. in the event the cash contribution referred to in Recommendation 9.a. 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 ward Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community;

c. an additional 743 square metres of strata off-site parkland above the required in-kind off-site parkland contribution pursuant to section 42 of the Planning Act;

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

i. the owner shall provide a minimum of 10 percent family sized units in the development, containing at least three bedrooms;

ii. the owner shall provide and maintain a publicly accessible pedestrian connection between St. Clair Avenue West and Delisle Park along the east side lot line of 40 St. Clair Avenue East with the specific size, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended;

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

iv. prior to the issuance of Site Plan Approval, the owner shall provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 6 retail parking spaces on-site;

v. prior to the issuance of Site Plan Approval, the owner shall submit a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

vi. prior to the issuance of Site Plan Approval, the owner shall provide final site plan drawings substantially in accordance with the approved Reconstruction and Restoration Plan required by Recommendation 10.a. below, to the satisfaction of the Senior Manager, Heritage Preservation Services;

vii. prior to the issuance of Site Plan Approval, the owner shall provide an Interpretation Plan for the property at 1496-1500 Yonge Street, 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;

viii. prior to the issuance of Site Plan Approval, the owner shall provide a Lighting Plan that describes how property at 1496-1500 Yonge Street will be sensitively illuminated to enhance its character as viewed from the public realm to the satisfaction of the Senior Manager, Heritage Preservation Services;

ix. prior to the issuance of Site Plan Approval, the owner shall submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

x. prior to the issuance of any Building Permit, the owner shall provide a Letter of Credit, including provision for upwards indexing, in a form and amount satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Reconstruction and Restoration Plan required in Recommendation 10.a. below and the Interpretation Plan required in Recommendation 9.d.vii. above;

xi. prior to the issuance of any Building Permit, the owner shall provide full documentation of the property at 1496-1500 Yonge Street, including two (2) printed sets of archival quality 8 inch x 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set 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;

xii. prior to the release of the letter of credit required in Recommendation 9.d.x. above, the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required restoration work has been completed in accordance with the Reconstruction and Restoration Plan required in Recommendation 10.a. below, the required interpretive work has been completed in accordance with the Interpretation Plan required in Recommendation 9.d.vii. above, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

xiii. prior to the execution of the section 37 agreement, the owner(s) of 30 and 40 St. Clair Avenue West shall cause a section 118 Restriction under the Land Titles Act to be registered on the lands municipally known as 30 and 40 St. Clair Avenue West (including without limitation the Parkland Dedication Lands) to the satisfaction of the General Manager, Parks, Forestry and Recreation prohibiting the transfer or charging of such lands without the prior written consent of the General Manager, Parks, Forestry and Recreation; and

xiv. a pick-up and drop-off area located on the ground floor level must be provided on the lot.

10. Before introducing the necessary Bills to City Council for enactment, require the owner to:

a. provide a Reconstruction and Restoration Plan for the building at 1496-1500 Yonge Street, prepared by a qualified heritage consultant that is substantially in accordance with the conservation scope set out in the Heritage Impact Assessment for 1496-1500 Yonge Street by ERA Architects Inc., dated October 17, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b. revise the Functional Servicing Report prepared by Lithos Group Inc., dated October 2019 and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and such report will determine, whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.

11. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that requires the owner to promote design excellence and distinction of the new park secured through the development of 1 Delisle Avenue, and with the involvement of the Deer Park Residents' Group, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders.

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to permit a 44-storey (143 metres plus a 7-metre mechanical penthouse) mixed use building with 293 dwelling units and 159 parking spaces within a 4-level below ground garage at 1-11 Delisle Avenue and 1496-1510 Yonge Street. A 2,506 square metre public park will be secured off-site on the rear portions of 30 and 40 St. Clair Avenue West. The Official Plan Amendment also redesignates a portion of the subject site from Apartment Neighbourhoods to Mixed Use Areas.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with the applicable policies of the Official Plan and the Yonge-St. Clair Secondary Plan, and is consistent with the Yonge-St. Clair Planning Framework and Tall Building Guidelines. The proposal also meets a number of significant public realm and built form objectives, some of which are outlined in the Yonge-St. Clair Planning Framework, including: securing a 2,506 square metre public park in close proximity to the Yonge-St. Clair intersection; wider sidewalks along both Yonge Street and Delisle Avenue; enhanced street landscaping; restoration and relocation of an existing Art Deco façade; a pedestrian scale base building in keeping with the main street character of Yonge Street; a north/south midblock connection between St. Clair Avenue West and Delisle Avenue; high quality architecture; and consolidated access and servicing for the block.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.

This report summarizes the virtual community consultation meeting held on July 7, 2020, and revises the recommendations from the Final Report dated February 25, 2020 to make minor modifications to the draft zoning by-laws, including amenity space rates, and clarify the requirements of the parkland dedication. Following the deferral of the item at the March 12, 2020 and June 18, 2020 Toronto and East York Community Council meetings, staff have elected to accept the parkland dedication as a fee simple strata conveyance and not a 999-year lease.

The Toronto and East York Community Council submits the item to City Council without recommendation.

