Executive Committee
The full agenda, as filed
All 7 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.
EX2.1amended
Re-establishing Council Advisory Bodies for 2022-2026 City Council Term
Under Municipal Code Chapter 27, Council Procedures, City Council may establish Council Advisory Bodies (CABs) that are made up of public and Council members, at any time during the Council term to provide advice to Council on issues within each advisory body's mandate. City Council must approve the terms of reference for CABs. In the previous Council term, seven CABs were established to provide Council advice. The Toronto Accessibility Advisory Committee (TAAC) is automatically continued for each term of City Council to meet the City's obligations under the Accessibility for Ontarians with Disabilities Act, 2005. This report recommends Council adopt the Terms of Reference for the TAAC in Attachment 1. This report recommends Council also re-establish the following five CABs that operated last Council term, and adopt the Terms of Reference for each, provided as Attachments 2, 3, 4, 5 and 6: - Confronting Anti-Black Racism Advisory Committee; - Film, Television and Digital Media Advisory Board ('Film Board'); - Toronto Music Advisory Committee; - Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer (2SLGBTQ+) Advisory Committee; and - Toronto Francophone Affairs Advisory Committee. Aboriginal Affairs Advisory Committee During the previous Council term, the members of the Aboriginal Affairs Advisory Committee (AAAC) raised several questions and concerns about the committee's structure and meeting procedures. The City is supporting a review of AAAC governance in response to these concerns, in collaboration with the past AAAC co-chair and members. An Indigenous facilitator is engaging with past AAAC members on their experiences to identify potential changes to the terms of reference - which include its mandate, membership and meeting procedures - that would better reflect Indigenous governance models and approaches. The City Manager recommends that Council re-establish the AAAC and request the City Manager and City Clerk report back on findings from the governance review once additional feedback from past members is collected to inform the terms of reference for this body for this Council term. This governance review is an important first step in an ongoing process to ensure the City engages with Indigenous communities in a manner that reflects Indigenous governance approaches. New Council Advisory Body on Housing In July 2022, City Council directed the establishment of a new Council Advisory Body for the 2022-2026 Council term to help advance the progressive realization of the right to housing as enshrined in the Toronto Housing Charter. The City's Housing Secretariat will make recommendations to Council on the mandate and membership for this new CAB as part of its report on the 2023 Housing Action Plan.
The Executive Committee recommends that: 1. City Council adopt the Terms of Reference for the Toronto Accessibility Advisory Committee in Attachment 1 to the report (January 17, 2023) from the City Manager, as amended by Recommendation 3 below. 2. City Council re-establish the following Council Advisory Bodies for the 2022 to 2026 Council term and adopt the associated Terms of Reference in Attachments 2 to 6 to the report (January 17, 2023) from the City Manager, as amended by Recommendations 3 and 4 below: a. Confronting Anti-Black Racism Advisory Committee; b. Film, Television and Digital Media Advisory Board ('Film Board'); c. Toronto Music Advisory Committee; d. Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer (2SLGBTQ+) Advisory Committee; and e. Toronto Francophone Affairs Advisory Committee. 3. City Council amend the Terms of Reference for the Toronto Accessibility Advisory Committee and the Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer (2SLGBTQ+) Advisory Committee such that two members will be youth members between the ages of 18 and 29, and two members will be elder members who self-identify and represent the wisdom of their communities. 4. City Council amend the Terms of Reference for the Film, Television and Digital Media Advisory Board ('Film Board') and the Toronto Music Advisory Committee by increasing the composition to include one member of Council designated the Night Economy Champion by the Mayor. 5. City Council re-establish an Aboriginal Affairs Advisory Committee for the 2022 to 2026 Council term and request the City Manager and City Clerk to report back on the findings from the Aboriginal Affairs Advisory Committee governance review including proposed Terms of Reference for this body. 6. City Council request City Staff to offer an opportunity to members of Indigenous communities to offer their input to the Governance Review of the Aboriginal Affairs Advisory Committee. 7. City Council adopt the amended Simplified Rules of Procedure for Advisory Bodies in Attachment 7 to the report (January 17, 2023) from the City Manager and direct that all meetings of Council Advisory Bodies listed in Recommendations 1 and 2 above be held in accordance with these rules.
