CALL TO ORDER - 9:40 a.m.

 

Speaker Bussin took the Chair and called the Members to order.

 

The meeting opened with O Canada.

January 27, 2009

 

Members of Council observed a moment of silence and remembered the following persons who passed away:

 

John Clifford Tinkham

Liberal De Medeiros

Sylvia Kathleen Searles

 

January 28, 2009

 

Members of Council observed a moment of silence and remembered the following persons who passed away:

 

Donald D. Fisher

David Nowlan

City Council confirmed Minutes from the regular meeting held on December 1, 2 and 3, 2008 and the two special meetings held on December 10, 2008 .

City Council on January 27 and 28, 2009, received the following petition for information:

 

1.         (undated) submitted by Councillor Nunziata, from approximately 874 persons respecting the Air-Rail Link referred to in Member Motion MM30.14, headed "Georgetown South/Air Rail Link Project ".

January 27, 2009

 

City Council adopted the January 27, 2009 Order Paper, as amended, and all other Items not held on consent.

 

January 28, 2009

 

City Council adopted the January 28, 2009 Order Paper, without amendment.

January 27, 2009

 

Pixels for Pistols Program

Mayor Miller, during the morning session of the meeting, made a presentation with respect to the Pixels for Pistols Program, a program which provides for the exchange of guns for digital cameras and photography lessons.  He acknowledged the program's sponsors, Henry's Camera and Nikon Canada for their outstanding commitment to the safety of Torontonians.  The Mayor noted that as a result of the program, there are almost 1,900 fewer guns in Toronto homes.  On behalf of Toronto City Council, he thanked Henry's Camera, Nikon Canada and the Toronto Police Service for their work in helping to save lives, and presented plaques to Andrew Stein from Henry's Camera, and Greg Flasch from Nikon Canada.

 

Deputy Chief Keith Forde of the Toronto Police Service addressed Council and spoke of the program's success in reducing firearms and enhancing community safety.  He commended the program sponsors for their assistance in keeping Toronto one of the safest cities in the world.

 

Andrew Stein from Henry's Camera thanked Council and the Toronto Police Service for making this partnership such a success.

 

Speaker Bussin, during the morning session of the meeting, announced that representatives from Six String Nation would be in the Members' Lounge during the lunch break taking portraits with the "Voyageur" guitar, which is made from historic artifacts.  She invited Members of Council and staff to attend.

 

Speaker Bussin, during the afternoon session of the meeting, welcomed students from Malvern Collegiate, present at the meeting.

 

January 28, 2009

 

Speaker Bussin, during the morning session of the meeting, introduced journalism students from Humber College, present at the meeting.

 

Speaker Bussin, during the afternoon session of the meeting, introduced journalism students from Humber College, present at the meeting.

City Council on January 27 and 28, 2009, received Administrative Inquiry IA30.4 from Councillor Michael Walker, Ward 22, St. Paul's ,  and the Answer from the Acting Deputy City Manager, Chief Financial Officer, for information.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council, as co-proponent with York Region and TTC, approve the submission of the Environmental Project Report for the Yonge Subway Extension Project to the provincial Minister of the Environment and authorize the issuance of a joint Notice of Completion.

 

2.         City Council confirm that the major components of the Project on which the Environmental Project Report is based (and which are more fully described in this report and the accompanying TTC staff report) comprise:

 

a.         A 6.8 kilometre extension of the Yonge Subway line from its current terminus at Finch Station to the Richmond Hill Centre (Highway 7);

 

b.         The construction of six new stations at Cummer/Drewry, Steeles, Clark, Royal Orchard, Langstaff/Longbridge, and Richmond Hill Centre, resulting in an average station spacing of 1.13 kilometres;

 

c.         The provision of major inter-modal bus terminals at Steeles Station and Richmond Hill Centre Station and provision of a bus loop at Cummer/Drewry Station on the north side of Drewry west of Yonge Street;

 

d.         The provision of sufficient commuter parking facilities at the Langstaff/Longbridge station to serve existing Finch station customers (who will find it more convenient to park further north) and to attract new riders to the subway extension;

 

e.         The conversion of the existing Finch Station pocket track/tail track to a double ended configuration, a crossover at Steeles Station and a crossover/tail track arrangement at Richmond Hill Centre Station; and

 

f.          A bridge structure for the subway extension over the East Don River (between Clark and Royal Orchard Stations).