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes revitalization of a Toronto Community Housing Corporation (TCHC) site including a 10 storey residential building ("the TCHC Building") and a 17 storey and 16 storey mixed-use building (the "Market Building"), collectively containing approximately 771 residential units with a variety of housing tenures including rent-geared-to-income, affordable rental, market rental, and condominiums. 

The proposed development will include 100 net new affordable residential rental dwelling units and 120 replacement social housing units with rents geared-to-income.

All 120 existing units will be replaced in the new development and tenant relocation and assistance will be provided.  An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been submitted to permit the demolition of the 120 existing social housing units at 1555-1575 Queen Street East.

The application also requests exemption from the Part Lot Control provisions of the Planning Act to permit the creation of 5 parcels, consisting of: one parcel for the TCHC Building, and four parcels as part of the Market Building (collectively, the "Market Site").  The Market Site includes the Market Condominium parcel; the Market Rental parcel, the Retail parcel; and the City parcel (which includes 6 townhouse units and 26 rental units on Levels 1 and 3 and components of the shared facilities. The exemption will also enable the owner to transfer or mortgage title for portions of the lands along with easements to facilitate the implementation of the project.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and the City of Toronto’s Official Plan, and advances the implementation of the redevelopment of the lands.  The lifting of Part Lot Control is appropriate for the orderly development of these lands.

The application represents a unique design approach and desirable intensification of the property that generally meets the intent of the Queen Street East: Ashbridge Precinct Urban Design Guidelines. The proposal incorporates a broad range of affordable housing units and a mix of dwelling unit sizes appropriate for a variety of households. The property directly abuts the Queen Street East streetcar line, and an abundance of parks which optimizes the use of existing community and transit infrastructure.

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.

This report recommends approval of proposed amendments to the Official Plan and Zoning By-law, and the Rental Housing Demolition and Conversion Application under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code), subject to conditions.

The purpose of this report is to revise the recommendations related to the Growing Up Guidelines and other stylistic matters related to the report dated June 25, 2020 (TE16.5) 1555-1575 Queen Street East – Official Plan and Zoning Amendment, Part Lot Control, and Rental Housing Demolition and Conversion Applications – Final Report. The report included a number of recommendations including Recommendations 8, 13 B.ii, 13 B.viii, 13 B.x, 13 B.xiv(d), 13 B.xiv(e), 13 B.xvi, 13 B.xix, and 16 which have been refined by staff with input from the Ward Councillor.

This report summarizes the adjustments to the Recommendations and other minor refinements to the June 25, 2020 report from the Director, Community Planning, Toronto and East York District.  

http://app.toronto.ca/tmmis/decisionBodyProfile.do?function=doPrepare&meetingId=18767#Meeting-2020.TE16

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code to permit the demolition of eight (8) existing rental dwelling units at 101 Lawton Boulevard, subject to the following condition:

a. the owner shall provide and maintain four (4) replacement rental dwelling units, all of which shall be three-bedroom rental units, as generally shown on the floor plans submitted to the City Planning, dated November 14, 2019. Any revision to these plans must be to the satisfaction of 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 eight (8) existing rental dwelling units at 101 Lawton Boulevard.

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

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a permit for interior demolition under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 101 Lawton Boulevard after the Chief Planner and Executive Director, City Planning  has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition permit pursuant to section 6.2 of Chapter 363.

The Toronto and East York Community Council held a statutory public meeting on July 16, 2020 and notice was given in accordance with the Planning Act.

A Rental Housing Demolition application (File No. 20 121854 STE 12 RH) has been submitted under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for a residential rental property at 101 Lawton Boulevard. The application proposes to undertake interior alterations to an existing rental building that would have the effect of demolishing eight (8) rental dwelling units, of which four (4) are one-bedroom rental units and four (4) are two-bedroom rental units, in order to create four (4) larger-sized three-bedroom rental units. The proposed alterations are in response to an Inspection Order issued by Toronto Fire Services pursuant to the Fire and Prevention Act, 1997.

This report reviews and recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the permit under Chapter 363 of the Toronto Municipal Code.

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Official Plan Amendment, for the lands at 335 Yonge Street for the reasons outlined in the report (June 24, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council refuse the application for Zoning By-law Amendments for the lands at 335 Yonge Street for the reasons outlined in the report (June 24, 2020) from the Director, Community Planning, Toronto and East York District

3. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Local Planning Appeal Tribunal.

4. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal, in the event the application is appealed to the Local Planning Appeal Tribunal and the Local Planning Appeal Tribunal allows the appeal and permits additional height or density, or some variation, to:

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

i. A financial contribution 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:

A. financial contributions for the relocation and expansion of the City Hall library to Old City Hall;

B. financial contributions towards the replacement/expansion of John Innes Community Recreation Centre as identified in the Parks and Recreation Facilities Master Plan Implementation Strategy and/or

C. financial contributions towards a non-profit, licensed child care facility within the vicinity of the site

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

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

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

c. Withhold its Order allowing the appeal in whole or in part allowing the Official Plan and Zoning By-law Amendments until:

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

ii. The Local Planning Appeal Tribunal has been provided with a proposed Official Plan Amendment and Zoning By-law Amendment by the City Solicitor together with confirmation the proposed Amendments are in a form satisfactory to the City; and

iii. The Local Planning Appeal Tribunal has been advised by the City Solicitor that the Functional Servicing Report has been completed to the satisfaction of Executive Director, Engineering and Construction Services.

iv. The owner maintain a 3 m clearance between the building, including all below grade and above grade structures, to all Toronto Transit Commission (TTC) infrastructure.

v. The owner provide a 6.0 m radius corner rounding at the southeast corner of Yonge/Gould Street, free and clear of all encumbrances. and

vi. The owner shall provide confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building.

