Executive Committee
The full agenda, as filed
All 17 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.
EX27.1adopted
City Manager's October 2021 COVID-19 Recovery and Rebuild Update
This report is the tenth COVID-19 Recovery Update from the City Manager since April 2020. The City's priorities continue to be on supporting residents, businesses and communities through safe reopening and maximizing vaccination rates. The City Manager's July 2021 update introduced RecoveryTO ( www.toronto.ca/RecoveryTO ) as the City's new resource for information on initiatives related to COVID-19 recovery. The City Manager's Recovery update reports focus only on significant, cross-cutting or whole-of government recovery-related information and recommendations, such as updates on intergovernmental activities, reopening of City services and COVID-19 related financial impacts. All other City recovery-related reports now routinely route through the appropriate Standing Committee, Community Council or directly to City Council. A summary of recent and relevant reports, media releases and announcements are highlighted in this report and linked through RecoveryTO ( www.toronto.ca/RecoveryTO ).
The Executive Committee recommends that: 1. City Council authorize the City Manager and/or any other relevant City Official, in consultation with the Chief Financial Officer and Treasurer, to apply for and receive funding, and negotiate, enter into and execute any agreements required in respect of receiving such funding, including any amendments and extensions thereto, with the Government of Canada, the Province of Ontario, their respective agencies/partners, or other funding partners until the first scheduled City Council meeting after January 31, 2022 in a form satisfactory to the City Solicitor. 2. City Council authorize the City Manager to negotiate, execute, renew and extend any agreements which may be required with third parties including without limitation with Greater Toronto Hamilton Area municipalities, to support the work of the Greater Toronto Hamilton Area-Regional Prosperity Alliance, including to accept reimbursement from other municipalities for the purposes of cost sharing.
Staff recommendation as filed
The City Manager recommends: 1. City Council authorize the City Manager and/or any other relevant City Official, in consultation with the Chief Financial Officer and Treasurer, to apply for and receive funding, and negotiate, enter into and execute any agreements required in respect of receiving such funding, including any amendments and extensions thereto, with the Government of Canada, the Province of Ontario, their respective agencies/partners, or other funding partners until the first scheduled City Council meeting after January 31, 2022 in a form satisfactory to the City Solicitor. 2. City Council authorize the City Manager to negotiate, execute, renew and extend any agreements which may be required with third parties including without limitation with GTHA municipalities, to support the work of the Greater Toronto Hamilton Area-Regional Prosperity Alliance, including to accept reimbursement from other municipalities for the purposes of cost sharing.
EX27.2adopted
Accountability Officer Roles and the City of Toronto's Procurement Process
This report responds to City Council direction for a review of the role of Toronto's Accountability Officers in relation to the procurement process and identification of any gaps. The City Manager's Office has consulted with Toronto's Accountability Officers to understand their perspectives related to the City's procurement process and reviewed models of oversight of procurement processes in other jurisdictions.
The Executive Committee recommends that: 1. City Council receive the report (October 13, 2021) from the City Manager for information.
Staff recommendation as filed
The City Manager recommends that: 1. City Council receive this report for information.
EX27.3adopted
Core Infrastructure Asset Management Plan
This report presents the City of Toronto's Core Infrastructure Asset Management Plan for City Council's approval, in accordance with Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure (the "Regulation"). The regulations were subsequently amended in March of 2021 under Ontario Regulation 193/21 to change the timing of reporting requirements under the Act. The report will address the infrastructure elements as outlined in the regulation and include water, wastewater, stormwater, roads, bridges and culvert asset groups. The Core Infrastructure Asset Management Plan is aligned with Corporate Asset Management Policy approved by Council in 2019 and incorporates key principles and strategic directions that enhance asset management practices and ensure that asset management activities are continuously improved and integrated across the organization. The asset management plans in this report are based on the work used to develop the annual Capital Budget and Plan for the core infrastructure asset groups managed by Toronto Water and Transportation Services Divisions. Asset management integrates planning, finance, engineering and operations to realize value from assets, reduce risks and provide expected levels of service to the community in a socially, environmentally and economically sustainable manner. Effective asset management requires an overarching framework to establish and guide its practice so that asset management becomes central to strategic, financial and operational decision-making at all levels of the organization. The Core Infrastructure Asset Management Plans in Appendix 1 and 2 of the attached report, provides the foundation that will support an integrated approach at the City as it develops and matures its asset management practice and ensure the sustainability of assets and related services; optimize infrastructure investment decisions; and support reliable service delivery. The Asset Management Plans provide an inventory by asset category, asset conditions, service levels and asset life cycle activities and costs required to maintain current service levels. The Plan also identifies the impacts of growth including costs to accommodate demand and the operating costs required to maintain current service levels in accordance with the first-phase requirements of Ontario Regulation 588/17. Staff are recommending that, given the scale of assets being presented in the attached plans, the General Managers of Toronto Water and the Transportation Services Divisions be provided the authority to make non-material amendments to the plans as required, such as minor changes to asset inventory or condition, prior to the July 1, 2022 regulatory deadline for Core Infrastructure Asset Plans.
The Executive Committee recommends that: 1. City Council adopt the Core Infrastructure Asset Management Plans as set out in Attachment 1 to the report (September 23, 2021) from the City Manager and the Chief Financial Officer and Treasurer and City Council authorize the General Manager, Toronto Water and the General Manager, Transportation Services to make any required non-material amendments to the plans prior to the July 1, 2022 regulatory deadline. 2. City Council direct the City Manager to make available the final approved Core Infrastructure Asset Management Plans as amended to the public via the City website and to distribute printed copies as requested.
Staff recommendation as filed
The City Manager and the Chief Financial Officer and Treasurer recommend that: 1. City Council adopt the Core Infrastructure Asset Management Plans as set out in the attached report and provide authority to the General Managers of Toronto Water and the Transportation Services Divisions to make any required non-material amendments to the plans prior to the July 1, 2022 regulatory deadline. 2. City Council direct the City Manager to make available the final approved Core Infrastructure Asset Management Plans as amended to the public via the City website and to distribute printed copies as requested.
EX27.4amended
City-wide Real Estate - Next Phase of Implementation
The purpose of this report is to provide an update on the next phase of implementation of the City-wide Real Estate ("C.W.R.E.") Transformation. The report will provide a summary of accomplishments achieved during the first three-year period of implementation and value delivered to date. It also sets the stage for the continued advancement of the centralization of strategic real estate activities and service functions, in support of City Divisions, Agencies and Corporations (D.A.C.), City-building opportunities, and City Council priorities. In particular, the report addresses three key matters. 1. The report reaffirms the purpose and intent of the City-wide Real Estate ("C.W.R.E.") Transformation and the new Real Estate Service Delivery model ("the Model"), approved by Council in 2017 (EX25.9) through four key principles for strategic investment in real estate. It also makes recommendations to update existing policies to align and enable the new real estate operating Model. 2. The report also provides Council with an update of the City's journey toward centralization of real estate activities and functions across all Divisions, Agencies, and Corporations. In 2017, City Council consolidated real estate authorities related to asset-use and transactions. The next phases will see the establishment of expanded centralized oversight, through capital planning governance and prioritization city-wide, and city-wide real estate asset management practice. Additionally, property management and facility operations functions and accountability will be brought into the Corporate Real Estate Management Division. 3. Finally, the report includes recommendations to ensure the future financial sustainability of CreateTO. The funding method used during its first three years was meant as a temporary funding mechanism and a new approach is required to ensure the agency is sustainably funded.
The Executive Committee recommends that: Real Estate Authorities and Centralization 1. City Council direct that all City Divisions, and the City Agencies and Corporations identified in Attachment 1 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services operate in accordance with the City's centralized Real Estate Service Delivery Model as approved by City Council on May 24, 25, and 26, 2017 in Item 2017.EX25.9 and the report (October 13, 2021) from the Deputy City Manager, Corporate Services.  2. City Council direct that any City Agencies or Corporations that are created in the future be required to operate in accordance with the City's centralized Real Estate Service Delivery Model, unless expressly exempted from doing so by City Council. 3. City Council amend Municipal Code Chapter 279, Toronto Transit Commission substantially in the form as set out in Attachment 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services, effective upon approval, subject to such stylistic or technical amendments as may be required by the City Solicitor. Strategic Investment and Property Acquisitions / Transfers 4. City Council adopt the following Principles to guide strategic real estate investment: a. the City's real estate assets are to be optimized for City-wide benefit as part of the City-wide Real Estate Model and capital investment in real estate, including state-of-good-repair investments, will be prioritized with a City-wide lens; b. existing real estate assets that are unlocked through portfolio optimization will be repurposed to meet program needs and City building opportunities as a first priority; c. in the event that City Council determines that a sale of a real estate asset is the best way to maximize its value to the City, net proceeds will be reinvested into real estate assets to support the current and future ability to deliver City programs, either to fund the purchase of new real estate assets and expanded capacity, or to invest in state-of-good-repair as part of life-cycle asset management; and d. the City may, from time to time, proactively acquire real estate assets where lands become available through unforeseen circumstances and/or without identified and/or immediate program requirements; such strategic real estate acquisitions will be consistent with the City-Wide Real Estate mandate to enable city building and support the City's corporate priorities. 5. City Council adopt the Strategic Acquisition Policy set out in Attachment 3 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services, and rescind the framework for Strategic Property Acquisitions approved by City Council on August 25, 26, 27, and 28, 2014 in Item 2014.EX44.22 and City Council amend General Condition (D) of Appendix B of Toronto Municipal Code Chapter 213, Real Property, to reflect this change. 6. City Council direct that a minimum of 20 percent of the land value that is unlocked or generated from portfolio optimization initiatives, as determined by the Chief Financial Officer and Treasurer on a recommendation from the Chief Executive Officer, CreateTO, in consultation with the Deputy City Manager, Corporate Services, be deposited in the Land Acquisition Reserve Fund. 7. City Council exempt the sites identified by City Council as part of the Housing Now Program from the direction in Recommendation 6 above. 8. City Council amend the "Policy Governing Land Transactions Among City Agencies, Boards, Commissions and Departments and Proceeds from Sale of Surplus City-Owned Real Property" (Clause 1 of Report No. 9 of the Policy and Finance Committee, as adopted by City Council on June 18, 19 and 20, June 2002) as follows: - delete clause (7) so that all proceeds from future sales of any real estate assets are directed to the Land Acquisition Reserve Fund to fund future City-wide future real estate capital requirements, and - delete clause (9) so that if there is a jurisdictional transfer or sale of land under the jurisdiction of the Toronto Parking Authority which was purchased by the City with parking revenues, the land will no longer be valued at fair market value with all net proceeds going to the Parking Reserve Fund, and the Toronto Parking Authority will no longer be required to pay fair market value if it is receiving a jurisdictional transfer of land. 9. City Council amend the purpose for the Land Acquisition Reserve Fund in the Toronto Municipal Code, Chapter 227, Reserves and Reserve Fund to read: "Provides funding for various capital projects involving acquisitions of real estate assets and/or significant capital improvements to existing real estate assets to support City Programs and the City's city building objectives." Financial Matters 10. City Council direct the Chief Executive Officer, CreateTO and the Chief Financial Officer and Treasurer in collaboration with the Deputy City Manager, Corporate Services to identify and implement a new funding model, both operating and capital, for CreateTO as part of the 2022 Budget process. 11. City Council direct the Chief Executive Officer, CreateTO, in collaboration with the Executive Director, Corporate Real Estate Management, the Deputy City Manager, Corporate Services, and the Chief Financial Officer and Treasurer to identify net new revenues sources to support CreateTO's operating budget. 12. City Council direct the Deputy City Manager, Corporate Services, the Chief Financial Officer and Treasurer, the Executive Director, Corporate Real Estate Management, and the Chief Executive Officer, CreateTO, in consultation with the City's Divisions, Agencies and Corporations to establish a City-wide view of real estate capital needs, and governance for prioritization of real estate capital expenditures on a City-wide basis for consideration by the Budget Committee and City Council, starting with land acquisitions and new construction as part of the 2023 Budget process and continuing on to state-of-good-repair investment needs in subsequent budgets. General 13. City Council direct the Deputy City Manager, Corporate Services, in consultation with the Chief Executive Officer, CreateTO and the Executive Director, Housing Secretariat, to report back to the Executive Committee in the first quarter of 2022, as part of the next phase of implementation of the real estate model, with a process and selection criteria for identification of future sites for the Housing Now Program.
