City Council

Meeting No.:
2
Contact:
Marilyn Toft, Manager
Meeting Date:
Thursday, December 16, 2010

Phone:
416-392-7032
Start Time:
9:30 AM
E-mail:
clerk@toronto.ca
Location:
Council Chamber, City Hall

The Agenda and related materials for this meeting are enclosed.  The details of the meeting are noted at the top of the Agenda.
 
Members of Council and Staff:  Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended.  The City Clerk’s Office will not provide additional copies.


December 13, 2010

___________________________


 

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

 

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

 

The City videotapes Council, committee and community council meetings. If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

 

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-7032.

 

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

 

___________________________

 

 

 

 

 

 

 

City Council - Routine Matters - Meeting 2

RM2.1 - Call to Order

Consideration Type:
Information

Summary

  • O Canada
  • Moment of Silence
  • Declarations of Interest under the Municipal Conflict of Interest Act

Background Information

Condolence Motion for George Vari
https://www.toronto.ca/legdocs/mmis/2011/rm/bgrd/backgroundfile-34616.pdf
Condolence Motion for Paul Sannella
https://www.toronto.ca/legdocs/mmis/2011/rm/bgrd/backgroundfile-34617.pdf
Condolence Motion - Lilein (Elisabeth) Schaeffer
https://www.toronto.ca/legdocs/mmis/2011/rm/bgrd/backgroundfile-34644.pdf

RM2.2 - Confirmation of Minutes

Consideration Type:
ACTION

Summary

City Council will confirm the minutes from the December 7 and 8, 2010 City Council meeting.

RM2.3 - Introduction of Committee Reports and New Business from City Officials

Consideration Type:
ACTION

Summary

Report of the Executive Committee from Meeting 1 on December 9, 2010

            Submitted by Mayor Rob Ford, Chair

 

Report of the Etobicoke York Community Council from Meeting 2 on December 10, 2010

            Submitted by Councillor Mark Grimes, Chair

 

Report of the North York Community Council from Meeting 2 on December 10, 2010

            Submitted by Councillor Maria Augimeri, Chair

 

Report of the Scarborough Community Council from Meeting 2 on December 10, 2010

            Submitted by Councillor Paul Ainslie, Chair

 

Report of the Toronto and East York Community Council from Meeting 2 on December 10, 2010

            Submitted by Councillor Gord Perks, Chair

 

New Business submitted by City Officials

RM2.4 - Petitions

Consideration Type:
Information

Summary

Members of Council may file petitions.

RM2.5 - Presentations, Introductions and Announcements

Consideration Type:
Information

Summary

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

RM2.6 - Review of the Order Paper

Consideration Type:
ACTION

Summary

City Council will review the Order Paper.

Executive Committee - Meeting 1

EX1.5 - Councillor Office Expenses Budget

Consideration Type:
ACTION
Attention
Mayor's Key Matter and second item of business.

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve the reduction of the annual individual Councillor Office Expenses Budget from $50,445 to $30,000, effective January 1, 2011;

 

2.         City Council direct the City Clerk to resubmit to Financial Planning the 2011 operating budget for City Council at  $899,580 lower to reflect the reduction in the councillor office expenses budget;

 

3.         City Council request the Deputy Mayor and City Clerk to review the Councillor Expense Policy in consultation with Members of Council and report back to City Council via Executive Committee in April 2011.

Committee Decision Advice and Other Information

The Executive Committee referred the following motions to the Deputy Mayor and City Clerk for consideration as part of their review of the Councillor Expense Policy:

 

By Councillor Del Grande:

 

"That Councillor Office Expense Budgets be adjusted each year to reflect Consumer Price Index increases."

 

By Councillor Milczyn:

 

"That the City Manager and City Clerk report to the Executive Committee, as part of the review of the Councillor Expense Policy, on a policy and funding which City Councillors may access in order to communicate to their Ward residents in emergency or extraordinary situations."

 

By Councillor Shiner:

 

"That the City Manager, in consultation with the Mayor's Office, include in the new Councillor Expense Policy a recommendation which would faciliate Members of Council having a constituency office in Toronto Civic Centres or other City or Agencies, Boards and Commissions facilities, subject to those properties being able to accommodate a constituency office, without the use of the space impacting the Councillors' office budget."

 

By Councillor Mammoliti:

 

1.         "That the Deputy Mayor and City Clerk, as part of their review of the Councillor Expense Policy, give consideration as to how the provincial model might be applied to the Councillor Office Expense budget."

 

2.         "City Council request the Federal Government to consider a no-charge policy for postage for constituency mailings by Members of Council."

 

The Executive Committee consented to the withdrawal of the letter (December 6, 2010) from Councillor Lindsay Luby ( Item EX1.5a).

Origin

(December 1, 2010) Letter from Mayor Rob Ford

Summary

During my campaign, I promised to reduce the Councillor Expense Budget and to tighten up the rules on what are considered eligible expenses. While the actual savings are not huge, this reduction is highly symbolic of the will of Toronto City Council to listen to the voice of the public and demonstrate leadership in fiscal restraint and respect for the taxpayer.

 

I am hereby requesting that City Council vote to reduce the Councillor Office Expenses Budget, effective January 1, 2011, from the current annual budget level of $50,445 to $30,000.

 

This will result in a reduction in the 2011 operating budget requirements for City Council in the amount of $899,580. I am therefore, also requesting the City Clerk to resubmit to Financial Planning staff the 2011 Operating Budget for City Council to reflect this reduction.

 

The new 2011 City Council Operating Budget submission will be considered, along with all other city budgets, during the City's 2011 operating budget process.

 

At the same time, the Councillor Expense Policy needs to be reviewed with a view of clarifying and tightening the categories of eligible expenses. I am requesting that the Deputy Mayor and the City Clerk undertake this review, consult with Members of Council and report back to Council via Executive Committee in April 2011

Background Information (Committee)

(December 1, 2010) Letter from Mayor Rob Ford respecting Councillor Office Expenses Budget
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34115.pdf

Speakers

Councillor Sarah Doucette
Councillor Pam McConnell
Councillor Joe Mihevc
Councillor Frances Nunziata
Councillor Adam Vaughan

Communications (Committee)

(December 6, 2010) Letter from Councillor Gloria Lindsay Luby - Ward 4, Etobicoke Centre (EX.Supp.EX1.5a)
https://www.toronto.ca/legdocs/mmis/2011/ex/comm/communicationfile-18610.pdf
(December 8, 2010) E-mail from Councillor Lindsay Luby (EX.Supp)
https://www.toronto.ca/legdocs/mmis/2011/ex/comm/communicationfile-18687.pdf
(December 8, 2010) E-mail from Mr. Philip Stoop, President, Corktown Residents and Business Association (EX.New.EX1.5.1)

EX1.6 - Compensation for Elected Officials - 2010 Market Survey Results

Consideration Type:
ACTION
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council receive the item for information.

Origin

(December 1, 2010) Letter from the City Clerk

Summary

The Executive Committee on August 16, 2010 deferred consideration of the attached report (July 30, 2010) from the City Manager and the City Clerk titled "Compensation for Elected Officials – 2010 Market Survey Results".

 

The Executive Committee also considered an e-mail (August 16, 2010) from Mr. Miguel Avila.

Background Information (Committee)

(December 1, 2010) Letter from the City Clerk forwarding Compensation for Elected Officials - 2010 Market Survey Results
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34132.pdf
(July 30, 2010) Compensation for Elected Officials - 2010 Market Survey Results (EX46.4)
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34116.pdf

Communications (Committee)

(August 16, 2010) E-mail from Miguel Avila (EX.Main.EX1.6.1)
(December 3, 2010) E-mail from Peter Clarke (EX.Supp.EX1.6.2)

EX1.7 - Personal Vehicle Tax - Repeal of Tax and Termination of Collection Agreement

Consideration Type:
ACTION
Wards:
All
Attention
Mayor's Key Matter and first item of business.

Communications EX1.7.1 to EX1.7.5 have been submitted on this Item. Bill 42 has been submitted on this Item (Bill status pending).

Committee Recommendations

The Executive Committee recommends that: 

 

1a.       City Council repeal the City's Personal Vehicle Tax for permit validation renewal periods commencing on or after January 1, 2011 (the "Termination Date"), and amend the City of Toronto Municipal Code Chapter 765, Taxation, Personal Vehicle Tax accordingly;

 

1b.       City Council determine that Subsection 1(a) does not apply to permit validation renewals commencing after the Termination Date for permit holders with scheduled renewal dates (birthdates) prior to the Termination Date (the "Taxable Renewals").

 

2.         City Council authorize the termination of the PVT Collection Agreement, subject to any surviving arrangements as deemed appropriate by the Deputy City Manager and Chief Financial Officer, in consultation with the City Solicitor, in order to implement an orderly termination of the tax.

 

3.         City Council direct the Deputy City Manager and Chief Financial Officer to provide the Ministry of Transportation and the Ministry of Government Services with written notice of Recommendations 1 and 2.

 

4.         City Council approve the issuance of refunds by the Deputy City Manager and Chief Financial Officer of PVT paid in the following amounts:

 

a.         one half of the PVT paid if PVT was paid for a two-year permit validation period commencing prior to the Termination Date and if the second year of the two-year permit validation period commences after the Termination Date;

 

b.         all PVT paid in respect of a permit validation renewal period starting on or after the Termination Date, with the exception of Taxable Renewals.

 

5.         City Council direct the Deputy City Manager and Chief Financial Officer to provide details as to the plan to communicate the process for termination of the tax to the citizens of Toronto.

 

6.         City Council direct that the budgetary impacts of the above actions be addressed as part of the 2011 Operating Budget review process.

 

7.         City Council authorize the introduction of the necessary bills to give effect hereto.

Origin

(December 3, 2010) Report from the City Manager and the Deputy City Manager and Chief Financial Officer

Summary

This report identifies options and sets out procedural and contractual requirements for the repeal of the Personal Vehicle Tax (PVT) and termination of the PVT Collection Agreement ("Agreement") with the Ministry of Transportation and the Ministry of Government Services (the "Province") in 2011.

 

Termination of the PVT in 2011 would have a direct impact on the 2011 operating budget. It would (i) reduce the PVT revenues by an average of $4 million for each month it is no longer in effect, (ii) require certain refunds of PVT payments made prior to the effective PVT repeal date, and (iii) result in City administration costs to process refunds, and reimbursement of costs incurred by the Province for system changes to implement termination of PVT collection. The total estimated 2011 budget impact is approximately $64 million if the tax is repealed on January 1, 2011.