5. In the event the cash contribution referred to in Recommendation 4 above has not been used for the intended purpose within three years of the implementing Zoning By-law Amendments coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the local community.

6. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the above recommendations.

This application proposes to amend the Zoning By-law to permit a 30 storey mixed-use tower with 165 dwelling units and a total gross floor area of 14,299 square metres at 335 Yonge Street.  The proposed building would have a height of 106 metres including the mechanical penthouse.  The proposal includes two below grade levels, one of which would be for retail uses with a knockout panel adjacent to the TTC Dundas Street subway platform. There is no vehicular parking proposed.

 The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews and recommends refusal of the application to amend the Official Plan and Zoning By-law. The development site is not appropriate for tower development as the site is too small. The proposed development can not achieve appropriate tower setbacks nor stepbacks because the site is too small for tower development.  Additionally, the proposed development does not minimize shadowing; the proposed development lacks sufficient outdoor amenity space; the outdoor amenity space that is provided is in an inappropriate form; there is no pet amenity area; there is no parking and the loading area does not meet City standards; in addition, the application does not have a satisfactory Functional Servicing Report to address servicing issues. Therefore, for the reasons outlined in this report, it is recommended that the application be refused.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment (19 184841 STE 09 OZ) applications in their current form.

2. City Council direct City Staff to continue to discussions with the applicant in an attempt to resolve the outstanding matters as identified in this report and require the applicant submit a Master Plan for the entire Dufferin Mall lands to address matters such as public streets, building placement and location, parks and open space, community services and facilities, and other matters as identified in the report (June 25, 2020) from the Director, Community Planning, Toronto and East York District.

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

a. draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
 

b. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing such community benefits to be provided under the authority of Section 37 of the Planning Act;
 

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

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

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

f. the owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services.
 

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

5.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement the recommendations above.

This Official Plan and Zoning By-law Amendment application proposes a large-scale redevelopment of the north end of the Dufferin Mall property, comprised of four towers (ranging from 14 storeys to 39 storeys) within two development blocks, a new private street and a public park. The application includes 1,135 dwelling units, all which of are proposed to be rental in tenure.  A total of 736 parking spaces (329 residential and 407 commercial) will be provided within three levels of underground parking, which extends beneath the entire site and connects to the existing parking garage for the mall.

The application was deemed complete on July 8, 2019.  Both the Official Plan and Zoning By-law amendment applications were appealed to the Local Planning Appeal Tribunal (the "LPAT") on February 7, 2020 due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The case management conference was scheduled for April 17, 2020, and was subsequently adjourned by the LPAT due to the provincial Emergency Order pursuant to Ontario Regulation 73/20.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate City staff, attend the LPAT in opposition to the current proposal.  As proposed, the application is not consistent with the Provincial Policy Statement (2020), does not conform to the Growth Plan (2019), and does not conform to the City’s Official Plan.  Staff are recommending that discussions continue with the applicant to resolve the issues identified in this report and the working group process initiated by the local Ward Councillor.

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal (the "LPAT") respecting the Zoning By-law Amendment Application appeal at 1071 King Street West in support of the revised proposal, as described in the report (June 18, 2020) from the Director, Community Planning, Toronto and East York District, and also as appended in Attachments 5 to 9, with the following revisions to the Draft Zoning By-law amendments in Attachments 8 and 9 to the report (June 18, 2020) from the Director, Community Planning, Toronto and East York District:

a. Reduce the required resident parking ratio from a minimum of 0.19 spaces per unit to a minimum of 0.14 spaces per unit in Attachments 8 and 9; and,

b. Increase the maximum permitted height of the roof of the building as shown on Map 2, and Schedule 6 of Attachments 8 and 9, respectively, from 47.5 metres to 48 metres.

2. In the event that the Local Planning Appeal Tribunal (LPAT) allows the appeal, in whole or in part, City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal (LPAT) withhold its Order(s) on the Zoning By-law Amendments until such time as the Local Planning Appeal Tribunal (LPAT) has been advised by the City Solicitor that:

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

b. all site access matters have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services;

c. the owner has submitted a revised Functional Servicing Report, including confirmation of water, sanitary and storm water capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development;

e. the proposed rail safety measures detailed in the Rail Safety Report are satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City’s Peer Reviewer and Metrolinx; and,

f. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject property to the satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience outlined in Recommendation 3 below.

3. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

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

i. The owner shall make a financial contribution of $800,000.00 prior to the issuance of the first above-grade building permit for the site, to be allocated towards the provision of affordable housing in the community in the vicinity of the subject site;

ii. The payment identified in Recommendation 3(a)(i) shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment;

iii. In the event the financial contribution referred to in Recommendation 3.(a)(i) has not been used for the intended purpose set out above within five (5) years of the Zoning By-law Amendments coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the site; and,

iv. The owner agrees to design and construct the cycling and pedestrian path extension on the south side of the subject site as shown on Attachment 5 – Site Plan, at a value of $500,000.00, to be secured through a Site Plan Control Application, all to the satisfaction of the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor.

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 will convey to the City, for nominal consideration, a public easement over the cycling and pedestrian path extension referred to in Recommendation 3.(a)(iv), at such time as the cycling and pedestrian path is needed by the City  to be incorporated into the West Toronto Rail Path network, to provide public access for use by the general public, with no time of access limitations, which easements shall include provisions for rights of support, maintenance, insurance, and indemnification of the City by the owner, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor;

ii. The owner shall provide residential units on the site in accordance with the following: a minimum of 20 percent of the residential units will be provided as two-bedroom units, and a minimum of 10 percent of the residential units will be three-bedroom units;

iii. The owner shall maintain all dwelling units within the development as rental dwelling units for a minimum of twenty-five (25) years;

iv. Prior to the commencement of any shoring and/or excavation work on the subject site, the owner shall submit, and thereafter implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

v. Prior to the issuance of an above-grade building permit for the subject site, the owner shall submit a wind study, including a wind tunnel analysis, to the satisfaction of the Chief Planner and Executive Director, City Planning, and design, construct and maintain any measures that may be required to mitigate the negative impact of any wind conditions identified in the wind study, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. Prior to the issuance of Final Site Plan Approval for the Site Plan Control application, the owner shall incorporate all mitigation measures from the Rail Safety Report referenced in Recommendation 2.e. into the drawings submitted for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, and prior to Site Plan Approval, the owner shall construct all mitigation measures and maintain them at its sole cost and expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

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

4. City Council accept, should the Local Planning Appeal Tribunal (LPAT) approve the proposed Zoning By-law Amendments, an on-site parkland dedication that is a minimum of 230 square metres in area pursuant to section 42 of the Planning Act and Chapter 415, Article III, of the Toronto Municipal Code (the “Statutory Parkland”), in the general location identified on Attachment 5 – Site Plan as "Parkland", to be dedicated to the City, at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR), in addition to the following below:

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

b. the owner shall convey the Statutory Parkland to the City prior to the earlier of any occupancy (commercial or residential) and 1 year after the first above-grade building permit is issued, to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR).

On August 4, 2011, an application to amend the Zoning By-law to permit the construction of a 14-storey mixed-use building was submitted for the site at 1071 King Street West. On October 2, 2017, the application was appealed to the Local Planning Appeal Tribunal.  On February 12, 2020, City Planning received plans for a modified version of a 14-storey mixed-use building on the site. City Planning is supportive of these revised plans.

The revised application: has been designed to fit with the existing and planned context; provides appropriately scaled and sited ground floor uses; includes a range of rental apartment units; and limits the amount of private vehicle parking provided on site. The proposal advances the City’s public space expansion and connection initiatives by including a new public park and securing a future connection to the West Toronto Rail Path along the south side of the site. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report seeks authorization to appear at the Local Planning Appeal Tribunal in support of the revised application.

This report provides supplementary information to the report “1071 King Street West - Zoning By-law Amendment Application - Request for Direction Report”, from the Director, Community Planning, Toronto and East York District, dated June 18, 2020, being considered by Toronto and East York Community Council on July 16, 2020 as Item TE16.9.  This report discusses and recommends two changes proposed to the development at 1071 King Street West: to reduce the number of required resident vehicle spaces; and to increase the overall height of the building by 0.5 metres.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other City staff, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law amendment (File 13 248425 STE 27 OZ) application as proposed.

2. City Council direct the City Solicitor and appropriate City staff be directed to continue discussions with the applicant with an aim to resolve the issues identified in the report (June 25, 2020) from the Director, Community Planning, Toronto and East York District; and

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 that the Local Planning Appeal Tribunal withhold its final Order to approve the Zoning By-law amendment application until such time as:

a. the City and the owner have presented to the Local Planning Appeal Tribunal a Zoning By-law amendment that implements the decision of the Local Planning Appeal Tribunal in a form and substance satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has provided a revised functional servicing and stormwater management report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure;

c. the owner has provided a revised parking study, satisfactory to the Manager, Transportation Services;

d. the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall be required to implement and maintain all recommended mitigation measures, all of which is to be secured as a matter of convenience in the Section 37 Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

e. community benefits and other matters in support of the development as determined appropriate are secured in a Section 37 Agreement executed by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

On August 3, 2017, the owner of the property at 80 Bloor Street West appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) due to Council's failure to enact the requested amendment within the time allotted by the Planning Act. 

On November 1, 2019 a new Official Plan Amendment (OPA) application (File No. 20 244311 STE 11 OZ) was submitted for an expanded site to include 82 Bloor Street West.  Accompanying the new OPA for 80-82 Bloor Street West was a revised Zoning By-law Amendment application for the expanded site.