Staff recommendation as filed
The Deputy City Manager, Corporate Services recommends that: Real Estate Authorities and Centralization 1. City Council direct that all City Divisions, and the City Agencies and Corporations identified in Attachment 1 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services operate in accordance with the City's centralized Real Estate Service Delivery Model as approved by City Council on May 24, 25, and 26, 2017 in Item EX25.9 and the report (October 13, 2021) from the Deputy City Manager, Corporate Services.  2. City Council direct that any City Agencies or Corporations that are created in the future be required to operate in accordance with the City's centralized Real Estate Service Delivery Model, unless expressly exempted from doing so by City Council. 3. City Council amend the Municipal Code Chapter 279, Toronto Transit Commission substantially in the form as set out in Attachment 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services, effective upon approval, subject to such stylistic or technical amendments as may be required by the City Solicitor. Strategic Investment and Property Acquisitions / Transfers 4. City Council adopt the following Principles to guide strategic real estate investment: a. The City's real estate assets are to be optimized for City-wide benefit as part of the City-wide Real Estate Model and capital investment in real estate, including state-of-good-repair investments, will be prioritized with a City-wide lens, b. Existing real estate assets that are unlocked through portfolio optimization will be repurposed to meet program needs and city building opportunities as a first priority, c. In the event that City Council determines that a sale of a real estate asset is the best way to maximize its value to the City, net proceeds will be reinvested into real estate assets to support the current and future ability to deliver City programs, either to fund the purchase of new real estate assets and expanded capacity, or to invest in state-of-good-repair as part of life-cycle asset management, and d. The City may, from time to time, proactively acquire real estate assets where lands become available through unforeseen circumstances and/or without identified and/or immediate program requirements. Such strategic real estate acquisitions will be consistent with the City-Wide Real Estate mandate to enable city building and support the City's corporate priorities. 5. City Council adopt the Strategic Acquisition Policy set out in Attachment 3 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services, and rescind the framework for Strategic Property Acquisitions approved by City Council on August 25, 26, 27, and 28, 2014 in Item EX44.22 and authorize an amendment to General Condition (D) of Appendix B of Toronto Municipal Code Chapter 213, Real Property, to reflect this change. 6. City Council direct that a minimum of 20 percent of the land value that is unlocked or generated from portfolio optimization initiatives, as determined by the Chief Financial Officer and Treasurer on a recommendation from the Chief Executive Officer, CreateTO in consultation with the Deputy City Manager, Corporate Services, be deposited in the Land Acquisition Reserve Fund ("L.A.R.F."). 7. City Council amend the "Policy Governing Land Transactions Among City Agencies, Boards, Commissions and Departments and Proceeds from Sale of Surplus City-Owned Real Property" (Clause 1 of Report No. 9 of the Policy and Finance Committee, as adopted by City Council on June 18, 19 and 20, June 2002) as follows: - Delete clause (7) so that all proceeds from future sales of any real estate assets are directed to the L.A.R.F. to fund future City-wide future real estate capital requirements, and - Delete clause (9) so that if there is a jurisdictional transfer or sale of land under the jurisdiction of the Toronto Parking Authority ("T.P.A.") which was purchased by the City with parking revenues, the land will no longer be valued at fair market value with all net proceeds going to the Parking Reserve Fund, and T.P.A. will no longer be required to pay fair market value if it is receiving a jurisdictional transfer of land. 8. City Council amend the purpose for the Land Acquisition Reserve Fund in the Toronto Municipal Code, Chapter 227, Reserves and Reserve Fund to read: "Provides funding for various capital projects involving acquisitions of real estate assets and/or significant capital improvements to existing real estate assets to support City Programs and the City's city building objectives." Financial Matters 9. City Council direct the Chief Executive Officer, CreateTO and the Chief Financial Officer and Treasurer in collaboration with the Deputy City Manager, Corporate Services to identify and implement a new funding model, both operating and capital, for CreateTO as part of the 2022 budget process. 10. City Council direct the Chief Executive Officer, CreateTO, in collaboration with the Executive Director, Corporate Real Estate Management, the Deputy City Manager, Corporate Services, and the Chief Financial Officer and Treasurer to identify net new revenues sources to support CreateTO's operating budget. 11. City Council direct the Deputy City Manager, Corporate Services, the Chief Financial Officer and Treasurer, the Executive Director, Corporate Real Estate Management, and the Chief Executive Officer, CreateTO, in consultation with the City's Divisions, Agencies and Corporations to establish a City-wide view of real estate capital needs, and governance for prioritization of real estate capital expenditures on a City-wide basis for consideration by the Budget Committee and City Council, starting with land acquisitions and new construction as part of the 2023 budget process and continuing on to state-of-good-repair investment needs in subsequent budgets.
EX27.5adopted
Unlocking Real Estate Capital - Exploring the Strategic Disposal of 249 Queens Quay West
CreateTO and Corporate Real Estate Management, in partnership with Economic Development and Culture, the Housing Secretariat, and with support from the Harbourfront Centre, have been pursuing an opportunity to explore the disposal of a stratified interest in the City owned property located at 249 Queens Quay West, shown on the site profile attached hereto as Appendix 1 ("Subject Property A"). Subject Property A was identified by the City of Toronto as an under-leveraged asset that could be better utilized to support other city building opportunities. Subject Property A is owned by the City of Toronto and is tenanted by 1548383 Ontario Limited, o/a Silver Hotel Group (the "Silver Hotel Group"). The Silver Hotel Group operates the Radisson Admiral Hotel Toronto Harbourfront on Subject Property A. CreateTO and Corporate Real Estate Management, working with the Housing Secretariat, identified the opportunity to dispose Subject Property A to support the 2020 direction from Council to establish an ongoing Municipal Small Sites Rental Housing Acquisition Program. After completing a successful pilot project to protect rooming houses for long-term affordability, the Housing Secretariat is bringing forward a report, the New Multi-Unit Residential Acquisition (MURA) Program to Protect Existing Affordable Rental Homes that establishes and outlines the implementation of an acquisition program to Planning and Housing Committee in October 2021. The MURA program will grant funds to non-profit housing organizations or community land trusts to facilitate the purchase and conversion of at-risk private market affordable rental housing into permanently affordable housing. The net proceeds resulting from the disposal of Subject Property A would be designated as a funding source for MURA. The City acquired Subject Property A through an implementation agreement (the "Implementation Agreement") dated October 6, 1992 between Harbourfront Corporation (now Harbourfront Corporation (1990)) and Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Works (now the Minister of Public Services and Works) (the "Federal Government"). As part of the Implementation Agreement, the City is to deposit the net income or net proceeds realized by the City from the use of Subject Property A to the Harbourfront Foundation. However, Staff and the Harbourfront Centre have reached agreement on a proposal that would allow the City to satisfy its obligations under the Implementation Agreement and provide significant support to this important cultural institution while at the same time, retain a portion of the net proceeds of the sale to support funding for the Multi-Unit Residential Acquisitions Program. An initial property to be assessed for acquisition under MURA is the Parkview Arms Hotel, a rooming house offering 58 furnished rooms at 935 Queen Street West ("Subject Property B") as shown on the site profile attached hereto as Appendix 3, also owned by the Silver Hotel Group. The strategic disposal of Subject Property A and potential acquisition of Subject Property B would support Council's goals set out in the HousingTO 2020-203 Action Plan and direction set in 2020 to establish a program to acquire small sites for affordable housing purposes. These transactions follow the principles set out in the City-Wide Real Estate Model, namely that the City should consider selling a real estate asset if it maximizes its value to the City, and net proceeds are to be invested into real estate assets to support City programs.
The Executive Committee recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management and the City Solicitor to negotiate with the Silver Hotel Group for the sale of the Subject Property based on the appraised value of Subject Property A as outlined in Confidential Attachments 1 and 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services and City Council authorize severally each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services, Corporate Real Estate Management to accept, on behalf of the City, an Offer to Purchase from the Silver Hotel Group that meets the requirements set out in Confidential Attachments 1 and 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services and is otherwise in a form and substance acceptable to the City Solicitor. 2. City Council declare a portion of the City-owned property at 249 Queens Quay West surplus, with the intended manner of disposal to be by way of a stratified interest to Silver Hotel Group and City Council direct staff to take all steps necessary to comply with the City of Toronto's real estate disposal process in Article 1 of City of Toronto Municipal Code Chapter 213, Real Property. 3. City Council authorize the Executive Director, Corporate Real Estate Management to engage a third party property surveyor to determine the stratified interest of Subject Property A to be conveyed as a result of any purchase. 4. City Council authorize the Executive Director, Corporate Real Estate Management to use a portion of the net proceeds from the sale of Subject Property A for due diligence work, including surveying work for both Subject Property A and B, and to ensure that the Silver Hotel Group's account in respect of its lease of Subject Property A is reconciled and that the lease is in good standing prior to the closing of any proposed transaction. 5. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO and the General Manager, Economic Development and Culture, to work with the Harbourfront Centre and the Federal Government on a mutually agreeable arrangement in relation to the Implementation Agreement with respect to the allocation of the sale proceeds from the Subject Property as set out in Confidential Attachment 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services. 6. City Council direct the Controller to transfer a portion of the proceeds, identified in Confidential Attachment 1 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services, from the disposal of Subject Property A to the Land Acquisition Reserve Fund (XR1012) and designate that these proceeds are to be used for the Multi-Unit Residential Acquisitions Program managed by the Executive Director, Housing Secretariat with support from the Executive Director, Corporate Real Estate Management. 7. City Council authorize the General Manager, Economic Development and Culture, in consultation with CreateTO, to develop a strategy with Harbourfront Centre to identify new revenue generation opportunities by leveraging the real estate assets on their site. 8. City Council authorize the public release of Confidential Attachments 1 and 2 to the report (October 13, 2021) from the Deputy City Manager, Corporate Services following the closing of the transaction.