 

Background Information (Committee)

(December 3, 2010) Personal Vehicle Tax - Repeal of Tax and Termination of Collection Agreement
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34156.pdf
(November 24, 2010) Report from Deputy City Manager and Chief Financial Officer, advising of forthcoming report
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34163.pdf

Speakers

Councillor Janet Davis
Councillor Sarah Doucette
Councillor Pam McConnell
Councillor Anthony Perruzza

Communications (City Council)

(December 10, 2010) Letter from Hamish Wilson (CC.Main.EX1.7.1)
(December 14, 2010) E-mail from Nora Currie (CC.Supp.EX1.7.2)
(December 15, 2010) E-mail from Matthew McGuire, President, Toronto Taxpayers Coalition (CC.New.EX1.7.3)
https://www.toronto.ca/legdocs/mmis/2011/cc/comm/communicationfile-18674.pdf
(December 15, 2010) E-mail from Tim Foran (CC.New.EX1.7.4)
(December 16, 2010) E-mail from Michelle Treacy (CC.New.EX1.7.5)

EX1.8 - Designating the TTC an Essential Service

Consideration Type:
ACTION
Attention
The Toronto Transit Commission has submitted a letter on this Item (EX1.8a - with recommendation)

Communications EX1.8.1 to EX1.8.5 have been submitted on this Item.

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council formally request the Provincial Government to designate public transit in Toronto an essential service.

 

2.         City Council request the Provincial Government to require a mandatory review of the designation of the Toronto Transit Commission as an essential service after five years time.

Committee Decision Advice and Other Information

The Executive Committee requested the City Clerk, in order to ensure that Councillors have the information needed to make an informed decision about Item EX1.8, to circulate the report (September 22, 2008) titled "Declaring the Toronto Transit Commission an Essential Service in Toronto" to all City Councillors in conjunction with the item, including posting the report to the City's web site.

Origin

(December 1, 2010) Report from Mayor Rob Ford

Summary

One of my priorities as the newly elected Mayor of Toronto is to improve the services that impact the daily lives of Torontonians.  Creating a more accountable and efficient transit system will provide enhanced service while restoring citizens' faith in publicly operated organizations.

 

The TTC is one of the most widely used transit systems in North America.  It carries approximately 1.5 million passengers daily, including 85% of transit trips in the Greater Toronto Area.  Hundreds of thousands of Toronto residents rely on the TTC on a daily basis to get to work, school and to perform various other important tasks.  Similarly, Wheeltrans is often the only means of transportation for many Toronto residents who are elderly or physically challenged.

 

Transit work stoppages create an enormous impediment for Toronto residents, both functionally and economically.  Passengers are left stranded while millions of dollars are lost in economic activity.  Each day of a transit strike also leads to increased greenhouse gas emissions as many residents have no alternative but to rely on automobiles as their primary form of transportation.  Designating the TTC an essential service would satisfy a number of statutory requirements, as a work stoppage in Toronto may pose a threat to life, health or safety and may also lead to serious environmental damage.

 

Presently, a private member's bill is being considered at the provincial legislature that would effectively make public transit across Ontario an essential service.  The City of Toronto, due to its size and population, would especially benefit from such a designation.  In order to prevent a transit workers' strike that will paralyze Toronto residents and negatively impact their well-being and the City's economic situation, it is incumbent on council to request that the Province of Ontario designate public transit in Toronto an essential service.

Background Information (Committee)

(December 1, 2010) Letter from Mayor Rob Ford respecting Designating the TTC an Essential Service
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34122.pdf

Background Information (City Council)

(September 22, 2008) Report from the City Manager on declaring the TTC an essential service
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34283.pdf
(December 15, 2010) Letter from the General Secretary, Toronto Transit Commission, forwarding recommendations from the TTC meeting held on December 15, 2010 (EX1.8a)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34600.pdf
Motion, entitled "Declaring the TTC an Essential Service" - considered by the TTC at its meeting held on December 15, 2010
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34601.pdf

Speakers

Councillor Janet Davis
Councillor Mary Fragedakis
Councillor Gord Perks
Councillor Adam Vaughan

Communications (City Council)

(December 14, 2010) E-mail from Polly Beel (CC.Supp.EX1.8.1)
(December 16, 2010) Submission from Councillor Karen Stintz, Ward 16 Eglinton-Lawrence, submitting a document entitled "A Special Report" by Marilyn Churley respecting the TTC (CC.New.EX1.8.2)
https://www.toronto.ca/legdocs/mmis/2011/cc/comm/communicationfile-18682.pdf
(December 16, 2010) E-mail from Michelle Treacy (CC.New.EX1.8.3)
(December 16, 2010) Submission from Councillor Karen Stintz, Ward 16, Eglinton-Lawrence, submitting various news articles about declaring the TTC an essential service (CC.New.EX1.8.4)
(December 16, 2010) Petition from Councillor Cesar Palacio, Ward 17 - Davenport, containing the names of approximately 851 persons, respecting the designation of the Toronto Transit Commission as an essential service (CC.New.EX1.8.5)

EX1.9 - Change to the Driveway Parking Regulations for the Residential Zone Category in New Zoning By-law

Consideration Type:
ACTION
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council direct a Statutory Public Meeting be held before the Planning and Growth Management Committee at its meeting to be held in January 2011 to consider an amendment to Bylaw 1156-2010 clarifying that the zoning bylaw does not prevent the casual use of a driveway for the parking of vehicles substantially in the form of the draft by-law attached to the report (November 30, 2010) from the Chief Planner and Executive Director, City Planning.

Origin

(November 30, 2010) Report from the Chief Planner and Executive Director, City Planning

Summary

The new city-wide Zoning By-law, Bylaw No. 1156-2010, was enacted by City Council on August 27, 2010. The idea of a single zoning by-law for the City is intended to bring greater efficiencies and effectiveness to the manner in which zoning regulations are administered and enforced. In creating the single Zoning By-law, the focus was on capturing the intent of the existing by-laws in one city-wide by-law. The existing standards (height, setbacks, density) were kept the same by recognizing many various zones throughout the City.

 

With respect to parking in driveways, the new Zoning By-law appears to be unclear as to how it may be interpreted. This report recommends that amendments be brought forward, clarifying this by-law does not prohibit parking in a driveway. 

 

Background Information (Committee)

(November 30, 2010) Report from the Chief Planner and Executive Director, City Planning - Change to the Driveway Parking Regulations for the Residential Zone Category in New Zoning By-law
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34123.pdf

Communications (Committee)

(December 6, 2010) Letter from Councillor Gloria Lindsay Luby - Ward 4, Etobicoke Centre (EX.Supp.EX1.9a)
https://www.toronto.ca/legdocs/mmis/2011/ex/comm/communicationfile-18613.pdf

EX1.10 - 2011 Budget Process

Consideration Type:
ACTION
Wards:
All
Attention
The Budget Committee decision about the establishment of sub-committees has been submitted on this Item (For information - EX1.10a)

Committee Recommendations

The Executive Committee recommends that:

 

1.       City Council approve the 2011 Budget Process and Schedule which is designed to develop, review and adopt the 2011 Operating and Capital Budgets by February 28, 2011 as set out in Appendix 1 of the report (December 6, 2010) from the City Manager and Deputy City Manager and Chief Financial Officer.

 

Origin

(December 6, 2010) Report from the City Manager and Deputy City Manager and Chief Financial Officer

Summary

The purpose of this report is to present to City Council for its consideration a 2011 Budget Process that responds to a request from the previous Council for staff to propose a budget process that complies with the 2006 City of Toronto Act (CoTA) to the new Executive Committee at its first meeting.

 

In compliance with the CoTA, the recommended 2011 budget process fulfills the City's obligation to “prepare and adopt a budget including estimates of all sums required during the year” for the purpose of continuing the business of the City.  It is designed to ensure that both the Tax Levy and Rate Supported Capital and Operating Budgets are approved by February 28, 2011 with minimal impact on best practices.  It is noted that, as directed by Council, the recommended budget process does not include the Budget Committee briefings stage of the budget process.  A 2012 budget process that sets out budget reductions strategies and timelines is discussed in this report.  Staff will present a more comprehensive budget process that incorporates service planning and review, and a role for Standing Committees for consideration prior the summer of 2011.

Background Information (Committee)

2011 Budget Process
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34161.pdf
Appendix 2 - 2011 Recommended Budget Process Schedule
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34162.pdf
(November 24, 2010) Report from Deputy City Manager and Chief Financial Officer, advising of forthcoming report
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34165.pdf

Background Information (City Council)

Budget Committee decision on the establishment of Sub-Committees of the Budget Committee (EX1.10a)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34643.htm

Speakers

Councillor Raymond Cho
Councillor Janet Davis
Councillor Sarah Doucette
Councillor Paula Fletcher
Councillor Gloria Lindsay Luby
Councillor Josh Matlow
Councillor Pam McConnell
Councillor Frances Nunziata
Councillor Gord Perks
Councillor Adam Vaughan

Communications (Committee)

(December 3, 2010) E-mail from Peter Clarke (EX.Supp.EX1.10.1)

EX1.11 - Capital Variance Report for the Nine-month Period Ended September 30, 2010

Consideration Type:
ACTION
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         Council approve the in-year budget adjustments to the 2010 Approved Capital Budget detailed in Appendix 2 of the report (November 30, 2010) from the Deputy City Manager and Chief Financial Officer.

 

2.         Council approve a change in scope of the Steeles Avenue Resurfacing Project requiring additional project cost of $0.763 million to be funded one third by the Federal government under the Infrastructure Stimulus Program, and two thirds by reallocating funds in the same amount from the previously approved and wholly City funded Mount Pleasant Bridge Rehabilitation Project; and that implementation of the change in scope be conditional on the Federal government approving its share of the additional funding requirement.

 

3.         Council approve reduction of the 2008 carry forward capital funding for Economic Development and Culture totalling $0.142 million, with no incremental impact on debt as detailed in Appendix 3 of the report (November 30, 2010) from the Deputy City Manager and Chief Financial Officer.

 

4.         Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

Origin

(November 30, 2010) Report from the Deputy City Manager and Chief Financial Officer

Summary

The purpose of this report is to provide the 2010 Capital Variance for the nine-month period ended September 30, 2010 and projected actual expenditures to December 31, 2010.  Furthermore, the report seeks Council’s approval for in-year and additional prior-year carry-forward funding adjustments.

 

Capital expenditures for the nine months ended September 30, 2010 totalled $1.426 billion or 39.5% of the 2010 Approved Capital Budget of $3.609 billion.  This spending pattern is consistent with prior years.  As detailed by City Program and Agency in Appendix 1, projected actual expenditures to year-end is estimated at $2.735 billion or 75.8% of the total 2010 Approved Capital Budget of $3.609 billion.  It is noted that 57%, or 20 of 35 City Programs and Agencies have projected spending to year-end in excess of 70% of their respective budgets. Tax Supported Programs project a spending rate of 75% to year-end; while Rate Supported Programs project spending of 78.3% of their total 2010 Approved Capital Budget.