On June 5, 2020, the Zoning By-law Amendment application was revised again, and the OPA application (File No. 20 244311 STE 11 OZ) was withdrawn.

The application proposes a mixed-use development with two attached towers at 78 and 76-storeys (259.6 and 252.6 metres, respectively, including mechanical penthouse) with a shared 17-storey base building at 80-82 Bloor Street West. The proposal contains  1,430 residential units and 6,695 square metres of retail space on the concourse level, ground, second, and third floors. The existing 18-storey commercial/office building, and 4-storey commercial building, with approximately 19,875 square metres of office space would be demolished. A total of 215 resident vehicular parking spaces are to be provided in a 5-level underground parking garage accessible from Critchley Lane.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the LPAT. The proposal does not provide any office replacement, does not provide an acceptable parkland dedication, does not transition in height and does not have an acceptable built form. The proposal does not conform to the Growth Plan (2019), is not consistent with the Provincial Policy Statement (2020), does not conform with the Official Plan, The Downtown Plan (OPA 406), SASP 211, OPA 231, and OPA 352, and does not adequately address the City's Tall Building Design Guidelines, or the intent of those guidelines.

The Toronto and East York Community Council recommends that:  

1. City Council approve the alterations to the heritage property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a mixed use  building that includes alterations to the heritage buildings in conjunction with an appeal to the Local Planning Appeal Tribunal (the "LPAT") for the requested amendment to the Zoning By-law for the lands municipally known as 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West (collectively the “Lands”) comprised of the revised plans and drawings prepared by KFA Architects and Planners Inc. dated March 13, 2020 and the Heritage Impact Assessment (HIA) prepared by GBCA Architects dated February 28, 2020, both 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. Prior to issuance of an Local Planning Appeal Tribunal order for the Zoning By-law Amendment for the Lands, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, substantially in accordance with plans and drawings prepared by KFA Architects and Planners Inc. dated March 13, 2020, and the Heritage Impact Assessment (HIA) prepared by GBCA Architects dated February 28, 2020, subject to and in accordance with the approved Conservation Plan required in Recommendation1.a.2. below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor.

2. The owner shall provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the Lands dated February 28, 2020, to the satisfaction of the Senior Manager, Heritage Planning.

3. 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.

b. Prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the Lands, or any part of the Lands, the owner shall:

1. Provide final site plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.a.2. above to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide an Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Heritage Lighting Plan that describes how the buildings on the subject property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning.

c. Prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. Obtain final approval for the necessary Zoning By-law amendment required for the alterations to the Lands, where such amendments to have been approved by City Council and by the Local Planning Appeal Tribunal Order and such amendments  have come into effect in a form and with content acceptable to the City.

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 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, Heritage Lighting Plan and Interpretation Plan.

d. That prior to the release of the Letter of Credit required in Recommendation 1.c.3. the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West.

This report recommends that City Council approve the alterations proposed for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a mixed use building over the heritage buildings on the site as per the revised plans and drawings submitted to the City in conjunction with an appeal to the Local Planning Appeal Tribunal ("LPAT") of an application to amend the Zoning By-law.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1. City Council approve the alterations to the heritage property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a mixed use  building that includes alterations to the heritage buildings in conjunction with an appeal to the Local Planning Appeal Tribunal (LPAT) for the requested amendment to the Zoning By-law for the lands municipally known as 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West (collectively the “Lands”) comprised of the revised plans and drawings prepared by KFA Architects and Planners Inc. dated March 13, 2020 and the Heritage Impact Assessment (HIA) prepared by GBCA Architects dated February 28, 2020, both on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning Senior Manager, Heritage Planning, Urban Design, City Planning and subject to the following additional conditions:

a. Prior to issuance of an Local Planning Appeal Tribunal (LPAT) order for the Zoning By-law Amendment for the Lands, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, substantially in accordance with plans and drawings prepared by KFA Architects and Planners Inc. dated March 13, 2020, and the Heritage Impact Assessment (HIA) prepared by GBCA Architects dated February 28, 2020, subject to and in accordance with the approved Conservation Plan required in Recommendation1.a.2, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including execution of such agreement to the satisfaction of the City Solicitor.

2. The owner shall provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the Lands dated February 28, 2020, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. 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.

b. Prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the Lands, or any part of the Lands, the owner shall:

1. Provide final site plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.a.2 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Provide an Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Provide a Heritage Lighting Plan that describes how the buildings on the subject property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

c. Prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. Obtain final approval for the necessary Zoning By-law amendment required for the alterations to the Lands, where such amendments to have been approved by City Council and by the Local Planning Appeal Tribunal (LPAT) Order and such amendments  have come into effect in a form and with content acceptable to the City.

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 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, Urban Design, City 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, Urban Design, City Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

d. That prior to the release of the Letter of Credit required in Recommendation 1.c.3. the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in a form and with content satisfactory to the City Solicitor and Chief Planner ad Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West.
 
Origin
(June 8, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council approve the alterations proposed for the property at 582 King Street West, including 590 and 592 King Street West and 471 and 473 Adelaide Street West, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a mixed use building over the heritage buildings on the site as per the revised plans and drawings submitted to the City in conjunction with an appeal to the Local Planning Appeal Tribunal ("LPAT") of an application to amend the Zoning By-law.
 