Staff recommendation as filed
The Deputy City Manager, Corporate Services recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management and the City Solicitor to negotiate with the Silver Hotel Group for the sale of the Subject Property based on the appraised value of Subject Property A as outlined in Confidential Attachments 1 and 2, and each of the Executive Director, Corporate Real Estate Management and the Director, Transaction Services, Corporate Real Estate Management be authorized severally to accept on behalf of the City an Offer to Purchase from the Silver Hotel Group that meets the requirements set out in Confidential Attachments 1 and 2 and is otherwise in a form and substance acceptable to the City Solicitor. 2. City Council declare a portion of the City-owned property at 249 Queens Quay West surplus, with the intended manner of disposal to be by way of a stratified interest to Silver Hotel Group and City Council direct staff to take all steps necessary to comply with the City of Toronto's real estate disposal process in Article 1 of City of Toronto Municipal Code Chapter 213, Real Property. 3. City Council authorize the Executive Director, Corporate Real Estate Management to engage a third party property surveyor to determine the stratified interest of Subject Property A to be conveyed as a result of any purchase. 4. The Executive Director, Corporate Real Estate Management, use a portion of the net proceeds from the sale of Subject Property A for due diligence work, including surveying work for both Subject Property A and B, and ensure that the Silver Hotel Group's account in respect of its lease of Subject Property A is reconciled and that the lease is in good standing prior to the closing of any proposed transaction. 5. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the Chief Executive Officer, CreateTO, and General Manager, Economic Development and Culture, to work with the Harbourfront Centre and the Federal Government on a mutually agreeable arrangement in relation to the Implementation Agreement with respect to the allocation of the sale proceeds from the Subject Property as set out in Confidential Attachment 2. 6. City Council direct the Controller, City of Toronto, transfer a portion of the proceeds, identified in Confidential Attachment 1, from the disposal of Subject Property A to the Land Acquisition Reserve Fund (XR1012) and designate that these proceeds to be used for the Multi-Unit Residential Acquisitions Program managed by the Executive Director, Housing Secretariat with support from the Executive Director, Corporate Real Estate Management. 7. City Council authorize the General Manager, Economic Development and Culture in consultation with CreateTO develop a strategy with Harbourfront Centre to identify new revenue generation opportunities by leveraging the real estate assets on their site. 8. City Council authorize the public release of Confidential Attachment 1 and 2 following the closing of the transaction.
EX27.6adopted
Next Phase of Waterfront Revitalization
This report provides a general update on Waterfront Revitalization, an outlook on the next phase and requests Council direction on certain transactional matters related to ongoing revitalization including: -A public consultation and stakeholder engagement process that will result in a renewed vision for Toronto's waterfront, setting the stage for a further phase that will build on 20+ years of tri-government-led waterfront revitalization success; -A summary of the findings of the 2020 Waterfront Strategic Review Update, a follow-up to a review undertaken in 2015; -Two Consent requests that have been made by Waterfront Toronto; -An update with next steps with respect to implementation and planning work that is in progress for the Villiers Island Precinct and the Port Lands; and -City Council direction for staff to review the real estate development responsibilities of Waterfront Toronto and CreateTO to ensure that there is alignment, including the ability to leverage the skills of both organizations to enable effective and efficient project delivery in the Port Lands. This report recommends that staff report back to the Executive Committee twice in 2022: -Once in Q1 2022, with the results of public consultation and stakeholder engagement on a next phase of waterfront revitalization, including a renewed waterfront vision; and -Once in Q2 2022, with an update on business and implementation planning work for the Villiers Island Precinct and the Port Lands. Waterfront revitalization, launched in October 2000, has been an overwhelming success. Working together, the three orders of government, through Waterfront Toronto, have delivered solid social, economic, public realm and environmental benefits. To-date, $2.75 billion in tri-government investments in the waterfront are estimated to have created 20,785 years of construction employment, 5,000 permanent jobs, added $2.7 billion of economic activity into the Canadian economy, and generated almost $1.1 billion in tax revenues (largely Provincial and Federal income taxes). This has also triggered over $13.2 billion of private sector investment in the waterfront. These benefits have resulted primarily through the transformation of the West Don Lands and East Bayfront precincts through flood protection, remediation, land servicing, public realm investments, and private sector development investments. The current focus of revitalization is the ongoing Port Lands transformation, beginning with Port Lands Flood Protection. Waterfront revitalization outcomes are local, provincial and national in significance, and have been driven by a unique tri-government partnership and governance structure focussed on outcomes. Through upfront investment, government partners are reconnecting the city with its waterfront, building complete communities and streets, raising design standards through an environmental lens, providing new homes and affordable housing, jobs, and open spaces adjacent to downtown Toronto. Toronto's waterfront is an important asset in attracting and retaining talented workers in critical "innovation" industries. A Further Phase of Waterfront Revitalization The task of revitalizing the city's waterfront is far from complete. City staff have started preliminary discussions with their counterparts at the Provincial and Federal governments, Waterfront Toronto and other organizations that touch the waterfront about a further phase of waterfront revitalization and the required investments to support this work. Discussions have just commenced and will continue into 2022. Working with waterfront stakeholders, staff have developed a list of shared waterfront outcomes and priorities, as depicted in Figure 1. The inner circle identifies potential waterfront outcomes while the outer circle identifies categories of potential waterfront priorities/projects. Figure 1: Shared Waterfront Outcomes and Priorities (Note: To view Figure 1: Shared Waterfront Outcomes and Priorities, please refer to the Summary section of the report located under Background Information.) Our Toronto Waterfront: Gateway to the New Canada, the original overarching vision for Toronto's waterfront, was published by the Toronto Waterfront Revitalization Task Force, led by Robert Fung, in 2000. This vision set in motion major planning approvals, including the Central Waterfront Secondary Plan and numerous precinct plans, as well as an extensive pipeline of development and infrastructure projects. Although, the Task Force vision is still relevant two decades later, the opportunity has emerged to renew it to reflect current priorities, including pressing factors such as the need to advance Reconciliation, recover from the COVID-19 pandemic, address the climate crisis, provide affordable housing and make progress on social equity issues. Led by the City Manager and the City's Senior Leadership Team, City staff will be working with the City's waterfront partners, including Waterfront Toronto, CreateTO and the Provincial and Federal governments, to undertake a public consultation and stakeholder engagement process from November 2021 to January 2022 that will articulate a renewed unifying and multi-generational vision for the waterfront. The creation of the vision, which staff have called "Audacity," will be informed by a panel of expert volunteers, described below. This panel will meet three to four times in the coming months and will assist staff with framing the questions to be considered by members of the public and stakeholders through the consultation and engagement process. It is anticipated that the resulting renewed vision will be future-focused and will highlight the importance of the waterfront in driving the local, regional and national economy - in attracting talent and driving inclusion - and will be a key input for City, Provincial and Federal decision-makers in addressing shared public policy outcomes. As described above, staff will report to the Executive Committee in Q1 2022 with the results of the engagement process which will inform a renewed vision for the waterfront. The public consultation and stakeholder engagement process described above will consider the full 43 km of Toronto's wider waterfront, from Etobicoke in the west to Scarborough in the east. This would be a change from the first phase of waterfront revitalization which has been focused in the 10 km central waterfront -- defined as the Designated Waterfront Area by the three governments; two parkland development projects were undertaken in Port Union and Mimico in the early years of the waterfront revitalization initiative, however, these were an exception. City staff are keen to engage the public and stakeholders to develop an expanded vision for waterfront revitalization in the western and eastern waterfronts, with a focus on opportunities to advance parks, natural heritage, shoreline resilience and active transportation projects. Staff will report further on this in Q1 2022; including the potential for tri-government participation and on roles and responsibilities in implementation. 2020 Waterfront Strategic Review Update As part of the 2020 Waterfront Strategic Review Update, the City, with the assistance of its Provincial and Federal partners, engaged KPMG LLP to undertake a Background Study on the Waterfront Revitalization Initiative. This background study is appended to this report as Attachment 8. Among other conclusions, KPMG found that Toronto's waterfront revitalization effort continues to be a nationally significant initiative that requires a tri-government approach and governance. In addition, KPMG found that Waterfront Toronto is achieving the three governments' priorities, with significant progress made over the 2015 to 2020 scope of this review. KPMG identified two important issues related to Waterfront Toronto's future. First, Waterfront Toronto is approaching fiscal uncertainty; the corporation currently receives funding from the three orders of government under the Port Lands Flood Protection Project contribution agreement which is expected to be fully drawn by the end of 2024. While Waterfront Toronto has land sale revenues to pursue the Quayside Project, additional tri-government investments will be required to advance other revitalization work. Second, the Toronto Waterfront Revitalization Corporation Act, 2002 includes provisions for the wind up of the corporation in 2028. If Waterfront Toronto is to continue beyond 2028, the government partners will need to work together to establish a plan to address Waterfront Toronto's future funding situation and legislative horizon. These are important issues that the government partners are discussing; the issues will have to be addressed in the near term as the governments consider a further tri-government phase of waterfront revitalization; staff will report further on these issues as part of the report expected in Q1 2022. Waterfront Toronto Consent Requests Waterfront Toronto, through its Board of Directors, has requested that the government partners update its Revenue Consent so that it is consistent with the Qualified Donee status granted to the Corporation by Canada Revenue Agency under section 149(1) of the Income Tax Act. Qualified Donee status allows Waterfront Toronto to accept and issue tax receipts for charitable donations. Draft revised Revenue Consent language is appended to this report as Attachment 1. Both the Province of Ontario and Government of Canada have secured Treasury Board approvals for this Revenue Consent amendment and language. Consistent with Waterfront Toronto's Fundraising Action Plan, as outlined in its Board-approved Rolling Five Year Strategic Plan (2020/21 - 2024/25), major terms for a Memorandum of Understanding that will govern City involvement and decision-making in relation to Waterfront Toronto's fundraising efforts have been drafted; these major terms are appended as Attachment 2. City staff will be involved in the process from project inception to implementation, with representation in the initiative through a City/Waterfront Toronto Fundraising Liaison Committee. In addition, Waterfront Toronto has also requested that the City, Provincial and Federal governments approve an increase to the organization's borrowing limit and an extension to the term of the Authority to Borrow Money and Encumber Assets for Projects in the Designated Waterfront Area and for Bridge Financing ("Borrowing Consent"), originally approved by the three government partners in 2015. Waterfront Toronto has requested a revised limit of $90 million, extended to May 2028, as long as the organization continues to have sufficient collateral to support its required borrowing. Draft revised Consent language is appended to this report as Attachment 3. A higher credit facility would help bridge the gap between the time that expenditures are required to prepare lands for development and the time when revenues are realised through land sales and related sources. This issue is most relevant with respect to the five properties that are owned by Waterfront Toronto in Quayside. A term extension to the term of the Borrowing Consent would create alignment with the Toronto Waterfront Revitalization Corporation Act (which includes a