 

Background Information (Committee)

(November 30, 2010) Capital Variance Report for the Nine-month Period Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34125.pdf
Appendix 1 - 2010 Consolidated Capital Variance Report for the Nine Months Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34146.pdf
Appendix 1.a - Consolidated Capital Variance Report for ISF Projects for the Nine Months Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34147.pdf
Appendix 1.b - Consolidated Capital Variance Report for RInC Projects for the Nine Months Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34148.pdf
Appendix 1.c - Cancelled ISF Projects
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34149.pdf
Appendix 2 - In-Year Adjustments for the Nine Months Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34150.pdf
Appendix 3 - 2008 Carry Forwards Funding Adjustments
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34151.pdf
Appendix 4 - Capital Variance Explanation - Programs/Agencies
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34152.pdf

EX1.12 - Operating Variance Report for the Nine-month Period Ended September 30, 2010

Consideration Type:
ACTION
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve the budget adjustments including the approved position transfers as detailed in Appendix D of the report (December 6, 2010) from the Deputy City Manager and Chief Financial Officer to amend the 2010 Approved Gross Operating Budget between Programs with no net impact to the 2010 Approved Operating Budget.

Origin

(December 6, 2010) Report from the Deputy City Manager and Chief Financial Officer

Summary

The purpose of this report is to provide City Council with the Operating Variance for the nine-month period ended September 30, 2010 as well as year-end projections and to request Council's approval for amendments to the 2010 Council Approved Operating Budget with no change to the 2010 Approved Net Operating Budget.

 

Actual net expenditures were under budget by $197.437 million or 8.1%.  Projections to year-end indicate that the 2010 Council Approved Net Operating Budget will be under-spent by $282.287 million or 8.0%.  It is noted that the projected year-end operating surplus is based on the assumption that the City will be receiving the 2010 funding commitment of $52.0 million from the Province for the Ontario Work Cost of Administration (COA).  To date, the Province has not paid this amount.

 

Major contributions to the favourable results include:

 

  • Municipal Land Transfer Tax of $89.505 million due to better than forecasted housing activities
  • Toronto Transit Commission (Conventional and Wheel-Trans) passenger revenues of $58.5 million due to strong ridership growth
  • Higher than expected Supplementary Taxes of $39.5 million
  • Strong Interest and Investment Earnings of $29.722 million
  • Savings on Debt Servicing Charges of $26.425 million
  • Lower than budgeted caseload and social assistance and administration costs of $21.419 million by Toronto Employment and Social Services
  • Hiring slow-down of $21.236 million across City Programs and Agencies.  This savings is expected to increase to $34.0 million by year-end due to a more aggressive hiring slow-down strategy requested by the City Manager in the fourth quarter.
  • Savings on winter maintenance costs of  $18.322 million by Transportation Services

 

The projected year-end surplus also includes unfavourable results forecasted for the following:

 

  • Over-expenditure of $8.279 million in Tax Deficiencies due to higher than expected assessment and tax appeals
  • Higher than budgeted Street and Expressway Lighting Services electricity and contact voltage mitigation costs of $6.414 million
  • Over-expenditure of $4.963 million by Court Services due to high growth of unpaid fines and increased overtime costs for police officers due to an increase in trial rates
  • Lower than budgeted provincial revenues to fund the Central Ambulance Communication Centre (CACC) Program and over-expenditure of salaries and benefits of $4.314 million by Emergency Medical Services

Background Information (Committee)

Operating Variance Report for the Nine-month Period Ended September 30, 2010
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34160.pdf
(December 6, 2010) Report from the Deputy City Manager and Chief Financial Officer, advising of forthcoming report
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34164.pdf

EX1.14 - 2011 Interim Estimates

Consideration Type:
ACTION
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve the 2011 Interim Operating Estimates totalling $3.080 billion as detailed by City Program and Agency in Appendix 1 attached to the report (December 6, 2010 from the Deputy City Manager and Chief Financial Officer.

 

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to make net disbursements of $2.677 billion during the period January 1, to March 31,  2011, including cash transfers of  $495.9 million to Agencies as detailed in the attached Appendix 1 attached to the report (December 6, 2010 from the Deputy City Manager and Chief Financial Officer.

 

3.         City Council approve the 2011 Interim Capital Estimates totalling $315.499 million with debt financing of $48.442 million comprised of the following:

 

i.          $80.273 million gross and $24.246 million debt for Infrastructure Stimulus Fund (ISF) and Recreational Infrastructure Canada Programs (RInC) projects/sub-projects (all previously approved).

 

ii.         $235.226 million gross and $24.195 million debt for non ISF and RInC previously approved projects / sub-projects.

 

4.         City Council approve debenture financing of no more than $48.442 million with terms not to exceed the useful life of the capital assets.

 

5.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

Origin

(December 6, 2010) Report from the Deputy City Manager and Chief Financial Officer

Summary

The purpose of this report is to request Council’s approval of the 2011 Interim Operating and Capital Estimates in order to enable City Programs and Agencies to carry out their ongoing (base) operations and to continue work on urgent previously approved capital projects during the period January 1 to March 31, 2011, or the date on which the 2011 Operating and Capital Budgets are approved.

 

In accordance with the Financial Control By-Law, an Interim Operating Budget must be approved prior to January 1, 2011 to ensure that appropriate Council approval is granted to fund the continuance of the City’s business during the period January 1 to March 31, 2011.  The 2011 Interim Operating Estimate is $3.080 billion gross; and requires cash outflows of $2.677 billion.

 

Council is also required to approve Interim Capital Estimates for the period January 1, 2011 to the date on which the 2011 Capital Budget is approved, in order to ensure that capital works on previously approved projects continue without interruption.  The Interim Capital Estimates total $315.499 million and are comprised of 100% of the 2011 commitments for the City's infrastructure stimulus projects and 10% of the 2011 cash for funding commitments for previously approved capital projects (see Appendix 2).

Background Information (Committee)

(December 6, 2010) 2011 Interim Estimates
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34158.pdf
(December 6, 2010) Report from the Deputy City Manager and Chief Financial Officer, advising of forthcoming report
https://www.toronto.ca/legdocs/mmis/2011/ex/bgrd/backgroundfile-34166.pdf

Etobicoke York Community Council - Meeting 2

EY2.1 - 2277-2295 Sheppard Avenue West and 100 Mainshep Road - Lots 3, 4 and 93 to 121 (inclusive) on Registered Plan of Subdivision 66M-2474 - Part Lot Control Exemption Application - Final Report

Consideration Type:
ACTION
Ward:
7 - York West

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands formerly known as 2277-2295 Sheppard Avenue West and 100 Mainshep Road (Lots 3, 4 and 93 to 121 (inclusive) on Registered Plan of Subdivision 66M-2474) as generally illustrated on Attachment 1 to the report (November 22, 2010) from the Director, Community Planning, Etobicoke York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

 

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

 

3.         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.

Origin

(November 22, 2010) Report from the Director, Community Planning, Etobicoke York District

Summary

This report reviews and recommends approval of an application by Fernbrook Homes (Sheppard) Limited for Part Lot Control Exemption for 31 pairs of semi-detached dwellings (62 units) within the development on lands formerly known as 2277-2295 Sheppard Avenue West and 100 Mainshep Road (Lots 3, 4 and 93 to 121 (inclusive) on Registered Plan of Subdivision 66M-2474).

 

An exemption from Part Lot Control will allow each lot containing a pair of semi-detached dwelling units to be subdivided yielding 62 individual residential lots each with a semi-detached dwelling unit.

Background Information (Community Council)

(November 22, 2010) Report from the Director, Community Planning, Etobicoke York District - Final Report regarding a Part Lot Control Exemption Application at 2277-2295 Sheppard Avenue West and 100 Mainshep Road
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-33969.pdf

EY2.2 - 2431 Weston Road - Demolition Approval Application - Final Report

Consideration Type:
ACTION
Ward:
11 - York South-Weston

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council approve the application to demolish the existing building at 2431 Weston Road pursuant to By-law 3102-95 of the former City of York, subject to the owner entering into a Beautification Agreement, containing a beautification plan, with the City to be registered on title prior to the issuance of a demolition permit.

 

2.         City Council authorize City Legal and City Planning staff to prepare the agreement containing a beautification plan that is prepared in consultation with the Ward Councillor and the owner.

 

3.         City Council request City Planning staff to advise the owner of the following:

 

a.         All services in the municipal right-of-way that are to be abandoned will be done so by City forces.  The owner will abandon all services within private property.  The owner must co-ordinate the abandoning of services in the municipal right-of-way with Bruce Grainger, Toronto Water, (416) 394-8454.

 

b.         The owner will be required to obtain approval from the Transportation Services Division for any work within the public right-of-way.  For further information, please contact Tamara MacDonald, Right-of-Way Management Section, Etobicoke York District at (416) 394-8348.

 

c.         The owner is financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above-or below-grade municipal services/utilities that may be necessary for the completion of this project.

 

d.         All By-laws relating to the protection of private trees are applicable for the subject property.  There are no trees protected by the Street Tree By-law that will be impacted by the proposed demolition.  Prior to site disturbance the owner must confirm that no migratory birds are making use of the site for nesting.  The owner must also ensure that the works are in conformance with the Migratory Bird Convention Act and that no migratory bird nests will be impacted by the proposed work.  The property owner should contact Peter Dmytrasz (416) 394-8551 for further information. The requirement for additional street and private tree planting will be addressed through the beautification plan or the future planning approval process that will be required for any development on the lands, in consultation with Urban Forestry Services.

 

e.         In the event that deeply buried archaeological remains are encountered on the property during demolition activities, the Heritage Operations Unit of the Ministry of Culture shall be notified immediately at (416) 314-7146 as well as the City of Toronto, Heritage Preservation Services Unit (416) 338-1096.

 

f.          In the event that human remains are encountered during demolition, the proponent should immediately contact both the Ministry of Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, (416) 326-8404.

Origin

(November 23, 2010) Report from the Director, Community Planning, Etobicoke York District

Summary

Dave Tomei has submitted an application for demolition approval under the former City of York By-law 3102-95, for the proposed demolition of a vacant one-storey building, formerly used as an industrial paint coating facility at 2431 Weston Road.

Background Information (Community Council)

(November 23, 2010) Report from the Director, Community Planning, Etobicoke York District - Final Report regarding a Demolition Approval Application at 2431 Weston Road
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-33972.pdf

EY2.5 - A Portion of the Gunns Road Right-of-Way north of 30 Weston Road - Zoning Amendment Application - Preliminary Report

Consideration Type:
ACTION
Ward:
11 - York South-Weston

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council determine that the City is satisfied with community consultation held to date as the proposed inclusion of a portion of Gunns Road was included in the discussions of the associated development at 30 Weston Road, and that no further community meetings are required for this application.