 

3.         City Council direct the City Manager and Chief General Manager of the TTC to commence discussions with Metrolinx, the Province of Ontario, York Region and Government of Canada for the purposes of securing the appropriate funding and service agreements on the basis of the following requirements:

 

a.         Consistent with the MoveOntario 2020 commitments, the City expects the Province of Ontario will be responsible for all capital costs, including property acquisition costs, necessary to implement the Yonge Subway Extension;

 

b.         Any increases in net operating costs resulting from the operation of the Yonge Subway Extension will be at no cost to the City of Toronto;

 

c.         TTC will be responsible for project management and delivery of the Yonge Subway Extension Project;

 

d.         TTC will operate and maintain the subway infrastructure (including commuter parking lots) but excluding passenger pick up and drop off and bus terminals in York Region;

 

e.         TTC will own the property, assets and subway facilities within York Region except for bus terminals and passenger pick up and drop off facilities/bus terminals located in York Region;

 

f.          Stations and bus interface facilities used by the TTC will be designed and built consistent with TTC design standards and practices;

 

g.         The Subway Rail Yard Needs Study to support the Yonge Subway Extension and service increases on the Yonge-University-Spadina (YUS) subway, being conducted by the TTC, may identify location options in York Region and may provide for further funding needs beyond those currently reflected in the preliminary budget;

 

h.         The Spadina Subway Extension and Automatic Train Operation/Control (ATO/ATC) system on the YUS line must be in place prior to the opening of the Yonge Subway Extension;

 

i.          The cost of measures to address potential capacity constraints at the Yonge-Bloor Station and North York Service Road arising from the proposed Yonge Subway Extension are to be included as project costs;

 

j.          The proposed new subway stations and related properties (e.g., bus loops, parking lots) be built in such a manner as to optimize the development potential of those sites;

 

k.         The EA process also identify development sites along the route and explore/protect for direct links into the proposed new subway stations from those sites;

 

l.          Metrolinx be requested to prioritize the Downtown Relief Line within its 15-year plan, noting that Transit City is the first priority for the Toronto Transit Commission and the City of Toronto; and

 

m.        Metrolinx be requested to prioritize the Downtown Relief Line in advance of the Yonge North Extension in order to accommodate capacity issues resulting from the extension of the Yonge Subway.

 

4.         The Toronto Transit Commission be requested to confirm that the SRT project as recommended as part of the Regional Transportation Plan includes the extension of the SRT to Malvern Town Centre in the first 15 years.

 

5.         The Toronto Transit Commission be requested to come up with a more inspiring name for the Downtown Rapid Transit Line that reflects the communities and neighbourhoods it will serve.

 

6.         The following motions be referred to the Toronto Transit Commission for consideration:

 

            Moved by Councillor Minnan-Wong:

 

            The Toronto Transit Commission be requested to commence the proper studies, including Environmental Assessments as required, to evaluate the merits of the Downtown Rapid Transit Line and Don Mills LRT for the purpose of moving these projects up on the priority list of Metrolinx and making it a greater priority for Transit City, and that these studies form part of the discussions occurring with the other project partners.

             

            Moved by Councillor Shiner:

 

                        a.         Recommendation 3 of the Executive Committee be amended by adding the following requirements:

 

i.           The Steeles Avenue Station be designed in such a manner that if additional land is required that is not currently part of the Steeles Avenue road allowance, all new lands be on the north side of Steeles Avenue and there be no lands expropriated on the south side of Steeles Avenue.

 

              ii.        As part of the Yonge Street Subway Extension project into York Region, the Sheppard Subway line be extended from Yonge Street to the Downsview Station and Maintenance Yards so as to provide an alternative route to the Yonge Street subway line into downtown Toronto and access the Downsview Toronto Transit Commission subway maintenance facility.

 

                          iii.       There be no capital cost to the City of Toronto for the construction of the Yonge Street Extension and the Sheppard Subway Extension.

 

b.         The Toronto Transit Commission be requested to proceed with the studies necessary to construct the Downtown Relief Line.

 

7.         City Council provide a copy of this report and Council’s recommendations to York Region, Metrolinx, and Province of Ontario for information. 

City Council on January 27 and 28, 2009, adopted the following:

 

1.        City Council authorize Toronto EMS to donate two of its decommissioned ambulances, vehicles that would normally go to auction, at no cost to the City of Soyapango, El Salvador. 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council ratify the September 3, 2008 agreement to extend the Canada-Ontario-AMO-City of  Toronto Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities to 2014. 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         The accumulated surpluses of $16,120 be paid to the City of Toronto for three AOCCs and be used to partially fund the payment of operating deficits of $228,182 for the other seven AOCC’s core administration operations resulting in a net payment of $212,062 to AOCC (as detailed in Attachment 1) to be funded from under-expenditures reported through the final 2008 year-end variance report.

 

Confidential Attachment 1 to the report (December 15, 2008) from the Acting Deputy City Manager and  Chief Financial Officer remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to labour relations or employee negotiations.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve an expenditure increase of $0.300 million in the 2008 Non-Program Operating Budget funded from the Arbitration and Legal Awards Reserve to enable the City Solicitor to pay court orders and legal settlement faster and more efficiently.

 

2.        City Council approve the technical adjustments detailed in Appendix D to amend the 2008 Council Approved Operating Budget between Programs with no Net Budget impact in order to ensure accurate reporting and financial accountability. 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         Chapter 27, Council Procedures, be amended by deleting the following from “Section II – Special Committees - B. Composition”, Part (2) (b), to provide that a Chair of a Community Council will be able to sit on the Audit Committee:

 

                                       “(2) (b) Chair of a Community Council”.