provision for Waterfront Toronto to operate until May 15, 2028) and with Waterfront Toronto's post-construction obligations (e.g. monitoring and warranties) for the Port Lands Flood Protection project and Quayside. Waterfront Toronto's borrowing is, and will continue to be, closely monitored through regular reporting to the three orders of government. Port Lands and Villiers Island Precinct Revitalization This is the first report seeking Council direction on the development of the Port Lands since adoption of the Port Lands Planning Framework, Port Lands Official Plan Modification and Villiers Island Precinct Plan in December 2017. The Port Lands, located to the southeast of Downtown Toronto, is the largest undeveloped area remaining in Toronto. It represents an area of roughly 325 hectares (800 acres), with approximately 200 hectares (500 acres) in CreateTO ownership. The Port Lands are currently being transformed by the massive Port Lands Flood Protection project. The centrepiece of this project is the rerouting of the mouth of the Don River to a newly formed and naturalized waterway, located to the south of the Keating Channel. The $1.25 billion project, being implemented by Waterfront Toronto and supported equally by the three orders of government, has been underway since 2017 and is currently on budget and on time for completion in 2024. Once completed, the flood protected areas in the Port Lands will be converted to naturalized lands, park and recreation areas, intensified employment and port districts, and mixed use development, allowing for new neighbourhoods to grow in parts of this area for the first time. This report describes the areas of focus and the approvals process for the next stage of work in the Port Lands. As we look forward to the anticipated completion of the flood protection project in 2024 and with the Council adoption of the Port Lands Planning Framework in 2017, the table is now set for the next stage of revitalization. The work plan starts this year and will carry through completion of Flood Protection. It focuses on advancing necessary planning studies and approvals, resolving all remaining Ontario Land Tribunal appeals, advancing parks and infrastructure plans and creating development plans for publicly-owned lands. The first precinct-level opportunity for mixed used development in the Port Lands is Villiers Island, a roughly 20 hectare (50 acre) area that will be become available for planned development following completion of the flood protection project. Development will be guided by the Council-adopted Villiers Island Precinct Plan, which identifies a range of permissible residential, commercial, catalytic and community uses. Given the precinct's unique profile, strong market attributes and high proportion of public ownership, the development program for Villiers Island will set an ambitious standard for complete community building through significant affordable housing, new transit, climate positive design and high-quality public realm. CreateTO is the majority landowner in Villiers Island, with additional properties owned by PortsToronto, Waterfront Toronto and private owners. It is anticipated that mixed use construction could begin in Villiers Island as early as 2025/26, with first residential occupancy targeted for 2027/28. Beyond Villiers Island, other projects are planned or currently underway throughout the Port Lands. These include the continued build-out of Media City as one of Canada's largest film production hubs, a new film studio in Turning Basin District, new employment uses in the South Port district, and various park and public realm projects. Over the long-term, additional mixed use development will extend into precincts adjacent to Villiers Island, including Keating Channel to the north, Polson Quay and South River to the south and McCleary District to the east. Early stage planning is currently underway for future growth in these areas. These initiatives are described in further detail in the report. This report describes an approvals process for City Council to guide implementation of the work plan for Villiers Island and the Port Lands. For Villiers Island, a comprehensive Business and Implementation Plan will be prepared that describes the overall development concept and phasing plan, program requirements such as affordable housing and climate positive design, funding and financing, infrastructure costs and various asset management considerations (e.g., future ownership of public lands). In addition, the zoning by-law will be updated to align with the Villiers Island Precinct Plan in order to facilitate the accelerated development of the precinct. Pending Council adoption of the recommendations in this report, staff anticipate reporting further on this by mid-2022. Finally, this report describes the roles and responsibilities of Waterfront Toronto, CreateTO and the City for the immediate next steps on Villiers Island. The need for greater clarity on roles and responsibilities was flagged in the 2015 Waterfront Strategic Review, the Provincial Auditor General 2018 value-for-money audit of Waterfront Toronto and again in the 2020 Waterfront Strategic Review Update. City staff are of the view that the best approach for the Port Lands, starting with Villiers Island, will be a partnership approach that involves both Waterfront Toronto and CreateTO, working in close collaboration with City Divisions. A staff governance structure has been established that will leverage the strengths of each partner, prevent duplication of effort and expedite the delivery of work plans. Staff will comment in further detail on this in the report that is anticipated for Q2 2022.
The Executive Committee recommends that: 1. City Council request the City Manager to report to the Executive Committee in the first quarter of 2022 with the results of the public consultation and stakeholder engagement process on a next phase of waterfront revitalization and a renewed waterfront vision that sets a path forward for what Toronto will achieve along its 43 kilometre waterfront, from Etobicoke to Scarborough, including anticipated economic development, Reconciliation, social, equity and environmental outcomes. 2. City Council request the Deputy City Manager, Infrastructure and Development Services to report to the Executive Committee in the second quarter of 2022 with an update and recommendations related to business and implementation planning for the Villiers Island Precinct and the Port Lands. 3. City Council approve the amendment of the Consent to raise revenue pursuant to subsection 4(7) of the Toronto Waterfront Revitalization Corporation Act, substantially on the terms and conditions contained in the draft Amendment to Consent in Attachment 1 to the report (October 13, 2021) from the Deputy City Manager, Infrastructure and Development Services and, provided that the Provincial Government and Federal Government also agree to such amendment, City Council authorize the Deputy City Manager, Infrastructure and Development Services to execute such Consent with such modifications as the Deputy City Manager, Infrastructure and Development Services shall deem necessary or desirable or shall agree to and in a form approved by the City Solicitor, and to deliver such Consent to Waterfront Toronto. 4. City Council authorize the Deputy City Manager, Infrastructure and Development Services and the Deputy City Manager, Community and Social Services to enter into a Memorandum of Understanding with Waterfront Toronto on terms and conditions satisfactory to the Director, Strategic Partnerships, City Manager's Office, that address the City's involvement in Waterfront Toronto's donations and sponsorships program, based on the major terms outlined in Attachment 2 to the report (October 13, 2021) from the Deputy City Manager, Infrastructure and Development Services, and in a form satisfactory to the City Solicitor. 5. City Council direct that the Memorandum of Understanding include terms and conditions to ensure that Waterfront Toronto's donations and sponsorships program aligns with the City's Donations to the City of Toronto for Community Benefits Policy, Sponsorship Policy and Individual and Corporate Naming Rights Policy, with respect to donations and sponsorships Waterfront Toronto solicits, receives and spends that are to be incorporated into City infrastructure or assets including: a. conferring on Waterfront Toronto the authority and responsibilities given to the Division Heads under all three policies; and b. adding to the Donations to the City of Toronto Community Benefits Policy that Waterfront Toronto, instead of Council, has authority to accept and spend donations equalling or exceeding $50,000. 6. City Council authorize the Deputy City Manager, Infrastructure and Development Services to execute, on behalf of the City, agreements between the City and Waterfront Toronto for the implementation and delivery of projects to be funded and delivered pursuant to Waterfront Toronto's donations and sponsorships program, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure and Development Services, in consultation with relevant City divisions and the Director, Strategic Partnerships, City Manager's Office, and in a form satisfactory to the City Solicitor. 7. City Council amend the Authority to Borrow Money and Encumber Assets for Projects in the Designated Waterfront Area and for Bridge Financing pursuant to Subsections 4(5) and 4(6) of the Toronto Waterfront Revitalization Act, substantially on the terms and conditions contained in the draft Amendment to Consent in Attachment 3 to the report (October 13, 2021) from the Deputy City Manager, Infrastructure and Development Services and, provided that the Provincial Government and Federal Government also agree to such amendment, City Council authorize the Deputy City Manager, Infrastructure and Development Services to execute such Consent with such modifications as Deputy City Manager, Infrastructure and Development Services shall deem necessary or desirable or shall agree to and in a form approved by the City Solicitor, and to deliver such Consent to Waterfront Toronto.
Staff recommendation as filed
The Deputy City Manager, Infrastructure and Development Services recommends that: 1. City Council request that the City Manager report to the Executive Committee in Q1 2022 with the results of the public consultation and stakeholder engagement process on a next phase of waterfront revitalization and a renewed waterfront vision that sets a path forward for what Toronto will achieve along its 43 km waterfront, from Etobicoke to Scarborough, including anticipated economic development, Reconciliation, social, equity and environmental outcomes. 2. City Council request that the Deputy City Manager, Infrastructure and Development to report to the Executive Committee in Q2 2022 with an update and recommendations related to business and implementation planning for the Villiers Island Precinct and the Port Lands. 3. City Council approve the amendment of the Consent to raise revenue pursuant to subsection 4(7) of the Toronto Waterfront Revitalization Corporation Act, substantially on the terms and conditions contained in the draft Amendment to Consent (Attachment 1) to this report and, provided that the Provincial government and Federal government also agree to such amendment, authorize the Deputy City Manager, Infrastructure and Development Services to execute such Consent with such modifications as she shall deem necessary or desirable or shall agree to and in a form approved by the City Solicitor, and to deliver such Consent to Waterfront Toronto. 4. City Council authorize the Deputy City Manager, Infrastructure and Development Services and the Deputy City Manager, Community and Social Services to enter into a Memorandum of Understanding with Waterfront Toronto on terms and conditions satisfactory to the Director, Strategic Partnerships, City Manager's Office, that address the City's involvement in Waterfront Toronto's donations and sponsorships program, based on the major terms outlined in Attachment 2 of this report, and in a form satisfactory to the City Solicitor. 5. City Council direct that the Memorandum of Understanding include terms and conditions to ensure that Waterfront Toronto's donations and sponsorships program aligns with the City's Donations to the City of Toronto for Community Benefits Policy, Sponsorship Policy, and Individual and Corporate Naming Rights Policy, with respect to donations and sponsorships Waterfront Toronto solicits, receives and spends that are to be incorporated into City infrastructure or assets including: a. conferring on Waterfront Toronto the authority and responsibilities given to the Division Heads under all three policies; and b. adding to the Donations to the City of Toronto Community Benefits Policy that Waterfront Toronto, instead of Council, has authority to accept and spend donations equalling or exceeding $50,000. 6. City Council authorize the Deputy City Manager, Infrastructure and Development Services, to execute on behalf of the City, agreements between the City and Waterfront Toronto for the implementation and delivery of projects to be funded and delivered pursuant to Waterfront Toronto's donations and sponsorships program, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure and Development Services, in consultation with relevant City divisions and the Director, Strategic Partnerships, City Manager's Office, and in a form satisfactory to the City Solicitor. 7. City Council approve the amendment of the Authority to Borrow Money and Encumber Assets for Projects in the Designated Waterfront Area and for Bridge Financingpursuant to Subsections 4(5) and 4(6) of the Toronto Waterfront Revitalization Act, substantially on the terms and conditions contained in the draft Amendment to Consent (Attachment 3) to this report and, provided that the Provincial government and Federal government also agree to such amendment, authorize the Deputy City Manager, Infrastructure and Development to execute such Consent with such modifications as she shall deem necessary or desirable or shall agree to and in a form approved by the City Solicitor, and to deliver such Consent to Waterfront Toronto.
