Toronto City Council
The full agenda, as filed
All 26 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 26Show 2550100all
BL21.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills. Consolidated Bills Index for May 28, 2020 City Council Meeting http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2020.CC21
City Council on May 28, 2020, enacted By-laws 370-2020 to 415-2020.
CC21.1amended
City of Toronto Service Restart and Recovery Update
This report provides a brief update on the City's ongoing COVID-19 emergency response activities and a description of the status and plans to restart some City services and support the reopening of Toronto's businesses. This report also provides an overview of the Toronto Office of Recovery and Rebuild, its initial activities and the approaches City staff are taking to re-imagine how the City will conduct business and deliver service in the emerging context of the ongoing pandemic. Additional information is provided in response to City Council's request for specific information related to impacts due to the pandemic on the Committee of Adjustment process and applications as well as the building permit process including plans to restart and address backlogs.
City Council on May 28, 2020, adopted the following: 1. City Council direct that any negotiations with the Provincial and Federal governments on financial assistance should not only be a one-time payment to deal with 2020 financial problems, but should also include consideration of revenue tools and/or direct financial assistance for future years for transit, housing, child care, and public health, among other priority areas. 2. City Council direct that any proposal to which the City is party for an economic stimulus plan be guided by climate change mitigation principles. 3. City Council direct the City Manager to establish a process for consulting with Torontonians on the financial and program details of the economic recovery plan, such consultation should include a diverse array of voices, including, organized labour, women, Black, Indigenous, racialized communities, people with lived experience of poverty, people living with disabilities, LGBTQ2S+ and other socially marginalized groups. 4. City Council request the Chief Recovery and Rebuild Officer, in consultation with the Director, Indigenous Affairs Office, and other appropriate City staff, to take into consideration the Aboriginal Affairs Advisory Committee's concerns and suggestions on mitigating the impacts of COVID-19 on the Indigenous community in preparation for the recovery and rebuild strategies, including: a. naming a Reconciliation In COVID-19 Recovery Lead, ensuring that the Toronto Office of Recovery and Rebuild appoint Indigenous peoples and recognize their leadership in the research and consultation process; and b. gathering feedback from the Aboriginal Affairs Advisory Committee once staff have conducted community engagement and consultation. 5. City Council request the City Manager and the Medical Officer of Health, in consultation with the Peel Public Health Unit and the Federal Government, to report to the June 29 and 30, 2020 meeting of City Council on the adequacy of screening practices at Pearson International Airport and their impact on preventing the spread of COVID-19 in Toronto, such report to include a comparison with global best practices for airports. 6. City Council request the City Manager, in consultation with the City Solicitor, the Medical Officer of Health and other City Officials as required, to report to the June 29 and 30, 2020 meeting of City Council on the ability of the City to require the wearing of masks or face coverings by the public within permitted businesses, offices and public gathering places so as to ensure that the re-opening of permitted businesses and activities is done in a manner which protects the health and safety of the public. 7. City Council request the City Manager, in prioritizing outstanding reports to Council, using a pandemic response lens, and an economic recovery and rebuild lens, to consider prioritizing the following: a. the Youth Services Review; and b. the Community Safety and Well-Being Report. 8. City Council direct the City Manager to request the Province, in light of the COVID-19 pandemic, to put a pause on new Cannabis shop licence applications filed after March 15, 2020 when the COVID-19 Pandemic was declared, until City of Toronto residents are able to have input and be properly consulted during the 15 day public notice period, as promised by the legislation. 9. City Council request the City Manager, in consultation with the Medical Officer of Health and the Chief Recovery and Rebuild Officer to prepare a report which outlines a strategic plan to protect the people of Toronto from a possible second wave of the COVID-19 Pandemic. 10. City Council direct the City Clerk, in consultation with the Medical Officer of Health, to prepare for an in-person meeting of City Council, to be held at the next regularly scheduled meeting, subject to public health conditions permitting a meeting to be held in-person at that time. 11. City Council request the City Clerk to update Members of Council on the Continuity of Government Plan in place for City Council, Council Committees and its Agencies and Corporations during emergencies, including pandemics. 12. City Council direct the City Clerk to develop a safety plan so Councillors and their staff can begin the process of returning to their City Hall offices. 13. City Council request the Director, 311 Toronto, in consultation with the Executive Director, Municipal Licensing and Standards, the General Manager, Parks, Forestry and Recreation, and the General Manager, Transportation Services, to implement a mechanism to capture and record citizen enforcement requests and complaints put through 311 even if the enforcement action has been suspended due to COVID-19. 14. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Medical Officer of Health, to expedite the evaluation of the Backyard Hen Pilot, from a food security perspective, in their recovery plans. 15. City Council extend its thanks to the North York Harvest Food Bank and similar organizations for their great work and City Council request the General Manager, Parks, Forestry and Recreation to reconsider interim notices given to the North York Harvest Food Bank to vacate two community centres where they are currently providing food bank services on a temporary basis and to negotiate a shared space arrangement with the food banks. 16. City Council direct the Director, Office of Emergency Management, during the next iteration of the publication "Your Personal Prepardness Guide" to include in the section entitled "Health Emergencies" more advice and actions individuals should take in response to a pandemic or similar widespread threatening infectious emergency.
Staff recommendation as filed
The City Manager recommends that: 1. City Council receive this report for information.
RM21.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:46 a.m. Speaker Nunziata took the Chair and called the Members to order. Speaker Nunziata advised that, as Council is conducting an electronic meeting today, it would dispense with the National Anthem. Speaker Nunziata further advised that today is the second meeting of City Council held with Members participating remotely and that the City Clerk has confirmed that a quorum of Members is present. Members of Council observed a moment of silence and remembered: Father Massey Lombardi Mario Napolitano, and Danny Sardelis. 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: Members of Council, this special meeting has been called to consider the following: 1. New business from City Officials deemed urgent by the Mayor, in consultation with Members and City Officials. 2. Other matters deemed urgent by the Mayor, in consultation with Members and City Officials, and published on the main agenda. and 3. General Bills and Confirming Bills. The City Clerk has posted all of the agenda materials for today's meeting at toronto.ca slash council. Members, this is a special meeting. Under Council's Procedures, no other business such as Notices of Motions, may be introduced. This rule cannot be waived. Members, before I begin our opening routines, I want to emphasize that today's Council meeting is being conducted publicly and is being streamed live on YouTube. I want to welcome the public who are watching our meeting this morning. Members, you will have dedicated IT support throughout today's meeting. If you need to reach them, the City Clerk has provided you contact information. Staff will also be available to answer questions and will appear on the meeting console as needed. Members, based on feedback from our last meeting and experience with other electronic meetings, we have made some adjustments to the voting process. When we come to a vote, I will ask for a show of hands. If a recorded vote is requested, the City Clerk will unmute all Members' mics before we begin. The Clerk will call Members in alphabetical order by last name. We think this new process will be faster and more predictable for Members.
CC21.2adopted
Property Tax Payment Deferral Program due to COVID-19 Impacts
This report recommends adoption of a property tax payment deferral program to allow residents and businesses who have no other financial options and are affected by the COVID-19 pandemic to request additional time to pay their property taxes without incurring late payment penalties or interest charges. This program will further assist business and residential property owners faced with severe financial difficulties due to the COVID-19 pandemic beyond the 60-day grace period for property taxes that was implemented by the Mayor's Economic Support and Recovery Task Force and approved by City Council.
City Council on May 28, 2020, adopted the following: 1. City Council approve the property tax payment deferral program set out in the report (May 21, 2020) from the Chief Financial Officer and Treasurer to allow impacted residential and business property owners who have no other financial options to use an online application process to request additional time to pay their taxes without incurring late payment penalties or interest charges during the six month period between June 1, 2020 to November 30, 2020, and City Council delegate authority to the Controller and designates to administer the program based on the eligibility criteria set out in the report (May 21, 2020) from the Chief Financial Officer and Treasurer. 2. City Council amend City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to implement the property tax payment deferral program set out in Part 1 above. 3. City Council authorize the introduction of the necessary Bills in Council to give effect to City Council's decision.
Staff recommendation as filed
The Chief Financial Officer and Treasurer recommends that: 1. City Council approve the property tax payment deferral program set out in this report to allow impacted residential and business property owners who have no other financial options to use an online application process to request additional time to pay their taxes without incurring late payment penalties or interest charges during the six month period between June 1, 2020 to November 30, 2020, and delegate authority to the Controller and his designates to administer the program based on the eligibility criteria set out in this report. 2. City Council authorize amendments to the City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to implement the property tax payment deferral program set out in Recommendation 1. 3. City Council authorize the introduction of the necessary bills in Council to give effect to Council's decision.
RM21.2adopted
Introduction of Committee Reports and New Business from City Officials
Board of Health Item HL16.2 General Government and Licensing Committee Item GL12.13 North York Community Council Items NY14.3 and NY14.4 Scarborough Community Council Item SC14.1 Toronto and East York Community Council Items TE14.4, TE14.6, TE14.7, TE14.10, TE14.11. TE14.13, TE14.34, TE14.56 and TE14.73. New Business submitted by City Officials
Committee Report Items and New Business were presented to City Council for consideration.
CC21.3amended
Creating New Affordable Housing Opportunities through Phase Two of the Housing Now Initiative
On December 13, 2018, City Council approved the Housing Now Initiative to activate 11 City-owned sites ("Phase One") for the development of affordable housing within mixed-income, mixed-use and transit-oriented communities. Phase One of the Housing Now Initiative is estimated to create approximately 10,750 new residential units with approximately 7,800 being purpose-built rental housing, including almost 3,900 affordable rental units. Work is well underway to advance Phase One of the Housing Now Initiative. This report recommends Council's approval of six additional sites (outlined in Appendix I) to the Housing Now Initiative. The additional six sites (the "Phase Two Sites") are estimated to add between 1,455 and 1,710 new residential units to the program, including approximately 1,060 to 1,240 purpose-built rental units with approximately 530 to 620 being affordable rental units. In addition, the report recommends Council's approval of an estimated $47,652,480 in Open Door incentives to support the delivery of up to 620 homes. Expanding the Housing Now Initiative recommended in this report will complement other City initiatives to increase the supply of permanent affordable housing for low-and-moderate income residents. It will also contribute toward the City's target of approving 40,000 affordable rental units, including 18,000 supportive housing units, over the next 10 years as outlined in the HousingTO 2020-2030 Action Plan. Increasing the supply of permanent affordable rental housing is of particular significance at this time due to the COVID-19 pandemic. The pandemic has quickly highlighted that access to a safe, secure and affordable home is essential to a person's health and well-being, and the overall well-being of our society. Increasing affordable housing opportunities for residents will also make a profound contribution towards our socio-economic recovery from the pandemic. Specifically, investments in residential construction deliver one of the largest economic multiplier effects, with a total of 10 jobs created (including five direct and five additional indirect and induced jobs) for each one million dollars invested in housing[1]. Expanding programs such as Housing Now will help get people back to work, while creating a range of much-needed housing. Investments in permanent housing would also significantly reduce costs to the health care, emergency shelter and justice systems. Implementation of the Housing Now Initiative and the larger HousingTO 2020-2030 Action Plan will require a strong partnership among all orders of government. Increased investments in permanent affordable housing and a quick deployment of resources are necessary to recover from the pandemic and build our resilience as a city, region and country. Additionally, support and participation from the non-profit and private sectors will be essential to help deliver these outcomes.
City Council on May 28, 2020, adopted the following: Land Considerations 1. City Council direct the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to review, on an expedited basis, the six sites identified in Appendix 1 (the "Phase Two Sites") to the report (May 25, 2020) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services, including any prior terms of transfer that have been approved by City Council, and City Council authorize the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to determine, in consultation with the City Manager, whether such terms should be amended in order to achieve the objectives of the Housing Now Initiative. 2. City Council authorize the Deputy City Manager, Corporate Services, where it is determined such action is appropriate to achieve the objectives of the Housing Now Initiative, to declare all or portions of each of the Phase Two Sites surplus, and to amend any prior declaration(s) of surplus, subject to the retention of those areas and interests as have been determined critical to the operational requirements of a division or agency. 3. City Council amend the existing delegated approvals and signing authorities in Item 2017.EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, adopted by City Council on October 2, 3 and 4, 2017, to authorize the Deputy City Manager, Corporate Services and the Chief Financial Officer and Treasurer to approve any lease, transfer and other property transactions involving these Phase Two Sites for the purpose of achieving the City's affordable housing objectives notwithstanding that the related compensation may exceed $5 Million Dollars, and City Council authorize the Deputy City Manager, Corporate Services and the Chief Financial Officer and Treasurer to treat the estimated value of the rental savings that will be realized by tenants of the affordable housing units as compensation received by the City when assessing whether a proposed transaction reflects market value, provided that the Executive Director, Housing Secretariat and the Board of CreateTO or the Board of Directors of the relevant CreateTO corporate entity concur with the proposed transaction terms. 4. City Council waive the restrictions of Section 2.4(a) of the shareholder direction of Build Toronto Inc., controlled by the Board of CreateTO, solely for transactions relating to the Phase Two Sites on terms and conditions satisfactory to the City Manager and in a form approved by the City Solicitor, and allow for donations or similar contributions to any charity or charitable organization, or to a non-profit organization for the purpose of facilitating the provision of affordable housing units at the Phase Two Sites where determined appropriate by the CreateTO Board of Directors, in consultation with the Deputy City Manager, Corporate Services and the Executive Director, Housing Secretariat. 5. City Council authorize the Deputy City Manager, Corporate Services to approve the transfer of title to any of the Phase Two Sites, or a portion thereof to corporate entities controlled by the Board of CreateTO at nominal consideration where permitted by law, and where the Deputy City Manager, Corporate Services, the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO have agreed upon the terms of transfer that will be reflected in a Transfer Agreement between the City and the corporate entity controlled by the CreateTO Board. 6. City Council request the Executive Director, Housing Secretariat to consider as part of the Housing Now Initiative, the dedication of sites for Indigenous housing projects, and the ownership of land to reflect the City's commitment to reconciliation and the commitment to support building capacity amongst Indigenous organizations and to examine existing leases where Land or building ownership might be able to be transferred to Indigenous organizations. Planning Process 7. City Council request the Chief Planner and Executive Director, City Planning to: a. provide key planning principles and guidelines for each of the Phase Two Sites to be included as part of the public market offering process; b. expeditiously advance Official Plan Amendments, Zoning By-law Amendments and plans of subdivision required to prepare the properties for marketing and ensure a range of housing opportunities within each of the Phase Two Sites; and c. support the Housing Now Initiative by implementing an expedited review process and setting timelines for the completion of review of the related development applications submitted by the selected developers of each site. Affordable Housing Program 8. City Council approve an overall development target across the Phase Two Sites including a minimum of one-third affordable rental units (with average rents not to exceed 80 percent of annual Canada Mortgage and Housing Corporation average market rent), a minimum of one-third market rental housing, and a maximum of one-third ownership homes. 9. City Council request the Executive Director, Housing Secretariat to explore opportunities and partnerships with other orders of governments and non-profit organizations to achieve a target of 50 percent affordable housing on each of the Housing Now sites. 10. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services, in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee on measures to limit annual rent increases on market rental units in all Housing Now Initiative sites, and, as part of the annual Housing Now Initiative Update report, on any proposed changes to the current accessibility standards under the program. 11. City Council exempt the up to 620 affordable rental homes anticipated to be developed throughout the Phase Two Sites, from taxation for municipal and school purposes for the term of the municipal housing facility agreement, with the property tax exemption having an estimated net present value of approximately $18,093,019 over 99 years. 12. City Council authorize the Executive Director, Housing Secretariat to offer the Open Door incentives for affordable rental housing, for the term of affordability, and to exempt the affordable rental housing, including any applicable ancillary and related, parking amenity space on the Phase Two Sites from the payment of development charges and provide a waiver of all planning and building permit fees and parkland dedication fees. 13. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, municipal housing facility agreements (the City's Contribution Agreement) with the developers chosen for each of the Phase Two Sites, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 14. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents required by the developers of the Phase Two Sites to secure construction and conventional financing and subsequent refinancing, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council. 15. City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Deputy City Manager, Community and Social Services, to provide any consent necessary to transfer or encumber the Phase Two Sites or the affordable rental housing portion thereof, and to negotiate and enter into any agreements or other documents required to effect any future transfer or assignment of any of the Phase Two Sites or the affordable rental housing portion thereof, and the associated legal agreements with the City to another legal entity, on terms and conditions satisfactory to them and in a form approved by the City Solicitor. 16. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the Municipal Housing Facility Agreement. Funding and Budget Considerations 17. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services, in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee, as part of the annual Housing Now Initiative Update report, on any funding required to activate the Phase Two Sites. 18. City Council direct the Chief Financial Officer and Treasurer to transfer any proceeds from the sale or lease of any of the Phase One properties identified in Appendix 3 to the report (January 11, 2019) from the City Manager, Item 2019.EX1.1, and the additional Phase Two Sites to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be administered by the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, the Deputy City Manager, Community and Social Services, and the Deputy City Manager, Corporate Services, and be used to offset costs directly related to implementing the Housing Now Initiative including: preparing the properties for marketing including undertaking necessary environmental studies and remediation; market analyses; planning and other consultant studies; legal costs; overhead and administration costs; relocation costs; costs of on-site City programming requirements; costs of required on- or off-site infrastructure upgrades or improvements; funding shortfalls, etc. 19. City Council direct the Deputy City Manager, Community and Social Services to compensate CreateTO for provision by CreateTO of the services referred to in Part 18 above, with payment to be made on a cost-recovery basis from the Capital Revolving Reserve Fund for Affordable Housing, utilizing the proceeds from the sale or lease of any of the Phase One properties. Market Offering Process 20. City Council direct the utilization of the Phase Two Sites identified in Appendix 1 to the report (May 25, 2020) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services for the Housing Now Initiative through a market offering process with a priority of retaining public ownership through long-term land leases. 21. City Council direct the Deputy City Manager, Corporate Services, the Deputy City Manager, Community and Social Services, and the Chief Financial Officer and Treasurer to approve the business case and marketing offering process for each property provided that the Executive Director, Housing Secretariat and the CreateTO Board of Directors or the Board of Directors of the relevant CreateTO corporate entity, concur with the proposed business case and market offering process. 22. City Council direct the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Housing Secretariat to administer the market offering process for the Phase Two Sites and utilize its existing pre-qualified Broker roster to expedite marketing, where required, and to negotiate the leases, purchase agreements and other contracts with the successful development partners, other than the municipal housing facility agreements in Part 13 above, and subject to the approvals required in Part 21 above. 23. City Council direct the Executive Director, Housing Secretariat, in consultation with the Chief Executive Officer, CreateTO, to administer the market offering process for sites designated exclusively for non-profit participation, and to negotiate the leases, purchase agreements and other contracts with the successful non-profit development partners. 24. City Council request the Executive Director, Housing Secretariat to work with the Chief Executive Officer, CreateTO, the Deputy City Manager, Corporate Services, and the Chief Financial Officer and Treasurer in overseeing the market offering process related to the Phase Two Sites including the selection of preferred proponents, and the co-ordination of government funding and financing incentives to ensure that the affordable housing projects are financially viable. 25. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO to encourage the involvement and participation of non-profit and co-operative housing organizations in the market offering process for the Phase Two Sites, and to provide greater consideration to submissions that exceed the affordable rental and market rental housing delivery targets and increase supportive housing opportunities. 26. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Social Development, Finance and Administration, to incorporate, in the market offering process measurable community benefits opportunities, such as social procurement and apprenticeship, training, and/or other hiring opportunities for people from equity-seeking communities. 27. City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to ensure the Housing Now components of 1627 and 1675 Danforth Avenue have regard for, support and help advance the market offering for the overall site masterplan. Other Considerations 28. City Council authorize the Deputy City Manager, Community and Social Services to request the Federal Government, through the Canada Mortgage and Housing Corporation, to: a. approve a portfolio approach to the funding and financing of the Phase Two Sites identified in Appendix 1 to the report (May 25, 2020) from the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services; and b. consider the City's previous requests for the Federal Government to dedicate surplus lands in Toronto to be utilized for increasing the supply of affordable and purpose-built rental housing. 29. City Council authorize the Deputy City Manager, Community and Social Services to request the Ontario Government to support the creation of supportive housing opportunities as part of the Housing Now Initiative by providing assistance to individuals with housing and support needs through the provision of operating, and to identify surplus lands within Toronto be utilized to create new mixed-income communities, with new affordable rental homes, including supportive housing opportunities.
Staff recommendation as filed
The Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services recommend that: Land Considerations 1. City Council direct the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to review, on an expedited basis, the six sites identified in Appendix 1 (the "Phase Two Sites"), including any prior terms of transfer that have been approved by Council, and authorize them to determine, in consultation with the City Manager, whether such terms should be amended in order to achieve the objectives of the Housing Now Initiative. 2. City Council authorize the Deputy City Manager, Corporate Services, where it is determined such action is appropriate to achieve the objectives of the Housing Now Initiative, to declare all or portions of each of the Phase Two Sites surplus, and to amend any prior declaration(s) of surplus, subject to the retention of those areas and interests as have been determined critical to the operational requirements of a division or agency. 3. City Council amend the existing delegated approvals and signing authorities in Item EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, adopted by City Council on October 2, 3 and 4, 2017, to authorize the Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer to approve any lease, transfer and other property transactions involving these Phase Two Sites for the purpose of achieving the City's affordable housing objectives notwithstanding that the related compensation may exceed $5 Million Dollars, and authorize the Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer to treat the estimated value of the rental savings that will be realized by tenants of the affordable housing units as compensation received by the City when assessing whether a proposed transaction reflects market value, provided that the Executive Director, Housing Secretariat, and the Board of CreateTO or the Board of Directors of the relevant CreateTO corporate entity concur with the proposed transaction terms. 4. City Council waive the restrictions of Section 2.4(a) of the shareholder direction of Build Toronto Inc., controlled by the Board of CreateTO, solely for transactions relating to the Phase Two Sites on terms and conditions satisfactory to the City Manager and in a form approved by the City Solicitor, and allow for donations or similar contributions to any charity or charitable organization, or to a non-profit organization for the purpose of facilitating the provision of affordable housing units at the Phase Two Sites where determined appropriate by the CreateTO Board of Directors, in consultation with the Deputy City Manager, Corporate Services and the Executive Director, Housing Secretariat. 5. City Council authorize the Deputy City Manager, Corporate Services, to approve the transfer of title to any of the Phase Two Sites, or a portion thereof to corporate entities controlled by the Board of CreateTO at nominal consideration where permitted by law, and where the Deputy City Manager, Corporate Services, the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO have agreed upon the terms of transfer that will be reflected in a Transfer Agreement between the City and the corporate entity controlled by the CreateTO Board. Planning Process 6. City Council request the Chief Planner and Executive Director, City Planning, to: a. provide key planning principles and guidelines for each of the Phase Two Sites to be included as part of the public market offering process; b. expeditiously advance Official Plan Amendments and Zoning By-law Amendments and plans of subdivision required to prepare the properties for marketing and ensure a range of housing opportunities within each of the Phase Two Sites; and c. support the Housing Now Initiative by implementing an expedited review process and setting timelines for the completion of review of the related development applications submitted by the selected developers of each site. Affordable Housing Program 7. City Council approve an overall development target across the Phase Two Sites including a minimum of one-third affordable rental units (with average rents not to exceed 80% of annual Canada Mortgage and Housing Corporation average market rent), a minimum of one-third market rental housing, and a maximum of one-third ownership homes. 8. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee on measures to limit annual rent increases on market rental units in all Housing Now Initiative sites, and, as part of the annual Housing Now Initiative Update report, on any proposed changes to the current accessibility standards under the program. 9. City Council exempt the up to 620 affordable rental homes anticipated to be developed throughout the Phase Two Sites, from taxation for municipal and school purposes for the term of the municipal housing facility agreement, with the property tax exemption having an estimated net present value of approximately $18,093,019 over 99 years. 10. City Council authorize the Executive Director, Housing Secretariat to offer the Open Door incentives for affordable rental housing, for the term of affordability, and to exempt the affordable rental housing, including any applicable ancillary and related, parking amenity space on the Phase Two Sites from the payment of development charges and provide a waiver of all planning and building permit fees and parkland dedication fees. 11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, municipal housing facility agreements (the City's Contribution Agreement) with the developers chosen for each of the Phase Two Sites, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor. 12. City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents required by the developers of the Phase Two Sites to secure construction and conventional financing and subsequent refinancing, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council. 13. City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Deputy City Manager, Community and Social Services, to provide any consent necessary to transfer or encumber the Phase Two Sites or the affordable rental housing portion thereof, and to negotiate and enter into any agreements or other documents required to effect any future transfer or assignment of any of the Phase Two Sites or the affordable rental housing portion thereof, and the associated legal agreements with the City to another legal entity, on terms and conditions satisfactory to them and in a form approved by the City Solicitor. 14. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement. Funding and Budget Considerations 15. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee, as part of the annual Housing Now Initiative Update report, on any funding required to activate the Phase Two Sites. 16. City Council direct the Chief Financial Officer and Treasurer to transfer any proceeds from the sale or lease of any of the Phase One properties identified in Appendix 3 of report EX1.1 (January 11, 2019) and the additional Phase Two Sites to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be administered by the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, the Deputy City Manager, Community & Social Services and the Deputy City Manager, Corporate Services, and be used to offset costs directly related to implementing the Housing Now Initiative including: preparing the properties for marketing including undertaking necessary environmental studies and remediation, market analyses, planning and other consultant studies; legal costs; overhead and administration costs; relocation costs; costs of on-site City programming requirements; costs of required on- or off-site infrastructure upgrades or improvements; funding shortfalls, etc. 17. City Council direct the Deputy City Manager, Community and Social Services to compensate CreateTO for provision by CreateTO of the services referred to in Recommendation 16, with payment to be made on a cost-recovery basis from the Capital Revolving Reserve Fund for Affordable Housing, utilizing the proceeds from the sale or lease of any of the Phase One properties. Market Offering Process 18. City Council direct the utilization of the Phase Two Sites identified in Appendix 1 for the Housing Now Initiative through a market offering process with a priority of retaining public ownership through long-term land leases. 19. City Council direct the Deputy City Manager, Corporate Services, Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer to approve the business case and marketing offering process for each property provided that the Executive Director, Housing Secretariat and the CreateTO Board of Directors or the Board of Directors of the relevant CreateTO corporate entity, concur with the proposed business case and market offering process. 20. City Council direct the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Housing Secretariat to administer the market offering process for the Phase Two Sites and utilize its existing pre-qualified Broker roster to expedite marketing, where required, and to negotiate the leases, purchase agreements and other contracts with the successful development partners, other than the municipal housing facility agreements in Recommendation 11 above, and subject to the approvals required in Recommendation 19 above. 21. City Council direct the Executive Director, Housing Secretariat, in consultation with the Chief Executive Officer, CreateTO, to administer the market offering process for sites designated exclusively for non-profit participation, and to negotiate the leases, purchase agreements and other contracts with the successful non-profit development partners. 22. City Council request the Executive Director, Housing Secretariat to work with the Chief Executive Officer, CreateTO, Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer in overseeing the market offering process related to the Phase Two Sites including the selection of preferred proponents, and the co-ordination of government funding and financing incentives to ensure that the affordable housing projects are financially viable. 23. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO to encourage the involvement and participation of non-profit and co-operative housing organizations in the market offering process for the Phase Two Sites, and provide greater consideration to submissions that exceed the affordable rental and market rental housing delivery targets and increase supportive housing opportunities. 24. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO in consultation with the Executive Director, Social Development, Finance and Administration to incorporate, in the market offering process measureable community benefits opportunities, such as social procurement and apprenticeship, training, and/or other hiring opportunities for people from equity-seeking communities. Other Considerations 25. City Council authorize the Deputy City Manager, Community and Social Services to request the Federal Government, through the Canada Mortgage and Housing Corporation, to: a. approve a portfolio approach to the funding and financing of the Phase Two Sites identified in Appendix 1 to this report; and b. consider the City's previous requests for the federal government to dedicate surplus lands in Toronto to be utilized for increasing the supply of affordable and purpose-built rental housing. 26. City Council authorize the Deputy City Manager, Community and Social Services to request the Ontario Government to support the creation of supportive housing opportunities as part of the Housing Now Initiative by providing assistance to individuals with housing and support needs through the provision of operating, and to identify surplus lands within Toronto be utilized to create new mixed-income communities, with new affordable rental homes, including supportive housing opportunities.
RM21.3received
Members of Council may file petitions.
City Council on May 28, 2020, received the following petitions for information: 1. Petition submitted by Councillor Gord Perks, Ward 4, Parkdale-High Park, regarding bikeways on Bloor Street, Danforth Avenue, Yonge Street, and on other busy Toronto Transit Commission surface routes, containing the names of approximately 5,478 persons.
CC21.4amended
The Creative Co-Location Facilities Property Tax Subclasses of the commercial, residual commercial and industrial property classes (the "Subclasses") were established by City Council and the Province of Ontario to support the affordability and sustainability of cultural and creative spaces in Toronto. The first application intake for property tax relief was in 2018 with established eligibility criteria for qualifying properties acting as creative hubs with multiple tenants, and a second intake was in 2019 when the criteria were expanded to include membership-based co-working facilities for creative workers and enterprises. The purpose of this report is to amend the eligibility criteria for the Subclasses to strengthen the original intent of the benefit in supporting access to space for creative enterprises and to help address the unprecedented challenges threatening live music venues in Toronto through recommended amendments and expansion of the Subclasses. More specifically, the report recommends that City Council authorize the creation of a third category of eligible properties within the Subclasses to include live music venues where local and grassroots musicians perform. Stringent, objective and enforceable guidelines for eligible portions of properties in which live music venues operate are recommended and include eligibility criteria with consideration for: (A) venue infrastructure; (B) bookings and compensation; (C) creative sector employment; (D) time in operations; and, (E) attendance capacity. In initially approving the Subclasses, Council recognized the public benefit being generated by specific properties in meeting the provincial definition of creative enterprises in producing cultural goods and services. Toronto's live music venues, which are the training ground and launch pad for musical careers, need critical support in the face of ongoing pressures that threaten to close dozens of local venues. The timing of the proposed implementation of the third intake of the Subclasses in 2020 with expanded criteria is related to the City's efforts in COVID-19 recovery for the cultural sector, consistent with the intent of the enabling provincial legislation for the Subclasses and addressing Council directives to promote Toronto as a music city. Staff have consulted closely with industry on the proposed live music venues eligibility criteria through the Toronto Music Advisory Committee (TMAC). Finally, also proposed for the 2020 taxation year is temporarily suspending a portion of the eligibility criteria respecting the tenant-based properties and the membership based co-working facilities since applicants would not be able to fulfill these particular requirements due to the public health protection measures related to the COVID-19 pandemic and the closing of their operations by provincial emergency orders.
City Council on May 28, 2020, adopted the following: 1. City Council approve revised eligibility criteria for the Creative Co-Location Facilities Property Tax Subclasses outlined in Revised Attachment 1 to the report (May 20, 2020) from the General Manager, Economic Development and Culture thereby creating a new live music venue category of eligible properties. 2. City Council amend Toronto Municipal Code Chapter 767, Taxation, to temporarily suspend the application of delivery eligibility criteria respecting free programming and cultural activities for the public at tenant-based properties; and suspending the application of delivery eligibility criteria respecting terms of co-working memberships and professional development services for creative enterprises at membership based co-working facilities as described in the report (May 20, 2020) from the General Manager, Economic Development and Culture, such that these eligibility criteria are not required to be met during the period while public health protection measures remain in effect related to the COVID-19 pandemic. 3. City Council authorize the City Solicitor to submit the bills necessary to amend Toronto Municipal Code Chapter 767, Taxation, Property Tax, to give effect to City Council's decision. 4. City Council direct the General Manager, Economic Development and Culture to report to the Toronto Music Advisory Committee on the impact of the Creative Co-Location Facilities Property Subclasses on live music venues and the status of its administrative process within twelve months. 5. City Council request the General Manager, Economic Development and Culture to include in the report back in Part 4 above detailed information on the locations, names and beneficiaries, and amounts of property tax reductions to performance venues. 6. City Council increase the Non Program Tax Deficiencies 2020 Budget by $1.06 million gross with a corresponding withdrawal from Assessment Appeal Stabilization Reserve (XQ0706), for $0 million net change to fund the tax relief measures in this report for 2020 taxation year.
Staff recommendation as filed
The General Manager, Economic Development and Culture, recommends that: 1. City Council approve revised eligibility criteria for the Creative Co-Location Facilities Property Tax Subclasses outlined in Attachment 1 of this report thereby creating a new live music venue category of eligible properties. 2. City Council approve amendments to Municipal Code Chapter 767, Taxation, to temporarily suspend the application of delivery eligibility criteria respecting free programming and cultural activities for the public at tenant-based properties; and suspending the application of delivery eligibility criteria respecting terms of co-working memberships and professional development services for creative enterprises at membership based co-working facilities as described in this report such that these eligibility criteria are not required to be met during the period while public health protection measures remain in effect related to the COVID-19 pandemic. 3. City Council authorize the City Solicitor to submit the bills necessary to amend Municipal Code Chapter 767, Taxation, Property Tax, to give effect to these recommendations. 4. City Council direct the General Manager, Economic Development and Culture to report to the Toronto Music Advisory Committee on the impact of the Creative Co-Location Facilities Property Subclasses on live music venues and the status of its administrative process within twelve months. 5.City Council approve the increase to Non Program Tax Deficiencies 2020 Budget by $1.06 million gross with a corresponding withdrawal from Assessment Appeal Stabilization Reserve (XQ0706), for $0 million net change to fund the tax relief measures in this report for 2020 taxation year.
RM21.4adopted
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 May 28, 2020. Speaker Nunziata, during the morning session of the meeting, advised Members of Council that today is Mayor Tory's birthday. Speaker Nunziata, with Members of Council, wished the Mayor a Happy Birthday.
CC21.5adopted
Authority to Accept Federal Funding for Virtual Canada Day Celebrations
The Economic Development and Culture Division (EDC) has partnered with the federal government (Department of Canadian Heritage) and local cultural organizations to produce a virtual Canada Day event for July 1, 2020. EDC will co-produce the virtual event with Harbourfront Centre and TO Live to highlight the heroes of Toronto's pandemic response efforts as well as the city's artists and neighbourhoods. Content produced for the Toronto event will be featured in the national Canada Day broadcast and related promotion. EDC has received a grant of $547,000 from the Department of Canadian Heritage to produce the virtual Canada Day celebrations. Council authority is required to accept this funding. A one-time budget adjustment is also required to increase the 2020 Approved Operating Budget for Economic Development and Culture by $647,000 gross and $0 net, to account for the federal funding and an additional $100,000 in private sponsorship.
City Council on May 28, 2020, adopted the following: 1. City Council authorize the Deputy City Manager, Community and Social Services to enter into and administer a funding agreement with the Department of Canadian Heritage to accept $547,000 for the production of virtual Canada Day celebrations. 2. City Council increase the Approved 2020 Operating Budget for Economic Development and Culture by $647,000 gross and $0 net, fully funded by a grant of $547,000 from the Department of Canadian Heritage and $100,000 in private sponsorship, to deliver the virtual Canada Day event.
Staff recommendation as filed
The General Manager, Economic Development and Culture, recommends that: 1. City Council authorize the Deputy City Manager, Community and Social Services, to enter into and administer a funding agreement with the Department of Canadian Heritage to accept $547,000 for the production of virtual Canada Day celebrations. 2. City Council increase the 2020 Approved Operating Budget for Economic Development and Culture by $647,000 gross and $0 net, fully funded by a grant of $547,000 from the Department of Canadian Heritage and $100,000 in private sponsorship, to deliver the virtual Canada Day event.
RM21.5amended
City Council will review the Order Paper.
May 28, 2020: City Council adopted the May 28, 2020 Order Paper, as amended, and all other Items not held on consent.
CC21.6adopted
The purpose of this report is to seek authority to amend Blanket Contract 47021793 awarded to Enterprise Rent A Car Company Canada for short-term vehicle rental services. Fleet Services is requesting an additional amount of $5,402,281 net of all applicable taxes ($5,497,361 net of HST recoveries) revising the contract value from $10,929,893 to 16,332,174 net of all applicable taxes ($16,619,620 net of HST recoveries) for the entire duration of the contract, inclusive of all option renewal years. The requested amendment is required to account for the anticipated over-expenditures due to increased demands for short term vehicle requirements from City to support the 2020 Labour Disruption (LD) planning activities and the COVID-19 pandemic. The requested amendment will ensure that the current and future year periods have sufficient value to allow for continuity of service delivery for short-term vehicle rentals to support COVID-19 and service delivery requirements of City Divisions.
City Council on May 28, 2020, adopted the following: 1. City Council authorize the General Manager, Fleet Services to amend Blanket Contract 47021793 with Enterprise Rent A Car Company Canada in the amount of $5,402,281 net of all applicable taxes ($5,497,361 net of HST recoveries) revising the current Blanket Contact value from $10,929,893 to $16,332,174 net of all applicable taxes ($16,619,620 net of HST recoveries) for the entire duration of the contract, inclusive of all option renewal years.
Staff recommendation as filed
The General Manager, Fleet Services and the Chief Purchasing Officer, recommend that: 1. City Council grant authority to the General Manager, Fleet Services to amend Blanket Contract 47021793 with Enterprise Rent A Car Company Canada in the amount of $5,402,281 net of all applicable taxes ($5,497,361 net of HST recoveries) revising the current Blanket Contact value from $10,929,893 to $16,332,174 net of all applicable taxes ($16,619,620 net of HST recoveries) for the entire duration of the contract, inclusive of all option renewal years.
CC21.7adopted
The purpose of this joint report from Toronto Paramedic Services and Purchasing and Materials Management Division is to request approval to amend existing Contract No. 47019673, issued to Zoll Medical Canada Limited as result of Request for Proposal No. 0507-15-0113, to address expected growth in Toronto Paramedic Services service demand and enhancements in medical care as outlined in Toronto Paramedic Services' Multi-Year Staffing and Systems Plan adopted by Council in 2019, by a total amount of $9,610,806 (excluding all taxes and charges) or $9,779,956 (net of harmonized sales tax recoveries) over the remaining life of the contract, ending November 15, 2025. The amendment is for the purchase of 60 additional cardiac monitors and the option of 40 replacement cardiac monitor/defibrillators with accessories, optional extended warranty, and preventative maintenance and repairs, by an additional amount of $4,873,005 (excluding all taxes and charges), and to cover the purchase of accessories and consumables (e.g., disposable monitoring supplies, batteries, etc.), managed by City Stores to support Toronto Paramedic Services and other divisions, by an additional amount of $4,737,801 (excluding all taxes and charges). All additional units, supplies and consumables will be purchased under the same terms and conditions of the original Request for Proposal.
City Council on May 28, 2020, adopted the following: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71, Financial Control, authorize the Chief Purchasing Officer to amend Contract 47019673 for the provision of cardiac monitor/defibrillators with all components and accessories, and replacement of cardiac monitor/defibrillators including extended warranty and preventative maintenance plan, by an additional amount of $9,610,806 excluding all taxes and charges ($9,779,956 net of harmonized sales tax recoveries), increasing the current value from $9,666,373 to $19,277,179 excluding all taxes and charges ($9,836,501 to $19,616,457 net of harmonized sales tax recoveries).
Staff recommendation as filed
The Acting Chief, Toronto Paramedic Services, and the Chief Purchasing Officer recommend that: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to the Chief Purchasing Officer to amend Contract No. 47019673 for the provision of cardiac monitor/defibrillators with all components and accessories, and replacement of cardiac monitor/defibrillators including extended warranty and preventative maintenance plan, by an additional amount of $9,610,806 excluding all taxes and charges ($9,779,956 net of harmonized sales tax recoveries), increasing the current value from $9,666,373 to $19,277,179 excluding all taxes and charges ($9,836,501 to $19,616,457 net of harmonized sales tax recoveries).
CC21.8adopted
The purpose of this report is to request authority to amend Purchase Order No. 6046018 with WSP Canada Group Limited for professional services associated with contract administration, site inspection and post-construction services for the rehabilitation of the Bathurst Street Bridge, south of Front Street. An expanded scope of work combines the rehabilitation of the City portion of the bridge and the rehabilitation work requested by Metrolinx under a single construction contract, thus avoiding traffic disruptions in subsequent years. To further reduce the impact of construction on the travelling public, the construction will be accelerated by extending permitted daily work hours including weekends. This will require an increased number of inspector shifts and increased contract administration services. A significant portion of the additional professional services fee will be recovered from Metrolinx. The total value of the Purchase Order Amendment being requested is $630,823 net of all taxes and charges ($641,925 net of HST recoveries), revising the current purchase order value from $541,600 net of all taxes and charges ($551,132 net of HST recoveries) to $1,172,423 net of all taxes and charges ($1,193,057 net of HST recoveries).
City Council on May 28, 2020, adopted the following: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71, Financial Control, amend Purchase Order 6046018 with WSP Canada Group Limited for the provision of professional services associated with contract administration, site inspection and post construction services for the rehabilitation of the Bathurst Street Bridge in the amount of $630,823 net of all taxes and charges ($641,925 net of HST recoveries), revising the current purchase order value from $541,600 net of all taxes and charges ($551,132 net of HST recoveries) to $1,172,423 net of all taxes and charges ($1,193,057 net of HST recoveries).
Staff recommendation as filed
The Chief Engineer and Executive Director of Engineering and Construction Services Division and the Chief Purchasing Officer recommend that: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6046018 with WSP Canada Group Limited for the provision of professional services associated with contract administration, site inspection and post construction services for the rehabilitation of the Bathurst Street Bridge in the amount of $630,823 net of all taxes and charges ($641,925 net of HST recoveries), revising the current purchase order value from $541,600 net of all taxes and charges ($551,132 net of HST recoveries) to $1,172,423 net of all taxes and charges ($1,193,057 net of HST recoveries).
CC21.9adopted
The purpose of this report is to request authority to amend Purchase Order (PO) Number 6042338 and 6042339 with Black & Veatch Canada Company (B&V) for additional project management and professional engineering design services for the Integrated Pumping Station Project (IPS Project) at the Ashbridges Bay Treatment Plant (ABTP) in the total amount of $12,839,917 net of all taxes and charges ($13,065,900 net of HST recoveries). This revises the total value of the assignment awarded to B&V from $51,237,492 to $64,077,409 net of HST and all applicable charges ($65,202,171 net of HST recoveries). These amendments are required to finalize the detailed engineering design for what is now a significantly more complex design of the IPS Project, currently the City's largest and most critical wastewater infrastructure project underway
City Council on May 28, 2020, adopted the following: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71, Financial Control, amend Purchase Order 6042338 and amend the agreement with Black & Veatch Canada Company, for the provision of additional project management services for the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by an additional amount of $3,184,920 net of all taxes and charges ($3,240,974.59 net of HST recoveries), revising the current contract value from $7,129,719.45 net of all taxes and charges ($7,255,202.51 net of HST recoveries) to $10,314,639.45 net of all taxes and charges ($10,496,177.10 net of HST recoveries). 2. City Council in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71, Financial Control, amend Purchase Order 6042339 and amend the agreement with Black & Veatch Canada Company, for the provision of additional professional engineering services for the detailed design of the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by increasing the value of Purchase Order 6042339 in the amount of $9,654,997 net of all taxes and charges ($9,824,924.95 net of HST recoveries), revising the current contract value from $17,817,350.10 net of all taxes and charges ($18,130,935.46 net of HST recoveries) to $27,472,347.10 net of all taxes and charges ($27,955,860.41 net of HST recoveries).
Staff recommendation as filed
The Chief Engineer and Executive Director of Engineering and Construction Services and the Chief Purchasing Officer recommend that: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6042338 and amend the agreement with Black & Veatch Canada Company, for the provision of additional project management services for the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by an additional amount of $3,184,920 net of all taxes and charges ($3,240,974.59 net of HST recoveries), revising the current contract value from $7,129,719.45 net of all taxes and charges ($7,255,202.51 net of HST recoveries) to $10,314,639.45 net of all taxes and charges ($10,496,177.10 net of HST recoveries). 2. City Council in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6042339 and amend the agreement with Black & Veatch Canada Company, for the provision of additional professional engineering services for the detailed design of the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by increasing the value of Purchase Order No. 6042339 in the amount of $9,654,997 net of all taxes and charges ($9,824,924.95 net of HST recoveries), revising the current contract value from $17,817,350.10 net of all taxes and charges ($18,130,935.46 net of HST recoveries) to $27,472,347.10 net of all taxes and charges ($27,955,860.41 net of HST recoveries).
CC21.10adopted
The purpose of this report is to request authority to amend Purchase Order No. 6047022 with Englobe Corp., for additional material testing and quality assurance services for various capital works projects in the amount of $565,000 net of all taxes and charges ($574,944 net of HST recoveries), revising the current contract value from $690,766 net of all taxes and charges ($702,923 net of HST recoveries) to $1,255,766 net of all taxes and charges ($1,277,867 net of HST recoveries).
City Council on May 28, 2020, adopted the following: 1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71, Financial Control, amend Purchase Order 6047022 with Englobe Corp., for material testing and quality assurance services for various capital works projects by an additional amount of $565,000 net of all taxes and charges ($574,944 net of HST recoveries), revising the current contract value from $690,766 net of all taxes and charges ($702,923 net of HST recoveries) to $1,255,766 net of all taxes and charges ($1,277,867 net of HST recoveries).
Staff recommendation as filed
The Chief Engineer and Executive Director of Engineering and Construction Service and the Chief Purchasing Officer recommend that: 1. City Council in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6047022 with Englobe Corp., for material testing and quality assurance services for various capital works projects by an additional amount of $565,000 net of all taxes and charges ($574,944 net of HST recoveries), revising the current contract value from $690,766 net of all taxes and charges ($702,923 net of HST recoveries) to $1,255,766 net of all taxes and charges ($1,277,867 net of HST recoveries).
CC21.11adopted
Toronto Water 2020 Capital Budget and 2021-2029 Capital Plan Adjustments
This report requests City Council's authority to amend Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan by adjusting project cash flows contained within the Budget and Plan, respectively, to align forecasted project accelerations and deferrals. Additional reallocations to project cashflows and project costs are requested where additional project costs exceed the current approved cashflow. These reallocations will allow Toronto Water to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2020 Capital Budget and 2021-2029 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.
City Council on May 28, 2020, adopted the following: 1. City Council authorize the reallocation of cashflows within Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $2.775 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report (May 20, 2020) from the General Manager, Toronto Water, with a zero Budget impact. 2. City Council authorize the reallocation of project costs and cashflows in Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $5.136 million from projects that have been awarded under budget or completed to those requiring additional funding in the same amount as presented in Schedule A (Part C) to the report (May 20, 2020) from the General Manager, Toronto Water, with a zero Budget impact.
Staff recommendation as filed
The General Manager of Toronto Water recommends that: 1. City Council authorize the reallocation of cashflows within Toronto Water's approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $2.775 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report, with a zero Budget impact. 2. City Council authorize the reallocation of project costs and cashflows in Toronto Water's approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $5.136 million from projects that have been awarded under budget or completed to those requiring additional funding in the same amount as presented in Schedule A (Part C), with a zero Budget impact.
CC21.12adopted
Toronto Water 2019 Year End Capital Budget and 2020-2029 Capital Plan Adjustments
This report requests City Council's authority to amend Toronto Water's Approved 2019 Capital Budget by adjusting project costs and cash flows to align with year-end expenditures and project progress. The adjustments will have a zero dollar impact on the 2019 Capital Budget. This report requests City Council's authority to amend Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan by adjusting project costs and cashflows contained within the Budget and Plan, respectively, to align the 2020 Capital Budget and 2021-2029 Capital Plan with the final 2019 capital expenditures and project progress. The adjustments will have a zero dollar impact on the 2020 Capital Budget and 2021-2029 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.
City Council on May 28, 2020, adopted the following: 1. City Council authorize the reallocation of 2019 cashflows within Toronto Water's Approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B) to the report (May 21, 2020) from the General Manager, Toronto Water, with a zero Budget impact. 2. City Council authorize the reallocation of 2020 and 2021 cashflows within Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B) to the report (May 21, 2020) from the General Manager, Toronto Water, with a zero Budget impact. 3. City Council authorize the reallocation of 2019 cashflows and project costs in Toronto Water's Approved 2019 Capital Budget and 2020-2029 Capital Plan in the amount of $2.202 million from projects that have been completed under budget to those requiring additional funding in the same amount as presented in Schedule A (Part C) to the report (May 21, 2020) from the General Manager, Toronto Water, with a zero Budget impact.
Staff recommendation as filed
The General Manger of Toronto Water recommends that: 1. City Council authorize the reallocation of 2019 cashflows within Toronto Water's approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B), with a zero Budget impact. 2. City Council authorize the reallocation of 2020 and 2021 cashflows within Toronto Water's approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B), with a zero Budget impact. 3. City Council authorize the reallocation of 2019 cashflows and project costs in Toronto Water's approved 2019 Capital Budget and 2020-2029 Capital Plan in the amount of $2.202 million from projects that have been completed under budget to those requiring additional funding in the same amount as presented in Schedule A (Part C), with a zero Budget impact.
CC21.13adopted
The purpose of this report is to seek Council approval to delegate authority to the General Manager, Transportation Services, to temporarily close to pedestrian and vehicular traffic portions of Highway 27, between 500 metres north of Finch Avenue West and 500 metres south of Humber College Boulevard, for a period up to and including 365 consecutive days, but ending no later than August 31, 2023, inclusive, as required for the purposes of construction of the Metrolinx Finch West Light Rail Transit (FWLRT). Without this delegated authority, reports would be required seeking Council approval to grant road/lane and sidewalk closures lasting more than 30 days. The scope of the FWLRT project and planned new transit infrastructure on Highway 27 requires multiple lane closures that will extend beyond 30 days. Delegating this authority will minimize the chance of project delay and significantly reduces the administrative burden on City of Toronto staff, enabling them to focus on working with Metrolinx, contractors, local ward Councillors, and the community. As the General Manager, Transportation Services does not have any authority to close Highway 27 for third party work for any period of time, this report is critical to ensure that work on the FWLRT can continue.
City Council on May 28, 2020, adopted the following: 1. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting Section 937-3.12, Closures of travel lanes on Highway 27 for hydro infrastructure relocation part of early works for the Finch West Light Rail Transit project. 2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until August 31, 2023 inclusive, despite Section 937-4 of Code Chapter 937, the authority to temporarily close to pedestrian and vehicular traffic portions of Highway 27, between 500 metres north of Finch Avenue West and 500 metres south of Humber College Boulevard, for a period up to and including 365 consecutive days but ending no later than August 31, 2023 inclusive, as required for the purposes of construction of the Finch West Light Rail Transit and exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting Section 937-3.12, Closures of travel lanes on Highway 27 for hydro infrastructure relocation part of early works for the Finch West LRT project. 2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, until August 31, 2023 inclusive, despite Section 937-4 of Code Chapter 937, the authority to temporarily close to pedestrian and vehicular traffic portions of Highway 27, between 500 metres north of Finch Avenue West and 500 metres south of Humber College Boulevard, for a period up to and including 365 consecutive days but ending no later than August 31, 2023 inclusive, as required for the purposes of construction of the Finch West Light Rail Transit and exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.
CC21.14adopted
Missing Link Sidewalk Program: 2020 Local Road Sidewalk Installation
Provision of safe, comfortable and accessible sidewalks on all public streets is a fundamental objective of the Vision Zero 2.0 Road Safety Plan. Sidewalks support safety, accessibility, affordable transportation, physical activity, safe routes to school, aging in place and sustainable growth. Through the Missing Sidewalk Installation Program, Transportation Services reviews opportunities to install sidewalks on all roadway classifications through bundling with other state-of-good-repair roadway or utility work, as well as stand-alone delivery. Transportation Services has the authority to install sidewalks on arterial and collector roads in accordance with the Missing Sidewalk Installation Policy. An update to the policy, adopted by Council in July 2019 delegated final decision making authority to the General Manager, Transportation Services to add sidewalks to local roads as part of road reconstruction, to accommodate a request for a person with a disability, and in cases where a Community Council has approved a new traffic-calming measure after the policy was adopted. In July 2019, Council directed that sidewalk proposals not otherwise delegated to the General Manager, Transportation Services, or those requested by a Member of Council, be reported on an annual basis to the Infrastructure and Environment Committee for recommendation to City Council. In accordance with this direction, this report recommends the installation of sidewalks on the following local roads: Bobmar Road (west side, Ward 25) Braywin Drive (north side, Ward 1) Markdale Avenue (west side, Ward 12) Parkwood Avenue (west side, Ward 12) Vanderhoof Avenue (south side, Ward 15) A map of the sidewalk projects proposed in this report is included as Attachment 1.
City Council on May 28, 2020, adopted the following: 1. City Council direct the General Manager, Transportation Services to continue with the planned delivery of sidewalks on the following road sections: a. Bobmar Road (west side from Ellesmere Road to 140 metres north of Military Trail); b. Braywin Drive (north side from 36 Braywin Drive to 48 Braywin Drive); c. Markdale Avenue (west side from Strathearn Road to south end of Markdale Avenue); d. Parkwood Avenue (west side from St. Clair Avenue West to 42 metres north of St. Clair Avenue West); and e. Vanderhoof Avenue (south side from 135 metres west of Brentcliffe Road to Glassworks Drive).
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council direct Transportation Services to continue with the planned delivery of sidewalks on the following road sections: a. Bobmar Road (west side from Ellesmere Road to 140 metres north of Military Trail); b. Braywin Drive (north side from 36 Braywin Drive to 48 Braywin Drive); c. Markdale Avenue (west side from Strathearn Road to south end of Markdale Avenue); d. Parkwood Avenue (west side from St. Clair Avenue West to 42 metres north of St. Clair Avenue West); e. Vanderhoof Avenue (south side from 135 metres west of Brentcliffe Road to Glassworks Drive).
CC21.15adopted
The purpose of this report is to request authority to amend Contract 17TM-01TP with Guild Electric Limited, for the maintenance and operation of electrical traffic control and related devices in the amount of $8,888,275, net of all taxes and charges ($9,044,709 net of HST recoveries) and to extend the contract end date to July 31, 2021 under the same terms and conditions set out in Tender Call 2-2016. Funding of the proposed amendment will come from Transportation Services existing capital and operating budgets.
City Council on May 28, 2020, adopted the following: 1. City Council, in accordance with Section 71-11.1 of the City of Toronto Municipal Code Chapter 71, Financial Control, amend Contract 17TM-01TP with Guild Electric Limited for the maintenance and operation of electrical traffic control and related devices by an additional amount of $8,888,275 net of all taxes and charges ($9,044,709 net of HST recoveries) revising the current contract value from $62,186,648, net of all taxes and charges ($63,281,133, net of HST recoveries) to $71,074,923 net of all taxes and charges ($72,325,842 net of HST recoveries) and extend the contract end date to July 31, 2021 under the same terms and conditions set out in Tender Call 2-2016.
Staff recommendation as filed
The General Manager, Transportation Services and the Chief Purchasing Officer recommend that: 1. City Council, in accordance with Section 71-11.1 of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to amend Contract 17TM-01TP with Guild Electric Limited for the maintenance and operation of electrical traffic control and related devices by an additional amount of $8,888,275 net of all taxes and charges ($9,044,709 net of HST recoveries) revising the current contract value from $62,186,648, net of all taxes and charges ($63,281,133, net of HST recoveries) to $71,074,923 net of all taxes and charges ($72,325,842 net of HST recoveries) and extend the contract end date to July 31, 2021 under the same terms and conditions set out in Tender Call 2-2016.
CC21.16adopted
Port Lands Flood Protection - Cherry Street Temporary Diversion Road and Traffic Control Signals
As the Toronto Transit Commission (TTC) operates a transit service on Cherry Street, City Council approval of this report is required. As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will re-align Cherry Street, between Lake Shore Boulevard East and Polson Street. In order to facilitate construction of the new alignment, construction staging areas will be set-up on the west side of Cherry Street and the north side of Polson Street. Northbound and southbound vehicular traffic on Cherry Street will be temporarily shifted immediately east of the construction staging area, within the existing northbound lanes, east boulevard on Cherry Street, and additional lands on the east side of Cherry Street to be leased from TEDCO. Authorization is being requested to designate the additional lands from TEDCO as a public highway and to implement traffic by-laws for a period of 20 months for the temporary detour (diversion) roadway, once the requisite lease between the City and TEDCO has been fully executed and the detour roadway has been fully constructed by Waterfront Toronto to the satisfaction of the City and accepted and commissioned by the City. Transportation Services is requesting authorization to temporarily close to vehicular and pedestrian traffic the two southbound lanes (including both sidewalks and the Martin Goodman Trail) on Cherry Street and a portion of the westbound lane and north boulevard on Polson Street, for a period of up to 20 months (i.e. June 29, 2020 to February 28, 2022), to accommodate construction staging operations. The aforementioned closures will not take into effect until the detour roadway is open. Based on the geometry of the proposed diversion roadway on Cherry Street at Polson Street, sight lines will be restricted for motorists travelling eastbound on Polson Street approaching Cherry Street. Therefore, this report also requests authorization to install temporary traffic control signals at the intersection of Cherry Street and Polson Street to maintain clear and unobstructed sight lines. As the Toronto Transit Commission (TTC) operates a transit service on Cherry Street, City Council approval of this report is required. As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will re-align Cherry Street, between Lake Shore Boulevard East and Polson Street. In order to facilitate construction of the new alignment, construction staging areas will be set-up on the west side of Cherry Street and the north side of Polson Street. Northbound and southbound vehicular traffic on Cherry Street will be temporarily shifted immediately east of the construction staging area, within the existing northbound lanes, east boulevard on Cherry Street, and additional lands on the east side of Cherry Street to be leased from TEDCO. Authorization is being requested to designate the additional lands from TEDCO as a public highway and to implement traffic by-laws for a period of 20 months for the temporary detour (diversion) roadway, once the requisite lease between the City and TEDCO has been fully executed and the detour roadway has been fully constructed by Waterfront Toronto to the satisfaction of the City and accepted and commissioned by the City. Transportation Services is requesting authorization to temporarily close to vehicular and pedestrian traffic the two southbound lanes (including both sidewalks and the Martin Goodman Trail) on Cherry Street and a portion of the westbound lane and north boulevard on Polson Street, for a period of up to 20 months (i.e. June 29, 2020 to February 28, 2022), to accommodate construction staging operations. The aforementioned closures will not take into effect until the detour roadway is open. Based on the geometry of the proposed diversion roadway on Cherry Street at Polson Street, sight lines will be restricted for motorists travelling eastbound on Polson Street approaching Cherry Street. Therefore, this report also requests authorization to install temporary traffic control signals at the intersection of Cherry Street and Polson Street to maintain clear and unobstructed sight lines.
City Council on May 28, 2020, adopted the following: 1. City Council temporarily close to vehicular and pedestrian traffic the west sidewalk and two southbound lanes on Cherry Street between a point 55 metres south of Commissioners Street and a point 393.5 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 2. City Council temporarily close to pedestrian traffic the east sidewalk on Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 3. City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 4. City Council temporarily close to vehicular and pedestrian traffic each of the north boulevard and the 5.5 metre wide portion of the westbound lane on Polson Street, between Cherry Street and a point 83.5 metres west, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 5. City Council authorize public highway designation for the lands to be leased from the City of Toronto Economic Development Corporation on the east side of Cherry Street, between a point 207.5 metres south of Commissioners Street and a point 183.7 metres further south, approximately 5.8 metres in width, as shown in Attachment 1 to the report (May 21, 2020) from the General Manager, Transportation Services and, once the City of Toronto Economic Development Corporation lands leased are designated as public highway, reconfigure Cherry Street as a temporary detour (diversion) roadway as shown in Attachment 2 to the report (May 21, 2020) from the General Manager, Transportation Services; the City of Toronto Economic Development Corporation lands leased will be dedicated in name as Cherry Street. 6. City Council authorize the appropriate City Officials to take all steps necessary to implement the proposed dedication referred to in Part 5 above, including requesting the City Solicitor to prepare and submit the relevant bills necessary to register the resultant by-laws, if required. 7. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, the construction, maintenance and warranty work of the diversion road; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority. 8. City Council authorize a temporary pedestrian walkway on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south. 9. City Council authorize a temporary cycling lane on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south. 10. City Council designate a 50 km/h speed limit, inclusive on Cherry Street, between a point 55 metres south of Commissioners Street and a point 393.5 metres further south. 11. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south. 12. City Council rescind the existing parking prohibition in effect from 8:00 p.m. to 4:00 a.m., on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street. 13. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between Polson Street and a point 30.5 metres south. 14. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between a point opposite the south limit of Commissioners Street and a point 30.5 metres south. 15. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the west side of Cherry Street, between Commissioners Street and Polson Street. 16. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south. 17. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between Commissioners Street and Polson Street. 18. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street. 19. City Council prohibit stopping at all times on both sides of the Cherry Street diversion road, between Commissioners Street and Ship Channel Bridge. 20. City Council rescind the existing parking prohibition in effect from 6:00 p.m. of one day to 4:00 a.m. of the next following day, Monday to Friday; 12:00 a.m. to 4:00 a.m., Monday; 6:00 p.m. to 11:59 p.m. Friday; and 12:00 a.m. to 4:00 a.m. and, 12:00 p.m. to 11:59 p.m., Saturday and Sunday, on both sides of Polson Street, between Cherry Street and a point 83.5 metres west. 21. City Council prohibit stopping at all times on both sides of Polson Street, between Cherry Street and a point 185.5 metres west. 22. City Council temporarily rescind the existing pedestrian crossover on Cherry Street, immediately south of Polson Street. 23. City Council authorize the installation of temporary traffic control signals at the intersection of Cherry Street and Polson Street. 24. City Council authorize the General Manager, Transportation Services in issuing any requisite permits to include additional permit terms as the General Manager, Transportation Services deems necessary and appropriate. 25. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or By-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of City Council's decision. 26. City Council direct that the traffic regulations in Parts 8 to 23, inclusive, commence at such time as the City of Toronto Economic Development Corporation lands leased are dedicated, and that Cherry Street and Polson Street be returned to its pre-construction traffic and parking regulations when the project is complete. 27. City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, installation of temporary traffic control signals and removal of the existing pedestrian crossover.
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council temporarily close to vehicular and pedestrian traffic the west sidewalk and two southbound lanes on Cherry Street between a point 55 metres south of Commissioners Street and a point 393.5 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 2. City Council temporarily close to pedestrian traffic the east sidewalk on Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 3. City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 4. City Council temporarily close to vehicular and pedestrian traffic each of the north boulevard and the 5.5 metre wide portion of the westbound lane on Polson Street, between Cherry Street and a point 83.5 metres west, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project. 5. City Council authorize public highway designation for the lands to be leased from City of Toronto Economic Development Corporation (TEDCO) on the east side of Cherry Street, between a point 207.5 metres south of Commissioners Street and a point 183.7 metres further south, approximately 5.8 metres in width, as shown in Attachment 1 to the report (May 21, 2020) from the City Manager ("TEDCO lands leased"), and, once the TEDCO lands leased are designated as public highway, reconfigure Cherry Street as a temporary detour (diversion) roadway as shown in Attachment 2 to the report (May 21, 2020) from the City Manager. The TEDCO lands leased will be dedicated in name as Cherry Street. 6. City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Part 5 above, including requesting the City Solicitor to prepare and submit the relevant bills necessary to register the resultant by-laws, if required. 7. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, the construction, maintenance and warranty work of the diversion road; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority. 8. City Council authorize a temporary pedestrian walkway on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south. 9. City Council authorize a temporary cycling lane on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south. 10. City Council designate a 50 km/h speed limit, inclusive on Cherry Street, between a point 55 metres south of Commissioners Street and a point 393.5 metres further south. 11. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south. 12. City Council rescind the existing parking prohibition in effect from 8:00 p.m. to 4:00 a.m., on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street. 13. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between Polson Street and a point 30.5 metres south. 14. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between a point opposite the south limit of Commissioners Street and a point 30.5 metres south. 15. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the west side of Cherry Street, between Commissioners Street and Polson Street. 16. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south. 17. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between Commissioners Street and Polson Street. 18. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street. 19. City Council prohibit stopping at all times on both sides of the Cherry Street diversion road, between Commissioners Street and Ship Channel Bridge. 20. City Council rescind the existing parking prohibition in effect from 6:00 p.m. of one day to 4:00 a.m. of the next following day, Monday to Friday; 12:00 a.m. to 4:00 a.m., Monday; 6:00 p.m. to 11:59 p.m. Friday; and 12:00 a.m. to 4:00 a.m. and, 12:00 p.m. to 11:59 p.m., Saturday and Sunday, on both sides of Polson Street, between Cherry Street and a point 83.5 metres west. 21. City Council prohibit stopping at all times on both sides of Polson Street, between Cherry Street and a point 185.5 metres west. 22. City Council temporarily rescind the existing pedestrian crossover on Cherry Street, immediately south of Polson Street. 23. City Council authorize the installation of temporary traffic control signals at the intersection of Cherry Street and Polson Street. 24. City Council authorize the General Manager, Transportation Services, in issuing any requisite permits to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate. 25. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of City Council's decision. 26. City Council direct that the traffic regulations in Parts 8 to 23, inclusive, commence at such time as the TEDCO lands leased are dedicated, and that Cherry Street and Polson Street be returned to its pre-construction traffic and parking regulations when the project is complete. 27. City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, installation of temporary traffic control signals and removal of the existing pedestrian crossover.
CC21.17adopted
64 Prince Arthur Avenue - Zoning By-law Amendment Application - Request for Directions
The purpose of this report is to request further instructions for the potential Local Planning Appeal Tribunal (the "LPAT") hearing that is currently scheduled to commence on July 6, 2020 for three weeks. The applicant has appealed the proposed rezoning of 64 Prince Arthur Avenue to the LPAT due to Council's failure to make a decision on the application within the time prescribed by the Planning Act (the "Appeal"). The appealed application was revised and it proposes to amend the former City of Toronto Zoning By-law 438-86 and City-wide Zoning by-law 569-2013 to permit a 19-storey (66.7 metres plus a 7-metre mechanical penthouse) residential building with 178 dwelling units and 25 parking spaces in a 3-level below ground garage at 64 Prince Arthur Avenue. The original proposal was for a 29-storey (120 metres plus a 10-metre mechanical penthouse) residential building with 60 dwelling units and 73 parking spaces with a 2-level below grade garage. On July 23, 2018, City Council directed the City Solicitor, along with appropriate staff, to oppose the 29 storey proposal and oppose the Appeal.
City Council on May 28, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) 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 (May 20, 2020) 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 to the report (May 20, 2020) 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 and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. June 10, 2020 The confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor, as adopted by City Council, are now public, as follows: 1. City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 64 Prince Arthur Avenue for the reasons set out in Public Attachment 1 to the report (May 20, 2020) from the City Solicitor. 2. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, including the provision of seven visitor parking spaces on parking level P1; b. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the "Engineering Reports") that are satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the final Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services do not require changes to the Zoning By-law Amendment or any required changes have been made to the Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; d. should it be determined that any improvements, upgrades, or new municipal infrastructure are necessary to support the development in the accepted Engineering Reports, the design and the provision of financial securities for those improvements, upgrades or new infrastructure have been secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and e. appropriate Section 37 benefits that may be required to support the development have been secured in a Section 37 agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, and such agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor. 3. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (May 20, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (May 20, 2020) 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 the Report (May 20, 2020) 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.
CC21.18adopted
The purpose of this report is to seek further instruction in relation to a development application for a site that contains several heritage resources and a related ongoing appeal at the Local Planning Appeal Tribunal (LPAT). At its meeting of July 23-26, 2018, City Council endorsed a settlement from Overland LLP on behalf of Fortress Carlyle Peter Street Inc. for a mixed-use development with residential and retail uses including the conservation of five heritage buildings at 120-128 Peter Street and 357-359 Richmond Street West. A LPAT hearing was held on January 7, 2020 to consider the proposed settlement. At the hearing, the Tribunal issued an oral decision allowing the appeal, in part, and approving the proposed zoning by-law amendment, but withheld its final order pending satisfaction of certain preconditions. Amongst other preconditions, the Tribunal's Final Order is to be withheld until the parties have provided the LPAT with the final form of zoning by-law amendment. The Tribunal's oral decision was followed by a written decision dated January 22, 2020. On May 19, 2020, the City Solicitor received a with prejudice offer of revised settlement from Overland LLP on behalf of Fortress Carlyle Peter Street Inc. proposing that a hotel be added to the development. The offer is the result of extensive discussion with City staff. With the inclusion of a hotel some aspects of the design of the development contemplated under the July 2018 Settlement are proposed to be modified. Further detail regarding revisions to the previous settlement offer is provided below.
City Council on May 28, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 21, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 21, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 21, 2020) 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 instructions to staff in Confidential Attachment 1 to the report (May 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal in support of a revised settlement of the appeal related to 120, 122, 124 and 128 Peter Street and 357 and 359 Richmond Street West on terms set out in a letter dated May 19, 2020 from Overland LLP attached as Public Appendix A to the report (May 21, 2020) from the City Solicitor, and substantially in the form of Architectural Drawings prepared by Architects Alliance, dated May 19, 2020 attached as Public Appendix B to the report (May 21, 2020) from the City Solicitor. 2. City Council direct the City Solicitor to request that, prior to issuance of a Local Planning Appeal Tribunal Order in connection with the Zoning By-law Amendment, the owner shall: a. enter into a Heritage Easement Agreement with the City for the properties at 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West substantially in accordance with plans and drawings prepared by Architects Alliance, submitted with the Heritage Impact Assessment prepared by GBCA Architects, dated June 27, 2018, or otherwise revised in accordance with the settlement offer or Local Planning Appeal Tribunal Order, subject to and in accordance with the approved Conservation Plan required in Part 2.b. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor; b. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West, prepared by GBCA Architects, dated June 27, 2018, or otherwise a conservation strategy revised in accordance with a settlement offer or Local Planning Appeal Tribunal Order, all to the satisfaction of the Senior Manager, Heritage Preservation Services; c. enter into and register on the property at 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor, the Acting Director, Community Planning, Toronto and East York District, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations including, among other matters, securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a Letter of Credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services; d. provide for the withdrawal of the appeal to the Conservation Review Board of the Part IV (Ontario Heritage Act) heritage designation of the properties municipally known as 120 Peter Street, 122-124 Peter Street, and 357-359 Richmond Street West; e. provide for the withdrawal of the owner's appeal of the King Spadina Heritage Conservation District plan which was approved by City Council for intent to designate under Part V of the Ontario Heritage Act; f. make arrangements that are acceptable to the City Solicitor for the withdrawal or resolution of its site-specific appeals to Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (1106-2016 and 1107-2016); g. make arrangements that are acceptable to the City Solicitor to provide at the discretion of the General Manager of Parks, Forestry and Recreation, either on-site public parkland or a Privately-Owned Publicly Accessible Space having a minimum width of 3.0 metres and 2.0 metres at the southwest corner of the site for a length of 4.6 metres, and situated along the west boundary of the site; h. have entered into an agreement with the City in a form satisfactory to the City Solicitor, and that agreement is registered on title, to provide community benefits pursuant to Section 37 of the Planning Act, having a value of $1.6 million dollars, payable upon the date of issuance of the Tribunal's Order; such funds to be used by the City at its discretion with $1,280,000 for public realm improvements within the block bounded by Spadina Avenue, Peter Street, Adelaide Street West and Richmond Street West, $160,000, for new rental housing within Ward 10 and $160,000 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10; i. in the event the cash contributions in Part 2. h. above have not been used for the intended purpose within five (5) years of the By-laws coming into full force and effect, the cash contributions may be redirected for another purpose(s) at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands; and j. address the outstanding items in relation to servicing and transportation requirements as outlined in the memorandum from Engineering and Construction Services dated May 15, 2018, or as updated to respond to the settlement plans, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. 3. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning to finalize the elements of the settlement, including the final form of the minutes of settlement, the Zoning By-law and any other related planning instruments, and to request the Local Planning Appeal Tribunal to approve the development in accordance with City Council's decision. The balance of Confidential Attachment 1 to the report (May 21, 2020) 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 (May 21, 2020) 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 Recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.
CC21.19adopted
599 to 631 Kennedy Road - Official Plan Amendment and Zoning Amendment - Request for Directions
The purpose of this report is to seek further instruction in relation to a development application for a properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal. The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report. The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process. City Planning has reviewed the revised application and was consulted in the preparation of this report. This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road. This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units. The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council. Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT. The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017. The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal. The purpose of this report is to seek further instruction in relation to a development application for a properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal. The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report. The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process. City Planning has reviewed the revised application and was consulted in the preparation of this report. This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road. This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units. The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council. Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT. The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017. The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal.
City Council on May 28, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 19, 2020) 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 instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal in support of the current application as outlined in the report (May 19, 2020) from the City Solicitor. 2. In the event that the Local Planning Appeal Tribunal allows the subject appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the Official Plan and Zoning By-law Amendment until the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has entered into and has registered on title a Section 37 agreement under the Planning Act as follows: a. contribution of $279,545.00 consisting of $150,000 toward improvements to Corvette Park, with the balance divided equally toward renovations at the Albert Campbell District Branch library to enhance branch service capacity, and use by the City towards provision of a new non-profit child care facility or expansion of an existing non-profit child care facility within the vicinity of the subject site, prior to the issuance of the first above-grade building permit; this financial contribution amount shall be indexed upwardly from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area; and b. in the event the cash contribution referred to in Part 2.a. above has not been used for the intended purposes within three (3) years of the amending By-laws coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. The balance of Confidential Attachment 1 to the report (May 19, 2020) 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 (May 19, 2020) 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 recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor as it contains advice which is subject to solicitor-client privilege.