Background Information
(June 8, 2020) Report and Attachments 1-5 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement - 582 King Street West
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148061.pdf)

 
Speakers
Christopher Borgal, GBCA Architects

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage building at 129 Bedford Road, in accordance with Section 42 of the Ontario Heritage Act, to allow for alterations in connection with the installation of a new entrance door on lands known municipally as 129 Bedford Road, with such alterations substantially in accordance with the plans and drawings prepared by Sixteen Degrees Studio Inc., dated February 21, 2020 and filed with the Senior Manager, Heritage Planning subject to the following:

a. That prior to the issuance of any heritage permit for the property at 129 Bedford Road, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning:

1. Final building permit drawings for the proposed alterations consistent with the plans and elevations submitted by the applicant and prepared by Sixteen Degrees Studio Inc., dated February 21, 2020.

2. A detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

This report recommends that City Council approve the proposed alterations at the existing two-and-a-half-storey house at 129 Bedford Road. This property is designated under Part V of the Ontario Heritage Act as part of the East Annex Heritage Conservation District (EAHCD). It includes a house that was constructed in the 1890s and is a Category "C" property within the EAHCD. Category "C" buildings are noted as those which "retain much of their original character and are vital reminders of a community's past." The guidelines for this Heritage Conservation District seek to discourage alterations or additions to the street façade of buildings, "except where such alterations are intended to restore the original appearance of the building."

The subject property is located at the corner of Bedford Road and Bernard Avenue and therefore has two street facing facades. The proposals seeks to alter one of the window openings along the secondary Bernard Avenue frontage to create a doorway. These alterations are considered to be minor and are not anticipated to have a significant impact on the appearance of the building as viewed from the public realm.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1. City Council approve the alterations to the heritage building at 129 Bedford Road, in accordance with Section 42 of the Ontario Heritage Act, to allow for alterations in connection with the installation of a new entrance door on lands known municipally as 129 Bedford Road, with such alterations substantially in accordance with the plans and drawings prepared by Sixteen Degrees Studio Inc., dated February 21, 2020 and filed with the Senior Manager, Heritage Planning, Urban Design, City Planning subject to the following:

a. That prior to the issuance of any heritage permit for the property at 129 Bedford Road, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning:

1. Final building permit drawings for the proposed alterations consistent with the plans and elevations submitted by the applicant and prepared by Sixteen Degrees Studio Inc., dated February 21, 2020.

2. A detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.
 
Origin
(March 5, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council approve the proposed alterations at the existing two-and-a-half-storey house at 129 Bedford Road. This property is designated under Part V of the Ontario Heritage Act as part of the East Annex Heritage Conservation District (EAHCD). It includes a house that was constructed in the 1890s and is a Category "C" property within the EAHCD. Category "C" buildings are noted as those which "retain much of their original character and are vital reminders of a community's past." The guidelines for this Heritage Conservation District seek to discourage alterations or additions to the street façade of buildings, "except where such alterations are intended to restore the original appearance of the building."

The subject property is located at the corner of Bedford Road and Bernard Avenue and therefore has two street facing facades. The proposals seeks to alter one of the window openings along the secondary Bernard Avenue frontage to create a doorway. These alterations are considered to be minor and are not anticipated to have a significant impact on the appearance of the building as viewed from the public realm. 
 
Background Information
(March 5, 2020) Report and Attachments 1-3 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Alterations to a Property Designated under Part V of the Ontario Heritage Act - 129 Bedford Road
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148044.pdf)

 
Communications
(June 30, 2020) Submission from Stephanie Vermeulen, Sixteen Degree Studio Inc. (PB.Supp.Pb15.3.1)
(http://www.toronto.ca/legdocs/mmis/2020/pb/comm/communicationfile-107598.pdf)

 
Speakers
Stephanie Vermeulen, Sixteen Degree Studio inc.
                

The Toronto and East York Community Council recommends that:

1. City Council state its intention to amend By-law 335-2020 dated April 30, 2020, to correct the legal description. 

This report recommends that City Council state its intention to amend City of Toronto By-law 335-2020 designating the property at 206 Russell Hill Road under Part IV, Section 29 of the Ontario Heritage Act to correct the legal description.

By-Law 335-2020 designating the property at 206 Russell Hill Road, which contains a 2½-storey detached house form building that was constructed in 1910 for William Sefton Hodgens (1878-1963), included an incorrect legal description.  The proposed amendment to the by-law would correct the legal description. This will have no impact on the Statement of Significance (Reasons for Designation) in the original report to City Council recommending the property's designation.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1. City Council state its intention to amend By-law 335-2020 dated April 30, 2020, to correct the legal description.
 
Origin
(June 4, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council state its intention to amend City of Toronto By-law 335-2020 designating the property at 206 Russell Hill Road under Part IV, Section 29 of the Ontario Heritage Act to correct the legal description.