EX27.7amended
Implementing a Small Business Property Tax Subclass
At its February 2, 3 and 5, 2021 meeting, in its consideration of Item EX20.5: Property Tax Policies for 2021 along with a supplementary report entitled Supplementary Report: Considerations for Implementing a Small Business Subclass , Council adopted a series of tax policy recommendations for 2022 and future years. In its consideration of these items, Council directed the Chief Financial Officer and Treasurer to conduct the analysis, program design and stakeholder consultations for a small business property tax subclass. The recommendations also included that the small business property subclass tax rate be set at a percentage reduction from the commercial general tax rate as soon as possible and no later than 2022. In response to this direction, a number of City divisions worked collaboratively to design, prepare and deliver a series of online stakeholder consultation sessions, as well as an online survey, that were conducted over the course of June to August 2021. The feedback and information received from the various consultation sessions and online survey inform the conclusions and recommendations in this report. This report seeks Council approval for the eligibility criteria, program parameters and administrative structure and the proposed financial requirements, including any required by-laws or by-law amendments, to implement the small business property tax subclass for the 2022 taxation year.
The Executive Committee recommends that: 1. City Council adopt the small business property tax subclass for the commercial property tax class (the "Subclass"), approve the Subclass eligibility criteria, the process to approve the inclusion of properties in the Subclass, and the process to address requests for reconsideration, appeals and other provisions related to the implementation and administration of the Subclass, and amend City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to add the Subclass, all in accordance with Attachment 1 to the report (October 13, 2021) from the Chief Financial Officer and Treasurer. 2. City Council direct the Chief Financial Officer and Treasurer to include, as part of 2022 recommended Operating Budget and the 2022 recommended tax policies, rates and ratios, effective for the 2022 taxation year, that: a. the residual commercial property tax class and the graduated tax rates for that property tax class be discontinued; and b. a single tax rate be adopted for the commercial property tax class. 3. City Council adopt a tax rate reduction for the Subclass of 15 percent of the commercial property class tax rate, and City Council direct the Chief Financial Officer and Treasurer to ensure that the recommended tax rate for the commercial property tax class be set so as to fully fund the costs of the tax rate reduction provided to the Subclass. 4. City Council appoint the Director, Revenue Services, to the role of Program Administrator as defined in Ontario Regulation 282/98, (the "Regulation") and delegate to the Director, Revenue Services the authority to exercise the powers of the Program Administrator under the Regulation including the authority to assess and annually designate those properties that meet the eligibility criteria for inclusion in the Subclass, to amend the eligible properties from time to time as properties become ineligible for inclusion in the Subclass due to changes in assessment value, usage, or other changes affecting eligibility, and to hear requests for reconsideration of inclusion or exclusion of properties from the Subclass, all in accordance with the Regulation. 5. City Council appoint the Controller to the role of Appellate Authority as defined in the Regulation, and delegate to the Controller the authority to exercise the powers of the Appellate Authority under the Regulation including the authority to hear appeals of inclusion or exclusion of properties in the Subclass in accordance with the Regulation. 6. City Council direct the Chief Financial Officer and Treasurer to report back to the Executive Committee after the initial year of the Small Business Property Tax Subclass (the "Subclass"), and provide any recommendations for changes to the design of the Subclass, taking into consideration: a. the experience and relevant empirical data gathered from the first year of operation of the Subclass; b. the objective of the having the Subclass provide a benefit to as many small businesses as reasonably and feasibly possible; and c. the objective of ensuring that other commercial properties are not unduly burdened by an expansion of the Subclass, and that such changes also do not impede the much-needed recovery of Toronto's office and business districts. 7. City Council direct the Chief Financial Officer and Treasurer, in consultation with the City Solicitor, to report no later than the first quarter of 2022 on: a. the feasibility of developing a mechanism for ensuring that Subclass property owners with tenants in gross leases pass down the benefits of reduced property taxes to those tenants; and b. if such a mechanism as described in Part 7.a. above is not feasible on the part of the City, whether there are any changes to Provincial law which could achieve that objective. 8. City Council direct the Chief Financial Officer and Treasurer to report before the 2023 taxation year on the feasibility of: a. adding Business Improvement Areas to the geographic areas covered under the Subclass, under section 3(a)(B)(i) of Attachment 1 to the report (October 12, 2021) from the Chief Financial Officer and Treasurer; b. developing additional criteria and/or an application-based system that would allow for strip malls, which have small businesses as tenants, to be included within the Subclass; and c. developing an application-based system that would allow for additional small commercial properties, which fall outside of the current eligibility criteria of the Subclass, to be included within the Subclass. 9. City Council authorize the City Solicitor to submit the Bills necessary to amend Municipal Code Chapter 767, Taxation, Property Tax, to give effect to City Council's decision.
Staff recommendation as filed
The Chief Financial Officer and Treasurer recommends that: 1. City Council adopt the small business property tax subclass for the commercial property tax class (the "Subclass"), approve the Subclass eligibility criteria, the process to approve the inclusion of properties in the Subclass, and the process to address requests for reconsideration, appeals and other provisions related to the implementation and administration of the Subclass, and amend City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to add the Subclass, all in accordance with Attachment 1 to this report. 2. City Council direct the Chief Financial Officer and Treasurer to include, as part of 2022 recommended Operating Budget and the 2022 recommended tax policies, rates and ratios, effective for the 2022 taxation year, that: a. the residual commercial property tax class and the graduated tax rates for that property tax class be discontinued; and b. a single tax rate be adopted for the commercial property tax class. 3. City Council adopt a tax rate reduction for the Subclass of 15 percent of the commercial property class tax rate, and direct the Chief Financial Officer and Treasurer to ensure that the recommended tax rate for the commercial property tax class be set so as to fully fund the costs of the tax rate reduction provided to the Subclass. 4. City Council appoint the Director, Revenue Services, to the role of Program Administrator as defined in Ontario Regulation 282/98, (the "Regulation") and delegate to the Director, Revenue Services the authority to exercise the powers of the Program Administrator under the Regulation including the authority to assess and annually designate those properties that meet the eligibility criteria for inclusion in the Subclass, to amend the eligible properties from time to time as properties become ineligible for inclusion in the Subclass due to changes in assessment value, usage, or other changes affecting eligibility, and to hear requests for reconsideration of inclusion or exclusion of properties from the Subclass, all in accordance with the Regulation. 5. City Council appoint the Controller to the role of Appellate Authority as defined in the Regulation, and delegate to the Controller the authority to exercise the powers of the Appellate Authority under the Regulation including the authority to hear appeals of inclusion or exclusion of properties in the Subclass in accordance with the Regulation. 6. 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.
EX27.8amended
The First Parliament Site and Expropriation of City-owned Lands by Metrolinx for Transit Purposes
This report responds to the following motions and recommendations as directed by City Council related to the following properties: 271 Front Street East, 25 Berkeley Street and the north portion of 44 Parliament Street (managed by Toronto Parking Authority) (collectively known as the "First Parliament Properties"), and the expropriation of the First Parliament Properties and the subsurface portion of Parliament Square Park partly located on the south side of 44 Parliament Street by Metrolinx and Infrastructure Ontario: - MM31.35 Assessing Provincial Interest in the First Parliament Site - by Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy - EX23.3 Provincial Transit-Oriented Communities Program - MM35.30 Checking the Ticket - Understanding The Province's Extraordinary Powers to Expropriate for Transit - by Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy - MM35.31 Ensuring Retention of Community Benefits Through Provincial Expropriation of Municipally-owned Land - by Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy - MM36.23 Local Planning and the First Parliament Master Plan - by Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy This report also seeks City Council authority for the City to accept Metrolinx's advance payment of compensation, pursuant to Section 25 of the Expropriations Act, for the expropriation of First Parliament Properties and part of Parliament Square Park in the amounts set out in Confidential Attachment 1.
The Executive Committee recommends that: 1. City Council authorize the City to accept the advance payments of compensation offered by Metrolinx, without prejudice to the City's right to make a claim for further compensation, pursuant to Section 25 of the Expropriations Act for the expropriated properties at 271 Front Street East, 25 Berkeley Street and part of 44 Parliament Street, in the amounts set out in Confidential Attachment 1 and direct it to the Land Acquisition Reserve Fund (XR1012), to be held in trust until the development and site plans for the First Parliament lands are finalized. 2. City Council authorize the public release of Confidential Attachment 1 to the report (October 13, 2021) from the Executive Director, Corporate Real Estate Management, the Executive Director, Transit Expansion Office, and the Chief Planner and Executive Director, City Planning following the full and final determination of the compensation payable to the City for the expropriation of the properties at 271 Front Street East, 25 Berkeley Street and part of 44 Parliament Street, by arbitration or appeal or, if settled, at the discretion of the City Solicitor. 3. City Council direct the City Manager, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning to consult with the City-led First Parliament Working Group and the local Councillor on how the funds from the expropriation can be best used to achieve implementation and principles outlined in the First Parliament Master Plan. 4. City Council direct the Executive Director, Corporate Real Estate Management, in consultation with Toronto Public Library, to ensure that all interim relocation costs incurred by Toronto Public Library are accounted for in the final settlement offer from Metrolinx for the expropriation of 271 Front Street East, 25 Berkeley Street and 44 Parliament Street. 5. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Transit Expansion, to prioritize in the ongoing negotiations with Infrastructure Ontario with respect to the First Parliament Transit-Oriented Communities development the civic objectives outlined in the Master Plan and other local capital improvements, and to report back to the Executive Committee when the final Transit-Oriented Community development plan for First Parliament is presented, including but not limited to: a. parkland and/or park improvements; b. public realm improvements; and c. affordable housing. 6. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Transit Expansion, to present alternative massing studies to Infrastructure Ontario on the Transit Oriented Communities proposals at 271 Front Street East, 25 Berkeley Street and 44 Parliament Street, and to report back to the Executive Committee on how City ideas and comments have been addressed when the final Transit-Oriented Communities development plan for First Parliament is presented. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Transit Expansion and the Executive Director, Housing Secretariat, to negotiate the provision of affordable housing, consistent with the City's policies for Inclusionary Zoning and the Housing Now initiative, in addition to Provincial requirements for affordable housing in the Transit-Oriented Communities proposal at First Parliament/Corktown, and to report back to the Executive Committee on such affordable housing options, including the approach to funding it, when the final Transit-Oriented Communities development plan for First Parliament is presented. 8. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Transit Expansion, to report back to the Executive Committee in a standalone report on the final Transit-Oriented Communities development plan for First Parliament.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, the Executive Director, Transit Expansion Office, and the Chief Planner and Executive Director, City Planning recommend that: 1. City Council authorize the City to accept the advance payments of compensation offered by Metrolinx, without prejudice to the City's right to make a claim for further compensation, pursuant to Section 25 of the Expropriations Act for the expropriated properties at 271 Front Street East, 25 Berkeley Street and part of 44 Parliament Street, in the amounts set out in Confidential Attachment 1 and direct it to the Land Acquisition Reserve Fund (XR1012). 2. City Council authorize the public release of Confidential Attachment 1 following the full and final determination of the compensation payable to the City for the expropriation of the properties at 271 Front Street East, 25 Berkeley Street and part of 44 Parliament Street, by arbitration or appeal or, if settled, at the discretion of the City Solicitor.