Staff recommendation as filed
The City Manager recommends that: 1. City Council adopt the Terms of Reference for the Toronto Accessibility Advisory Committee in Attachment 1 of this report. 2. City Council re-establish the following Council Advisory Bodies for the 2022 to 2026 Council term and adopt the associated Terms of Reference in Attachments 2 to 6: a. Confronting Anti-Black Racism Advisory Committee; b. Film, Television and Digital Media Advisory Board ('Film Board'); c. Toronto Music Advisory Committee; d. Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer (2SLGBTQ+) Advisory Committee; and e. Toronto Francophone Affairs Advisory Committee. 3. City Council re-establish an Aboriginal Affairs Advisory Committee for the 2022 to 2026 Council term and request the City Manager and City Clerk report back on the findings from the Aboriginal Affairs Advisory Committee governance review including proposed Terms of Reference for this body. 4. City Council adopt the amended Simplified Rules of Procedure for Advisory Bodies in Attachment 7 and direct that all meetings of Council Advisory Bodies listed in Recommendations 1 and 2 be held in accordance with these rules.
EX2.2adopted
2021 Development Charge Deferred Revenue Activity and Balances
This report provides a statement of the Development Charge Deferred Revenues for the year ended December 31, 2021, as required by the Development Charges Act, 1997 (DC Act). Development charges are recognized as liabilities called deferred revenues, on the City's Statement of Financial Position, when received and are recognized as earned revenue on the City's Statement of Operations and Accumulated Surplus when the capital expenditures these funds are intended to support are incurred. Use of these deferred revenues is restricted to activities specified in legislation or contractual agreements. Amounts received are considered contributions to deferred revenues. For the fiscal year ended December 31, 2021, City recognized Development Charges Deferred Revenues of $893.3 million and recognized $313.8 million in earned revenue based on capital expenditures. Development Charge Deferred Revenues were allocated interest of $3.8 million based on City Council's (Council) allocation policy. The final development charges deferred revenue balance at December 31, 2021 is $2,263.1 million, and is included in the City's overall Deferred Revenue balance in the City's audited consolidated financial statements. This report provides a summary of the balances and activity of these development charge deferred revenues as of December 31, 2021, along with the details of the 2021 project costs funded from 2021 earned revenue from development charges.
The Executive Committee: 1. Received the report (January 17, 2023) from the Chief Financial Officer and Treasurer for information.
Staff recommendation as filed
The Chief Financial Officer and Treasurer recommends that: 1. Executive Committee receive this report for information.
EX2.3adopted
City of Toronto Environmental, Social and Governance (ESG) Annual Performance Report
The City of Toronto created positive impact across key Environment, Social and Governance ("ESG") priorities this year, demonstrating commitment, innovation and transparency, through the performance disclosure and consideration of ESG risks and opportunities in the Environmental, Social and Governance Performance Report ("ESG Report") for 2022 contained in Attachment 1. The objective of the ESG Report is to communicate ESG commitments, define targeted outcomes, and to account for progress towards sustainability, positive socioeconomic outcomes and good governance; demonstrating transparency, accountability, participation, responsiveness, progress measurement and leadership. Climate action and ESG factors are quickly establishing importance and gaining attention globally in both private and public sectors whereby organizations are measured on how well ESG-related risks and opportunities are handled. Many corporations are now being formally assessed on ESG impact and it is expected that public entities will eventually be required to follow this practice. The ESG Report offers a snapshot of ESG performance and an opportunity to reflect on improvements that can be made to City plans, actions and outcomes to successfully manage ESG risks and opportunities going forward. ESG factors are increasingly being incorporated in the risk assessments of Toronto's credit rating agencies, insurance companies and other investors. As this trend is only expected to grow stronger, it is important to address these factors appropriately and with a sense of urgency. This report includes key ESG highlights and achievements. Toronto continues to build and implement an integrated ESG approach, with responsible practices embedded across the organization to build a sustainable, transparent and resilient foundation in order to continue developing a government that is transparent, accountable, sustainability responsible, socially conscious, and minimizes ESG risks. This approach ensures progress is established on the commitments made to achieve ESG priorities.
The Executive Committee: 1. Received the report (January 17, 2023) from the Chief Financial Officer and Treasurer for information.
Staff recommendation as filed
The Chief Financial Officer and Treasurer recommends the Executive Committee receive this report for information.
EX2.4amended
The CaféTO program has provided financial, administrative and technical assistance to Toronto restaurant and bar operators and has been a key economic recovery support program for an industry adversely impacted by COVID-19. The sudden proliferation of on-street outdoor dining opportunities has had a transformational effect on streets across North America. The Toronto context is noteworthy given the involvement of the municipality in taking the lead operational role in procuring equipment and installing safe curb lane closure areas for restaurants. To provide the maximum level of economic support to the restaurant industry during the COVID-19 pandemic, between 2020 and 2022 the City absorbed all operational costs associated with the delivery of the CaféTO program, and waived all café permit, transfer and application fees. In late 2021, City Council approved a plan to transition many of CaféTO's temporary processes to permanent parameters through a phased approach beginning with a return to standard sidewalk café permits. City Council also provided additional direction to establish criteria for a permanent program for curb lane cafés. This report recommends a return to the usual permit process for all café types with proposed amendments to the City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays that take into consideration the recent presence of on-street cafés city-wide, including ensuring critical safety, accessibility and aesthetic requirements into the future. This report also recommends updated fees be charged in 2023 and beyond for all café types, enabling the City to partially recover the costs associated with the delivery of the CaféTO program. Finally, this report outlines continued financial supports for business owner/operators and Business Improvement Areas (BIAs), and shares findings from a recent public survey and economic impact analysis. Together, these recommendations aim to advance the transition of CaféTO from a temporary emergency response initiative for the hospitality sector into a sustainable program that makes Toronto's streets more attractive, safe and accessible; supports the needs of both café operators and other businesses; and balances diverse uses of the right of way and curbside area.
The Executive Committee recommends that: 1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows: a. replace the words "parklet café" with "curb lane café" throughout the Chapter and amend section 742-1.1 by deleting the definition for parklet café and inserting a new definition for curb lane café, in alphabetical order, to read as follows: "CURB LANE CAFÉ - A sidewalk café that is a temporary lateral projection into the curb lane, parking lane, designated lane for bicycles or cycle track of a street." b. amend Section 742-3.2 A (3) by inserting the word "Metrolinx" after the words "Toronto Hydro"; c. amend Section 742-7.2 by adding the phrase "and in no case wider than 2.0 metres"; d. amend Section 742-9.4: A. to remove the requirement for a letter of consent from adjacent property owner or occupants when a curb lane café applicant or permit holder wishes to extend beyond their frontage; and instead add a clause that despite Subsections A to E, the Executive Director may allow a permit area for a curb lane café to extend across the curb lane or parking area of an adjacent property where approved by the General Manager Transportation Services and the General Manager Economic Development and Culture through the pilot program described in Subsection B; and B. to authorize the General Manager, Transportation Services and General Manager, Economic Development and Culture to establish a pilot program from February 15, 2023 to October 15, 2024, inclusive, to allow for the expansion of curb lane café permit areas in front of a neighbouring property in a Business Improvement Area; in establishing the pilot program, the General Manager, Transportation Services and the General Manager, Economic Development and Culture shall: 1. determine which Business Improvement Area(s) a permit area must be in to be eligible for participation in the pilot program; and 2. establish appropriate guidelines for review and approval of expansion requests by the General Manager, Transportation Services and the General Manager, Economic Development and Culture, including: i. a requirement for the requested expansion area to be within and in accordance with a street plan prepared by the local Business Improvement Area and approved by the City; and ii. requiring permit holders to otherwise be in compliance with Chapter 742; 3. define location, size and length requirements for expansion areas, having regard to: i. balancing multiple uses of the highway; ii. the number of contiguous and/or adjacent permit areas; iii. the nature of the use of the neighbouring properties; and iv. applicable traffic safety and accessibility requirements; e. amend Section 742-9.5 B to read as follows: "All curbside café and marketing display permit holders with permit areas not located against the building wall of the associated establishment shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from November 15 of one year to April 14 of the next year, inclusive."; f. insert a new Section in Section 742-9.5 C to read as follows: "All curb lane café and public parklet permit holders shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from October 15 of one year to May 14 of the next year, inclusive."; g. amend Section 742-9.7 A (3) to remove the specific removal date requirements for café lighting so that it now reads: "Is removed in accordance with this Chapter, unless the frontage café or marketing display is permitted to remain on a sidewalk year-round"; h. amend Sections 742-1.1 and 742-9.9 to permit amplified live music on cafés as follows: A. insert a new definition of "amplified live music performance", in alphabetical order, to read as follows: AMPLIFIED LIVE MUSIC PERFORMANCE - A live performance for an audience by an individual musical artist or group of musical artists on physical or digital instruments, but excludes the playback of any recorded music without the active use of an instrument.; B. replace 742-9.9C with the following: "C. Despite Subsection A, amplified sound on a sidewalk café is permitted if: 1. the amplified sound is an amplified live music performance; 2. the amplified live music performance occurs only between the hours of: i. 5:00 p.m. to 10:00 p.m. on Thursday or Friday; ii. noon to 10:00 p.m. on Saturday; or iii. noon to 6:00 p.m. on Sunday; 3. the permit area is not located on a local road; 4. the permit holder has not been convicted of an offence under the Toronto Municipal Code or provincial legislation in the previous 12 months; and 5. the permit holder complies with Chapter 591, Noise, at all times."; i. amend Section 742-10.2, as follows: A. delete Section 742-10.2A (2), "does not result in more than 12 metres of curbside café(s), parklet café(s) and/or public parklet(s) fronting along any block of a street"; B. delete Section 742-10.2A (3), "provides access between adjacent curbside cafés or parklets for pedestrians from the street to the property line that is unobstructed and at least 1.8 metres in width"; C. insert in Section 742-10.2A that curbside cafés, curb lane cafés and public parklets not be in a location that interferes with a designated parking space under Municipal Code Chapter 903, Parking for Persons with Disabilities, local roads within a permit parking area, passenger loading, bus parking, bus loading, school bus loading, delivery vehicle parking, commercial loading, car-share vehicle parking areas, electric vehicle charging station parking, reserved lanes for designated classes of vehicles, or a portion of the highway designated as parking for restricted periods where the maximum period permitted is 30 minutes or less; and D. insert in Section 742-10.2A (9) the phrase "or separation distances provided in prior written approval given by the relevant utility or service." after the phrase "by the General Manager"; j. amend Section 742-10.3B to update the fencing requirements around curbside cafés to read as follows: "Permit holders shall ensure that all curbside cafés have full perimeter fencing or cane-detectable planters for the visually-impaired, with gaps only for accessible entrances."; k. amend Section 742-10.4 as follows: A. delete Section 742-10.4 A (1), "only within parking spaces where there are no restrictions or prohibitions for parking, standing or stopping in effect at any time of day"; B. insert in Section 742-10.4A "on only major arterial, minor arterial, collector or local road"; C. delete Section 742-10.4 A (7), "no wider than 2.0 metres in depth"; D. amend the setback requirements in Section 742-10.4 A (8) to provide for a minimum 1.5 metre set back from the adjacent travel lane on a street with streetcar tracks; or 1.2 metres on all other streets; or a greater setback as determined by the General Manager, Transportation Services, if considered on a street where posted and operating speeds are greater than 40 kilometre per hour"; E. insert in Section 742-10.4 B "include at least one 1.0-metre wide access point for every curb lane café and public parklet, an access point for every 15 metres of continuous fixed vertical barrier, and any other access points required by the General Manager, Transportation Services to ensure unobstructed street level building emergency access; and F. amend Section 742-10.4 B to provide that a curb lane café or public parklet is prohibited from obstructing a fire hydrant; l. amend Section 742-10.6 A as follows: A. insert "and a minimum height of 1.5 metres" in subsection (1); and B. amend subsection (2) so it includes the phrase "obstructs or obscures a building entrance" prior to the phrase "traffic control sign"; m. replace Section 742-10.7 D (1) with "easily removable and located along the full perimeter of the permit area with gaps only for accessible entrances"; n. amend Section 742-10.7 D (5) by inserting, "(c) a solid base that extends to or rests on the surface of the sidewalk with no gap"; o. amend Section 742-10.12 as follows: A. delete in Section 742-10.12 B the phrase "on a local road"; and B. insert in Section 742-10.12 C "not exceed a height of 0.6 metres measured from the surface of the sidewalk"; p. add a new Section 742-10.13 that: A. prohibits an associated establishment from having both a sidewalk café on a local road and a curb lane café on a different street; and B. prohibits an associated establishment from having more than one curb lane café permit area; q. amend Section 742-11.1 to: A. clarify that all wheeled displays and units must be equipped with a wheel-locking mechanism, or other provision to restrict the movement of the wheeled display or display unit; B. update the requirements in 742-11.1 A (8) for screens or fencing of marketing display areas, so that any screens or fencing in a permit area are: "(a) No shorter than 0.9 metres and no taller than 1.2 metres for the height of the top rail of the fence or top of the opaque part of planters and plants; and (b) No taller than 0.9 metres in height for all opaque parts of the fence or planters with plants within 30 metres of any intersection to maintain sightlines"; and C. remove the requirements for suitable and uniform materials of screens or fencing around marketing displays; r. amend Section 742-14.3 to add the following: Where an order has been made under this section and a person or permit holder fails to comply with the order, that person or permit holder shall pay an inspection fee for each inspection conducted by the City subsequent to the order where the non-compliance is continued to be found.; s. amend Appendix B to state that there shall only be one City-wide zone for all permits; and t. add a new Appendix C, Utility and Infrastructure Clearances to indicate minimum separation distances to utilities or public infrastructure with the content set out in Attachment 6 to the report (January 17, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture. 2. City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2 and Schedule 12, and Appendix E Schedule 1 by revising the permit fees for sidewalk cafés, curb lane cafés, marketing displays and adding new fees for patios in hardscaped parks and inspection fees in accordance with Attachment 4 to the report (January 17, 2023) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture. 3. City Council waive the application fee required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application for a public parklet received in the 2023 calendar year. 4. City Council amend Section 937-3.13 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting the phrase "214 consecutive days from April 15 of one year to November 15 of that same year as required for the purposes of permitting parklet cafés" and insert the phrase "153 consecutive days from May 15 of one year to October 15 of that same year as required for the purposes of permitting curb lane cafés". 5. City Council direct that the amendments to City of Toronto Municipal Code Chapters 441, Fees and Charges, 742, Sidewalk Cafés, Parklets and Marketing Displays and 937, Temporary Closing of Highways, come into effect immediately. 6. City Council authorize the General Manager, Economic Development and Culture to administer funding through the CaféTO Business Improvement Area grant to Business Improvement Areas to cover 50 percent of costs, to a maximum of $5,000 per Business Improvement Area, for plants, soil, other materials, watering services, and maintenance costs for planters as well as equipment, furniture, temporary platforms and other materials for public parklets and customized Business Improvement Area design plans for individual curb lane café alignments. 7. City Council direct the General Manager, Transportation Services and the General Manager, Economic Development and Culture to report on the pilot program in Recommendation 1.d. above, to the relevant committee with data and results of the pilot following the 2024 CaféTO season. 8. 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 consultation with the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, or the General Manager, Economic Development and Culture or in order to give effect to Recommendations 1 to 5 above.
Staff recommendation as filed
The General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards, and the General Manager, Economic Development and Culture recommend that: 1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows: a. Replace the words "parklet café" with "curb lane café" throughout the Chapter and amend section 742-1.1 by deleting the definition for parklet café and inserting a new definition for curb lane café, in alphabetical order, to read as follows: "CURB LANE CAFÉ - A sidewalk café that is a temporary lateral projection into the curb lane, parking lane, designated lane for bicycles or cycle track of a street." b. Amend Section 742-3.2 A (3) by inserting the word "Metrolinx" after the words "Toronto Hydro". c. Amend Section 742-7.2 by adding the phrase "and in no case wider than 2.0 metres". d. Amend Section 742-9.4: A. to remove the requirement for a letter of consent from adjacent property owner or occupants when a curb lane café applicant or permit holder wishes to extend beyond their frontage; and instead add a clause that despite Subsections A to E, the Executive Director may allow a permit area for a curb lane café to extend across the curb lane or parking area of an adjacent property where approved by the General Manager Transportation Services and the General Manager Economic Development and Culture through the pilot program described in Subsection B. B. To authorize the General Manager, Transportation Services and General Manager, Economic Development and Culture to establish a pilot program from February 15, 2023 to October 15, 2024, inclusive, to allow for the expansion of curb lane café permit areas in front of a neighbouring property in a Business Improvement Area. In establishing the pilot program, the General Managers shall: 1. Determine which Business Improvement Area(s) a permit area must be in to be eligible for participation in the pilot program. 2. Establish appropriate guidelines for review and approval of expansion requests by the General Managers, including: i. A requirement for the requested expansion area to be within and in accordance with a street plan prepared by the local BIA and approved by the City; and ii. Requiring permit holders to otherwise be in compliance with Chapter 742. 3. Define location, size and length requirements for expansion areas, having regard to: i. Balancing multiple uses of the highway; ii. The number of contiguous and/or adjacent permit areas; iii. The nature of the use of the neighbouring properties; and iv. Applicable traffic safety and accessibility requirements. e. Amend Section 742-9.5 B to read as follows: "All curbside café and marketing display permit holders with permit areas not located against the building wall of the associated establishment shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from November 15 of one year to April 14 of the next year, inclusive." f. Insert a new Section in Section 742-9.5 C to read as follows: "All curb lane café and public parklet permit holders shall remove all elements including fencing from the permit area, at the sole expense of the permit holder, from October 15 of one year to May 14 of the next year, inclusive." g. Amend Section 742-9.7 A (3) to remove the specific removal date requirements for café lighting so that it now reads: "Is removed in accordance with this Chapter, unless the frontage café or marketing display is permitted to remain on a sidewalk year-round" h. Amend Sections 742-1.1 and 742-9.9 to permit amplified live music on cafés as follows: A. by inserting a new definition of "amplified live music performance", in alphabetical order, to read as follows: AMPLIFIED LIVE MUSIC PERFORMANCE - A live performance for an audience by an individual musical artist or group of musical artists on physical or digital instruments, but excludes the playback of any recorded music without the active use of an instrument. B. Replace 742-9.9C with the following: "C. Despite Subsection A, amplified sound on a sidewalk café is permitted if: 1. the amplified sound is an amplified live music performance; 2. the amplified live music performance occurs only between the hours of: i. 5:00 p.m. to 10:00 p.m. on Thursday or Friday; ii. noon to 10:00 p.m. on Saturday; or iii. noon to 6:00 p.m. on Sunday; 3. the permit area is not located on a local road; 4. the permit holder has not been convicted of an offence under the Toronto Municipal Code or provincial legislation in the previous 12 months; and 5. the permit holder complies with Chapter 591, Noise, at all times." i. Amend Section 742-10.2, as follows: A. by deleting Section 742-10.2A (2), "does not result in more than 12 metres of curbside café(s), parklet café(s) and/or public parklet(s) fronting along any block of a street"; B. by deleting Section 742-10.2A (3), "provides access between adjacent curbside cafés or parklets for pedestrians from the street to the property line that is unobstructed and at least 1.8 metres in width"; C. by inserting in Section 742-10.2A that curbside cafés, curb lane cafés and public parklets not be in a location that interferes with a designated parking space under Municipal Code Chapter 903, Parking for Persons with Disabilities, local roads within a permit parking area, passenger loading, bus parking, bus loading, school bus loading, delivery vehicle parking, commercial loading, car-share vehicle parking areas, electric vehicle charging station parking, reserved lanes for designated classes of vehicles, or a portion of the highway designated as parking for restricted periods where the maximum period permitted is 30 minutes or less; and D. by inserting in Section 742-10.2A (9) the phrase "or separation distances provided in prior written approval given by the relevant utility or service." after the phrase "by the General Manager". j. Amend Section 742-10.3B to update the fencing requirements around curbside cafés to read as follows: "Permit holders shall ensure that all curbside cafés have full perimeter fencing or cane-detectable planters for the visually-impaired, with gaps only for accessible entrances". k. Amend Section 742-10.4 as follows: A. by deleting Section 742-10.4 A (1), "only within parking spaces where there are no restrictions or prohibitions for parking, standing or stopping in effect at any time of day"; B. by inserting in Section 742-10.4A "on only major arterial, minor arterial, collector or local road"; C. by deleting Section 742-10.4 A (7), "no wider than 2.0 metres in depth"; D. Amend the setback requirements in Section 742-10.4 A (8) to provide for a minimum 1.5 metre set back from the adjacent travel lane on a street with streetcar tracks; or 1.2 metres on all other streets; or a greater setback as determined by the General Manager, Transportation Services, if considered on a street where posted and operating speeds are greater than 40 km/hr"; E. by inserting in Section 742-10.4 B "include at least one 1.0-metre wide access point for every curb lane café and public parklet, an access point for every 15 metres of continuous fixed vertical barrier, and any other access points required by the General Manager, Transportation Services to ensure unobstructed street level building emergency access; F. Amending Section 742-10.4 B to provide that a curb lane café or public parklet is prohibited from obstructing a fire hydrant. l. Amend Section 742-10.6 A as follows: A. by inserting "and a minimum height of 1.5 metres" in subsection (1); B. by amending subsection (2) so it includes the phrase "obstructs or obscures a building entrance" prior to the phrase "traffic control sign". m. Replace Section 742-10.7 D (1) with "easily removable and located along the full perimeter of the permit area with gaps only for accessible entrances". n. Amend Section 742-10.7 D (5) by inserting, "(c) a solid base that extends to or rests on the surface of the sidewalk with no gap". o. Amend Section 742-10.12 as follows: A. by deleting in Section 742-10.12 B the phrase "on a local road". B. by inserting in Section 742-10.12 C "not exceed a height of 0.6 metres measured from the surface of the sidewalk". p. Add a new Section 742-10.13 that: A. prohibits an associated establishment from having both a sidewalk café on a local road and a curb lane café on a different street; B. prohibits an associated establishment from having more than one curb lane café permit area. q. Amend Section 742-11.1 to: A. Clarify that all wheeled displays and units must be equipped with a wheel-locking mechanism, or other provision to restrict the movement of the wheeled display or display unit. B. Update the requirements in 742-11.1 A (8) for screens or fencing of marketing display areas, so that any screens or fencing in a permit area are: "(a) No shorter than 0.9 metres and no taller than 1.2 metres for the height of the top rail of the fence or top of the opaque part of planters and plants; (b) No taller than 0.9 metres in height for all opaque parts of the fence or planters with plants within 30 metres of any intersection to maintain sightlines" C. remove the requirements for suitable and uniform materials of screens or fencing around marketing displays. r. Amend Section 742-14.3 to add the following: Where an order has been made under this section and a person or permit holder fails to comply with the order, that person or permit holder shall pay an inspection fee for each inspection conducted by the City subsequent to the order where the non-compliance is continued to be found. s. Amend Appendix B to state that there shall only be one City-wide zone for all permits. t. Add a new Appendix C, Utility and Infrastructure Clearances to indicate minimum separation distances to utilities or public infrastructure with the content set out in Attachment 6 of this report. 2. City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2 and Schedule 12, and Appendix E Schedule 1 by revising the permit fees for sidewalk cafés, curb lane cafés, marketing displays and adding new fees for patios in hardscaped parks and inspection fees in accordance with Attachment 4 to the report (January 17, 2023) from the General Manager, Transportation Services, Executive Director, Municipal Licensing and Standards and General Manager, Economic Development and Culture. 3. City Council waive the application fee required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application for a public parklet received in the 2023 calendar year. 4. City Council amend section 937-3.13 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting the phrase "214 consecutive days from April 15 of one year to November 15 of that same year as required for the purposes of permitting parklet cafés" and insert the phrase "153 consecutive days from May 15 of one year to October 15 of that same year as required for the purposes of permitting curb lane cafés". 5. City Council direct that the amendments to City of Toronto Municipal Code Chapters 441, Fees and Charges, 742, Sidewalk Cafés, Parklets and Marketing Displays and 937, Temporary Closing of Highways, come into effect immediately. 6. City Council authorize the General Manager, Economic Development and Culture to administer funding through the CaféTO BIA grant to Business Improvement Areas to cover 50% of costs, to a maximum of $5,000 per BIA, for plants, soil, other materials, watering services, and maintenance costs for planters as well as equipment, furniture, temporary platforms and other materials for public parklets and customized BIA design plans for individual curb lane café alignments. 7. City Council direct the General Manager, Transportation Services and General Manager, Economic Development and Culture to report on the pilot program in Part 1 d, above, to the relevant committee with data and results of the pilot following the 2024 CaféTO season. 8. 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 consultation with the General Manager, Transportation Services, Executive Director, Municipal Licensing and Standards, or the General Manager, Economic Development and Culture or in order to give effect to Parts 1 to 5 above.
EX2.5amended
Ensuring Transparency in the 2022 Election: Amending the Contribution Rebate Program
City Council on December 14 and 15, 2022, referred Motion MM2.15 to the Executive Committee for further consideration. Beginning with the 2003 election and in every election until 2021, City Council maintained the requirement that all participants in the Contribution Rebate Program submit copies of all campaign invoices. These invoices reside in the City Clerk's Office and may be inspected by any individual. According to a 2002 staff report, Members of Council added the requirement to provide copies of invoices due to concern for the "lack of documentation of campaign expenses" that was otherwise available. On October 1, 2021, City Council adopted the recommendations of a report entitled, "Mail-In Voting and Contribution Rebate Programs in the 2022 General Municipal Election." The recommendations regarding the Contribution Rebate Program eliminated the requirement for candidates to provide copies of all campaign invoices. While the requirement to submit copies of invoices was removed, candidates are still required by the Municipal Elections Act to maintain invoice records privately. It is not too late to amend Municipal Code Chapter 53, Elections, to include the requirement to submit copies of all invoices for the 2022 election cycle. As candidates are required by law to maintain those records, they will still be available to submit with initial audited financial statements. The first deadline for initial audited financial statements is March 31, 2023. Any candidate that submits their initial audited financial statements before becoming aware of the need to submit copies of all invoices will have the opportunity to amend their filing any time before their deadline to file (including the statutory grace period).
The Executive Committee recommends that: 1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under Section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): "3) A copy of all campaign invoices" to take effect for future by-elections and general elections. 2. City Council direct the City Clerk to inform all candidates for Mayor and City Councillor of this change by any means the City Clerk deems appropriate.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Chris Moise, recommends that: 1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): "3) A copy of all campaign invoices" retroactive to the 2022 municipal election campaign finances. 2. City Council direct the City Clerk to inform all candidates for Mayor and City Councillor of this change by any means the City Clerk deems appropriate.
EX2.6adopted
From December 6-8, 2022 I was one of the representatives of the City of Toronto at the Federation of Canadian Municipalities (FCM) Board of Directors Meetings and Advocacy Days in Ottawa, Ontario. FCM's leadership also hosted the Big City Mayors' Caucus and met with Prime Minister Justin Trudeau on December 6, 2022. I attended Committee of the Whole meetings, the Board of Directors meeting, met with Members of Parliament for Advocacy and attended the keynote Speakers events. Workshops and panels, I attended: - Advocacy discussion on Infrastructure with Members of Parliament M.P. George Chahal and M.P. Jennifer O'Connell - Round Table Discussions - Keynote Speaker discussion with Minister Dominic Leblanc - Keynote Speaker discussion with NDP Leader M.P. Jagmeet Singh - Reception with Parliamentarians - Tour of the Federation of Canadian Municipalities Office - Question Period at Parliament Hill - Conservative Party Shadow Ministers Panel - Advocacy discussion on Infrastructure with Members of Parliament: M.P. Dan Mazier, M.P. Leslyn Lewis and M.P. Mark Strahl FCM's 2022-2023 Board of Directors: - President: Taneen Rudyk (Councillor, the Town of Vegreville, AB) - First Vice-President: Scott Pearce (Mayor, Canton of Gore, QC) - Second Vice-President: Geoff Stewart (Deputy Mayor, Municipality of the County of Colchester, NS) - Third Vice-President: Rebecca Bligh (Councillor, City of Vancouver, BC)
The Executive Committee recommends that: 1. City Council receive for information the Federation of Canadian Municipalities Board of Directors Meetings and Advocacy Days Report to Council December 6-8, 2022.
Staff recommendation as filed
Councillor Paul Ainslie recommends that: 1. City Council receive for information the Federation of Canadian Municipalities Board of Directors Meetings and Advocacy Days Report to Council December 6-8, 2022.
EX2.7referred
City Council on July 19, 20, 21 and 22, 2022, adopted Item AU13.13 as amended, and in so doing, has forwarded the report (June 24, 2022) from the Auditor General to the Budget Committee for consideration during the 2023 Budget process. In recent years, the Auditor General has completed a number of comprehensive and complex audits and investigations that covered a broad range of programs and services across the City and its agencies and corporations. The Auditor General's 2022 Work Plan included 20 in-progress projects and upcoming projects for 2022 and another 16 projects to be initiated in 2022 or 2023, contingent upon availability of audit resources and consideration of emerging risks. To date, the Auditor General has completed ten projects in 2022. There are currently more than seven projects, including recommendation follow-up of certain high priority recommendations and two information technology projects, as well as several investigations underway. The purpose of this report is to: 1. provide an update on the status of the Auditor General's 2022 Work Plan 2. highlight staffing challenges impacting the Work Plan 3. request carryover of operating funding for key audit projects through the creation of a new discretionary reserve fund for the Auditor General's Office. In the first half of 2022, the Auditor General's Office was impacted by unanticipated staff leaves, turnover, and vacancies which has led to staffing and capacity constraints. The lower than expected staff complement is expected to continue through the next several months. Consequently, certain projects in the 2022 Work Plan will likely need to be delayed or deferred.
The Executive Committee referred the Item to the Chief Financial Officer and Treasurer for consideration and report back to the Executive Committee prior to the 2024 budget process.