By-Law 335-2020 designating the property at 206 Russell Hill Road, which contains a 2½-storey detached house form building that was constructed in 1910 for William Sefton Hodgens (1878-1963), included an incorrect legal description.  The proposed amendment to the by-law would correct the legal description. This will have no impact on the Statement of Significance (Reasons for Designation) in the original report to City Council recommending the property's designation.
 
Background Information
(June 4, 2020) Revised Report from the Senior Manager, Heritage Planning, Urban Design, City Planning - Amendment of Designating By-law to Correct Legal Description - 206 Russell Hill Road
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148579.pdf)
(June 4, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning - Amendment of Designating By-law to Correct Legal Description - 206 Russell Hill Road
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148039.pdf)
                        

The Toronto and East York Community Council recommends that: 

1.  City Council include the property at 501 Vesta Drive on the City of Toronto's Heritage Register.

2.  City Council state its intention to designate the property at 501 Vesta Drive under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 501 Vesta Drive (Reasons for Designation) attached as Attachment 3 to the report (March 6, 2020) from the Senior Manager, Heritage Planning, City Planning.

3.  If there are no objections to the designation in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council.

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

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

This report recommends that City Council include the property at 501 Vesta Drive on the City of Toronto's Heritage Register and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property, originally owned and occupied by the renowned philanthropist, Lady Edith J. Baillie, is located on the east side of Vesta Drive near the junction with Forest Hill Road in the Forest Hill South neighbourhood.  Prominently sited on a double lot, the Baillie house is an excellent representative of an Arts and Crafts movement house with Tudor Revival style details. Completed in 1930, the finely-crafted, two-and-a-half storey house was designed by the highly-regarded architect Douglas. E. Kertland.

In November, 2018, the property was nominated for inclusion on the Heritage Register and designation under the Ontario Heritage Act.   Following the sale of the property in June 2019, minor variance applications were submitted in September that involved the demolition of the existing house to allow for the construction of two new houses (one on each of the lots that comprise this property).

City staff have completed research and evaluation of the property at 501 Vesta Drive and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design, associative and contextual value. 

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.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.  City Council include the property at 501 Vesta Drive on the City of Toronto's Heritage Register.

2.  City Council state its intention to designate the property at 501 Vesta Drive under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 501 Vesta Drive (Reasons for Designation) attached as Attachment 3 to the report (March 6, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3.  If there are no objections to the designation in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council.

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

5.  If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision to designate the property.
 
Origin
(March 6, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council include the property at 501 Vesta Drive on the City of Toronto's Heritage Register and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property, originally owned and occupied by the renowned philanthropist, Lady Edith J. Baillie, is located on the east side of Vesta Drive near the junction with Forest Hill Road in the Forest Hill South neighbourhood.  Prominently sited on a double lot, the Baillie house is an excellent representative of an Arts and Crafts movement house with Tudor Revival style details. Completed in 1930, the finely-crafted, two-and-a-half storey house was designed by the highly-regarded architect Douglas. E. Kertland.

In November, 2018, the property was nominated for inclusion on the Heritage Register and designation under the Ontario Heritage Act.   Following the sale of the property in June 2019, minor variance applications were submitted in September that involved the demolition of the existing house to allow for the construction of two new houses (one on each of the lots that comprise this property).

City staff have completed research and evaluation of the property at 501 Vesta Drive and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design, associative and contextual value. 

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
(March 6, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Inclusion on the City of Toronto's Heritage Register and Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 501 Vesta Drive
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148068.pdf)

 
Communications
(June 29, 2020) E-mail from Jennifer Lomoro (PB.Supp.PB15.5.1)
(June 30, 2020) E-mail from Scott Cameron (PB.Supp.PB15.5.2)
(June 30, 2020) E-mail from Garry Hurvitz  (PB.Supp.PB15.5.3)
(June 30, 2020) E-mail from  Lynn Belzberg (PB.Supp.PB15.5.4)
(July 2, 2020) E-mail from Michael Antoszek (PB.Supp.PB15.5.5)

 
Speakers
Michael Antoszek                

The Toronto and East York Community Council recommends that:  

1. City Council state its intention to designate the property at 65 George Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 65 George Street (Reasons for Designation) attached as Attachment 3 to the report (March 10, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council. 

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

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

This report recommends that City Council state its intention to designate the listed heritage property at 65 George Street that contains a significant built heritage resource originally known as the Little York Hotel Stables and Coach House, under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

Located within the boundary of the original Town of York, the Little York Hotel stables and coach house at 65 George Street were constructed in 1880 as part of the Little York Hotel at 187 King Street East to the designs of the architects Langley, Langley & Burke. 

The property at 65 George Street was included on the City's Heritage Register in 1984. The property at 187 King Street East was included on the Heritage Register in 1973, and designated under Part IV, Section 29 of the Ontario Heritage Act in 1979 with a Heritage Easement Agreement registered in 1980.   Both properties were identified as contributing in the St. Lawrence Neighbourhood Heritage Conservation District adopted by City Council in 2015 and currently under appeal.

The 65 George Street property is the subject of a development application under the Planning Act to allow for the construction of a seventeen storey residential building that would result in the demolition of the heritage building.  This application has been refused by Council.  The owner has appealed Council's decision to the Local Planning Appeals Tribunal.