EX27.9adopted
This report seeks City Council endorsement of the First Parliament Master Plan.
The Executive Committee recommends that: 1. City Council endorse the First Parliament Master Plan in Attachment 1 to the report (October 13, 2021)from the Executive Director, Corporate Real Estate Management and the Chief Planner and Executive Director, City Planning as a guiding document for development of the First Parliament Site.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management and the Chief Planner and Executive Director, City Planning, recommend that: 1. City Council endorse the First Parliament Master Plan in Attachment 1 as a guiding document for development of the First Parliament Site.
EX27.10amended
The CaféTO program was launched in June 2020 to support restaurants and bars facing indoor dining capacity restrictions by providing expanSded outdoor dining space on the street and sidewalk. CaféTO was extended into 2021 and saw a 51% higher uptake compared to 2020, with over 1,200 restaurants participating. City Council also approved a temporary use zoning by-law which granted permission to restaurants to expand an outdoor dining space on private property without a requirement for an application with the City. COVID-19 has had a significant impact on business owners and employees in the hospitality industry and it is expected that several years will be required before a full economic recovery from the pandemic is realized. This, coupled with the widespread support received for the program, indicates that there is a demand to make CaféTO permanent, which is the proposed direction for this program. Making the program permanent requires a phased approach, beginning with simplifying the process to obtain a permanent sidewalk café permit. Curb lane/parklet cafés will be permitted city-wide through the CaféTO program in 2022 and staff will monitor the impact of curb lane closures to recommend location and design criteria for a permanent curb lane café permit program in 2023. This work is essential to ensure CaféTO aligns with other critical Council-approved policy objectives like surface transit prioritization, freight, goods and curbside management, cycling infrastructure, complete streets and overall streetscape and congestion management. CaféTO is an important program to the hospitality industry which continues to recover from the effects of COVID-19. It also represents a transformational change in the way that we use and view our streets and sidewalks and has enhanced the vibrancy of our main streets and public realm - making the program permanent will capture the clear enthusiasm for a people-centric public realm in Toronto.
The Executive Committee recommends that: 1. City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report back to the Executive Committee by the first quarter of 2023 to establish criteria for a permanent program of CaféTO curb lane/parklet cafés, which takes into consideration the following: a. the impact of curb lane/parklet cafés on vehicle congestion and transit, including Wheel-Trans; b. the impact of curb lane/parklet cafés on on-street parking, pay and display parking, residential permit parking and designated accessible parking; c. the impact of curb lane/parklet cafés on freight and goods movement and delivery and commercial loading zones; d. the impact of curb lane/parklet cafés on road user safety and requirements for emergency services; e. the impact of curb lane/parklet cafés on road maintenance and capital work and coordination; f. requirements to ensure that curb lane/parklet café spaces are accessible; g. a review of the fee structure for all café types; and h. any necessary modifications to Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays required to implement the program. 2. City Council request the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture, as part of their examination of the transition to a permanent program, to include consideration of the possibility of: a. more permanent structures and locations as part of CafeTO; b. the installations of permanent services for suitable CafeTO locations; and c. a longer term approval of CafeTO locations to provide more investment certainty. 3. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to establish a program for the review, approval and installation of curb lane/parklet cafés or public parklets without applicants having to comply with certain requirements of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, from May 1, 2022 until November 7, 2022. 4. In establishing a program under Part 3 above, City Council direct that the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards, shall consider: a. which requirements from Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays should apply to curb lane/parklet cafés or public parklets under the program; b. appropriate guidelines for the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards to review and approve the curb lane/parklet cafés or public parklets under the program; c. appropriate indemnification and insurance requirements to protect the City provided that the insurance requirement for the program requires at least $2,000,000 in commercial general liability coverage; d. advice from the Medical Officer of Health to ensure the health and safety of all persons using the curb lane/parklet cafés or public parklets under the program; and e. requirements for the location, materials, usage, maintenance and removal of the curb lane/parklet cafés or public parklets under the program to ensure the health and safety of all users of City highways, including: i. that a café or parklet on a local road be closed and cleared of customers by 11:00 p.m. unless hours of operation have been imposed previously by a Community Council for an existing café or parklet area, in which case both the existing and the extended café or parklet area be operated in accordance with the Community Council-imposed hours; ii. where conditions other than hours of operation have been imposed previously by Community Council for an existing café or parklet area, that both the existing and the extended café or parklet area must be operated in accordance with the Community Council-imposed conditions; and iii. where conditions have been imposed by Community Council on sidewalk cafés, curb lane/parklet cafés or public parklets in similar circumstances, that those Community Council-imposed conditions should apply. 5. City Council request the General Manager, Transportation Services to develop and implement an operational policy that ensures curb lane café operators make noticeable and sustained use of their assigned space, or be faced with the potential removal of their café area, at the discretion of the General Manager, Transportation Services or the Executive Director, Municipal Licensing and Standards, with the policy to be developed in consideration of maintaining the aesthetic value of local streetscapes and restoring a balance of curbside uses. 6. City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards to approve applications to install and maintain curb lane/parklet cafés or public parklets where the application complies with the program adopted by the General Manager, Transportation Services, under Part 3 above, and where the approval conflicts with Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, the approval of the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards shall prevail to the extent of the conflict. 7. City Council waive application, transfer and permit fees required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application, transfer or permit for a sidewalk café, curb lane/parklet café or public parklet received in the 2022 calendar year. 8. City Council amend section 937-3.13 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to: a. delete the phrase "180 consecutive days" and insert the phrase "214 consecutive days"; b. delete the phrase "issued a permit under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, or for a period up to and including 187 consecutive days where a 2020/22 café has been approved by the General Manager of Transportation Services from no earlier than May 8, 2021 to no later than November 10, 2021, inclusive, under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays"; and c. insert the phrase "either issued a permit or granted an approval for that purpose by the General Manager, Transportation Services or Executive Director, Municipal Licensing and Standards, under Chapter 742, Sidewalk Cafés Parklets and Marketing Displays" after the phrase "where an applicant has been". 9. City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards when approving a curb lane/parklet café under the CaféTO program, to confirm that the City of Toronto does not object to the temporary physical extension of liquor sales under Section 97 of Regulation 719 under the Liquor Licence Act for that approved area and to withdraw this confirmation if the operator of a sidewalk café, curb lane/parklet café or public parklet, in the opinion of the General Manager, Transportation Services or the Executive Director, Municipal Licensing and Standards, subsequently fails to comply with the CaféTO program, applicable City By-laws or policies, or municipal or provincial orders. 10. City Council request the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee in the first quarter of 2022 on whether to extend the City-wide Temporary Use Zoning By-laws that ease restrictions on outdoor patios on private property. 11. 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 to give effect to the reasonable operation of the sidewalk cafés, curb lane/parklet cafés or public parklets under the program as described in the report (October 13, 2021) from the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the Interim General Manager, Economic Development and Culture. 12. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CaféTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from April 15, 2022 to April 14, 2023, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict. 13. City Council amend Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows: a. delete sections 742-2.3,742-3.2 A. (2) and 742-4.3 B. (2) to remove the process for notice and the authority for the Executive Director, Municipal Licensing and Standards to refuse an application for a sidewalk café if the City receives multiple objections to the application from members of the public during the 21-day period of public notice; b. delete section 742-2.2 A. (2) to remove the requirement that an applicant must submit a letter signed by the owner of the adjoining property of the proposed sidewalk café, public parklet or marketing display indicating that the owner does not object to the application if the applicant is not the owner of the adjoining property; c. amend sections 742.9.4 A. and B. to add the words "or occupant" after the words "property owner" so that where a permit holder or applicant wishes to extend their permit area in front of an adjacent property, the Executive Director, Municipal Licensing and Standards will accept a letter from either the property owner or occupant of the adjacent property - and not just the property owner as currently worded - to consent to or revoke the consent for the use of the area in front of that adjacent property; d. add the following new subsections D and E to section 742-9.4: D. Despite Subsection A, where an applicant or permit holder has sought to contact the adjacent property owner through reasonable methods and has not received a response, the Executive Director may allow a permit area for a marketing display or sidewalk café to extend across the front of that adjacent property, or across the curbside area or parking area of that adjacent property in the case of a parklet café, where an applicant or permit holder has provided the Executive Director with proof in a form satisfactory to the Executive Director of their efforts to contact the adjacent property owner. E. Should the Executive Director receive a letter from the adjacent property owner or occupant objecting to a permit area extension granted under Subsection D, the Executive Director will amend the permit area to remove the portion of the permit area which extends across the front of that adjacent property, and the reduction in permit area will be effective as of 30 days after notice is provided to the permit holder. e. delete section 742-10.1 A. (1) to remove the condition that a permit area for a sidewalk café must require a minimum separation distance of 30 metres from the closest part of the permit area to the nearest lot in a Residential Zone Category or Residential Apartment Zone Category; f. delete section 742-10.1 A. (3) to remove the condition that a permit area for a sidewalk café must require a minimum separation of six metres from the closest part of the permit area to the extended boundary of a lot in a Residential Zone or Residential Apartment Zone Category on the opposite side of the street across from the proposed permit area; g. amend Section 742-10.7 by defining fencing to include delineating materials; and h. amend Section 742-10.9 to require that propane heaters are installed and operated in conformity with the necessary specifications and regulations but remove the requirement that documentation be submitted to the City prior to their use so that the section now reads as follows: § 742-10.9. Portable propane heaters. A. No permit holder shall install or operate a portable propane heater on a permit area unless: (1) the permit area is for a frontage café, parklet café or public parklet; and (2) the portable propane heater is: (a) installed and operated in conformity with the manufacturer's instructions and specifications, including clearance from combustibles and secured to the permit area utilizing the manufacturer's listed parts; (b) in compliance with the requirements as set out in Technical Standards and Safety Act, 2000 Ontario Regulation 211/01 Propane Storage and Handling or any successor regulation; and (c) operated by persons who have completed a training course in the use of propane. 14. City Council request the General Manager, Economic Development and Culture to report to the December 7, 2021 meeting of the Executive Committee on: a. the promotional programs that will be available to restaurants in 2022; b. the plan for supporting restaurants in Scarborough, North York, Etobicoke and other inner suburban areas of Toronto; c. the grants available to restaurants with CaféTO on private property, and the plan to advertise this opportunity; and d. the plan for plazaPOPS activations and the number of individual restaurants that stand to benefit from the plazaPOPS activations. 15. City Council direct the General Manager, Economic Development and Culture to explore corporate partnerships for financial or in-kind support to assist the City with CaféTO operation and/or to provide the participating restaurants with necessary equipment for their patios. 16. City Council direct City Staff to include funding request for the resources required to support CaféTO as part of the 2022 Budget process for City Council consideration. 17. City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report in the first quarter of 2022 on progress to date and future opportunities related to: a. engaging [Scarborough] strip plaza restaurant operators through in person canvassing, consultations, business association intermediaries and other methods; b. informing strip plaza owners about the benefits of Business Associations, CafeTO, and other City programs available to them; and c. allowing for multi-season patios under a formal, multi-year program.
Staff recommendation as filed
The General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the Interim General Manager, Economic Development and Culture recommend that: 1. City Council direct the General Manager, Transportation Services, the Executive Director, Municipal Licensing and Standards and the General Manager, Economic Development and Culture to report back to the Executive Committee by Q1 2023 to establish criteria for a permanent program of CaféTO curb lane/parklet cafés, which takes into consideration the following: a. the impact of curb lane/parklet cafés on vehicle congestion and transit, including Wheel-Trans; b. the impact of curb lane/parklet cafés on on-street parking, pay and display parking, residential permit parking and designated accessible parking; c. the impact of curb lane/parklet cafés on freight and goods movement and delivery and commercial loading zones; d. the impact of curb lane/parklet cafés on road user safety and requirements for emergency services; e. the impact of curb lane/parklet cafés on road maintenance and capital work and coordination f. requirements to ensure that curb lane/parklet café spaces are accessible; g. a review of the fee structure for all café types; and h. any necessary modifications to Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays required to implement the program. 2. City Council authorize the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, to establish a program for the review, approval and installation of curb lane/parklet cafés or public parklets without applicants having to comply with certain requirements of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, from May 1, 2022 until November 7, 2022. 3. In establishing a program under Part 2 above, City Council direct that the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards, shall consider: a. which requirements from Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays should apply to curb lane/parklet cafés or public parklets under the program; b. appropriate guidelines for the General Manager, Transportation Services and/or the Executive Director, Municipal Licensing and Standards to review and approve the curb lane/parklet cafés or public parklets under the program; c. appropriate indemnification and insurance requirements to protect the City provided that the insurance requirement for the program requires at least $2,000,000 in commercial general liability coverage; d. advice from the Medical Officer of Health to ensure the health and safety of all persons using the curb lane/parklet cafés or public parklets under the program; and e. requirements for the location, materials, usage, maintenance and removal of the curb lane/parklet cafés or public parklets under the program to ensure the health and safety of all users of City highways, including: i. that a café or parklet on a local road be closed and cleared of customers by 11:00 p.m. unless hours of operation have been imposed previously by a Community Council for an existing café or parklet area, in which case both the existing and the extended café or parklet area be operated in accordance with the Community Council-imposed hours; ii. where conditions other than hours of operation have been imposed previously by Community Council for an existing café or parklet area, that both the existing and the extended café or parklet area must be operated in accordance with the Community Council-imposed conditions; and iii. where conditions have been imposed by Community Council on sidewalk cafés, curb lane/parklet cafés or public parklets in similar circumstances, that those Community Council-imposed conditions should apply. 4. City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards to approve applications to install and maintain curb lane/parklet cafés or public parklets where the application complies with the program adopted by the General Manager, Transportation Services, under Part 2 above, and where the approval conflicts with Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, the approval of the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards shall prevail to the extent of the conflict. 5. City Council waive application, transfer and permit fees required under Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and Municipal Code Chapter 441, Fees and Charges, for any application, transfer or permit for a sidewalk café, curb lane/parklet café or public parklet received in the 2022 calendar year. 6. City Council amend section 937-3.13 of City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to: a. delete the phrase "180 consecutive days" and insert the phrase "214 consecutive days"; b. delete the phrase "issued a permit under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, or for a period up to and including 187 consecutive days where a 2020/22 café has been approved by the General Manager of Transportation Services from no earlier than May 8, 2021 to no later than November 10, 2021, inclusive, under Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays"; and c. insert the phrase "either issued a permit or granted an approval for that purpose by the General Manager, Transportation Services or Executive Director, Municipal Licensing and Standards, under Chapter 742, Sidewalk Cafés Parklets and Marketing Displays" after the phrase "where an applicant has been". 7. City Council authorize the General Manager, Transportation Services and/or Executive Director, Municipal Licensing and Standards when approving a curb lane/parklet café under the CaféTO program, to confirm that the City of Toronto does not object to the temporary physical extension of liquor sales under section 97 of regulation 719 under the Liquor Licence Act for that approved area and to withdraw this confirmation if the operator of a sidewalk café, curb lane/parklet café or public parklet, in the opinion of the General Manager, Transportation Services or the Executive Director, Municipal Licensing and Standards, subsequently fails to comply with the CaféTO program, applicable City By-laws or policies, or municipal or provincial orders. 8. City Council request the Chief Planner and Executive Director, City Planning report to the Planning and Housing Committee in Q1 2022 on whether to extend the City-wide Temporary Use Zoning By-laws that ease restrictions on outdoor patios on private property. 9. 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 to give effect to the reasonable operation of the sidewalk cafés, curb lane/parklet cafés or public parklets under the program as described in the report (October 13, 2021) from the General Manager, Transportation Services, Executive Director of Municipal Licensing and Standards and the Interim General Manager, Economic Development and Culture. 10. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Executive Director, Municipal Licensing and Standards, to extend the CaféTO program (including the authority with respect to liquor sales, and the waiving of any applicable fees under Municipal Code Chapter 608, Parks) to allow for the review, approval, installation and maintenance of food and beverage patios operated by established restaurants and cafés immediately adjacent to, or located in, park spaces with hard surfacing from April 15, 2022 to April 14, 2023, inclusive, where the application complies with the program adopted by the General Manager, Parks, Forestry and Recreation, and where the approval conflicts with any provision of Municipal Code Chapter 608, Parks, the approval of the General Manager, Parks, Forestry and Recreation shall prevail to the extent of the conflict. 11. City Council amend Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, as follows: a. delete sections 742-2.3,742-3.2 A. (2) and 742-4.3 B. (2) to remove the process for notice and the authority for the Executive Director, Municipal Licensing and Standards to refuse an application for a sidewalk café if the City receives multiple objections to the application from members of the public during the 21-day period of public notice; b. delete section 742-2.2 A. (2) to remove the requirement that an applicant must submit a letter signed by the owner of the adjoining property of the proposed sidewalk café, public parklet or marketing display indicating that the owner does not object to the application if the applicant is not the owner of the adjoining property; c. amend sections 742.9.4 A. and B. to add the words "or occupant" after the words "property owner" so that where a permit holder or applicant wishes to extend their permit area in front of an adjacent property, the Executive Director, Municipal Licensing and Standards will accept a letter from either the property owner or occupant of the adjacent property - and not just the property owner as currently worded - to consent to or revoke the consent for the use of the area in front of that adjacent property; d. add the following new subsections D and E to section 742-9.4: D. Despite Subsection A, where an applicant or permit holder has sought to contact the adjacent property owner through reasonable methods and has not received a response, the Executive Director may allow a permit area for a marketing display or sidewalk café to extend across the front of that adjacent property, or across the curbside area or parking area of that adjacent property in the case of a parklet café, where an applicant or permit holder has provided the Executive Director with proof in a form satisfactory to the Executive Director of their efforts to contact the adjacent property owner. E. Should the Executive Director receive a letter from the adjacent property owner or occupant objecting to a permit area extension granted under Subsection D, the Executive Director will amend the permit area to remove the portion of the permit area which extends across the front of that adjacent property, and the reduction in permit area will be effective as of 30 days after notice is provided to the permit holder. e. delete section 742-10.1 A. (1) to remove the condition that a permit area for a sidewalk café must require a minimum separation distance of 30 metres from the closest part of the permit area to the nearest lot in a Residential Zone Category or Residential Apartment Zone Category; f. delete section 742-10.1 A. (3) to remove the condition that a permit area for a sidewalk café must require a minimum separation of six metres from the closest part of the permit area to the extended boundary of a lot in a Residential Zone or Residential Apartment Zone Category on the opposite side of the street across from the proposed permit area; g. amend Section 742-10.7 by defining fencing to include delineating materials; and h. amend Section 742-10.9 to require that propane heaters are installed and operated in conformity with the necessary specifications and regulations but remove the requirement that documentation be submitted to the City prior to their use so that the section now reads as follows: § 742-10.9. Portable propane heaters. A. No permit holder shall install or operate a portable propane heater on a permit area unless: (1) the permit area is for a frontage café, parklet café or public parklet; and (2) the portable propane heater is: (a) installed and operated in conformity with the manufacturer's instructions and specifications, including clearance from combustibles and secured to the permit area utilizing the manufacturer's listed parts; (b) in compliance with the requirements as set out in Technical Standards and Safety Act, 2000 Ontario Regulation 211/01 Propane Storage and Handling or any successor regulation; and (c) operated by persons who have completed a training course in the use of propane. 12. City Council direct City Staff to include funding request for the resources required to support CaféTO as part of the 2022 budget process for City Council consideration.
EX27.11adopted
Summary of COVID-19 Property Tax Payment Deferral Program
This report responds to Item MM35.9: Supporting Small Businesses during the Pandemic by Eliminating Unfair Interest Payments , adopted at the July 14, 15 and 16, 2021 City Council meeting. This report presents a summary of the tax relief that was provided to eligible properties through the Property Tax Payment Deferral Program that was implemented by Council in response to the unprecedented COVID-19 impacts in May of 2020. This report also provides an update on the number of properties that applied for a tax deferral but that subsequently failed to repay the full amount of deferred taxes by the November 30, 2020 deadline as required, and therefore incurred interest charges. The objective of the Property Tax Deferral Program was to relieve some of the severe financial hardships experienced specifically due to COVID-19, which included residential and small business properties. In addition to this, the City provided further support for impacts arising from COVID-19 through a 60-day extension to property tax instalment and utility bill due dates, and a 60-day grace period, wherein late penalties and interest charges were not applied to property tax accounts with outstanding balances during the period March 16 to May 15, 2020. Staff are not recommending a further property tax deferral program for 2021, nor an extension or continuation of the original program, nor any retroactive change to the eligibility or repayment requirements of the 2020 deferral program.
The Executive Committee recommends that: 1. City Council receive the report (October 8, 2021) from the Controller for information.
Staff recommendation as filed
The Controller recommends that: 1. City Council receive this report for information.
EX27.12adopted
At its meeting on October 12, 2021, CreateTO considered a Transmittal Letter from the Chief Executive Officer, CreateTO providing the Decision of the Toronto Port Lands Company (TPLC) Board of Directors concerning the item "Basin Media Hub - Term Sheet Update" as part of Item RA25.3 and made recommendations to City Council. The Basin Media Hub is a development proposal being advanced by CreateTO on behalf of Toronto Port Lands Company (TPLC), for a purpose-built and state-of-the-art film, television, and digital media complex in the Film Studio District of the Port Lands. This development will significantly contribute to ongoing growth of Toronto's screen-based industries and represent a major step forward in the revitalization of the Port Lands.
The Executive Committee recommends that: 1. City Council approve the term sheet in substantially the form attached as Confidential Attachment 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO to the Toronto Port Lands Company Board of Directors. 2. City Council authorize Toronto Port Lands Company to execute the term sheet in substantially the form attached as Confidential Attachment 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO to the Toronto Port Lands Company Board of Directors, and any lease resulting therefrom, provided that such lease is approved by or conditional upon approval by the CreateTO Board of Directors. 3. City Council direct that Confidential Attachments 1 and 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO remain confidential in their entirety as they are about a pending disposition of land by the Board of Directors of Toronto Port Lands Company and about a position, plan or instruction to be applied to negotiations carried on or to be carried on by or on behalf of the Board of Directors of Toronto Port Lands Company.
Staff recommendation as filed
The Board of Directors of CreateTO recommends that: 1. City Council approve the term sheet in substantially the form attached as Confidential Attachment 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO to the Toronto Port Lands Company Board of Directors. 2. City Council authorize Toronto Port Lands Company to execute the term sheet in substantially the form attached as Confidential Attachment 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO to the Toronto Port Lands Company Board of Directors, and any lease resulting therefrom, provided that such lease is approved by or conditional upon approval by the CreateTO Board of Directors. 3. City Council direct that Confidential Attachments 1 and 2 to the report (September 30, 2021) from the Executive Vice President, Strategic Development, CreateTO remain confidential in their entirety as they are about a pending disposition of land by the Board of Directors of Toronto Port Lands Company and about a position, plan or instruction to be applied to negotiations carried on or to be carried on by or on behalf of the Board of Directors of Toronto Port Lands Company.
EX27.13adopted
The City of Toronto's current vote counting equipment has reached the end of its life, meaning that it cannot be adequately maintained and supported for further business functionality. A competitive procurement process was undertaken to acquire new equipment for use in the 2022 municipal general election and future years. The purpose of this report is to advise on the results of Negotiated Request for Proposals (nRFP) Document Number 2604476104 for the provision of vote counting equipment, including digital scan tabulators, ballot marking devices, central count technology for mail-in ballot services and the required software and services. Authority is requested for the City Clerk to enter into and execute an agreement with the recommended Supplier, Election Systems and Software Canada ULC ("ES&S"), to purchase the equipment and services for the amount of $14,714,569, net of all taxes and charges ($14,973,545 net of HST recoveries).
The Executive Committee recommends that: 1. City Council, in accordance with Section 195-8.5B of Toronto Municipal Code Chapter 195 (Purchasing By-Law), authorize the City Clerk to enter into and execute an agreement, and any ancillary documents required to give effect to the agreement, with Election Systems and Software Canada ULC, being the top-ranked proponent meeting the requirements set out in the Negotiated Request for Proposals, for the purchase of vote counting equipment and related services, for a period of 10 years, with options in favour of the City to extend for up to five additional one year terms, in the amount of up to $14,714,569, net of all taxes and charges ($14,973,545 net of Harmonized Sales Tax recoveries); the agreement will be in accordance with the terms and conditions as set out in the Negotiated Request for Proposals and any other terms and conditions satisfactory to the City Clerk, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The City Clerk and the Chief Procurement Officer recommend that: 1. City Council, in accordance with Section 195-8.5B of Toronto Municipal Code Chapter 195 (Purchasing By-Law), authorize the City Clerk to enter into and execute an agreement, and any ancillary documents required to give effect to the agreement, with Election Systems and Software Canada ULC, being the top-ranked proponent meeting the requirements set out in the nRFP, for the purchase of vote counting equipment and related services, for a period of 10 years, with options in favour of the City to extend for up to five additional one year terms, in the amount of up to $14,714,569, net of all taxes and charges ($14,973,545 net of HST recoveries). The agreement will be in accordance with the terms and conditions as set out in the nRFP and any other terms and conditions satisfactory to the City Clerk, and in a form satisfactory to the City Solicitor.
EX27.14referred
At its meeting on September 27, 2021, the Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee considered Item QS3.5 and made recommendations to City Council.
The Executive Committee referred Item EX27.14 to the General Manager, Shelter Support and Housing Administration, the General Manager, Parks, Forestry and Recreation, the Director, Office of Emergency Management and the Director, Corporate Security for their consideration regarding the impacts of enforcement of the Parks By-law on members of the Lesbian, Gay, Bisexual, Transgender, Queer and Two-Spirit community.
Staff recommendation as filed
The Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee recommends that: 1. City Council oppose the excessive armed police presence in the clearing of encampments in the context of the City's homelessness and Housing First solutions.
EX27.15adopted
Funding Cuts to AIDS Committee of Toronto and Other Health Service Providers
At its meeting on September 27, 2021, the Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee considered Item QS3.8 and made recommendations to City Council.
The Executive Committee recommends that: 1. City Council express its disappointment and concern with the Federal Government's decision to significantly reduce funding the HIV/AIDS health service providers in Toronto and across Canada. 2. City Council support the House of Commons Standing Committee on Health's recommendation and urge the Federal Government to increase the federal HIV/AIDS strategy funding to $100 million annually beginning in 2022.
Staff recommendation as filed
The Two-Spirit, Lesbian, Gay, Bisexual, Transgender and Queer Advisory Committee recommends that: 1. City Council express its disappointment and concern with the Federal Government's decision to significantly reduce funding the HIV/AIDS health service providers in Toronto and across Canada. 2. City Council support the House of Commons Standing Committee on Health's recommendation and urge the Federal Government to increase the federal HIV/AIDS strategy funding to $100 million annually beginning in 2022.
EX27.16adopted
Association of Community Centres Settlement of Operating Results for Year Ended 2019
This report recommends settlement with the Association of Community Centres for 2019 based on audited financial results.
The Executive Committee recommends that: 1. City Council direct the 2019 operating surpluses of eight of the centres (Applegrove Community Complex, Community Centre 55, Cecil Street Community Centre, Central Eglinton Community Centre, Eastview Neighbourhood Community Centre, Ralph Thornton Community Centre, Swansea Town Hall Community Centre and Waterfront Community Centre) totalling $101,540 be paid to the City of Toronto and the City of Toronto provide one centre (Scadding Court Community Centre) with a supplementary subsidy to fund the operating deficit of $18,758, resulting in a net operating surplus of $82,782 to be received by the City, as illustrated in Appendix A to the report (September 27, 2021) from the Chief Financial Officer and Treasurer.
Staff recommendation as filed
The Budget Committee recommends that: 1. City Council direct the 2019 operating surpluses of eight of the centres (Applegrove Community Complex, Community Centre 55, Cecil Street Community Centre, Central Eglinton Community Centre, Eastview Neighbourhood Community Centre, Ralph Thornton Community Centre, Swansea Town Hall Community Centre and Waterfront Community Centre) totalling $101,540 be paid to the City of Toronto and the City of Toronto provide one centre (Scadding Court Community Centre) with a supplementary subsidy to fund the operating deficit of $18,758, resulting in a net operating surplus of $82,782 to be received by the City, as illustrated in Appendix A to the report (September 27, 2021) from the Chief Financial Officer and Treasurer.
EX27.17adopted
Arena Boards of Management 2019 Operating Surpluses / Deficits Settlement
On an annual basis, the City of Toronto receives the audited financial statements from various Arena Boards of Management. The financial statements allow the City to determine whether additional operating subsidy payments need to be provided to or clawed back from the Arenas to settle their operating deficits or surpluses. This report recommends the settlement of seven of the Arenas' operating surpluses and deficits for 2019, based on audited financial results. At the time of preparation of this report, the audited financial statements for Leaside Memorial Community Gardens Arena was still in progress and therefore will be presented in a future report for consideration and approval purposes. While normally the prior year end settlement reports for both Arena Boards and Association of Community Centres are submitted together to Council in the following year, the 2019 settlement reports were delayed due to delays in completing the Arena Board 2019 audits, and further delayed by the impact of COVID-19 on the City's 2020 priorities.
The Executive Committee recommends that: 1. City Council direct that the 2019 operating surpluses totalling $30,309 from three Arenas (McCormick, North Toronto Memorial and Ted Reeve) be paid to the City of Toronto and be used, in part, to fund the cumulative operating deficit of $205,582 for four Arenas (George Bell, William H. Bolton, Forest Hill Memorial, and Moss Park), resulting in a net operating deficit of $175,273 to be funded by the City, as illustrated in Appendix A, column (g), to the report (September 24, 2021) from the Chief Financial Officer and Treasurer. 2. City Council direct that the funding provision from the 2019 Final Year-End Operating Budget Variance report of $100,143 be applied to the 2019 net deficit and a funding provision of $75,130 be made through the 2021 Year-End Operating Variance Report, as shown in the attached Appendix A, titled "2019 Program Summary", to the report (September 24, 2021) from the Chief Financial Officer and Treasurer.
Staff recommendation as filed
The Budget Committee recommends that: 1. City Council direct that the 2019 operating surpluses totalling $30,309 from three Arenas (McCormick, North Toronto Memorial and Ted Reeve) be paid to the City of Toronto and be used, in part, to fund the cumulative operating deficit of $205,582 for four Arenas (George Bell, William H. Bolton, Forest Hill Memorial, and Moss Park), resulting in a net operating deficit of $175,273 to be funded by the City, as illustrated in Appendix A, column (g), to the report (September 24, 2021) from the Chief Financial Officer and Treasurer. 2. City Council direct that the funding provision from the 2019 Final Year-End Operating Budget Variance report of $100,143 be applied to the 2019 net deficit and a funding provision of $75,130 be made through the 2021 Year-End Operating Variance Report, as shown in the attached Appendix A, titled "2019 Program Summary", to the report (September 24, 2021) from the Chief Financial Officer and Treasurer.