 

2.         City Council direct City staff to bring forward a final report and hold a statutory public meeting.

 

3.         City Council direct that Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

Origin

(November 24, 2010) Report from the Director, Community Planning, Etobicoke York District

Summary

This application proposes to include a portion of the Gunns Road right-of-way north of 30 Weston Road within the parcel to be used for the proposed development at 30 Weston Road and part of 33 Gunns Road. This was previously discussed during community consultation and in staff’s Final Report on the proposed development.

Background Information (Community Council)

(November 24, 2010) Report from the Director, Community Planning, Etobicoke York District - Preliminary Report regarding a Zoning Amendment Application on a portion of the Gunns Road Right-of-Way north of 30 Weston Road
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-34001.pdf

EY2.7 - 7-21 Richgrove Drive - Centre Median Island

Consideration Type:
ACTION
Ward:
4 - Etobicoke Centre
Attention
Bill 45 has been submitted on this Item

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.         City Council approve the alterations and modifications on Martin Grove Road, as indicated in Appendix “A” and generally as shown on the sketch attached to the letter (December 7, 2010) from Councillor Lindsay Luby.

Origin

(December 7, 2010) Letter from Councillor Gloria Lindsay Luby

Summary

Centre median islands are required for 7-21 Richgrove Drive to accommodate a northbound left-turn lane and prevent left turns exiting from a new driveway.

 

The City of Toronto Act, 2006, requires by-laws for the alteration of highways.  City Legal staff has advised that any alteration to a highway would require the passage of a by-law by City Council.

Background Information (Community Council)

(December 7, 2010) Communication from Councillor Gloria Lindsay Luby regarding centre median islands at 7-21 Richgrove Drive
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-34216.pdf
(December 7, 2010) Appendix A, Location Requiring a Highway Alteration By-law
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-34217.pdf
Location Sketch - Pavement Marking and Signage
https://www.toronto.ca/legdocs/mmis/2011/ey/bgrd/backgroundfile-34218.pdf

North York Community Council - Meeting 2

NY2.6 - 11, 11A, 15 & 17 Roslin Avenue - Ontario Municipal Board Hearing

Consideration Type:
ACTION
Ward:
25 - Don Valley West

Community Council Recommendations

North York Community Council recommends that:

 

1.         City Council authorize the City Solicitor and any relevant Staff to attend at all proceedings before the Ontario Municipal Board pertaining to the appeal of the Committee of Adjustment decision with respect to 11, 11A, 15 and 17 Roslin Avenue and to hire any consultants required to uphold the decision of the Committee of Adjustment.

Origin

(December 8, 2010) Memo from Councillor Jaye Robinson

Summary

On June 23, 2010, the North York panel of the Committee of Adjustment refused a variance application regarding 11, 11A, 15 & 17 Roslin Avenue to permit the division of four properties for the creation of six lots to facilitate a six unit freehold townhouse block.  The consent applications were made in conjunction with six applications for minor variances.  The applicant is seeking a density of 0.8 times the area of the lot (whereas 0.6 times the lot area is permitted) as well as additional variances including increased building depth, reduced lot frontage and an integral garage.

 

The applicant appealed the Committee of Adjustment decision to the Ontario Municipal Board and a hearing date has been set for January 12 and 13, 2011.

 

This request is made to authorize the City Solicitor to hire an outside planner and attend before the Ontario Municipal Board to oppose the application.

 

Background Information (Community Council)

(December 8, 2010) Memo from Councillor Robinson regarding Ontario Municipal Board Hearing on 11, 11A, 15 and 17 Roslin Avenue
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-34211.pdf
Attachments - Committee of Adjustment Decisions and Planning Staff Report regarding Committee of Adjustment Applications for 11, 11A, 15 and 17 Roslin Avenue
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-34219.pdf

NY2.8 - Final Report - Condominium and Part Lot Control Exemption Applications - 61, 65, 69, 71 Churchill Avenue and 2, 4, 6 Basswood Road

Consideration Type:
ACTION
Ward:
23 - Willowdale
Attention
Bill 46 has been submitted on this Item

Community Council Recommendations

North York Community Council recommends that:

 

1.         In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner intends to approve the Draft Plan of Common Elements Condominium, as generally illustrated on Attachment 1 to the report (July 27, 2010) from the Director, Community Planning, North York District, subject to:

 

a.         the conditions as generally listed in Attachment 2 to the report (July 27, 2010) from the Director, Community Planning, North York District, which except as otherwise noted must be fulfilled prior to the release of the plan of condominium for registration, and an additional condition being added to the list of conditions in Attachment 2 to the report (July 27, 2010) from the Director, Community Planning, North York District, as follows:

 

"(5)      That any damages to adjoining properties be rectified to the satisfaction of the Executive Director, Municipal Licensing and Standards Division, prior to the release of the Common Element Condominium for registration on title";  and

 

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

 

2.         City Council enact a Part Lot Control Exemption By-law with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor, and that such By-law shall expire two years after it has been enacted.

 

3.         City Council authorize the City Solicitor to introduce the necessary Bill provided that prior to the introduction of the Bill:

 

a.         the owner provides proof of payment to the satisfaction of the City Solicitor of all tax arrears and current property taxes for the subject site; and

 

b.         the owner of the subject lands has registered, satisfactory to the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or mortgage any part of the lands without the prior written consent of the Chief Planner or designate.

 

4.         City Council authorize and direct the appropriate City Officials to register the Part Lot Control Exemption By-law on title.

 

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction at such time as the Common Elements Condominium Plan has been registered.

Community Council Decision Advice and Other Information

North York Community Council held a statutory public meeting on August 17, 2010, and notice was given in accordance with the Planning Act. Two persons addressed the North York Community Council on August 17, 2010, which are listed under the section headed, "Speakers".

Origin

(July 27, 2010) Report from Director, Community Planning, North York District

Summary

These applications were made on March 17, 2010 and are subject to the new provisions of the Planning Act and the City of Toronto Act, 2006, which requires that a statutory public meeting be held for a Draft Plan of Common Element Condominium.

 

The application for a common elements condominium proposes a common driveway and a private parkette on lands known municipally as 61, 65, 69 and 71 Churchill Avenue and 2, 4 and 6 Basswood Road.  The common elements condominium is required to provide legal vehicular access to 30 three-storey residential townhouse units and to ensure shared ownership and maintenance of both the driveway and the parkette by the condominium corporation.

 

The requested exemption from the Part Lot Control provisions of the Planning Act is required in order to permit the creation of conveyable lots for the 6 residential townhouses along Basswood Road and the 30 residential lots fronting onto the common driveway.

 

This report reviews and recommends approval of the Draft Plan of Common Elements Condominium and approval of the application for Part Lot Control exemption. In addition, this report recommends that the owner of the lands be required to register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner or designate.

Background Information (Community Council)

(July 27, 2010) Staff Report and Attachments 1-3 - Final Report - 61, 65, 69, 71 Churchill Ave and 2, 4, 6 Basswood Rd
https://www.toronto.ca/legdocs/mmis/2011/ny/bgrd/backgroundfile-34264.pdf

Speakers

(August 17, 2010) Barry Waltman, Somerset Lane Estates Inc., on behalf of the applicant
(August 17, 2010) William Wong

Communications (Community Council)

(August 16, 2010) E-mail from William Wong (NY.New.NY2.8.1)
(December 9, 2010) Memo from Councillor Filion, Ward 23 - Willowdale (NY.New.NY2.8.2)
https://www.toronto.ca/legdocs/mmis/2011/ny/comm/communicationfile-18632.pdf

Scarborough Community Council - Meeting 2

SC2.1 - Designation of Fire Routes and Amendment to Chapter 880 - Fire Routes - 2030 - 2060 Ellesmere Road

Consideration Type:
ACTION
Ward:
38 - Scarborough Centre
Attention
Bill 53 has been submitted on this Item

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out in the report (October 12, 2010) from the Fire Chief, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 2030 - 2060 Ellesmere Road.

 

2.         City Council authorize the Fire Chief and City Solicitor to take the appropriate action to make a designated Fire Route.

Origin

(October 12, 2010) Report from Fire Chief, Toronto Fire Services

Summary

To obtain Council approval for the amendment of the Fire Route By-law to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended.

 

Fire Services uses designated fire routes as a key mechanism in regulating fire prevention, including the prevention of spreading of fires and the delivery of fire protection services.

Background Information (Community Council)

(October 12, 2010) Staff report and Attachment 1 - Fire Routes - 2030-2060 Ellesmere Road
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33749.pdf

SC2.2 - Assumption of Services - Brian Harrison Way Bionvest Investments Limited

Consideration Type:
ACTION
Ward:
38 - Scarborough Centre

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council assume the services installed for the above development and that the City formally assume the road within the development.

 

2.         City Council authorize the Legal Services Division to release the performance guarantee held with respect to this development.

 

3.         City Council direct that an assumption By-law be prepared to assume the public highways and municipal services in the above development.

 

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

 

5.         City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect thereto.

 

6.         City Council authorize the appropriate City officials to transfer ownership of the street lighting system constructed within this development to Toronto Hydro.

Origin

(November 19, 2010) Report from the City Solicitor

Summary

This report requests Council’s authority for the City to assume the services with respect to the above development.

Background Information (Community Council)

(November 19, 2010) Staff Report - Assumption of Services - Brian Harrison Way - Bionvest Investments Limited
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33967.pdf

SC2.3 - Assumption of Services - Spall Court Havendale Holdings Inc. Registered Plan of Subdivision 66M-2433

Consideration Type:
ACTION
Ward:
44 - Scarborough East

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council assume the services installed for Registered Plan 66M-2433 and that the City formally assume the roads within the Plan of Subdivision.

 

2.         City Council authorize the Legal Services Division to release the portion of the performance guarantee held with respect to this development Plan 66M-2433.

 

3.         City Council direct that an assumption By-law be prepared to assume the public highway and municipal services in Subdivision Plan 66M-2433.

 

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

 

5.         City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect thereto.

 

6.         City Council authorize the appropriate City officials to transfer ownership of the street lighting system constructed within Plan of Subdivision No. 66M-2433 to Toronto Hydro.

Origin

(November 19, 2010) Report from the City Solicitor

Summary

This report requests Council’s authority for the City to assume the services with respect to the above development.

 

Background Information (Community Council)

(November 19, 2010) Staff Report - Assumption of Services - Spall Court - Havendale Holdings Inc.
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33968.pdf

SC2.4 - Sale of 182 Aylesworth Avenue

Consideration Type:
ACTION
Ward:
36 - Scarborough Southwest

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council authorize the City to accept the Offer to Purchase from Dewan Mutaher and Farhana Ahmed to purchase the City-owned property, located at  182 Aylesworth Avenue, being Lots 162 and 163, Plan 1964, Toronto (the "Property") in the amount of $255,500.00 substantially on the terms and conditions outlined in Appendix "A".

 

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate Services severally to accept the Offer to Purchase on behalf of the City.

 

3.         City Council authorize that a portion of the proceeds of closing be directed to fund the outstanding expenses related to the Property and the completion of the sale transaction.

 

4.         City Council authorize the City Solicitor to complete the 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.

 

5.         City Council rescind that portion of Administration Committee Report No. 19 (30) adopted, as amended, by Council at its regular meeting held on October 3, 4 and 5, 2000 and its Special Meetings held on October 6, 10, 11 and 12, 2000 requesting the Commissioner of Community and Neighbourhood Services to submit a report to the Administration Committee on the appropriate action that should be taken to serve the City's interest when the specified tenant(s) vacate the properties.

 

6.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.

Origin

(November 22, 2010) Report from the Chief Corporate Officer

Summary

The purpose of this report is to obtain approval for the sale of the City-owned property at 182 Aylesworth Avenue.

 

The property was listed for sale on the open market, and the Offer to Purchase from

Dewan Mutaher and Farhana Ahmed is being recommended for acceptance by the City.

 

The terms for completing the transaction as set out herein are considered to be fair, reasonable and reflective of market value.

Background Information (Community Council)

(November 22, 2010) Staff Report - Sale of 182 Aylesworth Avenue
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33982.pdf
Appendix A to Staff Report - Sale of 182 Aylesworth Avenue
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33983.pdf
Appendix B to Staff Report - Sale of 182 Aylesworth Avenue
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33984.pdf

SC2.5 - Left-Turning Prohibitions and Right-Turning Prohibitions at the Intersection of Steeles Avenue East at Staines Road

Consideration Type:
ACTION
Ward:
42 - Scarborough-Rouge River
Attention
Bill 48 has been submitted on this Item

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council rescind all turn prohibitions at the intersection of Steeles Avenue East and Staines Road.

 

2.         City Council pass or amend the appropriate by-law(s) accordingly.

 

Origin

(November 23, 2010) Letter from Councillor Raymond Cho

Summary

Letter from Councillor Cho requesting that all turn prohibitions at the intersection of Steeles Avenue East and Staines Road be rescinded.

Background Information (Community Council)

(November 23, 2010) Letter from Councillor Cho - Left-Turning Prohibitions and Right-Turning Prohibitions at Intersection of Steeles Avenue East at Staines Road
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-33981.pdf

SC2.7 - 3010 McCowan Road - Official Plan Amendment, Rezoning and Draft Plan of Subdivision Applications - Refusal Report

Consideration Type:
ACTION
Ward:
41 - Scarborough-Rouge River

Community Council Recommendations

Scarborough Community Council recommends that:

 

1.         City Council refuse the applications for Official Plan Amendment, Rezoning and Draft Plan of Subdivision at 3010 McCowan Road, for the following reasons:

 

            a.         the proposal conflicts with the Growth Plan for the Greater Golden Horseshoe;

 

b.        the proposal is inconsistent with the Provincial Policy Statement;

 

c.         the proposal does not conform to the Official Plan and the proposed redesignation does not represent good planning;

 

d.         the proposal is inconsistent with Council-approved guidelines/policies such as: the policy of prudent avoidance to reduce childhood exposure to electromagnetic fields in and adjacent to hydro corridors, and the Urban Design Guidelines for Infill Townhouses; and

 

e.         the proposal does not provide for appropriate development.

 

2.         City Council authorize the City Solicitor and City staff to appear before the Ontario Municipal Board (OMB) in support of City Council’s decision to refuse these applications, in the event that the applications are appealed to the OMB.

Origin

(November 22, 2010) Report from the Director, Community Planning, Scarborough District

Summary

This application was made after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

 

These applications propose an affordable housing development consisting of 25 townhouses with frontage on a proposed public street that would extend westward from McCowan Road.  The development scheme proposes a public park at the westerly portion of the lands.  The subject lands are vacant and privately owned.  These lands are situated between the transmission lines contained within the Finch Hydro Corridor that extends throughout most of the northern portion of the City.  The subject lands are known municipally as 3010 McCowan Road.

 

The proposed residential development is located on lands designated in the Official Plan for utility corridor purposes, with site specific uses which are considered compatible within the context of the Hydro Corridor.  These lands are not located within an area contemplated for residential redevelopment or intensification by the Official Plan, Provincial Policy Statement (PPS), or the Growth Plan for the Greater Golden Horseshoe.  The proposal represents a development scheme that does not conform to Official Plan policies or City policies and guidelines for infill residential development.

 

While details of these applications are in a preliminary stage, planning staff consider the proposal inappropriate given the nature of the proposed residential and park uses, and the location and context of the subject lands.  This report reviews and recommends refusal of the applications to amend the Official Plan and Zoning By-law and to refuse the draft plan of subdivision application.

Background Information (Community Council)

(November 22, 2010) Staff Report - 3010 McCowan Road - Refusal Report (including corrected page 10)
https://www.toronto.ca/legdocs/mmis/2011/sc/bgrd/backgroundfile-34006.pdf

Speakers

Lloyd Cherniak, The Wolf Lebovic Charitable Foundation and The Joseph Lebovic Charitable Foundation

Communications (Community Council)

(December 7, 2010) E-mail from Vincent Ngai (SC.New.SC2.7.1)

Toronto and East York Community Council - Meeting 2

TE2.2 - Supplementary Report - 2 True Davidson Drive - Official Plan Amendment, Rezoning, Site Plan Control Applications

Consideration Type:
ACTION
Ward:
29 - Toronto-Danforth

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor to attend at the Ontario Municipal Board hearing in opposition to the Official Plan Amendment, Rezoning and Site Plan Control applications related to 2 True Davidson Drive, and to retain any necessary consultants.

 

2.         City Council direct the City Solicitor to advise the applicant of the City's willingness to enter into a mediation process to be participated in by community representatives, the applicant, the Ward Councillor, the Toronto and Region Conservation Authority, the Director of Community Planning, Toronto and East York District, and appropriate departments and agencies, the mediation to be led by a mediator acceptable to the applicant, the Ward Councillor and the Director of Community Planning, Toronto and East York District, with the cost of such mediation to be paid by the City.

 

3.         If a potential settlement is reached through the mediation process, City Council direct the City Solicitor to report to City Council for further instructions and request the applicant and the Ontario Municipal Board to adjourn the hearing, which is currently scheduled to commence on February 8, 2011, so as to facilitate the settlement.

Origin

(November 23, 2010) Report from the Director, Community Planning, Toronto and East York District

Summary

At its meeting of August 25, 26 and 27, 2010, City Council considered a Direction Report from the Director, Community Planning, Toronto and East York District dated July 29, 2010, as well as a Supplementary Report from the City Solicitor and the Chief Planner and Executive Director, City Planning Division, dated August 24, 2010 in connection with appeals related to 2 True Davidson Drive.

 

City Council received the August 24, 2010 report, and directed the City Solicitor to request an adjournment of the Ontario Municipal Board hearing scheduled for October 25-28, 2010, to a date in 2011, in order to permit community consultation.  City Council also requested the Chief Planner and Executive Director, City Planning to convene an information meeting with the Governor's Bridge Community on the development applications, prior to September 30, 2010.

 

This report provides details on the adjournment request of the Ontario Municipal Board hearing, the information meeting held with the Governor’s Bridge Community, and seeks final direction with respect to the pending appeals.

Background Information (Community Council)

(November 23, 2010) Supplementary Report from the Director, Community Planning, Toronto and East York District - 2 True Davidson Drive - Official Plan Amendment
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34012.pdf

Speakers

Leonard Kunka (Submission Filed)

Communications (Community Council)

(December 10, 2010) Petition from Leonard Kunka, submitting a petition signed by approximately 74 individuals in opposition to the rezoning (TE.New.TE2.2.1)

TE2.3 - Condominium Application - 2 Ridelle Avenue

Consideration Type:
ACTION
Ward:
21 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council reissue the Draft Plan of Condominium approval for 2 Ridelle Avenue with the conditions that were approved at the City Council meeting of October 23, 2007, with the following changes, the reissued conditions to be substantially as set out in Attachment 1 to the report dated November 17, 2010, from the Director, Community Planning, Toronto and East York District:

 

            a.         The conditions of draft condominium approval be satisfied by October 23, 2011.

Origin

(November 17, 2010) Report from the Director, Community Planning, Toronto and East York District

Summary

This application involves the conversion of a 44-unit residential co-ownership building at 2 Ridelle Avenue to condominium.  The associated Official Plan Amendment was enacted by City Council on October 23, 2007. Draft Plan approval was granted by the City in 2008. The three-year time limit to register the condominium has lapsed as of October 23, 2010, and it is recommended that the approval be reissued to permit fulfilment of the conditions of draft plan approval and registration of the condominium within a one year period ending October 23, 2011. As the deadline has lapsed, the consideration of this report is an urgent matter.

Background Information (Community Council)

(November 17, 2010) Report from the Director, Community Planning, Toronto and East York District - 2 Ridelle Avenue - Condominium Application
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34013.pdf

TE2.4 - Condominium Application - 1 Clarendon Avenue

Consideration Type:
ACTION
Ward:
22 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council reissue the Draft Plan of Condominium approval for 1 Clarendon Avenue with the conditions that were approved at the City Council meeting of November 20, 2007, with the following change, as set out in Attachment 1 to this report:

 

a.         The conditions of draft condominium approval be satisfied and the condominium be registered by November 20, 2013, unless an extension is granted by the City pursuant to Section 51(33) of the Planning Act.

Origin

(December 6, 2010) Report from the Director, Community Planning, Toronto and East York District

Summary

This application involves the conversion of a 40-unit rental residential apartment building at 1 Clarendon Avenue to condominium. The three-year time limit to register the condominium lapsed on November 20, 2010. It is recommended that the draft condominium approval be re-issued to allow a further three years in order to permit the fulfilment of the conditions of Draft Plan approval and registration of the condominium.

Background Information (Community Council)

(December 6, 2010) Revised Report from the Director, Community Planning, Toronto and East York District - 1 Clarendon Avenue - Condominium Application
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34014.pdf

TE2.9 - Ontario Municipal Board Hearing - 32 Glenayr Road

Consideration Type:
ACTION
Ward:
21 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor to hire outside planning staff to uphold the Committee of Adjustment refusal regarding the 32 Glenayr Road application at the Ontario Municipal Board hearing.

Origin

(November 23, 2010) Letter from Councillor Joe Mihevc, Ward 21, St. Paul's West

Summary

The Toronto and East York Committee of Adjustment refused an application for variances regarding 32 Glenayr Road. The owner of 32 Glenayr Road has appealed the Committee of Adjustment decision to the Ontario Municipal Board and a hearing date has been set for January 10, 2011. The Committee of Adjustment's decision notice is attached.

 

The density of the proposed building – .84 times the area of the lot (.35 is permitted) – is simply far too great, well above other densities in the neighbourhood, and would set a dangerous precedent should it be approved. The issue of “Monster Homes” is becoming increasingly concerning to residents and myself as these types of applications are being made more frequently in this neighbourhood. The increasing pressure by developers to build massive homes with little to no lot setbacks and increased height is slowly eroding the character of these neighbourhoods.

 

I believe the Committee of Adjustment made the right decision in rejecting the application. The density and impacts on neighbours are out of line with character of the Forest Hill neighbourhood.

Background Information (Community Council)

(November 23, 2010) Letter from Councillor Mihevc - 32 Glenayr Road - OMB Hearing
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34019.pdf
(August 25, 2010) Attachment - Committee of Adjustment Notice of Decision - 32 Glenayr Road
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34020.pdf

TE2.10 - Ontario Municipal Board Hearing - 310 Rosemary Road

Consideration Type:
ACTION
Ward:
21 - St. Paul's

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor and City Planning staff to explore with the appellant/owner of 310 Rosemary Road revisions to the proposed house that would address the concerns described in the letter dated November 23, 2010, from Councillor Mihevc, and, if satisfactory revisions are achieved, agree to terms of settlement in consultation with the Ward Councillor, failing which staff be directed to support the Committee of Adjustment refusal decision.

Origin

(November 23, 2010) Letter from Councillor Joe Mihevc, Ward 21, St. Paul's West

Summary

The Toronto and East York Committee of Adjustment refused an application for variances regarding 310 Rosemary Road. Community Planning also wrote to the Committee of Adjustment in opposition to the application. The owner of 310 Rosemary Road has appealed the Committee of Adjustment decision to the Ontario Municipal Board and a hearing date has been set tentatively for January 19, 2011. The Committee of Adjustment's decision notice and Community Planning's letter of opposition to this application are attached.

 

The 310 Rosemary Road application presents many concerns because of the 10 variances requested, including a below grade reverse slope driveway, which are consistently opposed by the City, increase height, setbacks and an increase of floor space index from .6 to .825 times the area of the lot. The proposed building will be out of keeping with the surrounding established neighbourhood. This proposal is part of an increasing trend to build "Monster Homes" that is slowly eroding the character of the neighbourhood.

Background Information (Community Council)

(November 23, 2010) Letter from Councillor Mihevc - 310 Rosemary Road - OMB Hearing
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34021.pdf
(September 22, 2010) Attachment 1 - Committee of Adjustment Notice of Decision - 310 Rosemary Road
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34022.pdf
(September 14, 2010) Attachment 2 - Report from the Director, Community Planning, Toronto and East York District, to the Committee of Adjustment, Toronto and East York District - 310 Rosemary Road
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34023.pdf

TE2.11 - Amendment to City of Toronto Municipal Code Chapter 925, Permit Parking - Broadview Avenue Between Fairview Boulevard and Simpson Avenue, and Between Dundas Street East and Eastern Avenue - Removal of Permit Parking

Consideration Type:
ACTION
Ward:
30 - Toronto-Danforth

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Clerk to place a Public Notice in a major newspaper prior to rescinding permit parking on Broadview Avenue, between Fairview Boulevard and Simpson Avenue and between Dundas Street East and Eastern Avenue.

 

2.         Subject to a confirmation from the City Clerk to the General Manager of Transportation Services that there are no objections to rescinding on-street parking, City Council direct that Toronto Municipal Code Chapter 925, Permit Parking, be amended by deleting on-street permit parking on Broadview Avenue, between Fairview Boulevard and Simpson Avenue and between Dundas Street East and Eastern Avenue.

Origin

(December 9, 2010) Member Motion from Councillor Paula Fletcher, Ward 30, Toronto-Danforth

Summary

It is requested that overnight on-street permit parking on Broadview Avenue, between Fairview Boulevard and Simpson Avenue and between Dundas Street East and Eastern Avenue, be rescinded. In accordance with City of Toronto, Municipal Code Chapter 925, Permit Parking, prior to rescinding on-street permit parking the City Clerk must place a Public Notice in a major newspaper.

 

Should the City Clerk report that there are no objections, Municipal Code Chapter 925, Permit Parking, can be amended by rescinding on street parking on Broadview Avenue, between Fairview Boulevard and Simpson Avenue and between Dundas Street East and Eastern Avenue.  However, should objections be received, Transportation staff will report back to Toronto and East York Community Council.

 

For the Committee's information, Broadview Avenue, between Fairview Boulevard and Simpson Avenue and between Dundas Street East and Eastern Avenue is a TTC route, therefore Community Council does not have the delegated authority to deal with this matter and it must be referred to City Council to make a final decision.

Background Information (Community Council)

(December 9, 2010) Member Motion from Councillor Paula Fletcher - Removal of Permit Parking - Broadview Avenue, Between Fairview Boulevard and Simpson Avenue and Dundas Street East and Eastern Avenue
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34249.pdf

TE2.12 - Liquor Licence - 17 Fort York Boulevard - The Fox and Fiddle

Consideration Type:
ACTION
Ward:
20 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (the “AGCO”) that the issuance of a liquor licence for the Fox and Fiddle at 17 Fort York Boulevard (the “Premises”), is not in the public interest having regard to the needs and wishes of the residents and that the Registrar should issue a Proposal to Review the liquor licence application.

 

2.         City Council request AGCO to provide the City of Toronto with an opportunity to be made a party to any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address the issues as set out in the letter dated December 9, 2010, from Councillor Adam Vaughan, including but not limited to noise, safety, signage, lighting and litter.

Community Council Decision Advice and Other Information

The Toronto and East York Community Council requested Councillor Vaughan to forward to Members of Council a copy of the conditions to be applied to any liquor licence issued for The Fox and Fiddle at 17 Fort York Boulevard.

Origin

(December 9, 2010) Letter from Councillor Adam Vaughan, Ward 20, Trinity-Spadina

Summary

An application for a new liquor licence has been made for an establishment to be located at the base of an existing residential building located at 17 Fort York Boulevard to be operated under the name of “The Fox and Fiddle” (the “Premises”, AGCO File 814696). This Motion requests that Toronto and East York Community Council recommend that City Council advise the Alcohol and Gaming Commission of Ontario (the “AGCO”) that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the local residents, are attached to the licence.

 

As this establishment is to be located in the base of a 42-storey residential condominium building, there is some concern that it may cause noise and other disturbance to residents in the area and the condominium in which it is located. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

Background Information (Community Council)

(December 9, 2010) Letter from Councillor Vaughan - Liquor Licence - 17 Fort York Boulevard - The Fox and Fiddle
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34262.pdf

TE2.13 - Liquor Licence - 128 Peter Street - Abode Lounge

Consideration Type:
ACTION
Ward:
20 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (the “AGCO”) that the issuance of a liquor licence for the Abode Lounge at 128 Peter Street (the “Premises”), is not in the public interest having regard to the needs and wishes of the residents and that the Registrar should issue a Proposal to Review the liquor licence application.

 

2.         City Council request the AGCO to provide the City of Toronto with an opportunity to be made a party to any proceedings with respect to the Premises.

 

3.         City Council authorize the City Solicitor to attend all proceedings before the AGCO in this matter and be directed to take all necessary actions so as to give effect to this motion, including adding conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address the issues as set out in the letter dated December 9, 2010, from Councillor Vaughan, including but not limited to noise, safety, signage, lighting and litter.

Origin

(December 9, 2010) Letter from Councillor Adam Vaughan, Ward 20, Trinity-Spadina

Summary

An application for a new liquor licence has been made for the premises at 128 Peter Street, to be operated under the name of “Abode Lounge” (the “Premises”). This Motion requests that Toronto and East York Community Council recommend that City Council advise the Alcohol and Gaming Commission of Ontario (the “AGCO”) that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

 

This proposed establishment may have a capacity of up to 470 people. It is located in close proximity to residential units. The Premises has been operating by way of Special Occasion Permits in the course of the last year, and there have been complaints related to noise and litter from the immediate neighbours of the Premises. There are concerns in the community that the proposed club will cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

Background Information (Community Council)

(December 9, 2010) Letter from Councillor Vaughan - Liquor Licence - 128 Peter Street, Abode Lounge
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34263.pdf

TE2.15 - 288A, 290 and 294 Adelaide Street West - Proposed 36-Storey Mixed-Use Building

Consideration Type:
ACTION
Ward:
20 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Clerk to provide notice of a statutory public meeting for the property municipally known as 288A, 290 and 294 Adelaide Street West to be scheduled for the January 18, 2011 meeting of the Toronto and East York Community Council, as per the requirements of the Planning Act.

 

2.         City Council direct the Chief Planner and Executive Director, City Planning to submit to the January 18, 2011 meeting of the Toronto and East York Community Council a Final Report for 288A, 290 and 294 Adelaide Street West, which includes an implementing Zoning By-law and Section 37 Agreement securing both the proposed design, as well as the contribution of $2 million towards John Street streetscape improvements and local parks.

Origin

(December 10, 2010) Member Motion from Councillor Adam Vaughan, Ward 20, Trinity-Spadina

Summary

The applicant filed the Zoning By-law Amendment application on December 18, 2009 for a 36-storey mixed-use building containing 282 residential units and 17 live-work units at a height of 122.0 metres.

 

The applicant attended a community consultation meeting to review the proposed development on January 19, 2010.

 

Toronto and East York Community Council, at its meeting on August 17, 2010, adopted a motion to defer consideration of the staff report dated July 20, 2010, until its meeting to be held in January 2011.

 

Toronto and East York Community Council, at its meeting of January 18, 2011, will consider in respect of the application for rezoning to permit the development of a 36-storey mixed-use building with a maximum total of 281 dwelling units.

 

Further to an extensive consultation process over the past year, which included input from the community and the local Councillor, the applicant made revisions to the design which included the work-loft units being replaced with office space, a wood canopy was added to differentiate the residential entry, the commercial elevator setback from the property line was increased by an additional 6.0 metres to 7.8 metres, the south setbacks were increased within the podium, "notched-out" areas were included for the upper portions of the southeast and southwest corners to create localized setbacks from the south property line, and the garage door providing access to the parking garage was setback from the property line to maximize view to the at-grade retail.

Background Information (Community Council)

(December 10, 2010) Member Motion from Councillor Vaughan - 288A, 290 and 294 Adelaide Street West - Proposed 36-Storey Mixed-Use Building
https://www.toronto.ca/legdocs/mmis/2011/te/bgrd/backgroundfile-34278.pdf

City Council - New Business - Meeting 2

CC2.1 - A Duty to Care: An Investigation into Municipal Licensing and Standardsí Treatment of a Resident with Dementia

Consideration Type:
ACTION
Wards:
All

Origin

(November 30, 2010) Report from the Ombudsman

Recommendations

The Ombudsman recommends that:

 

1.         City Council receive for information only, the Investigation Report titled, “A Duty to Care: An Investigation into Municipal Licensing and Standards' Treatment of a Resident with Dementia.”

Summary

In accordance with section 170 (2) of the City of Toronto Act 2006 (COTA), I am writing to inform you that the attached report represents a concluded investigation into a complaint about the Municipal Licensing and Standards division’s enforcement practices and actions concerning a resident with dementia.

Background Information

(November 30, 2010) Covering Report from the Ombudsman on MLS Treatment of a Resident with Dementia (CC2.1)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34281.pdf
(November 30, 2010) Investigation Report from the Ombudsman about MLS Treatment of a Resident with Dementia (CC2.1)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34282.pdf

CC2.2 - Rogers Centre Suite 311 and Blue Jays Season Tickets

Consideration Type:
ACTION
Wards:
All

Origin

(December 8, 2010) Report from the City Clerk

Recommendations

The City Clerk recommends that:

 

1.         City Council adopt Option A or Option B with regards to Suite 311 at the Rogers Centre:

 

Option A

That the City of Toronto terminate the lease to Suite 311 at the Rogers Centre, effective March 31, 2011.

 

Option B

That the City of Toronto not purchase 16 Blue Jays season tickets for Suite 311 for the 2011 baseball season.

Summary

The City of Toronto has a lease for Suite 311 at the Rogers Centre which requires the purchase of Blue Jays season tickets. City Council has previously voted not to purchase Blue Jays home games tickets for the 2008, 2009 and 2010 baseball seasons.

 

City Council can continue deciding every year not to purchase Blue Jays season tickets for four more years before the lease is deemed terminated. Alternatively, Council can choose to terminate the lease effective March 31, 2011.

 

This report seeks Council direction with regard to Suite 311 at the Rogers Centre. City Council can choose to terminate the lease to Suite 311 altogether, or just to not purchase Blue Jays season tickets for the 2011 baseball season.

Background Information

(December 8, 2010) report from the City Clerk on Rogers Centre Suite 311 and Blue Jays Seasons Tickets (CC2.2)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34284.pdf

CC2.3 - Toronto-York Spadina Subway Extension Project (South of Steeles): Acquisitions for Finch West Subway Station

Consideration Type:
ACTION
Ward:
8 - York West

Origin

(December 10, 2010) Report from the City Solicitor

Recommendations

The City Solicitor recommends that:

 

1.         City Council authorize the Director of Real Estate Services to negotiate to acquire interests in parts of the properties municipally known as 1 Four Winds Drive, 3926-3932 Keele Street, 3940 Keele Street, 44-46 Romfield Drive and 1280-1300 Finch Avenue West as set out in Appendix "A", in connection with the construction of a portion of the Toronto-York Spadina Subway Extension, and to re-initiate expropriation proceedings, if necessary.

 

2.         City Council authorize the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate interests in parts of 1 Four Winds Drive, 3926-3932 Keele Street, 3940 Keele Street, 44-46 Romfield Drive and 1280-1300 Finch Avenue West and to forward any requests for hearings that are received to the Chief Inquiry Officer, to attend any hearings in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to City Council for its consideration.

 

3.         City Council authorize the appropriate City officials to report directly to Council in the event any further authorizations are required.

Summary

The City of Toronto is responsible for undertaking property acquisition for its geographical portion of the Toronto-York Spadina Subway Extension Project (the “Project”).  This report seeks authority to acquire property interests in parts of 1 Four Winds Drive, 3926-3932 Keele Street, 3940 Keele Street, 44-46 Romfield Drive and 1280-1300 Finch Avenue West.

Background Information

(December 10, 2010) report from the City Solicitor on Acquisitions for Finch Avenue West Subway Station (CC2.3)
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34285.pdf
(December 10, 2010) Appendix A - Property Requirements to be Expropriated
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34286.pdf
(December 10, 2010) Appendix B - Map of Finch West Station Properties
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34287.pdf
(December 10, 2010) Appendix C1 - Real Estate Acquisitions
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34288.pdf
(December 10, 2010) Appendix C2 - Real Estate Acquisitions
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34289.pdf
(December 10, 2010) Appendix C3 - Real Estate Acquisitions
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34290.pdf
(December 10, 2010) Appendix C4 - Real Estate Acquisitions
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34291.pdf
(December 10, 2010) Appendix C5 - Real Estate Acquisitions
https://www.toronto.ca/legdocs/mmis/2011/cc/bgrd/backgroundfile-34292.pdf

City Council - Member Motions - Meeting 2

MM2.1 - Policy Regarding False Fire Alarms - by Councillor Gloria Lindsay Luby, seconded by Councillor John Parker

Notice of Motion
Consideration Type:
ACTION
Wards:
All
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Licensing and Standards Committee. A two thirds vote is required to waive referral.

Recommendations

Councillor Gloria Lindsay Luby, seconded by Councillor John Parker, recommends that:

 

 1.         City Council request the City Clerk to give notice that Toronto City Council intends to amend Appendix B - Schedule 1, Fire Services of Chapter 441, Fees, of the Toronto Municipal Code to charge fees for the City's response to the second and subsequent Nuisance False Alarm per municipal address per 12 month period.

 

2.         City Council direct the Licensing and Standards Committee to consider this matter at its January 21, 2010 meeting.

 

3.         City Council request Toronto Fire Services to work with and educate owners and residents of all condominiums, apartments, single-family homes and businesses to prevent false fire alarms.  

Summary

In Spring 2010, on the advice of the Fire Chief, City Council amended the False Fire Alarms Policy so that residents would no longer be given an exemption to false fire alarm fees.

 

Prior to that time, residents were given one exemption per year.  This worked well because it gave fire alarm subscribers a warning that they must get their fire alarm in good working order to prevent future false fire alarms. 

 

Removing the exemption has caused considerable harm to residents, especially to single family homes where a false fire alarm will cost them over $1,000.  As a result, homeowners are deactivating their alarms.  This action could put their property and the properties of the entire neighbourhood at risk.

 

(Submitted to City Council on December 16, 2010 as MM2.1)

Background Information

Revised Member Motion MM2.1
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34293.pdf
(December 16, 2010) Financial Impact Statement from the Deputy City Manager and Chief Financial Officer
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34618.pdf

MM2.2 - Preservation of the Hearn Generating Station at 440 Unwin Avenue - by Councillor Paula Fletcher, seconded by Councillor Adam Vaughan

Notice of Motion
Consideration Type:
ACTION
Ward:
30 - Toronto-Danforth
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Toronto and East York Community Council. A two thirds vote is required to waive referral.
This Motion has been deemed urgent.

Recommendations

Councillor Paula Fletcher, seconded by Councillor Adam Vaughan, recommends that:

 

1.         City Council reaffirm the City's interest in the protection and preservation of the Hearn Generating Station and that the City wishes to be consulted as part of the review process in accordance with the Standards and Guidelines for Conservation of Provincial Heritage Properties.

 

2.         City Council request the Ontario Power Generation (OPG) that prior to exercising its right to demolish the property, a public meeting be held and that OPG consult with the Ward Councillor, the Chief Planner, the Manager of Heritage Preservation Services, the General Manager of Economic Development and Culture and Waterfront Toronto with respect to alternatives to demolition of this significant heritage property.

Summary

At its meeting held on May 21, 22 and 23, 2003, Toronto City Council recommended that the Hearn Generating Station, which is owned by Ontario Power Generation (OPG) be added to the City's Inventory of Heritage Properties as a significant heritage resource for architectural and contextual reasons. However, provincial heritage properties and prescribed public bodies, including OPG, are exempt from designation by the City.

 

In July 2010 the Province established its Standards and Guidelines for Conservation of Provincial Heritage Properties for the identification, maintenance, protection, conservation, use and disposal of provincial heritage properties which stress the importance of consultation with interested communities and groups when making decisions about provincial heritage property.

 

These new standards and guidelines provide that demolition or removal be considered only as a last resort after all other alternatives have been considered and subject to heritage impact assessment and public engagement.

 

On August 18, 2010 OPG applied to the City for a permit to demolish the former Hearn Generating Station. The application complies with all applicable law and therefore the City, by law, has had to issue a demolition permit.

 

(Submitted to City Council on December 16, 2010 as MM2.2)

Background Information

Member Motion MM2.2
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34294.pdf

MM2.3 - Congratulations to Joseph Daniel Votto - by Councillor Mark Grimes, seconded by Deputy Mayor Doug Holyday

Notice of Motion
Consideration Type:
ACTION
Wards:
All
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Etobicoke York Community Council. A two thirds vote is required to waive referral.

Recommendations

Councillor Mark Grimes, seconded by Deputy Mayor Doug Holyday, recommends that:

 

1.         Toronto City Council congratulate Joseph Daniel Votto for his achievement as the National Baseball League’s Most Valuable Player recipient of the League’s Hank Aaron Award for the 2010 season, recipient of the 2010 Canadian Baseball Hall of Fame Tip O'Neill Award, and recipient of the 2010  Lou Marsh Memorial Trophy.

Summary

Joey Votto is the hard-hitting first baseman for the Cincinnati Reds whom he led to the National League World Series Playoffs this year.  His achievement carries the distinction to be named as winner of the Hank Aaron Award which accompanies this annual major league ritual.

 

The selection and award is decided by vote of the members of the Major League Baseball Writers’ Association to recognize one player above all others judged to be “most valuable” to his team.  Mr. Votto’s statistics for the season include a 3.24 batting average; 113 runs batted in; 106 runs scored; topped off with 37 home runs to lead his team in all hitting categories.

 

Joey Votto has also been named Canada's Top Baseball Player in 2010. On December 10, Mr. Votto was named the winner of this year's Tip O'Neill Award from the Canadian Baseball Hall of Fame. The award is given to the Canadian Baseball player "judged to have excelled in individual achievement and team contribution while adhering to the highest ideals of the game of baseball. The award is named for Canadian Baseball Hall of Fame member   James 'Tip" O'Neill.

 

On December 14, 2010 Mr. Votto was named winner of the 2010 Lou Marsh Memorial Trophy, awarded annually to Canada's top athlete, professional or amateur. The honour — decided by a panel of Canadian sports editors, reporters and broadcasters — is given annually to Canada's outstanding athlete by the Toronto Star. It is named in honour of Lou Marsh, a prominent Canadian athlete, referee, and former sports editor of the Toronto Star.

 

Votto, born in the former City of Etobicoke, is a graduate of Richview Collegiate and a proud product of the Etobicoke Minor Baseball League.  Most of his youthful exploits took place in Connorvale Park located in the Alderwood section of Etobicoke as he worked his way up the ladder to be drafted by Cincinnati.  He then perfected his skills in their farm team system and arrived in the Major Leagues as an accomplished professional player.  He is a most worthy recipient early in his career of this acknowledgement of his baseball prowess.

 

He was also a key member of the Canadian team in the 2009 World Baseball Classic.

 

(Submitted to City Council on December 16, 2010 as MM2.3)

Background Information

Revised Member Motion MM2.3
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34295.pdf

MM2.4 - City of Toronto Support for the Highway of Heroes Coin - by Deputy Mayor Doug Holyday, seconded by Councillor Frances Nunziata

Notice of Motion
Consideration Type:
ACTION
Wards:
All
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Executive Committee. A two thirds vote is required to waive referral.

Recommendations

Deputy Mayor Doug Holyday, seconded by Councillor Frances Nunziata, recommends that:

 

1.         Toronto City Council endorse and support the Municipality of Trent Hills in its efforts to have the Royal Canadian Mint produce a coin designed to honour our fallen Canadian soldiers.

Summary

The Highway of Heroes is a remarkable venue for Canadians to pay tribute to our fallen soldiers.  The Highway plays a significant role in honouring our soldiers and is an important component of Canadian culture.

 

The Municipality of Trent Hills is asking all Canadian municipal councils to endorse the production of a Canadian coin depicting an image of Canadians honouring our fallen soldiers from bridges that span the Highway of Heroes.

 

(Submitted to City Council on December 16, 2010 as MM2.4)

Background Information

Member Motion MM2.4
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34296.pdf

MM2.5 - A-frame Sign By-law Amendment - by Councillor Adam Vaughan, seconded by Councillor Mike Layton

Notice of Motion
Consideration Type:
ACTION
Ward:
20 - Trinity-Spadina
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Licensing and Standards Committee. A two thirds vote is required to waive referral.

Recommendations

Councillor Adam Vaughan, seconded by Councillor Mike Layton, recommends that:

 

1.         City Council request Right-of-Way Management and Municipal Licensing and Standards staff to immediately suspend enforcement of the A‑Frame Sign By-law (Chapter 693-18 of the Toronto Municipal Code) in the area of special significance identified as "Chinatown" in the Citywide Sign By-law, and to also suspend enforcement in the Queen Street West Heritage Conservation District.

 

2.         City Council instruct Municipal Licensing and Standards staff, in consultation with Transportation staff, to consult with the Chinatown BIA and the Queen Street West BIA, the local Councillor and other stakeholders, including the City’s Pedestrian Committee on new guidelines for A-Frame signs that reflect the heritage and unique nature and sidewalk dimensions of these two business districts, while protecting the integrity of the public right of way.

Summary

The current provisions of Toronto Municipal Code, Chapter 693, ARTICLE III 693-18. Portable signs; A-frame signs do not recognize long-standing business and built form conditions in two distinct districts.  In particular the one-size fits all by-law does not recognize the unique heritage of Chinatown and the exemptions recently granted to the district under the City’s new harmonized sign by-law. The Queen Street Heritage Conservation District also has a unique approach to signage and public realm design. These two districts also have significantly different sidewalk dimensions.

 

(Submitted to City Council on December 16, 2010 as MM2.5 )

Background Information

Revised Member Motion MM2.5
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34297.pdf

MM2.6 - 257 and 259 Oakwood - Ontario Municipal Board Hearing - by Councillor Cesar Palacio, seconded by Councillor Sarah Doucette

Notice of Motion
Consideration Type:
ACTION
Ward:
17 - Davenport
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Etobicoke York Community Council. A two thirds vote is required to waive referral.
This Motion relates to an Ontario Municipal Board Hearing and has been deemed urgent.

Recommendations

Councillor Cesar Palacio, seconded by Councillor Sarah Doucette recommends that:

 

1.         City Council authorize the Chief Planner and Executive Director, City Planning and the City Solicitor to attend the Ontario Municipal Board appeal hearing in support of the  Committee of Adjustment refusal decision with respect to File Numbers B48/09EYK in addition to A331/09EYK and A332/09K.

Summary

At the City Council meeting held on July 6, 7 and 8, 2010, Council adopted the Etobicoke York Community Council recommendation in Item EY38.44, authorizing the Chief Planner and Executive Director, City Planning and the City Solicitor to attend the Ontario Municipal Board hearing in support of the Etobicoke York Committee of Adjustment refusal decision with respect to Variance A331/09EYK and A33209K.  In addition to the variances sought by the applicant, an application was made to sever the property into two undersized residential lots and to create rights-of-way between the subject lots for parking and access purposes.  Reference to the consent application was inadvertently omitted from Item EY38.44.

 

This Motion is made to authorize the Chief Planner and the Executive Director, City Planning and the City Solicitor to attend the Ontario Municipal Board to uphold the decision of the Etobicoke York Committee of Adjustment with respect to File Numbers B48/09EYK in addition to A331/09EYK and A332/09K.

 

(Submitted to City Council on December 16, 2010 as MM2.6)

Background Information

Member Motion MM2.6
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34298.pdf
Committee of Adjustment Decision on 259 Oakwood Avenue
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34299.pdf

MM2.7 - Request for Apology for the media article 'Too Asian?' - by Councillor Mike Layton, seconded by Councillor Kristyn Wong-Tam

Notice of Motion
Consideration Type:
ACTION
Wards:
All
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Executive Committee. A two thirds vote is required to waive referral.

Communications MM2.7.1 to MM2.7.9 have been submitted on this Item.

Recommendations

Councillor Mike Layton, seconded by Councillor Kristyn Tam-Wong recommends that:

 

1.         Toronto City Council disassociate itself from the views expressed by Maclean's in its article entitled "Too Asian?" and request that MacLean's apologize unreservedly for the negative stereotyping of the Asian-Canadian community.

 

2.         City Council request the City Clerk to advise Maclean's Magazine of this decision in writing.

Summary

The City of Toronto has taken a leadership role in working towards building a society in which everyone has the right to live in conditions of dignity, respect and peace.  Toronto is a community in which our residents come from over 200 countries, about half of whom were born outside of Canada, with Asia being the largest source of immigration to our city.  The City of Toronto respects and values the diversity among our residents which is reflected in the motto, "Diversity Our Strength".

 

The November 22, 2010 issue of Maclean's Magazine (Volume 123, Issue 45) includes an article, entitled "Too Asian" which suggests that students of Asian heritage may be limiting opportunities for non-Asians at Canadian universities and in particular the University of Toronto.

 

Toronto City Council has participated in various scholarship programs at the post-secondary level because higher education plays a significant role in achieving equality of opportunity.  Moreover, Toronto City Council is a founding member of the Canadian Coalition of Municipalities Against Racism and Discrimination, and in so doing, has pledged to speak out against incidents of racism and discrimination that can have negative consequences for not only those who are affected but for the community as a whole.

 

Many community organizations have called upon MacLean's to issue an unqualified apology to to the people of Toronto for the negative stereotyping and impressions of people of Asian descent who form nearly a quarter of the City's population.  The City of Victoria has passed a motion expressing its concern for the impact of this article and other cities are also considering similar actions.

 

Therefore, in keeping with the City's leadership role in seeking to eliminate racism and discrimination, Toronto City Council is called upon to disassociate itself from the views expressed by this article and to reinforce the rights of any student to attend post-secondary education without limitation.

 

(Submitted to City Council on December 16, 2010 as MM2.7)

Background Information

Member Motion MM2.7
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34300.pdf

Communications

(December 14, 2010) E-mail from Jim Maclean (MM.Supp.MM2.7.1)
(December 14, 2010) E-mail from Sanjid Anik, Vice President Finance, Continuing Education Students' Association of Ryerson (CESAR) Local 105, Canadian Federation of Students (MM.Supp.MM2.7.2)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18667.pdf
(December 14, 2010) E-mail from Liana Salvador, Vice-President Education, Ryerson Students' Union, Local 24 - Canadian Federation of Students (MM.Supp.MM2.7.3)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18668.pdf
(December 15, 2010) E-mail from Ben Watts (MM.Supp.MM2.7.4)
(December 15, 2010) Letter from Doug Hum, Secretary/Treasurer, Toronto Federation of Chinese Parents (MM.Supp.MM2.7.5)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18670.pdf
(December 15, 2010) E-mail from Kumari Giles, Vice-President Equity and Munib Sajjad, Vice-President External, University of Toronto Mississauga Students' Union, Local 109, Canadian Federation of Students (MM.Supp.MM2.7.6)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18671.pdf
(December 15, 2010) E-mail from Darshika Selvasivam, Vice-President, Campaigns and Advocacy, York Federation of Students, Local 68, Canadian Federation of Students (MM.Supp.MM2.7.7)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18672.pdf
(December 15, 2010) E-mail from Danielle Sandhu, Vice-President Equity, University of Toronto Students' Union, Local 98 of the Canadian Federation of Students (MM.New.MM2.7.8)
https://www.toronto.ca/legdocs/mmis/2011/mm/comm/communicationfile-18673.pdf
(December 15, 2010) E-mail from Karen Sun, Executive Director, Chinese Canadian National Council, Toronto Chapter, and also enclosing an e-mail from Khaled Mouammar, National President, Canadian Arab Federation (MM.New.MM2.7.9)

MM2.8 - Advisory Committees, Sub-Committees and Task Forces - by Councillor Paula Fletcher, seconded by Councillor Janet Davis

Notice of Motion
Consideration Type:
ACTION
Wards:
All
Attention
Notice of this Motion has been given.
This Motion is subject to referral to the Executive Committee. A two thirds vote is required to waive referral.

Recommendations

Councillor Paula Fletcher, seconded by Councillor Janet Davis, recommends that:

 

1.         City Council request that prior to the New Year, the City Manager provide City Council with a list of all advisory committees, subcommittees and task forces from the previous term of Council to which Councillors were appointed.

 

2.         City Council request that the process for the re-establishment of advisory, subcommittees and task forces be communicated to City Council early in the New Year.

Summary

At its December 8, 2010 meeting, City Council appointed Council Members to the Executive, Standing and Special Committees and to External Bodies.  Councillors are also appointed to other advisory committees, subcommittees and task forces which have not yet been established or re-established by Council.

 

(Submitted to City Council on December 16, 2010 as MM2.8)

Background Information

Member Motion MM2.8
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-34301.pdf

City Council - Bills and By-laws - Meeting 2

BL2.1 - Introduction and Enactment of General Bills and Confirming Bills

Consideration Type:
ACTION
Wards:
All

Summary

City Council will introduce and enact General Bills and Confirming Bills.

Background Information

Consolidated By-law Index for December 16, 2010 Meeting
https://www.toronto.ca/legdocs/mmis/2011/bl/bgrd/backgroundfile-34588.pdf
Source: Toronto City Clerk at www.toronto.ca/council