City staff have completed further research and evaluation of the property at 65 George Street and have determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design, associative and contextual value. 

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.

Board Recommendations

The Toronto Preservation Board recommends to the Toronto and East York Community

Council that:

1. City Council state its intention to designate the property at 65 George Street under Part IV,

Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 65

George Street (Reasons for Designation) attached as Attachment 3 to the report (March 10,

2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation in accordance with the Ontario Heritage Act,

City Council authorize the City Solicitor to introduce the necessary bill in Council.

3. If there are objections in accordance with the Ontario Heritage Act, City Council direct the

City Clerk to refer the proposed designation to the Conservation Review Board.

4. If the designation is referred to the Conservation Review Board, City Council authorize the

City Solicitor and appropriate staff to attend any hearing held by the Conservation Review

Board in support of Council's decision to designate the property.

Origin
(March 10, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council state its intention to designate the listed heritage property at 65 George Street that contains a significant built heritage resource originally known as the Little York Hotel Stables and Coach House, under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

Located within the boundary of the original Town of York, the Little York Hotel stables and coach house at 65 George Street were constructed in 1880 as part of the Little York Hotel at 187 King Street East to the designs of the architects Langley, Langley & Burke. 

The property at 65 George Street was included on the City's Heritage Register in 1984. The property at 187 King Street East was included on the Heritage Register in 1973, and designated under Part IV, Section 29 of the Ontario Heritage Act in 1979 with a Heritage Easement Agreement registered in 1980.   Both properties were identified as contributing in the St. Lawrence Neighbourhood Heritage Conservation District adopted by City Council in 2015 and currently under appeal.

The 65 George Street property is the subject of a development application under the Planning Act to allow for the construction of a seventeen storey residential building that would result in the demolition of the heritage building.  This application has been refused by Council.  The owner has appealed Council's decision to the Local Planning Appeals Tribunal.

City staff have completed further research and evaluation of the property at 65 George Street and have determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, for its design, associative and contextual value. 

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
(March 10, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 65 George Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148069.pdf)

 
Communications
(June 29, 2020) Letter from Leslie A. Fluxgold on behalf 1429458 Ontario Limited (PB.Supp.PB15.1.1)
(http://www.toronto.ca/legdocs/mmis/2020/pb/comm/communicationfile-107576.pdf)

The Toronto and East York Community Council recommends that:  

1. City Council include the following five properties on the City of Toronto's Heritage Register in accordance with the Statement of Significance (Reasons for Inclusion), attached as Attachment 3 to the report (June 3, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

106 Queen Street East

108 Queen Street East

110 Queen Street East

112 Queen Street East

114 Queen Street East.

This report recommends that City Council include the properties at 106-114 Queen Street East on the City of Toronto’s Heritage Register for their cultural heritage value. This row of five attached properties completed together in 1886-1887 contains three-storey, Victorian-era brick, mixed-use (residential and commercial) buildings located on the north side of Queen Street East between Mutual and Jarvis streets in the Garden District neighbourhood. The five properties comprise part of a longer terrace of eight buildings in total. The three properties at 100-104 Queen Street East are concurrently being considered in a separate report, as they form the subject of an active development site and application at 98-104 Queen Street East and 3 Mutual Street.

Following further research and evaluation, it has been determined that each of the five properties at 106-114 Queen Street East meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, which the City of Toronto also applies when evaluating properties for its Heritage Register.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1. City Council include the following five properties on the City of Toronto's Heritage Register in accordance with the Statement of Significance (Reasons for Inclusion), attached as Attachment 3 to the report (June 3, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning

106 Queen Street East

108 Queen Street East

110 Queen Street East

112 Queen Street East

114 Queen Street East
 
Origin
(June 3, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council include the properties at 106-114 Queen Street East on the City of Toronto’s Heritage Register for their cultural heritage value. This row of five attached properties completed together in 1886-1887 contains three-storey, Victorian-era brick, mixed-use (residential and commercial) buildings located on the north side of Queen Street East between Mutual and Jarvis streets in the Garden District neighbourhood. The five properties comprise part of a longer terrace of eight buildings in total. The three properties at 100-104 Queen Street East are concurrently being considered in a separate report, as they form the subject of an active development site and application at 98-104 Queen Street East and 3 Mutual Street.

Following further research and evaluation, it has been determined that each of the five properties at 106-114 Queen Street East meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, which the City of Toronto also applies when evaluating properties for its Heritage Register.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.
 
Background Information
(June 3, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Inclusion on the City of Toronto's Heritage Register - 106-114 Queen Street East
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148066.pdf)

 
Communications
(July 1, 2020) E-mail from Rita Pistore (PB.Supp.PB15.6.1)                       

The Toronto and East York Community Council recommends that:  

1. City Council include the property at 292 Main Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 292 Main Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 292 Main Street (Reasons for Designation) attached as Attachment 5 to the report (March 9, 2020) from the Senior Manager, Heritage Planning.

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

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

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

6. City Council approve the alterations to the heritage property at 292 Main Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 27-storey tower on the lands known municipally as 276-296 Main Street, with such alterations substantially in accordance with plans and drawings (update issued April 19, 2019) prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc., (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) 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: