Toronto City Council
The full agenda, as filed
All 51 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 51Show 2550100all
BL3.1adopted
Introduction of General Bills and Confirming Bills
City Council will introduce General Bills and Confirming Bills.
City Council on February 7 and 8, 2023, passed By-laws 123-2023 to 164-2023.
CC3.1deferred
Review and Consideration for a Housing Commissioner Role or Function at Ombudsman Toronto
On July 19, 2022, Toronto City Council approved EX34.7 - Review and Considerations for a Housing Commissioner Role or Function. Following its approval, Council requested that Ombudsman Toronto consider the May 2022 Maytree Consultant Report ("Crean and Maytree Report"), as well as the June 2022 City Manager's Report and Recommendations to Council ("City Manager's Report"), and provide Council with recommendations related to the resources and structure required for the office to focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto's housing planning and service delivery roles, including the consideration of a dedicated Deputy Ombudsman, Housing. This report will outline the structure and identify the resources required to take on the proposed role, should Council provide its approval. Our review, requested by City Council, included an examination of Council's July 19, 2022 decision, the HousingTO 2020-2030 Action Plan, the Housing Charter, the Crean and Maytree Report, and the City Manager's Report. The Crean and Maytree Report notes that "a single action, individual or office may not be an effective way to advance Toronto's objectives outlined in the Housing Charter."[1] This was also the conclusion reached by the City Manager, who wrote in his June report that "a suite of actions delivered in concert with each other is more likely to achieve Council's goals." Providing Ombudsman Toronto with the resources to conduct systemic investigations and reports that focus on housing would be one of several activities the City has proposed to achieve its housing goals.
City Council on February 7 and 8, 2023, deferred Item CC3.1 to the March 29, 2023 City Council meeting with a request that the Toronto Ombudsman bring a report with additional details about the Deputy Ombudsman, Housing function within the Ombudsman's office, the roles and responsibilities of the proposed new unit, and the relationship of the work of this new unit to the other actions being undertaken by the City that Council adopted in July 2022 to further the City's commitment to the progressive realization of the right to housing, including training, a Council Advisory Body, and an independent review of the HousingTO 2020 - 2030 Action Plan.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council authorize Ombudsman Toronto to establish a dedicated unit within the office that will focus on investigations and reports related to systemic housing discrimination and systemic hurdles in the City of Toronto's housing planning and service delivery roles. The unit will report to the Ombudsman and be led by a Deputy Ombudsman, Housing, with appropriate staff. Ombudsman Toronto will report to Council on investigations undertaken by the unit and will make public related findings and recommendations. In addition, Ombudsman Toronto will report back to Council on all housing-related complaints handled by the unit, as part of its annual reporting to Council.
DM3.1amended
This report recommends that City Council to state its intention to designate the four properties at 148 and 156-158 Avenue Road and 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value. The subject properties are situated at the northwest corner of Avenue Road and Davenport Road. 148 and 156-158 Avenue Road contain three-storey, late Victorian-era, red brick residential and commercial buildings constructed together in 1891-1892 and representing the earliest period in the historical built evolution of Avenue Road. The adjacent property at 224 Davenport Road contains the former head office of Canada's largest bakery, the Canada Bread Company. Developed at the crossroads of two of the City's earliest annexed neighbourhoods, the Canada Bread Building, along with the house-form buildings at 156-158 Avenue Road are valued as a collection of historically associated residential and commercial properties with historic, physical and visual links to their surroundings since the late-19th and early 20th century. Heritage Planning staff have undertaken research and evaluation and determined that the four subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design, associative and contextual values. As such, the properties are significant built heritage resources. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act (OHA). The Bill 108 Amendments to the OHA came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the OHA now restricts City Council's ability to give notice of its intention to designate a property under the OHA to within 90 days after the City Clerk gives notice of a complete application. On July 5, 2021 an Official Plan and Zoning By-Law Amendment application (21 178720 STE 11 OZ) was submitted to the City to permit a 35-storey mixed-use building, atop a 3-storey podium on the site including the properties at 148-158 Avenue Road and 220-234 Davenport Road. The existing building facade at 224 Davenport Road is proposed to be maintained. Demolition is proposed for the existing buildings at 148, 152 and 156-158 Avenue Road and 224-234 Davenport Road. A Heritage Impact Assessment (HIA) was submitted as part of this application and it is currently being reviewed by staff. The impact of the proposed development proposal would have on the heritage values and attributes identified within a Notice of Intention to Designate will be considered by staff as part of the review of the development application. The development application currently under review was deemed complete following the new legislation coming into force. This Notice of Intention to Designate report was required to be considered by City Council before February 10, 2022, however, the applicant has agreed to extend the time limit to September 30, 2022. A Heritage Impact Assessment has been submitted by ERA Architects and is currently being reviewed by staff in conjunction with the related planning application. Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council state its intention to designate the property at 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 224 Davenport Road (Reasons for Designation) attached as Attachment 1 to the motion by Councillor Dianne Saxe. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. City Council will not designate the properties at 148, 156 or 158 Avenue Road.
Staff recommendation as filed
The Planning and Housing Committee recommends that: 1. City Council state its intention to designate the property at 148 Avenue Road (including entrance address at 220 Davenport Road) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 148 Avenue Road (Reasons for Designation) attached as Attachment 3 to the report (June 8, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 156-158 Avenue Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 156-158 Avenue Road (Reasons for Designation) attached as Attachment 4 to the report June 8, 2022) from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 224 Davenport Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 224 Davenport Road (Reasons for Designation) attached as Attachment 5 to the report (June 8, 2022) from the Chief Planner and Executive Director, City Planning. 4. If there are no objections to the designations, City Council authorize the City Solicitor to introduce the Bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.
IA3.1referred
Regarding the Gardiner East Project
I am submitting this administrative inquiry under Municipal Code Section 27-7.11 to seek information regarding the status of the Gardiner East "hybrid" construction project. A February 2016 Staff Report estimated the lifecycle cost of the Hybrid 3 option (which was ultimately chosen by Council) for the Gardiner East rebuild to be $1.053 billion in 2013 dollars ($1.31 billion in 2022 dollars). Question 1: What is the updated cost estimate for the Gardiner East Hybrid 3 option? An October 19, 2022 CP24 article included a statement from a City spokesperson confirming that only $500 million in contracts have been committed to the Gardiner East project. The spokesperson also confirmed that the design has not been finished, no contracts have been awarded for the easternmost portion of the project, and that construction is not scheduled to start until 2026. Question 2: Is the $500 million figure regarding contracts awarded for the Gardiner East rebuild cited in the CP24 article still accurate?
City Council on February 7 and 8, 2023, referred Administrative Inquiry IA3.1 from Councillor Josh Matlow, Ward 12, Toronto - St. Paul's regarding the Gardiner East Project and Answer IA3.1a from the City Manager to the Infrastructure and Environment Committee for consideration.
MM3.1adopted
As presently approved and agreed to, the required conveyance of land for parkland purposes, pursuant to Section 42 of the Planning Act, R.S.O. 1990. C. P. 13, for the 35, 41, 63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, must be completed prior to the issuance of any Above-Grade Building Permit for any building on the Site, in accordance with Chapter 415 of the Municipal Code. The Owner is expected to be ready to request an Above Grade Building Permit for Tower A of the development early in 2023. However, the Owner is not yet ready to convey the parkland, because the waste management method currently in place for the nearly one thousand rental units on the Site is partially located on the parkland, and would be disrupted by the requirement to remove it to convey the parkland to the City. Delaying the conveyance of the parkland will allow minimal disruption and inconvenience to tenants of the dwelling units on the Site, and ensure the safety of operations staff, while allowing the Owner to proceed with construction of Tower A. The public interest is served by allowing the Owner to construct Tower A, prior to the conveyance of the parkland, because the proposed development will deliver 37 new rental residential dwelling units at affordable rents, some of which will be located within Tower A. Allowing construction to proceed will allow for the timely delivery of those new affordable dwelling units. Moreover, if the issuance of an Above Grade Building Permit is delayed, the conveyance of the park may also be delayed beyond the date set out in Recommendation 1.d below. The Section 37 Agreement for this development has not yet been finalized or registered, and as such, an Amending Agreement is not required, only revised instructions to staff in respect of the Section 37 Agreement that remains under negotiation.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend Item 2019.CC13.10 by: a. deleting Part 6: 6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor. and adopting instead the following new Part 6: 6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below-grade, of all easements, encumbrances, and encroachments. b. deleting Part 9.x.: 9.x. the above base improvements for the off-site parkland dedication referred in Part 6 above and the development charge credit referred to in Part 7 above; and adopting instead the following new Part 9.x.: 9.x. the above base improvements for the on-site parkland dedication referred to in Part 6 above and the development charge credit referred to in Part 7 above; c. amending Part 9 to include the following sub-Parts: 9.xiv. prior to the issuance of the any above grade building permit(s), including any conditional above-grade building permits, the Owner shall: 1. post Financial Security in the amount of the value of the parkland as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks, Forestry and Recreation; and 2. register in priority a Section 118 Restriction, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor, concurrent with the registration of the Section 37 Agreement on title to 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue."; and d. adopting the following new Part 13: 13. The parkland described in Part 6 shall be conveyed to the City prior to the earlier of (1) twelve months after the occupancy of Tower A, and (2) the issuance of any building permit for Tower B or Tower C.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Ausma Malik, recommends that: 1. City Council amend Item 2019.CC13.10 by: a. deleting Part 6: "6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor." and adopting instead the following new Part 6: "6. City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-site parkland to be transferred to the City shall be free and clear, above and below-grade, of all easements, encumbrances, and encroachments." b. deleting Part 9.x.: "9.x. the above base improvements for the off-site parkland dedication referred in Part 6 above and the development charge credit referred to in Part 7 above;". and adopting instead the following new Part 9.x.: 9.x. the above base improvements for the on-site parkland dedication referred to in Part 6 above and the development charge credit referred to in Part 7 above;". c. amending Part 9 to include the following sub-Parts: "9.x.i.v. prior to the issuance of the any above grade building permit(s), including any conditional above-grade building permits, the Owner shall: 1. post Financial Security in the amount of the value of the parkland as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index to the satisfaction of the General Manager, Parks, Forestry and Recreation; and 2. register in priority a Section 118 Restriction, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor, concurrent with the registration of the Section 37 Agreement on title to 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue."; and d. adopting the following new Part 13: "13. The parkland described in Part 6 shall be conveyed to the City prior to the earlier of (1) twelve months after the occupancy of Tower A, and (2) the issuance of any building permit for Tower B or Tower C."
RM3.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:41 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. February 7, 2023 Members of Council observed a moment of silence and remembered: The discovery of potential burial sites on Wauzhushk Onigum Nation The Honourable David Onley A.R. Michele Albanese An Unknown Individual John Paul Boorman Barbara Helen Castledine Alvina Naiomi Chance Edward Charles Czarnecki Frank Daly Jane Doe John Doe Michael Finlay Naftully "Nathan" Gerwitz Michael Kirk Harvey "Hydro" Jules Kronis Ken Lee Natalie Helen Meier Jim Nyman Michael Pilch Dawn Rosemary Potts Gail Elaine Stacey Peter Strickland David Wheeler Victims of the Jerusalem Neve Yaakov synagogue massacre Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. This meeting is being held as a hybrid meeting. Members of Council, staff and the public are participating in today's meeting remotely and in person, and the meeting is being streamed live on YouTube. I'd like to welcome the public who are with us here today, and who are watching the meeting online.
CC3.2withdrawn
Legal Challenge to Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020
On July 21, 2020, the Province passed Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020. Among other things, it made several amendments to the Residential Tenancies Act, 2006 that changed some of the procedural rules for landlord and tenant applications brought before the Landlord and Tenant Board. On July 28 and 29, 2020, City Council directed the City Solicitor to commence a legal challenge to those amendments. On March 30, 2021, the City issued a Notice of Application in Superior Court, seeking to challenge the validity of the amendments. The parties have now exchanged their application materials and are in the process of completing cross-examinations on their witnesses' affidavit evidence. Following this, the parties will agree to a date for the exchange of their written legal arguments and request a hearing date from the court. The City Solicitor brings this confidential report in order to seek further instructions.
Item CC3.2 was withdrawn at City Council on February 7 and 8, 2023.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM3.2adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 319 Roncesvalles Ave. operating under the name Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery (the "Premises"). The application is for an indoor area. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is December 23, 2022.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery, 319 Roncesvalles Avenue (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and 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.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Roncesvalles Convenience Plus T.B.K.A Alimentari Italian Grocery, 319 Roncesvalles Avenue (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence, and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and 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.
RM3.2adopted
City Council will confirm the Minutes from the special meetings held on November 23 and 24, 2022 and December 14 and 15, 2022.
City Council confirmed the Minutes of Council from special meetings 1 and 2 held on November 23 and 24, 2022, and December 14 and 15, 2022.
CC3.3adopted
On July 28, 2020, City Council approved Site-Specific Zoning By-law 831-2020 and Site-Specific Zoning By-law 832-2020 (the "Zoning By-laws") permitting the revitalization of a Toronto Community Housing site located at 1555-1575 Queen Street East including a 10 storey residential building (the "TCHC Building"), and a 17 and 16 storey mixed-use building (the "Market Building"). On December 16, 2022, the applicant submitted a minor variance application to the Committee of Adjustment seeking relief from the provisions of the Zoning By-laws relating to the timing of certain obligations related to the design and construction of municipal infrastructure improvements in connection with the development of the Market Building (the "Minor Variance Application"). On January 18, 2023, the Committee of Adjustment approved the Minor Variance Application (the "Committee of Adjustment Decision"). The Section 37 Agreement registered on title as Instrument AT5558406 on October 29, 2020 (the "Section 37 Agreement") similarly includes provisions relating to the timing of the design and construction of municipal infrastructure improvements in connection with the development of the Market Building. In light of the Committee of Adjustment Decision, the Section 37 Agreement will need to be amended to reflect the revised timing as approved by the Committee of Adjustment.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023. 2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023. 2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
MM3.3adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor sales licence at the premises at 341 Jane Street operating under the name Salsa Venezuelan Street Food (the "Premises"). The application is for an indoor area only. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that the application for a liquor sales licence at the Premises is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This Premises is located in close proximity to residential units. There are concerns related to noise, litter, safety, and other potential disturbances to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is December 17, 2022.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor sales licence Salsa Venezuelan Street Food, 341 Jane Street (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor sales licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and 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.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor sales licence Salsa Venezuelan Street Food, 341 Jane Street (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor sales licence application. 2. City Council request that the Licence Appeal Tribunal provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and 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.
RM3.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 2 on January 31, 2023 Submitted by Mayor John Tory, Chair Report of the Board of Health from Meeting 1 on January 16, 2023 Submitted by Councillor Chris Moise, Chair Report of the Economic and Community Development Committee from Meeting 1 on January 11, 2023 Submitted by Councillor Shelley Carroll, Chair Report of the General Government Committee from Meeting 1 on January 20, 2023 Submitted by Councillor James Pasternak, Chair Report of the Infrastructure and Environment Committee from Meeting 1 on January 30, 2023 Submitted by Deputy Mayor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 1 on January 19, 2023 Submitted by Councillor Brad Bradford, Chair Report of the Etobicoke York Community Council from Meeting 2 on January 23, 2023 Submitted by Councillor Stephen Holyday, Chair Report of the North York Community Council from Meeting 2 on January 25, 2023 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 2 on January 27, 2023 Submitted by Councillor Paul Ainslie, Chair Report of the Toronto and East York Community Council from Meeting 2 on January 26, 2023 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials.
Committee Reports and New Business were presented to City Council for consideration.
CC3.4deferred
Claim to Recover Damages - Toronto Police Service Data Centre
Background The Toronto Police Service operates a data centre ("the "Data Centre") that is located in a building owned by the City. Responsibilities for the Data Centre are shared; the Toronto Police Service is responsible for the data room and related systems and the City (through its Corporate Real Estate Division) is responsible for building operations including the mechanical and electrical systems, life safety equipment, overall building envelope, and general management of the building. The Data Centre houses computer hardware, software, and related equipment and technology to support network and information technology services for the Toronto Police Service. The location of the Data Centre and its functionality is confidential. Construction of the Data Centre commenced in August 2017. It was substantially complete by November, 2018 and turned over to the City to operate and maintain. Fit up of the Data Centre by Toronto Police Service with computer and network equipment was completed in September 2019. In early 2021, Toronto Police Service staff observed significant unexpected corrosion on computer hardware components and certain metal surfaces in the Data Centre. In order to mitigate against potentially catastrophic system failures, Toronto Police Service locked down the building while it explored options to relocate the data systems. By mid-2021, Toronto Police Service had moved all operations from the Data Centre to other locations and taken all of the computer equipment offline. Toronto Police Service determined that corrosion observed on some of the computer systems compromised the equipment's integrity and, therefore, created operational risks. Accordingly, Toronto Police Service determined that it was necessary to relocate staff and operations to another facility, pending the completion of its investigation into the causes of the corrosion, the implementation of appropriate measures to prevent future damage to its computer systems, and the replacement of the computer systems in the Data Centre. The Construction of the Data Centre In 2014, the Toronto Police Services Board recognized that its current disaster recovery data centre was at its maximum capacity and located too close to the main site to meet industry standards for business continuity purposes. For these reasons Toronto Police Service received approval as part of its 2015-2024 capital program to replace the existing data centre with a new facility that would meet its operational requirements. Following the approval of this construction project, the Toronto Police Services Board awarded MMM Group Limited ("MMM Group") with the architectural design and consulting services contract for the Data Centre. As part of its contractual work, MMM Group developed site selection criteria and reviewed suitable sites with the City of Toronto Real Estate Division. In 2016, the City acquired the property on which the Data Centre would ultimately be constructed. In July of 2016 the Toronto Police Services Board entered into a contract with Eastern Construction Company Limited for construction management and construction services for the Data Centre project based on the designs and specifications prepared by MMM Group. The Data Centre was designed to include, among other things, heating, ventilation, and air conditioning systems that were capable of maintaining a consistent level of temperature and humidity within the Data Centre. These key heating, ventilation, and air conditioning systems were manufactured by KyotoCooling North America LLC and Stulz Air Technology Systems Inc. and commissioned by Jones Lang LaSalle Real Estate Services, Inc. The Data Centre was substantially completed in November 2018 and the City contracted with Bouygues Energies and Services Canada Limited and Plan Group Inc. for the general maintenance of the Data Centre and ongoing maintenance of the mechanical and heating, ventilation, and air conditioning systems. The Toronto Police Services Board entered into contracts with DP Environmental Service Inc. for specialized cleaning of the Data Centre computer equipment, preparing environmental assessments, and concrete sealing of the Data Centre subfloor. Confidential Attachment 1 contains legal advice from the City Solicitor with respect to ongoing investigation of the issues and legal action against the parties contracted to design and construct the building, to install heating and cooling and building management systems, and to clean and maintain the Data Centre. A statement of claim was issued on December 21, 2022 in order to recover the losses incurred as a result of the property damage, the anticipated costs to address the existing deficiencies that led to the damage, and associated costs to relocate staff and equipment while the investigation, design and construction work is undertaken.
City Council on February 7 and 8, 2023, deferred Item CC3.4 to the March 29, 2023 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety as it pertains to litigation and contains advice that is subject to litigation and solicitor-client privilege.
MM3.4adopted
Street Vending Permit Transfer - by Councillor Ausma Malik, seconded by Councillor Alejandra Bravo
David Roland Schooley has been the operator and Sidewalk Vending Permit holder of a hotdog cart on the north side of Lakeshore Blvd (30 meters east of Bay St) for many years. There is a current moratorium in place which does not allow applications for a Sidewalk Vending Permit to vend refreshments and/or vehicles from a non-motorized vehicle. COVID-19 has added immense financial pressures to families, particularly to those who rely on these types of businesses which are somewhat precarious in nature, and given that this is the family's main income they cannot afford to lose it. This Motion is urgent because if the permit is not transferred as soon as possible, they will be unable to operate the street vending unit and continue losing income needed to support the family.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council, despite the moratorium on Sidewalk Vending Permits in Ward 10 in Section 740-11 of the Toronto Municipal Code Chapter 740, Street Vending, and the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to lift the moratorium on sidewalk vending in Ward 10 for this particular case, and accept a transfer application for Sidewalk Vending Permit R53-2126896 (David Roland Schooley), as well as issue a new permit to 1000404567 Ontario Inc., provided that: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending, shall continue to apply; and b. 1000404567 Ontario Inc. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a new agreement with the City; ii. updated proof of insurance; iii. proof of a valid business license issued by the City; and iv. proof of the payment of all applicable fees required by the City. 2. City Council direct the Executive Director, Municipal Licensing and Standards, to waive the following Sidewalk Vending Permits conditions for Sidewalk Vending Permit R53-2126896: a. the Executive Director, Municipal Licensing and Standards, shall, so far as is practicable, notify the owners of buildings and occupants of businesses within 25 metres of the proposed designated area, the Board of Management of a local Business Improvement Area and the local Councillor of the application and its eligibility for approval, stating that any person may object to the application by writing to the Executive Director, Municipal Licensing and Standards, within 14 days from the date of notification. 3. City Council direct that a total of at least 2.5 metres of paved sidewalk, measured between the face of the designated area at which customers stand and any adjacent obstruction to pedestrian passage or change in grade on private property, shall remain available.
Staff recommendation as filed
Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council, despite the moratorium on Sidewalk Vending Permits in Ward 10 in section 740-11, Chapter 740, Street Vending, and the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to lift the moratorium on sidewalk vending in Ward 10 for this particular case, and accept a transfer application for Sidewalk Vending Permit R53-2126896 (David Roland Schooley), as well as issue a new permit to 1000404567 Ontario Inc., provided that: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending shall continue to apply; and b. 1000404567 Ontario Inc. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a new agreement with the City; ii. updated proof of insurance; iii. proof of a valid business license issued by the City; and iv. proof of the payment of all applicable fees required by the City. 2. City Council direct the Executive Director, Municipal Licensing and Standards to waive the following Sidewalk Vending Permits conditions for Sidewalk Vending Permit R53-2126896: a. the Executive Director, Municipal Licensing and Standards shall, so far as is practicable, notify the owners of buildings and occupants of businesses within 25 metres of the proposed designated area, the Board of Management of a local Business Improvement Area and the local Councillor of the application and its eligibility for approval, stating that any person may object to the application by writing to the Executive Director within 14 days from the date of notification. 3. City Council direct that a total of at least 2.5 metres of paved sidewalk, measured between the face of the designated area at which customers stand and any adjacent obstruction to pedestrian passage or change in grade on private property, shall remain available.
RM3.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC3.5adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("Tribunal") proceeding that is currently scheduled for a thirteen-day contested hearing beginning June 12, 2023. The owner has appealed the Official Plan and zoning by-law amendment application for 175-195 St. Clair Avenue West and 273 Poplar Plains Road due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. On July 19, 2022 City Council directed the City Solicitor, along with appropriate staff, to oppose the Tribunal appeal but continue discussions with the applicant to resolve issues.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor and of Confidential Appendix A to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer attached as Confidential Appendix A to the report (January 26, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 2 below. 2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the official plan and rezoning appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Official Plan Amendment and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memo dated September 30, 2022, or as may be updated, in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. in the event that the updated Functional Servicing Report, identifies any required improvements to municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational any upgrades or required improvements, prior to the issuance of any above grade building permit, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. City Council has approved the Rental Housing Demolition Application (21 111463 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the one (1) existing rental dwelling unit on the site. 3. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (January 26, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this City Solicitor report. 2. City Council authorize the public release of the Confidential Appendix A and the confidential recommendations in Confidential Attachment 1 of the report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM3.5amended
Reviewing Revenue Tool Options for Toronto - by Mayor John Tory, seconded by Councillor Chris Moise
It is time for a new fiscal deal for cities. This discussion which must be had with the Government of Canada and the Government of Ontario has to be informed by up-to-date information on the revenue tools that we have available. In 2016, I along with Council requested a report be undertaken to study the potential revenue tools available under the City of Toronto Act which acknowledged at the time the unsustainable financing model of Canada's largest city. That report led to a Council decision on expressway tolls, the institution of the hotel tax, and harmonizing of Municipal Land Transfer Act rates along with other minor changes. While expressway tolls were ultimately rejected by the provincial government of the day it did result in additional gas tax revenue from the Province at the time. Since then, we have also instituted a new vacant home tax which is in its first year in 2023. While the remaining tools we have are limited in addressing the scale of the problem, I am recommending that we complete a revised study of revenue generating options available to the City under the City of Toronto Act and in particular complete an in depth feasibility study of the commercial parking levy. As we move forward it's important to consider all available tools in the context of feasibility, alignment with Council directed policy objectives, and how such tools do or do not address substantial budgetary pressures faced by the City. While we await the results of this study, I will reiterate that the tools allowed under the City of Toronto Act are not enough alone to resolve the pressing challenges of this City. In the wake of the COVID-19 pandemic it is clear that the countless calls this Council has made on other levels of government for sustainable funding is required now more than ever to continue delivering the services our residents rely on. The best option remains a new model for municipal financing that allows city revenues to grow alongside the economy, an economy which sees Toronto proudly make the largest contribution to our overall national success. I look to the Council for your support on this item and look forward to future consideration of revenue tool options informed by the results of this study.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council direct the City Manager, the Deputy City Manager, and the Chief Financial Officer and Treasurer, to report in the third quarter of 2023 with an updated assessment of revenue generating options available under the City of Toronto Act, 2006 which must include but not be limited to: a. an assessment of potential revenue generated; b. an assessment of cost of administration; c. an assessment of other municipalities that have implemented similar revenue generating tools; d. alignment with City Council policy objectives; and e. additional considerations such as economic impact, stakeholder impact, and environmental impact. 2. City Council direct the Chief Financial Officer and Treasurer, in consultation with the City Manager and the General Manager, Economic Development and Culture, to include in the above study feasibility of implementing a parking levy including: a. estimates of the current number of commercial, paid and unpaid parking spaces in the City of Toronto, broken down by ward; b. estimates on revenue potential of a parking levy applied to commercial, paid and unpaid parking spaces; c. costs associated with implementing such a levy, including administrative costs; d. implementation considerations including the feasibility of excluding designated commercial and other parking spaces from the levy, graduated fees based on proximity to transit service, and a downtown levy; e. a jurisdictional review and summary of other governments that have implemented a similar parking levy, including Vancouver; f. an analysis of how proceeds may support Toronto Transit Commission capital funding and/or the City's operating budget; g. a review of how a parking levy may align with other policy objectives established by Council; h. an analysis of how a commercial parking levy may support or hinder Toronto's Covid-19 economic recovery, impacts on businesses, Toronto's competitiveness compared to neighbouring municipalities, and impacts on low-income residents. i. a summary of stakeholders that would be impacted by a commercial parking levy and results of initial market sounding with stakeholders; and j. an assessment of parking levy impacts on Toronto's climate goals. 3. City Council request the City Manager and the Chief Financial Officer and Treasurer to include in the report in the third quarter of 2023, the total amount of taxes paid by Toronto residents to all three levels of Government and what percentage of taxes paid by Toronto residents leave the City to pay for programs and services outside of Toronto. 4. City Council direct the City Manager to ensure the results of this report are part of any intergovernmental discussions to achieve a new fiscal framework for Toronto. 5. City Council request the Toronto Parking Authority Board to direct the appropriate staff at the Toronto Parking Authority to complete a review of rates for on-street and off-street parking.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Chris Moise, recommends that: 1. City Council direct the City Manager, the Deputy City Manager, and the Chief Financial Officer and Treasurer, to report in the third quarter of 2023 with an updated assessment of revenue generating options available under the City of Toronto Act, 2006 which must include but not be limited to: a. an assessment of potential revenue generated; b. an assessment of cost of administration; c. an assessment of other municipalities that have implemented similar revenue generating tools; d. alignment with City Council policy objectives; and e. additional considerations such as economic impact, stakeholder impact, and environmental impact. 2. City Council direct the Chief Financial Officer and Treasurer, in consultation with the City Manager and the General Manager, Economic Development and Culture, to include in the above study feasibility of implementing a parking levy including: a. estimates of the current number of commercial, paid and unpaid parking spaces in the City of Toronto, broken down by ward; b. estimates on revenue potential of a parking levy applied to commercial, paid and unpaid parking spaces; c. costs associated with implementing such a levy, including administrative costs; d. implementation considerations including the feasibility of excluding designated commercial and other parking spaces from the levy, graduated fees based on proximity to transit service, and a downtown levy; e. a jurisdictional review and summary of other governments that have implemented a similar parking levy, including Vancouver; f. an analysis of how proceeds may support Toronto Transit Commission capital funding and/or the City's operating budget; g. a review of how a parking levy may align with other policy objectives established by Council; h. an analysis of how a commercial parking levy may support or hinder Toronto's Covid-19 economic recovery, impacts on businesses, Toronto's competitiveness compared to neighbouring municipalities, and impacts on low-income residents; and i. a summary of stakeholders that would be impacted by a commercial parking levy and results of initial market sounding with stakeholders. 3. City Council direct the City Manager to ensure the results of this report are part of any intergovernmental discussions to achieve a new fiscal framework for Toronto. 4. City Council request that the Toronto Parking Authority Board direct the appropriate staff at the Toronto Parking Authority complete a review of rates for on-street and off-street parking.
RM3.5received
Members of Council may file petitions.
City Council on February 7 and 8, 2023 received the following petition for information: 1. Petition regarding "Midtown Yonge Complete Street Pilot", submitted by Councillor Dianne Saxe, Ward 11 - University-Rosedale, containing the names of approximately 8,784 persons.
CC3.6adopted
Rimap and Main Developments Inc. (the "Applicant") is the owner of the property municipally known as 5238 Dundas Street West and 28 Jopling Avenue South (the "Subject Site"). The Applicant applied for Official Plan and zoning by-law amendments (the "Applications") in order to facilitate a 40-storey mixed-use building with 475 dwelling units and 380 square metres of retail space on the ground floor on the Subject Site (the "Application"). The Applicant appealed the Applications to the Ontario Land Tribunal due to Council not making a decision within the prescribed time frames set out in the Planning Act. The appeal was assigned Case OLT-22-002961. On July 19, 2022, City Council adopted the recommendations of Community Planning staff to direct the City Solicitor and appropriate staff to attend the Ontario Land Tribunal in opposition to the Applications. A 10-day hearing has been scheduled to commence on April 24, 2023. The City Solicitor requires further direction. City Planning, Urban Design, and Parks, Forestry and Recreation staff have been involved in the preparation of this report.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor and of Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated January 25, 2023 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023, in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated January 25, 2022 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023 in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor. 3. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that: a. the form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the proposed development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; c. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the General Manager, Parks, Forestry and Recreation; d. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; e. the owner has provided a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the submitted Noise Feasibility Assessment has been peer reviewed by a qualified third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the Electromagnetic Field Management Report has been reviewed and accepted by Toronto Public Health. 4. City Council direct the City Solicitor, in the event it is determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and the Traffic Impact Study, to request that a Holding Provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege; and b. Confidential Attachments 2 and 3.
MM3.6adopted
At its meeting held on March 9, 2022, City Council adopted Scarborough Community Council Item SC30.2, which recommended amendments to the City of Toronto Zoning By-law 569-2013 to permit the redevelopment of 4097 Lawrence Avenue East and 197 to 201 Galloway Road at a height and density greater than otherwise permitted in the City of Toronto Zoning By-law 569-2013 in exchange for the provision of such facilities, services, and matters otherwise set in the by-law and Section 37 agreement. City Council enacted By-law 251-2022 at its meeting on March 9, 2022 to permit the development. A technical and stylistic amendment is required to correct an error that has come to City Planning's attention since the by-law was enacted: - An amendment to Section 40.10.40.80.2(A) is required to permit a minimum 5.0 metres separation between main walls with windows, rather than 5.9 metres to accommodate the north-south portion of the elbow in the proposed development. The incorrect separation distance does not correctly match the Council approved rezoning application, and associated Site Plan drawing as detailed in the Final Report. The building envelope has not changed and continues to match that of Diagram 4 as set out in By-law 251-2022. -Diagram 4 in By-law 251-2022 incorrectly depicts the main wall setback dimension as set out above, resulting in an internal setback that does not correctly match the Council approved rezoning application, and associated Site Plan drawing as detailed in the Final Report; City Planning is of the opinion that the technical amendments to By-law 251-2022 as set out in the Recommendations are appropriate, are good planning and do not require any further public notice. This is an urgent matter since the by-law was enacted almost a year ago and further delay may cause hardship to the applicant.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend Diagram 4 to By-law 251-2022 by replacing with the diagram attached as Schedule A to this Member Motion MM3.6. 2. City Council amend By-law 251-2022 and Exception CR 463 by replacing Site Specific Regulation (M) with the following: (M) Despite Regulation 40.10.40.80(2)(A), the required minimum above-ground distance between two main walls with windows is 5.0 metres; 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, a by-law to make the change noted in Part 1 above to By-law 251-2022. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 251-2022.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council amend Diagram 4 to By-law 251-2022 by replacing with the diagram attached as Schedule A to this motion. 2. City Council amend By-law 251-2022 and Exception CR 463 by replacing Site Specific Regulation (M) with the following: (M) Despite Regulation 40.10.40.80(2)(A), the required minimum above-ground distance between two main walls with windows is 5.0 metres; 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, a by-law to make the change noted in Recommendation 1 above to By-law 251-2022. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 251-2022.
RM3.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on February 7 and 8, 2023. February 7, 2023 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to address City Council. Mayor Tory welcomed the 109th Grey Cup Champions, the Toronto Argonauts, to the Chamber. Mayor Tory acknowledged that it was the second time he had the pleasure of welcoming the Grey Cup Champions, the last time being in 2017. Mayor Tory commented that the win was very special to him as former lawyer then commissioner of the Canadian Football League. He recognized the challenges the league faced as the only football league to play in Canada and commended the team on their persistence, teamwork, intelligence, and their dedication to the communities in which they live and work. Mayor Tory acknowledged the tremendous contribution the team makes to the community, to the fans, and to the City of Toronto. He referenced the longevity of the Toronto Argonauts as a team, as the longest-running franchise in the league, having their 150th anniversary this year. Mayor Tory thanked the team for their dedication and congratulated them on their victory. Mayor Tory invited Toronto Argonauts Head Coach Ryan Dinwiddie to speak. Mr. Dinwiddie thanked the Mayor for having the team at Council and thanked the fans and community for the support and recognition. He invited the 109th Grey Cup Most Valuable Player, Henoc Muamba, to speak. Mr. Muamba spoke about the drive and determination of the team and the lessons they learned this year, about the value of the leadership and coaching staff and attributed the team's success to the work that was put in from the top down. Mr. Muamba thanked the City of Toronto for their support of the team. Mayor Tory invited Michael "Pinball" Clemons to speak. Mr. Clemons spoke about the struggles and injuries the team faced and commented that a great team comes together to overcome such things. He commented that their victory was the result of teamwork and collaboration, and acknowledged his team and coaching staff as the greatest collaborators he knew. Mr. Clemons thanked the fans for their love and support. February 8, 2023 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to address City Council. Mayor Tory offered condolence remarks in memory of the late former Mississauga Mayor Hazel McCallion. He commented on their long friendship and the growth of Mississauga into one of the largest cities in Ontario under Ms. McCallion's guidance. Mayor Tory recognized Ms. McCallion's 12 terms in office as Mayor which he attributed to her honesty and forthrightness, and her belief in and dedication to local government. Mayor Tory remembered Ms. McCallion's fierceness and determination in contributing to her community and the Greater Toronto Area. Mayor Tory stated that City of Toronto flags would be lowered to half mast on Monday, what would have been Hazel McCallion's 102nd birthday and stated that more would be done in the future to honour her legacy. Mayor Tory, during the afternoon session of the meeting, acknowledged the victims of the earthquake in Turkey and Syria and people who are suffering from the after effects of the quake. Mayor Tory recognized what a loss this was to the large Turkish and Syrian communities in the City. Mayor Tory asked Members of Council to observe a moment of silence to remember Hazel McCallion and the victims of the earthquake in Turkey and Syria. Councillor Pasternak welcomed the grade 5 to 8 students of the Africentric Alternative School and their teachers, Mr. Yazdani, Mr. Tawiah, and Mrs. Wheeler, who were present in the Chamber.
CC3.7adopted
On December 15, 2022, the Ontario Land Tribunal ordered the appeal of a zoning by-law amendment application for 399-405 Yonge Street filed by 399Y Corporation (Case OLT-22-004696) (the "399Y Appeal") to be consolidated with the appeals of a request to amend the City's Official Plan and a zoning by-law amendment application filed by 415 Yonge Holding Ltd. in respect of the subject lands (Cases OLT-22-004189 and OLT-22-002502, respectively) (the "415 Appeals"). On account of the Tribunal's order to consolidate the various appeals referred to above, the various applications are all being treated as a single application for the purpose of the hearing scheduled to commence on May 8, 2023. This report provides an update in respect of a resubmission made by the appellants for the 415 Appeals on or around January 13, 2023 and seeks further direction for the City Solicitor.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and of Confidential Appendix A to the report (January 26, 2023) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this Report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix "A" to this report from the City Solicitor at the discretion of the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.
MM3.7adopted
At its meeting held on July 19, 20, and 21, 2022 City Council adopted Etobicoke York Community Council Item EY33.2 which recommended amendments to the Etobicoke Zoning Code and City of Toronto zoning by-law 569-2013 to permit redevelopment of 63 and 73 Widdicombe Hill Boulevard with two additional apartment buildings of seven and 18 storeys while retaining two existing 17 storey apartment buildings. City Council enacted By-laws 976-2022 and 977-2022 to permit the development. It has come to City Planning's attention that there is a minor error in the height map to the two implementing zoning by-laws, namely that the southernmost portion of Building B is listed as permitting 3 storeys whereas 4 stories were intended in the application and staff report considered by City Council. The permitted height in each height map is correct at 15.5m, confirming that the number of storeys is a typographical error. The proposed technical amendments correct the number of storeys by replacing the height maps. The building has not changed in any material way from what was considered and approved by City Council. It is therefore appropriate that the technical amendments as set out in the Recommendations be made to By-laws 976-2022 and 977-2022 without the need for any further public notice. This is an urgent matter as the owner is preparing to begin construction and ambiguity in the zoning by-law may introduce delay in obtaining building permits.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council amend By-law 976-2022 by replacing Schedule B attached to the By-law with the revised Schedule B attached to this Member Motion MM3.7. 2. City Council amend By-law 977-2022 by replacing Diagram 3 attached to the By-law with the revised Diagram 3 attached to this Member Motion MM3.7. 3. City Council direct the City Solicitor to bring forward to City Council's meeting on December 14, 2022 for enactment by City Council, By-laws to make the changes noted in Parts 1 and 2 above to By-laws 976-2022 and 977-2022. 4. City Council determine through the adoption of this recommendation that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-laws 976-2022 and 977-2022.
Staff recommendation as filed
Councillor Stephen Holyday, seconded by Councillor Amber Morley, recommends that: 1. City Council amend By-law 976-2022 by replacing Schedule B attached to the by-law with the revised Schedule B attached to this motion. 2. City Council amend By-law 977-2022 by replacing Diagram 3 attached to the by-law with the revised Diagram 3 attached to this motion. 3. City Council direct the City Solicitor to bring forward to City Council's meeting on February 7, 2023 for enactment by Council, by-laws to make the changes noted in Recommendations 1 and 2 to By-laws 976-2022 and 977-2022. 4. City Council determine through the adoption of this recommendation that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-laws 976-2022 and 977-2022.
RM3.7amended
City Council will review the Order Paper.
February 7, 2023: City Council adopted the February 7, 2023 Order Paper, as amended, and all other Items not held on consent. February 8, 2023: City Council adopted the February 8, 2023 Order Paper.
CC3.8adopted
The applicant appealed its Zoning By-law amendment application and Official Plan amendment application to the Ontario Land Tribunal (the "Tribunal") on April 7, 2022. The City Solicitor reported to the July 19-22, 2022 Council meeting to request instructions regarding the appeal. Council directed the City Solicitor to oppose the appeal. The Tribunal held its first case management conference in this matter on July 19, 2022 and issued a Procedural Order on October 17, 2022. A hearing is scheduled to commence on May 23, 2023. On January 20, 2023, the applicant provided the City with a revised application package, attached to this report as Public Attachment 1, and as detailed below, on a "with prejudice" basis. Further direction from City Council is required on this matter.
City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26. 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26. 2023) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26. 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to this report from the City Solicitor only at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.