Toronto City Council
The full agenda, as filed
All 61 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 26 to 50 of 61Show 2550100all
MM1.6adopted
Shoppers Drug Mart has piloted a free menstrual hygiene product dispenser at 351 Queen Street East to great effect. For those who are economically marginalized, access to these products can come at great expense or sacrifice. The Shoppers Drug Mart project is just one way that our communities are finding ways to help provide those in need with dignity. In order to expand this program and provide wider access to these products, Shoppers Drug Mart would like to expand the pilot to two store locations at 465 Yonge Street and 524 Queen Street West. The dispensers, largely identical to the dimensions and function of newspaper boxes, would need to be located in the public realm in the same space. Shoppers Drug Mart representatives are prepared to meet with Transportation Services Right of Way staff to survey and identify suitable locations for placement. Such placement will comply with the City's established standards for newspaper box placements, so as not to unduly obstruct the public right of way. As per the City's standard practice, Shoppers Drug Mart will sign a liability agreement provided by Transportation Services. The dispensary boxes will not include any first-party advertising. This program initiative is a charitable gesture, which produces no direct profit to Shoppers Drug Mart. To operationalize the pilot, they have assumed all expenses to refurbish the boxes, and stock them with supplies. A waiver of standard encroachment fees will ensure that the project remains viable, as it expands into the public realm.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council approve the temporary installation of free menstrual hygiene product dispensers by Shoppers Drug Mart Inc. within the public right of way fronting or adjacent to each of 465 Yonge Street and 524 Queen Street West, until September 2019, subject to Shoppers Drug Mart Inc. entering into an encroachment agreement with the City of Toronto, generally agreeing to but not limited to the following: a. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b. maintain the product dispensers at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement, including any advertising; and c. remove the boxes upon receiving 90 days written notice to do so from the City of Toronto and upon such other terms and conditions as the General Manager of Transportation Services may deem necessary in the interest of the City. 2. City Council waive any applicable application, agreement and permit fees, including those found as Reference 53, as amended, under Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2, Transportation Services, and Schedule 15, Legal Services as Reference 11.1, under City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, for Shoppers Drug Mart Inc. for the free menstrual hygiene product dispenser at each of 465 Yonge Street and 524 Queen Street West until September 2019.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council approve the temporary installation of free menstrual hygiene product dispensers by Shoppers Drug Mart Inc. within the public right of way fronting or adjacent to each of 465 Yonge Street and 524 Queen Street West, until September 2019, subject to Shoppers Drug Mart Inc. entering into an encroachment agreement with the City of Toronto, generally agreeing to but not limited to the following: a. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b. maintain the product dispensers at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement, including any advertising; c. remove the boxes upon receiving 90 days written notice to do so from the City of Toronto and upon such other terms and conditions as the General Manager of Transportation Services may deem necessary in the interest of the City. 2. City Council waive any applicable application, agreement and permit fees, including those found as Reference 53, as amended, under Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2, Transportation Services, and Schedule 15, Legal Services as Reference 11.1, under City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, for Shoppers Drug Mart Inc. for the free menstrual hygiene product dispenser at each of 465 Yonge Street and 524 Queen Street West until September 2019.
RM1.6amended
City Council will review the Order Paper.
December 13, 2018: City Council adopted the December 13, 2018 Order Paper, as amended and all other Items not held on consent.
CC1.7adopted
Operating Variance Report for the Nine-Month Period Ended September 30, 2018
The purpose of this report is to provide City Council with the Operating Variance for the nine months ended September 30, 2018 as well as projections to year-end. This report also requests City Council's approval for amendments to the 2018 Approved Operating Budget that have no impact on the City's 2018 Approved Net Operating Budget. At its meeting on July 23, 2018 City Council provided delegated authority to the Chief Financial Officer to approve operating budget adjustments in the amount of not more than $1 million, and directed City Manager or designate to report back to the appropriate standing committee on the exercise of any delegated authority adjustments. A list of in-year budget adjustments approved as part of the Chief Financial Officer's delegated authority can be found in Appendix F2 of this report. As of September 30, 2018 the City experienced a favourable variance of net revenues and expenses of $99.549 million. The City is projecting for December 31, 2018 a favourable variance of net revenues and expenditures of $14.668 million. The following table summarizes the financial position of the City's Tax Supported Operations as of the third fiscal quarter and the projection at year-end: Table 1: Year-To-Date Tax Supported Operating Variance Summary Variance ($M) Favourable/ (Unfavourable) 2018 Q3 YTD 2018 Year-End Budget Actual Var Budget Actual Var City Operations 1,639.7 1,531.0 108.7 2,254.2 2,193.1 61.1 Agencies 1,495.5 1,433.9 61.6 1,997.0 1,973.4 23.6 Corporate Accounts (27.4) 20.3 (47.8) (75.0) (30.7) (44.2) Total Variance 3,107.8 2,985.2 122.6 4,176.2 4,135.7 40.4 Less: Toronto Building* (7.6) (30.6) 23.0 (10.7) (36.5) 25.8 Adjusted Variance 3,115.4 3,015.9 99.5 4,186.9 4,172.2 14.7 % of Gross Budget 1.2% 0.1% * In accordance with the Building Code Act, any surplus from Toronto Building must be contributed to the Building Code Act Service Improvement Reserve Fund. Year-to-Date and Year-End Spending Results: As noted in Table 1 above, for the nine months ended September 30, 2018 Tax Supported Operations experienced a favourable net variance of $122.555 million or 3.9% of planned expenditures. The key factors contributing to the favourable year-to-date variance are lower than planned salary and benefits from vacant positions in City Operations, utility costs, non-labour costs, and accident claims experienced by Toronto Transit Commission. For year-end, the City is projecting a net favourable variance of $40.438 million or 1.0% of the 2018 Approved Operating Budget. There has been overspending of $18.610 million in Hostel Services as a result of the demand for shelter beds. The ongoing expenditure pressure for emergency shelter beds in Shelter, Support & Housing Administration is expected to continue to year-end. The federal-provincial assistance funding of $16.000 million received in the 2nd quarter of 2018 has partially offset this demand, as well as the overall under spending in Social Housing. Continued pressure is expected to the end of the year. The year-to-date revenue is under achieved by $115.362 million which is mainly attributed to the decline in Municipal Land Transfer Tax revenue receipts. It is primarily driven by lower residential market activity. Based on the current trend, Municipal Land Transfer Tax revenue is expected to continue to decline by year-end, resulting in an unfavourable variance of $99.241 million net. An overview of the key variance drivers can be found in the "Comments" section of this report as well as in a detailed summary provided in Appendix G. At its meeting of July 23, 2018 City Council adopted item EX36.17 "Operating Variance Report for the Five Months Ended May 31, 2018" with a recommendation directing that Heads of City Divisions and Agencies projecting year-end unfavorable variances must continue to monitor the year-end projections and implement mitigation strategies. Rate Supported Programs: Rate Supported Programs reported a favourable year-to-date variance of $32.829 million. The favourable variance is attributed to over achieved revenue in Toronto Water that more than fully offsets revenue pressures in Solid Waste Management Services and Toronto Parking Authority. Consistent with year-to-date results, the favourable year-end projected variance of $34.543 million is primarily driven by Toronto Water. Table 2: Year-To-Date Rate Supported Operating Variance Summary Variance ($M) Favourable / (Unfavourable) 2018 Q3 YTD 2018 Year-End Budget Actual Var Budget Actual Var Solid Waste Management Services (15.2) 4.7 (19.8) 0.0 10.6 (10.6) Toronto Parking Authority (49.1) (47.6) (1.5) (66.5) (62.3) (4.2) Toronto Water (3.7) (57.8) 54.1 0.0 (49.3) 49.3 Total Variance (67.9) (100.8) 32.8 (66.5) (101.1) 34.5 Solid Waste Management Services is experiencing a decline in revenue from the sale of recyclable materials due to global market changes, resulting in a $5.478 million year-to-date shortfall. Solid Waste Management Services is forecasting a continued revenue decline for recyclable materials of $8.208 million due to changing global markets causing a decline in the demand and prices of recyclables. The remaining year-to-date revenue shortfall is attributed to the delay in the receipt of collection fees and Stewardship Ontario funding, which will be reflected in the year-end projection. Rate Supported Programs are funded entirely by the user fees that are used to pay for the services provided and the infrastructure to deliver them. Solid Waste Management Services and Toronto Water's respective year-end surpluses, if any, must be transferred to the Wastewater and Water Stabilization Reserves and Waste Management Reserve Fund, respectively, to finance capital investments and ongoing operations.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council approve the budget adjustments and any associated complement changes detailed in Appendix F to the report (December 6, 2018) from the Chief Financial Officer to amend the 2018 Approved Operating Budget, such adjustments to have no impact on the 2018 Approved Net Operating Budget of the City.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. City Council approve the budget adjustments and any associated complement changes detailed in Appendix F to amend the 2018 Approved Operating Budget, such adjustments to have no impact on the 2018 Approved Net Operating Budget of the City.
FM1.7amended
Election of the Speaker and Deputy Speaker
Mayor John Tory has advised Toronto City Council that in accordance with Chapter 27, Council Procedures, of the Toronto Municipal Code, he consents to the election of a Speaker and Deputy Speaker by City Council. City Council will elect the Speaker and Deputy Speaker by public ballot.
City Council on December 4, 5 and 13, 2018: 1. Elected Councillor Frances Nunziata as Speaker for a term of office ending on November 14, 2022. 2. Elected Councillor Shelley Carroll as Deputy Speaker for a term of office ending on November 14, 2022.
MM1.7adopted
The McGill-Granby neighbourhood is a unique, low-rise community situated downtown. It is bordered by College Street to the north, Gerrard Street to the south, Yonge Street to the west, and Mutual Street to the east. City Planning has identified the McGill-Granby neighbourhood as an Area of Special Identity, under the City of Toronto Official Plan, Area Specific Policy 151. This area is currently facing intense development pressures. As such, local residents have a priority interest in protecting their neighbourhood character and preserving heritage homes. In November, 2017, the McGill-Granby Resident's Association made a formal submission to Heritage Preservation Services, requesting study and designation of McGill, Granby, and Mutual Streets under a comprehensive Heritage Conservation District. The study has not yet been initiated, as City staff have a backlog of Heritage Conservation District studies to complete. While awaiting the Heritage Conservation District study, local residents have taken further action to submit a request for the study of two specific properties, at 79 and 81 Granby Street. These heritage-value, residential homes have recently been consolidated into a proposed development site. As such, the community fears that the two homes will be demolished, prior to the commencement of the Heritage Conservation District study. To ensure that the low-rise residential homes are protected, the McGill-Granby Residents Association have made a formal submission to Heritage Preservation Services nominating 79 and 81 Granby Street for heritage designation. The residents have asked that I assist them in ensuring that this matter is expedited, with all due haste.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council direct the Senior Manager, Heritage Preservation Services to initiate a study of the formally nominated properties, at 79 and 81 Granby Street, with consideration to their potential contribution to a future Heritage Conservation District and City Council direct the Senior Manager, Heritage Preservation Services to report back regarding designation within the first quarter of 2019.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the Senior Manager, Heritage Preservation Services to initiate a study of the formally nominated properties, at 79 and 81 Granby Street, with consideration to their potential contribution to a future Heritage Conservation District and City Council direct the Senior Manager, Heritage Preservation Services to report back regarding designation within the first quarter of 2019.
CC1.8adopted
Capital Variance Report for the Nine-Month Period Ended September 30, 2018
The purpose of this report is to provide City Council with the City of Toronto capital spending for the nine month period ended September 30, 2018, as well as projected actual expenditures to December 31, 2018. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2018 Approved Capital Budget. At its meeting on July 23, 2018 City Council adopted item EX36.4 "Delegation of Authority for the Remainder of the 2014-2018 Council Term" that provided delegated authority to the Chief Financial Officer to approve capital budgets adjustments in the amount of not more than $3 million. A list of in-year budget adjustments approved as part of the Chief Financial Officer's delegated authority can be found in Appendix 4a of this report. As at September 30, 2018 the City's capital expenditure was $2,101 or 35.6% of the 2018 capital budget of $5,904 and is projecting to expend $4,007 or 67.9% by December 31, 2018. Table 1: Capital Variance Summary 2018 Approved Budget Actual Expenditures - Q3 YTD 2018 Approved Budget Projected Expenditures - January to December $M $M % $M $M % City Operations 2,271 642 28.3% 2,271 1,357 59.8% Agencies 2,455 1,037 42.3% 2,455 1,824 74.3% Subtotal - Tax Supported 4,725 1,679 35.5% 4,725 3,181 67.3% Rate Supported 1,178 422 35.8% 1,178 826 70.1% TOTAL 5,904 2,101 35.6% 5,904 4,007 67.9% Tax Supported Programs project a spending rate of 67.3% while Rate Supported Programs project a spending rate of 70.1% by year-end. The projected year-end spending rates presented in this report are based on the submissions from each Program and Agency, and as such, the preparation of this report has been based on this information. The report also reports 9 completed capital projects with a combined budget of $54.537 million that are ready to be closed. They have been completed under budget, realizing permanent underspending of $10.100 million with associated reserves/reserve funding which will be returned to the originating reserve/reserve fund accounts.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. Council approve in-year budget adjustments to the 2018-2027 Approved Capital Budget and Plan as detailed in Appendix 4 to the report (December 3, 2018) from the Chief Financial Officer that result in no incremental impact on debt financing.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. Council approve in-year budget adjustments to the 2018-2027 Approved Capital Budget and Plan as detailed in Appendix 4 that result in no incremental impact on debt financing.
FM1.8received
City Council will recess until 9:30 a.m. on Wednesday, December 5, 2018. A reception follows.
City Council recessed its meeting at 3:15 p.m. until 9:30 a.m. on Wednesday, December 5, 2018. A reception followed.
MM1.8adopted
On June 26, 2018, City Council accepted a Settlement Offer to resolve the appeals by the Owner of 859, 861 and 875 Eglinton Avenue West (the "Site") to the Local Planning Appeal Tribunal of Council's failure to enact site specific Zoning By-law Amendments in relation to the Site, along with the Owner's appeals of Official Plan Amendment Number 253 (Eglinton Connects), and the implementing By-law 1030-2014. In accepting the Owner's settlement offer, City Council authorized the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act to secure a cash contribution, above-base park improvements for an offsite parkland dedication, and an entrance and connection to the planned future Toronto Transit Commission Bathurst LRT Station. City Council also instructed the City Solicitor to request the Local Planning Appeal Tribunal withhold its order on the Zoning By-law Amendments until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law amendments are in a form satisfactory to the City; the City has received an executed Section 37 Agreement securing the benefits outlined above, and the Section 37 Agreement has been registered on title to the properties; and the Chief Engineer and Executive Director, Engineering and Construction Services has confirmed that all engineering matters have been addressed to his satisfaction. On September 26, 2018, the Local Planning Appeal Tribunal issued a Decision allowing the Owner's appeal in part, and approving the Zoning By-law Amendment to the former City of York B-law 1-18 in principle. The Local Planning Appeal Tribunal withheld its Order, pending confirmation of the matters described above, and requested an update as to the satisfaction of the conditions and the final form and content of the Zoning By-law Amendment by October 1, 2018. The Owner submitted a revised Functional Servicing Report on November 16, 2018. In the course of reviewing the revised report, Engineering and Construction Services staff noted that off-site infrastructure improvements would be required to support the development of the site. This matter is urgent, as the parties have been unable to update the Local Planning Appeal Tribunal on the pre-conditions to the issuance of the order, or to finalize the form and content of the Zoning By-law Amendments and Section 37 Agreement, in accordance with the Local Planning Appeal Tribunal - directed deadline of October 1, 2018. The finalization of these matters is now ten weeks overdue. This meeting has been the first opportunity available to Council to provide further direction.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council amend its decision on CC43.19 [2018] by adding a new Part 5.b.iii: 5.b.iii. the financing and construction of necessary improvements to off-site municipal infrastructure, which include approximately 53 linear metres of 450mm diameter storm sewer, one maintenance hole, the disconnection and reconnection of two catchbasins with leads including full surface restoration all located on Dewborne Avenue, or other municipal infrastructure improvements necessary to comply with MECP Procedure F-5-5, based on the Functional Servicing Report prepared by WSP Canada Group Limited, dated November 14, 2018, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Michael Colle, recommends that: 1. City Council amend its decision on CC43.19 [2018] by adding a new Part 5.b.iii: 5.b.iii. the financing and construction of necessary improvements to off-site municipal infrastructure, which include approximately 53 linear metres of 450mm diameter storm sewer, one maintenance hole, the disconnection and reconnection of two catchbasins with leads including full surface restoration all located on Dewborne Avenue, or other municipal infrastructure improvements necessary to comply with MECP Procedure F-5-5, based on the Functional Servicing Report prepared by WSP Canada Group Limited, dated November 14, 2018, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.
CC1.9adopted
Reserve and Reserve Fund Balances - September 30, 2018
This report provides information on reserve and reserve fund balances as at September 30, 2018, based on budgeted and unbudgeted contributions and draws made during the first nine months of 2018. The vast majority of these funds have been committed to fund capital projects and known future liabilities, leaving minimal amounts for discretionary spending.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council receive the report (December 5, 2018) from the Chief Financial Officer for information.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. City Council receive this report for information.
MM1.9adopted
At its meeting held on March 28 and 29, 2017 City Council adopted, as amended, Item MM27.47 which amended Item NY17.45 to permit a mixed use development of the subject lands which will include office, commercial and residential uses, in exchange for the provision of certain facilities, services and community benefits. At its meeting on March 29, 2017 City Council enacted By-law 323-2017 to permit the proposed development. It has come to the attention of the City Solicitor that Schedule 1 to By-law 323-2017 contains a minor technical error. Specifically, notwithstanding the clear intention of the staff report and the text of By-law 323-2017, the symbol "C1 TO RM6(247)" was omitted from Schedule 1 through inadvertence. Correction of this minor technical error will avoid any potential hardship to the applicant and is necessary given the fact that the by-law is already in force.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council amend By-law 323-2017 by replacing Schedule 1 attached to the by-law with the revised schedule as shown in Attachment 1 to Motion MM1.9. 2. City Council direct the City Solicitor to bring forward a bill to the December 13, 2018 meeting of City Council to make the changes noted in Part 1 above to By-law 323-2017, as shown in Attachment 2 to Motion MM1.9. 3. City Council determine through the adoption of this Item that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the minor technical change to By-law 323-2017.
Staff recommendation as filed
Councillor John Filion, seconded by Kristyn Wong-Tam, recommends that: 1. City Council amend By-law 323-2017 by replacing Schedule 1 attached to the by-law with the revised schedule as shown in Attachment 1 to this Motion. 2. City Council direct the City Solicitor to bring forward a bill to the December 13, 2018 meeting of City Council to make the changes noted in Part 1 above to By-law 323-2017, as shown in Attachment 2 to this Motion. 3. City Council determine through the adoption of this Item that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the minor technical change to By-law 323-2017.
CC1.10adopted
2019 Interim Operating and Capital Estimates
The 2019 Operating and Capital Budgets are scheduled for Council approval in mid- March of 2019. The purpose of this report is to establish the 2019 Interim Operating and Capital Estimates in order to enable City Programs and Agencies to have the necessary spending authority to deliver current services, meet existing contractual commitments and to continue work on previously approved capital projects until the 2019 Operating and Capital Budgets are approved by City Council. The 2019 Interim Operating Estimates are $3.660 billion gross and require cash outflow funding of $3.670 billion. The 2019 Interim Capital Estimates total $1.634 billion and require debenture financing of $511.9 million.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. Council approve the 2019 Interim Operating Estimates totalling $3.670 billion as detailed by City Program and Agency in Appendix 1 to the report (December 3, 2018) from the Chief Financial Officer. 2. Council approve the 2019 Interim Capital Estimates totalling $1.634 billion in gross expenditures and $511.9 million in debt funding as detailed by City Program and Agency in Appendix 2 to the report (December 3, 2018) from the Chief Financial Officer, with the balance financed by Provincial and Federal funding of $332.2 million; Reserve funding of $468.9 million; Development Charges funding of $127.9 million and Third Party and Other funding of $192.9 million.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. Council approve the 2019 Interim Operating Estimates totalling $3.670 billion as detailed by City Program and Agency in Appendix 1 attached. 2. Council approve the 2019 Interim Capital Estimates totalling $1.634 billion in gross expenditures and $511.9 million in debt funding as detailed by City Program and Agency in Appendix 2 attached, with the balance financed by Provincial and Federal funding of $332.2 million; Reserve funding of $468.9 million; Development Charges funding of $127.9 million and Third Party and Other funding of $192.9 million.
MM1.10adopted
RK (Sheppard Centre) Inc. (the "Owner") is the owner of lands municipally known as 4841 to 4881 Yonge Street, 2 and 50 Sheppard Avenue East, and 4 and 6 Forest Laneway (the "Sheppard Centre"). On March 31, 2015, City Council approved the Owner's applications for amendments to the Official Plan and Zoning By-law, Site Plan, and Rental Housing Demolition in order to permit the development of the Sheppard Centre site with a 39 storey residential apartment with grade related retail commercial uses (the "Development"). The Development also includes the replacement of 25 existing residential rental units. As a precondition to enacting the Zoning By-law Amendment, Council required the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act which secured, among other things, a monetary contribution (the "Monetary Contribution") and required the Owner to construct and complete a social facility (the "Social Facility"), along with a child care facility (the "Child Care Facility"). The Section 37 Agreement was executed and registered on title on June 15, 2015. The amount of the Monetary Contribution paid by the Owner to the City on January 28, 2018 was $3,916,202.40. Amendments to the Section 37 Agreement and Zoning By-law 527-2015 are now required as a result of changed circumstances. First, the Owner has requested that the delivery of the Child Care Facility and the Social Facility be delayed by a further four (4) months. Second, the Owner has requested that the execution and registration of the leases between the Owner and the City for the Child Care Facility and for the Social Facility be timed to coincide with the delivery of these spaces to the City. Third, the owner has requested that a portion of the Monetary Contribution be directed toward furnishing and equipping the Child Care Facility. Children's Services Staff are satisfied that the requested delays are acceptable. The Section 37 agreement must be amended to allow for these extensions of time, and Council must direct that the Zoning By-law be amended. This matter is time sensitive and urgent because without the requested extension of time for the delivery of the Child Care Facility and the Social Facility, the Owner will be in breach of its obligations pursuant to the Section 37 Agreement as of December 31, 2018, before the next meeting of Council.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council authorize an amendment to the Section 37 Agreement to provide that the Owner shall register the executed leases for the Child Care Facility and the Social Facility, obtain and deliver a title opinion, at the Owner's sole cost and expense in accordance with the requirements of the Section 37 Agreement, prior to the completion of the Child Care Facility and the Social Facility and, in any event, by no later than the date of the delivery of these facilities to the City. 2. City Council authorize an amendment to the Section 37 Agreement to provide that the Owner shall complete the Child Care Facility and Social Facility and have them ready for occupancy and available to the City and/or the operator within thirty-five (35) months of issuance of the first Above-Grade Building Permit for the Phase 1 Retail Renovations. 3. City Council direct the Chief Planner and Executive Director, City Planning to bring forward By-law amendments to Zoning By-law 527-2015 to the first meeting of North York Community Council in 2019, such amendments to permit a portion of the Monetary Contribution to be directed to furnishing and equipping the Child Care Facility. 4. City Council authorize the City Solicitor and any other necessary staff to take the necessary steps to implement City Council's decision.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize an amendment to the Section 37 Agreement to provide that the Owner shall register the executed leases for the Child Care Facility and the Social Facility, obtain and deliver a title opinion, at the Owner's sole cost and expense in accordance with the requirements of the Section 37 Agreement, prior to the completion of the Child Care Facility and the Social Facility and, in any event, by no later than the date of the delivery of these facilities to the City. 2. City Council authorize an amendment to the Section 37 Agreement to provide that the Owner shall complete the Child Care Facility and Social Facility and have them ready for occupancy and available to the City and/or the operator within thirty-five (35) months of issuance of the first Above-Grade Building Permit for the Phase 1 Retail Renovations. 3. City Council direct the Chief Planner and Executive Director, City Planning to bring forward By-law amendments to Zoning By-law 527-2015 to the first meeting of North York Community Council in 2019, such amendments to permit a portion of the Monetary Contribution to be directed to furnishing and equipping the Child Care Facility. 4. City Council authorize the City Solicitor and any other necessary staff to take the necessary steps to implement City Council's decision.
CC1.11adopted
Further to the Treasurer's Report to Council dated June 18, 2018, this report seeks authority to amend the by-law governing The Corporation of the City of York Employee Pension Plan (York Plan) to implement the OMERS provision for annual CPI-linked inflation adjustments, immediately prior to the merger of the York Plan with the OMERS Plan under the Pension Transfer Agreement (PTA) between OMERS and the City. The Superintendent of Financial Services has made his consent to the transfer of assets from the Plan to the OMERS Plan conditional upon the amendment.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council amend By-law 1428-2017 governing The Corporation of the City of York Employee Pension Plan (the Plan) to: a. strike out the existing formula for conditional annual Post Retirement Adjustments for pensioner benefits in Section 10.04 of the Plan and replace it with the OMERS provision for annual CPI-linked inflation adjustments, allowing for the fact that the section 10.04 increases are effective on July 1 of each year; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. City Council approve an amendment to By-law No. 1428-2017 governing The Corporation of the City of York Employee Pension Plan (the Plan) to: a. strike out the existing formula for conditional annual Post Retirement Adjustments for pensioner benefits in section 10.04 of the Plan and replace it with the OMERS provision for annual CPI-linked inflation adjustments, allowing for the fact that the section 10.04 increases are effective on July 1 of each year; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
MM1.11adopted
This Motion recognizes the work that has been done to reduce road fatalities in Toronto while acknowledging that more must be done. Specifically, the Motion incudes directions and requests on budget allocation, accelerated roll-out, enhanced research partnerships, year-round construction contracting, traffic navigation technology, and school crossing guard improvements. As of December 6, 2018, Toronto Police Service's official traffic fatalities report indicates that 63 traffic fatalities have been recorded this year to date. While lower than the number of road fatalities in 2016, which reached 78 by year end, it is likely that Toronto's end of year traffic fatalities for 2018 will exceed the 63 fatalities recorded in 2017. City Council and staff have worked hard to make our streets safer, particularly for Toronto's most vulnerable road users. In 2016, Council voted unanimously to implement the City's first comprehensive Road Safety Plan - Vision Zero - based on international best practices. Since its introduction, City Council has implemented the plan aggressively, increasing program funding multiple times, and accelerating key elements of the plan on six occasions. By the end of 2018, the City will have installed 74 senior safety zones, 128 school safety zones, and an additional 268 community safety zones. Additional measures taken to reduce traffic fatalities include, but are not limited to, implementation of increased pedestrian walk times at intersections across the city to accommodate safe crossings for older residents and residents with reduced mobility, installation of "watch your speed" driver feedback signs (responsible for having reduced the number of vehicles travelling over the speed limit by up to 34 percent in school zones), and increased enforcement across the City. Without minimizing the significant actions taken on this issue, it is evident that much more must be done to increase road safety. This is particularly true for our most vulnerable road users - cyclists, seniors, children, and residents with limited mobility.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council direct the Budget Committee to consider as part of the 2019 Budget Process the allocation of additional funds to Vision Zero in order to facilitate the accelerated rollout of vital elements of the Vision Zero Project. 2. City Council direct the General Manager, Transportation Services to ensure accelerated implementation of all remaining school safety zones by the end of 2019. 3. City Council request the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in the first quarter of 2019 with specific recommendations to improve and enhance the school crossing guard program recently transitioned to Transportation Services from the Toronto Police Service. 4. City Council request the General Manager, Transportation Services to explore enhanced partnerships with the University of Toronto's Transportation Research Institute or similar Toronto research centres to collaborate on data collection and management and develop new, evidence-based road safety strategies. 5. City Council request the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in the first quarter of 2019 on the feasibility and financial implications of establishing a contract open year-round to expedite the procurement and installation of traffic calming measures. 6. City Council request the General Manager, Transportation Services, to meet with executives at Waze, a popular GPS navigation software app, to discuss methods to reduce the implications of commuter traffic infiltration on local roads, particularly in areas with high numbers of vulnerable road users.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the Budget Committee to consider as part of the 2019 Budget Process the allocation of additional funds to Vision Zero in order to facilitate the accelerated rollout of vital elements of the Vision Zero Project. 2. City Council direct the General Manager, Transportation Services to ensure accelerated implementation of all remaining school safety zones by the end of 2019. 3. City Council request the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in the first quarter of 2019 with specific recommendations to improve and enhance the school crossing guard program recently transitioned to Transportation Services from the Toronto Police Service. 4. City Council request the General Manager, Transportation Services to explore enhanced partnerships with the University of Toronto's Transportation Research Institute or similar Toronto research centres to collaborate on data collection and management and develop new, evidence-based road safety strategies. 5. City Council request the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in the first quarter of 2019 on the feasibility and financial implications of establishing a contract open year-round to expedite the procurement and installation of traffic calming measures. 6. City Council request the General Manager, Transportation Services, to meet with executives at Waze, a popular GPS navigation software app, to discuss methods to reduce the implications of commuter traffic infiltration on local roads, particularly in areas with high numbers of vulnerable road users.
CC1.12adopted
The Treasurer has resigned from the City, effective November 20, 2018. This report recommends that Council approve the appointment of Sandra Califaretti as the Interim Controller (position formerly titled "Treasurer"), until such time as the recruitment process for the permanent replacement has been completed.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council appoint Sandra Califaretti to the position of Interim Controller (formerly titled "Treasurer"), and to the statutory office of Deputy Treasurer of the City of Toronto for the purposes of Section 138 of the City of Toronto Act, 2006, with such appointment to be effective immediately. 2. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision.
Staff recommendation as filed
The Chief Financial Officer recommends that: 1. Sandra Califaretti be appointed to the position of Interim Controller (formerly titled "Treasurer"), and to the statutory office of Deputy Treasurer of the City of Toronto for the purposes of section 138 of the City of Toronto Act, 2006, with such appointment to be effective immediately. 2. City Council authorize the City Solicitor to introduce the necessary bills to give effect to the recommendation in this report.
MM1.12adopted
On November 21, 2018, the Ontario Legislature passed first reading of Bill 62, the Protecting Vulnerable Road Users Act (2018). This Bill, if passed, will allow for increased consequences for any driver involved in a collision that seriously injures or kills a vulnerable road user. Vision Zero, Toronto's first comprehensive road safety plan, has put in place a number of initiatives to protect vulnerable road users. By putting in place the potential for more serious consequences for drivers, this Bill will help to increase the City's resources available to keep road users safe.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council express support to the Province of Ontario with respect to Bill 62, the Protecting Vulnerable Road Users Act (2018).
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council express support to the Province of Ontario with respect to Bill 62, the Protecting Vulnerable Road Users Act (2018).
CC1.13adopted
Appointment of Public Members to the Toronto Local Appeal Body
The Local Appeal Body Nominating Panel interviewed candidates at its meeting on November 23, 2018 and has recommended four public members to City Council for appointment to the Toronto Local Appeal Body. This Item is urgent as there are vacancies on the Toronto Local Appeal Body and filling these positions as soon as possible will address the Toronto Local Appeal Body's current case volumes.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council appoint the following candidates to the Toronto Local Appeal Body for a term ending on December 13, 2022, and until successors are appointed: - Sean Karmali - Justin Leung - Shaheynor Talukder - John Tassiopoulos 2. City Council direct that Confidential Attachments 1, 2 and 3 to the report (November 15, 2018) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body. Confidential Attachments 1, 2 and 3 to the report (November 15, 2018) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Local Appeal Body Nominating Panel. The Local Appeal Body Nominating Panel recommends that: 1. City Council appoint the following candidates to the Toronto Local Appeal Body for a term ending on December 13, 2022, and until successors are appointed: - Sean Karmali - Justin Leung - Shaheynor Talukder - John Tassiopoulos 2. City Council direct that the confidential information contained in Confidential Attachments 1, 2 and 3 to the report (November 15, 2018) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body.
MM1.13adopted
Thorncliffe Park is a dense, apartment neighbourhood located in Ward 15 - Don Valley West. The population is rapidly increasing as a growing number of new immigrants to Canada move into the area. The 2016 census found that 89 percent of the households in Thorncliffe Park are rental units. Approximately 69 percent of the residents of Thorncliffe Park are first-generation Canadians and more than 73 percent do not speak English as a first language. There is a large, underserved youth population in Thorncliffe Park. Almost 30 percent of the population is under the age of 15, while approximately 53 percent of households have an average combined income of less than $50,000 dollars. Community facilities contribute to the economic, health, and social well-being of a neighbourhood. They also play an important role in community-building, placemaking, and inclusion, particularly in communities with below-average household incomes. The Parks and Recreation Facilities Master Plan 2019-2038 specifically identifies Thorncliffe Park as an area where additional program space requirements may emerge due to high growth and the demonstrated need for additional community amenities. A needs assessment is required to evaluate the current and projected population of Thorncliffe Park, with a specific focus on the large population of youth under the age of 18.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation, to initiate a comprehensive needs assessment for the Thorncliffe Park neighbourhood and submit a report on the findings to the Economic and Community Development Committee in the second quarter of 2019. 2. City Council direct the Deputy City Manager, Community and Social Services, in consultation with appropriate staff, to identify a site or sites which may be appropriate for acquisition for a new community centre in the Thorncliffe Park neighbourhood and report to the Economic and Community Development Committee on the findings.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation, to initiate a comprehensive needs assessment for the Thorncliffe Park neighbourhood and submit a report on the findings to the Economic and Community Development Committee in the second quarter of 2019. 2. City Council direct the Deputy City Manager, Community and Social Services, in consultation with appropriate staff, to identify a site or sites which may be appropriate for acquisition for a new community centre in the Thorncliffe Park neighbourhood and report to the Economic and Community Development Committee on the findings.
CC1.14deferred
Global Vision Inc. (the "Applicant") is the owner of the properties municipally known as 50-52 Finch Avenue East (the "Subject Property"). The Applicant applied for official plan and zoning by-law amendments in order to facilitate a proposed redevelopment of the Subject Property. The Applicant has also applied for related site plan approval. The application proposes the redevelopment of the site for a 9 storey mixed use residential and commercial building with 64 residential units, 182 square metres (m²) of ground floor commercial uses, and a total FSI of 5.37 under Zoning By-law No. 7625 (the "Applications"). A total of 42 parking spaces are proposed to be provided on two below grade parking levels. A total of 50 bicycle parking spaces are also proposed to be located below grade. The Applicant appealed the Applications to the Ontario Municipal Board (the "OMB") (now known as the Local Planning Appeal Tribunal) (the "LPAT") due to City Council's failure to make a decision. The appeal is known as LPAT File Nos. PL171419, PL171420, and MM170085. A four day hearing of this appeal is scheduled to be heard by the LPAT on June 11 to 14, 2019. A prehearing for this matter is schedule on January 19, 2019. As a result, the City solicitor is bring this report for the purpose of requesting instructions for the upcoming LPAT prehearing and hearing. Accordingly, this matter is urgent. City Planning has been involved in the preparation of this report.
City Council on December 4, 5 and 13, 2018, deferred consideration of Item CC1.14 to the January 30 and 31, 2019 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Attachment 2, Confidential Attachment 3, to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM1.14adopted
Funding Cycling Infrastructure - by Councillor Mike Layton, seconded by Councillor Brad Bradford
In December 2017, the Province of Ontario announced a $93 million investment in cycling infrastructure as part of Ontario's Climate Change Action Plan. Ontario's Climate Change Action Plan identified an intended investment of $150 to $225 million from cap and trade proceeds over 4 years to support the creation of better cycling networks, more cycling facilities in urban areas, and more bike parking at transit stations and provincially owned, publicly accessible facilities. The intention was for funding to be allocated to the City of Toronto annually over 2017-2018, 2018-2019, 2019-2020 and 2020-2021. To date, the City of Toronto has received only the 2017-2018 funding in the amount of $25,639,263.91, which can be spent until March 31, 2020. 120 municipalities in Ontario, including the City of Toronto, applied to the Ontario Municipal Commuter Cycling funding program. While significant, the funding announced to date is between 37 percent - 62 percent of the total the City of Toronto had hoped to see, meaning a shortfall of between $14,860736.09 and $35,110,736.09 for the cycling infrastructure needed across the city. Furthermore, the current Provincial Government of Ontario did not mention cycling in their policy platform and it is likely that no further funding will be issued under Ontario Municipal Commuter Cycling Program. This leaves a critical gap in funding. At the national level, the Government of Canada needs help from municipalities and provinces to meet its greenhouse gas reduction targets. Canada's long-term infrastructure plan includes more than $180 billion in funding over 12 years. Active transportation projects are currently allowed in the context of public transit spending as part of Infrastructure and Communities Canada's Public Transit Infrastructure Fund, but not structured so as to encourage municipalities across Ontario and the City of Toronto to apply for it for standalone cycling infrastructure. The Government of Canada has options to directly fund municipalities and could use those to ensure that cycling infrastructure projects throughout Ontario go ahead as planned.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council request the Federal Government to fund the shortfall created by the cancellation of provincial contributions to fund cycling infrastructure over the next three years. 2. City Council request the Federal Government to develop a stable long-term walking and cycling infrastructure investment strategy and funding program to which cities and communities across Canada can apply. 3. City Council direct the City Manager to write to the Prime Minister of Canada on behalf of City Council regarding City Council's decision. 4. City Council direct the City Manager to seek partners within the Association of Municipalities of Ontario, the Federation of Canadian Municipalities and other communities throughout Ontario to collaboratively seek support for federal leadership on cycling infrastructure.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the Federal Government to fund the shortfall created by the cancellation of provincial contributions to fund cycling infrastructure over the next three years. 2. City Council request the Federal Government to develop a stable long-term walking and cycling infrastructure investment strategy and funding program to which cities and communities across Canada can apply. 3. City Council direct the City Manager to write to the Prime Minister of Canada on behalf of City Council regarding City Council's decision. 4. City Council direct the City Manager to seek partners within the Association of Municipalities of Ontario, the Federation of Canadian Municipalities and other communities throughout Ontario to collaboratively seek support for federal leadership on cycling infrastructure.
CC1.15amended
Lifetime Wellington Street West Inc. (the "Applicant") is the owner of the property municipally known as 485-489 Wellington Street West (the "Subject Property"). The Applicant applied for a zoning by-law amendment in order to facilitate a proposed redevelopment of the Subject Property. The application proposes a 16-storey building with 431 square metres of commercial space on the first floor and 136 residential units above (the "Application"). The Application is proposed to include 34 parking spaces in two levels of underground parking. The Applicant appealed the Application to the Ontario Municipal Board (the "OMB") (now known as the Local Planning Appeal Tribunal) (the "LPAT") due to City Council's failure to make a decision. The appeal is known as LPAT Case No. PL170348. On September 6 and 8, 2018, the parties to that appeal attended two days of Tribunal-led mediation. A five day hearing is scheduled to be heard by the LPAT on January 21 to 25, 2019, and as a result this matter is urgent. The purpose of this report is to request further instructions for the upcoming LPAT hearing. City Planning has been involved in the preparation of this report.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, subject to an additional requirement that in order to address concerns from the Draper Street Residents Association about mitigating the impacts of construction activities in and around the site, the applicant be required to prepare a Construction Management Plan prior to commencement of construction on the site, to be secured in a legal agreement(s) as appropriate prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated November 30, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as generally shown on the Revised Plans dated November 5, 2018, in Appendix A - Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 2 to7 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer dated November 30, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as generally shown on the Revised Plans dated November 5, 2018, in Appendix A - Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 3 to 7 below. 3. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to continue to work with the owner on the final form of the Zoning By-law amendments to be presented as part of the settlement before the Local Planning Appeal Tribunal; this includes working with the owner to make best efforts to reduce the size, height, and location of the mechanical penthouse to minimize its visual impact and further, the final form of the Zoning By-law amendment shall require that the space occupied by the mechanical penthouse, and as shown on the Revised Plans, shall not be converted to habitable space. 4. City Council authorize the City Solicitor and appropriate City staff to continue to work with the owner on exploring the feasibility of the removal of three existing street posts along Draper Street and install below grade hydro lines and appropriate lighting on the building at the owner's expense up to a maximum contribution of $150,000 (representing $50,000 per street post), and to secure same by way of an agreement pursuant to Section 37 of the Planning Act as a matter of legal convenience as may be required. 5. Upon the issuance of the an order by the Local Planning Appeal Tribunal approving the revised proposal as set out in the Settlement Offer and Revised Plans, subject to City Council's decision, the owner shall immediately withdraw its appeal and/or withdraw its party status to the appeal of the King-Spadina Heritage Conservation District Plan with respect to the property at 485-489 Wellington Street West and any other City-initiated official plan amendments under appeal. 6. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law amendments are in a form satisfactory to the City; b. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has submitted an updated Functional Servicing Report, and updated Hydrogeological Report, and an updated Parking Study, addressing the comments outlined in the memorandum from Engineering and Construction Services dated April 12, 2018, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has submitted all additional information to address the outstanding comments outlined in the memorandum from Engineering and Construction Services dated April 12, 2018, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 7. 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 (December 3, 2018) 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 (December 3, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations, and it contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (December 3, 2018) 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. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Attachment 2, and Confidential Attachment 3 to this report if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM1.15adopted
On March 21 2018, Nicholas (Nick) Cameron was killed while taking an Uber from his apartment in Parkdale to Pearson Airport. The driver of the Uber had been a registered Uber driver for two days. During sentencing, Justice P. Robertson made clear that the driver had received no training and did not know where an important landmark/destination of the City was - Toronto Pearson International Airport. The result was the death of a sensitive, caring and funny young man who touched the lives of many. Nick was a brother, an uncle and a son. He would have just celebrated his 29th birthday. In 2016, City Council voted to remove the vehicle-for-hire training requirements for Private Transportation Companies. Cameron's death illustrates the need to increase the public safety and training requirements for Private transportation Companies and other vehicles-for-hire. Evidence from the investigation following the accident showed that the driver of the Uber had just moved to Toronto from Ottawa and did not seem familiar with the City and he did not seem confident driving on the highway. While the vast majority of rideshare drivers are safe and conscientious, the rules as they are allow unsafe and untrained drivers to pick up and drive members of the public. Nick's story shows the consequences of leaving ride-sharing companies in Toronto under regulated. This summer, the Cameron family started a petition to bring back rideshare safety training in Toronto. To date it has over 20,000 signatures from residents across Toronto. Several media outlets, including the Toronto Star, The Globe and Mail and the CBC have all published stories in support of the need to change Toronto's ridesharing safety and training requirement. Across North America, many other cities and provinces have established robust training requirements for drivers, including: Quebec, Alberta, New York and Chicago.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council request the Executive Director, Municipal Licensing and Standards to include recommendations in the future report on the review of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire on: a. consideration of all measures to increase public safety and the training requirements of Private Transportation Companies and other vehicles-for-hire; including restoring and improving the initial recommendations in the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards (Item LS10.3); and b. a new public reporting process to City Council and the public on the safety records and performance of Private Transportation Companies licence holders and companies.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the Executive Director, Municipal Licensing and Standards to include recommendations in the future report on the review of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire on: a. consideration of all measures to increase public safety and the training requirements of Private Transportation Companies and other vehicles-for-hire; including restoring and improving the initial recommendations in the 2016 staff report; and b. a new public reporting process to City Council and the public on the safety records and performance of Private Transportation Companies licence holders and companies.
CC1.16adopted
740 and 750 York Mills Road and 17 Farmstead Road - Request for Directions
The purpose of this report is to seek instruction for a Local Planning Appeal Tribunal appeal on the above-noted municipal addresses.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (December 3, 2018) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 2018) remain confidential. The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing scheduled for January 31 and February 1, 2019 to oppose the inclusion of temporary permissions in the Zoning By-law amendments for two parking structures. 2. City Council direct the City Solicitor to settle the appeal of the Site Plan Application in accordance with the Local Planning Appeal Tribunal's find order on the Zoning By-law amendment. 3. City Council direct the City Solicitor to request that the Local Planning Appeal Tribunal's final Order on the Zoning By-law amendments be held until receipt of confirmation from the City Solicitor that: a. the final form and content of the Zoning By-laws are satisfactory to the City Solicitor in consultation with the Director of Community Planning, North York District; b. the owner has revised the Stormwater Management Report, if required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. City Council authorize the City Solicitor and necessary staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (December 3, 2018) 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 (December 3, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations.
Staff recommendation as filed
The City Solicitor recommends that: 1. Council adopt the recommendations contained in the Confidential Attachment 1 to this report; and 2. The recommendations contained in the Confidential Attachment 1 and Confidential Appendix "A" to this report be made public at such time as Council adopts the recommendations. All other information contained in the Confidential Attachment 1 is to remain confidential.
CC1.17adopted
At its meeting of May 22-24, 2018 City Council adopted Item CC 41.9, thereby accepting a settlement offer from the appellant, Symington Holdings Ltd. The settlement offer included revised plans showing, most significantly, decreased building heights including a 16-storey tower in the middle of the subject property, a 7 storey mid-rise building fronting onto Symington Avenue, and stacked townhouses on the Perth Avenue and Kingsley Avenue frontages. The settlement, among other matters, also provided for section 37 cash contributions including a $500,000 contribution to the Conseil Scolaire Viamonde (the "Conseil") for improvements to its school yard located immediately to the west of the subject property, contingent on a community use agreement, and a further $250,000 contribution to the City for the purpose of parks improvements in the vicinity of the subject property. Following Council's decision, further discussions occurred between the owner and the Perth Symington Kingsley Residents Association (the "Association"), being a party to the proceeding. The Association took issue with the allocation of the section 37 funds. A further mediation session was held by the Local Planning Appeal Tribunal (the "LPAT") including the City, the appellant and the Association. The appellant and the Association reached a tentative agreement respecting the section 37 contribution including: 1. a reallocation of the City's component of the section 37 contribution towards local improvements rather than strictly park improvements; and 2. revised wording to allow the Association to provide input in terms of the design and the public's use of the Conseil's school yard. The City was unable to commit to either of the above noted changes to the settlement in the absence of further Council direction and committed to reporting to seek instructions from Council at the earliest opportunity. Accordingly, the City Solicitor requires further direction on an urgent basis.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council adopt the confidential recommendation in Confidential Attachment 1 to the report (November 9, 2018) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendation in Confidential Attachment 1 to the report (November 9, 2018) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 9, 2018) from the City Solicitor remain confidential. The confidential recommendation in Confidential Attachment 1 to the report (November 9, 2018) from the City Solicitor was adopted by City Council and is now public, as follows: 1. City Council approve the Proposed Revised Section 37 Wording as contained in Public Attachment 1 to the report (November 9, 2018) from the City Solicitor. The balance of Confidential Attachment 1 to the report (November 9, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendation contained in Confidential Attachment 1; and 2. If the confidential recommendation contained in Confidential Attachment 1 is adopted, that City Council authorize the public release of the confidential recommendation contained in Confidential Attachment 1, but that the balance of Confidential Attachment 1 remain confidential.
CC1.18amended
The purpose of this report is to seek instruction for Local Planning Appeal Tribunal (LPAT) appeals on the above-noted municipal addresses.
City Council on December 4, 5 and 13, 2018, adopted the following: 1. Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle. 2. City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1 to the report (December 3,2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle; and b. Confidential Appendix A, Revised Confidential Appendices B1 and B2 on file with the City Clerk and Confidential Appendix C. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices B, D, E, F and G to the report (December 3, 2018) from the City Solicitor remain confidential. The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer attached as Appendix "A", Revised Appendices "B1" and "B2", and Appendix "C" to this Confidential Attachment, and City Council direct the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing in support of the settlement in accordance with the Settlement Offer, subject to the resolution of outstanding matters outlined in Parts 2, 3, 4 and 5 below. 2. City Council authorize the City Solicitor and other appropriate City Staff to continue discussions on the outstanding matters with a view to resolving them to the satisfaction of the Chief Planner and Executive Director, City Planning, in particular the following changes to the portion of the building within the Mixed Use Areas designation: a. the windows on the north façade of the mixed use portion of the building must be removed from the 3rd and 4th floors; b. the balcony from the north façade of the mixed use portion of the building must be removed from the 4th floor; and c. the windows from the south façade of the mixed use portion of the building must be removed from the 3rd and 4th floors. 3. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act in the amount of $1,000,000.00. 4. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its 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 the owner has entered into a Section 37 to secure: a. Section 37 benefits referred to in Part 3 above to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for local area park improvements in the new Ward 8 and/or public realm improvements along Bathurst Street in the new Ward 8; b. the cash contribution will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; and c. other matters as a matter of legal convenience, including road improvements to Glencairn Avenue to support the proposed development, such as a new eastbound left turn lane into the site. 5. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its 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 Rental Housing Declaration of Use and Screening form submitted by the applicant has been approved by the Chief Planner and Executive Director, City Planning; and b. all the outstanding comments and requirements within the Engineering and Construction Services Memorandum dated March 7, 2018, as well as the following requirements, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services: i. the Hydrogeological report is revised to satisfactorily address the quality of discharge to meet sewer by‐law requirements; ii. the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities or alternatively describes how construction dewatering will not require discharge to a city sewer (short‐term); iii. the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities for the proposed building (long‐term) including any certification letters required by the City; iv. the Mechanical Engineer is designed and provides the groundwater pump peak discharge rate for the proposed Private Water Drainage System; v. provision of storm sewer analysis for the storm sewer on Glencairn Avenue up to the connection point where it joins the existing connection coming from Forest Wood Storm Sewer; vi. submission of a Sanitary Sewer Analysis, including a complete drainage area plan with populations and detailed explanation of infiltration rate source and HGL analysis and profiles; vii. submission of a Hydrant Pressure and Volume Test; viii. the owner has entered into a financially secured Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that infrastructure upgrades are required to support the development, according to the Stormwater Management Study, Sanitary Sewer Analysis and Hydrant Pressure and Volume Test accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; ix. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681; and x. financial securities have been provided and any agreements have been entered into to complete the work prior to the first above grade building permit as required by the City, to secure any upgrades or required improvements to the existing municipal infrastructure identified in the reports required as per condition 5.b. above to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Transportation Services. 6. City Council authorize the City Solicitor and necessary staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, Revised Appendices B1 and B2 and Confidential Appendix C to the report (December 3, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 and Confidential Appendices B, D, E, F and G to the report (December 3, 2018) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations.
Staff recommendation as filed
The City Solicitor recommends that: 1. Council adopt the recommendations contained in the Confidential Attachment 1 to this report; and 2. The recommendations contained in the Confidential Attachment 1 to this report and the information contained in Appendix "A" and Appendix "B" to the Confidential Attachment 1 be made public at such time as Council adopts the recommendations. All other information (Appendices "C", "D", "E", "F", and "G") contained in the Confidential Attachment 1 is to remain confidential.