 

2.         City Council appoint the following members-at-large to the Audit Committee for a term of office starting on January 28, 2009, and  ending on November 30, 2010, and until successors are appointed:

                       

             Councillor Mike Del Grande

             Councillor Rob Ford

             Councillor Doug Holyday

             Councillor Chin Lee

             Councillor John Parker

             Councillor Anthony Perruzza

 

            (The Audit Committee elects its Chair from its Members)

 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council advocate the following, that:

 

i.          The Government of Ontario and the Government of Canada address fairness in artists’ incomes.

 

ii.          To this end:

 

a.         The Federal Government consider the early adoption of an income averaging system for artists.

 

b.         The Federal Government exempt a reasonable portion of income derived from royalties and residuals from income tax, on the model of the Quebec Government’s artistic exemption program.

 

c.         The Government of Ontario implement similar measures in the provincial income tax system. 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council receive, for information, the letter (December 18, 2008) from the General Secretary, Toronto Transit Commission, entitled “Public Forum on Accessible Services”.

City Council on January 27 and 28, 2009, received this Item and the supplementary report (January 26, 2009) from the General Manager, Shelter, Support and Housing Administration (CD21.2a), for information.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council consent to the transfer of 11 Randolph Avenue by Mintz and Partners as receiver and manager of the assets of Canrise Non-Profit Housing Inc. to Toronto Community Housing Corporation.

 

2.         That as a condition of approval, the Toronto Community Housing Corporation commit to a communication program by which tenants will have an opportunity to be made aware of the short term management plan in respect of the subject buildings.

 

3.         The City Clerk provide a certificate, in registrable form, to Mintz and Partners pursuant to subsection 453.1(9) of the City of Toronto Act, 2006.

 

4.         Confidential Attachment 1 to the report from the General Manager, Shelter, Support and Housing Administration, remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it deals with personal matters about identifiable persons.

 

Confidential Attachment 1 to the report (December 17, 2008) from the General Manager, Shelter, Support and Housing Administration, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains personal information about identifiable individuals.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council request the Minister of Municipal Affairs and Housing to move quickly to enact sections 137 and 138 of the Residential Tenancies Act, and develop regulations which will ensure that comprehensive and effective energy efficiency measures are in place prior to hydro being removed from the rent, and that rent reductions be calculated in a fair and transparent manner.

 

2.         Until such time as sections 137 and 138 are enacted, City Council request the Minister of Municipal Affairs and Housing to immediately take steps to improve protection for tenants from negative impacts of sub-metering, including:

 

a.         implementing interim information and communication programming to support tenants in understanding and enforcing their rights under section 125 of the Residential Tenancies Act;

 

b.         legislative amendments to section 125 to ensure fair practices in the transfer of hydro costs from landlords to tenants, including requirements for informed consent; and

 

c.         regulatory amendments to section 125 to ensure a fair and transparent determination of rent reductions.

 

3.         City Council request the Minister of Energy and Infrastructure to review the provincial regulatory and incentive environment as it applies to sub-metering in multi-residential rental properties, and to move quickly to put in place measures to ensure fair practices and protect tenants, including licensing of sub-meter providers operating in rental residential buildings.

 

4.         City Council request the Chair of the Cabinet Committee on Poverty Reduction to support enhanced funding to programs that help low-income tenants to pay hydro costs when they cannot afford the cost of this vital service, and to take other actions towards reducing energy poverty.

 

5.         City Council delegate authority to the General Manager, Shelter, Support and Housing Administration, to allocate up to $25,000 from the Tenant Defence Grant Fund to support tenant dispute applications, in partnership with one or more Toronto community legal clinics, on issues related to the removal of hydro as a service included in the rent, and to report to the Tenant Defence Sub-committee on the results of any cases funded under this recommendation.

 

6.         City Council send a copy of this report to the Ontario Energy Board, the Ontario Power Authority, Ontario’s Chief Energy Conservation Officer, the Ministry of Energy and Infrastructure, the Ministry of Municipal Affairs and Housing, the Landlord and Tenant Board, and Toronto Hydro to advise of Council’s concerns about tenant protection and fair rent reductions where hydro is removed as a service included in the rent.

 

7.         City Council request the Province of Ontario to put a hold on the installation of "smart meters" in residential rental units until such time as the appropriate legislative amendments and/or regulations have been brought into force.

 

8.         City Council forward these recommendations to all municipalities in Ontario with a population of over 30,000.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council request the Government of Canada to direct Statistics Canada to gather, process and disseminate more comprehensive economic data with a view to providing Canadian business and labour leaders, academic researchers and political decision makers with information and levels of detail in line with that available to their counterparts in the United States and Western Europe.

 

2.          City Council request the Economic Development Committee to hold a special meeting to which all Members of Council and the public are encouraged to attend, to brainstorm and develop strategies to improve Toronto’s economic advantage and minimize the economic impact of the current recession.

 

3.         City Council request Deputy City Manager Sue Corke to report to the April 22, 2009 meeting of the Economic Development Committee on the feasibility of the City establishing clear and understandable metrics, to be reported regularly by the City, in order to measure the economic health of the City of Toronto.  The information would include:

 

            a.         the number of jobs lost and created, sectorally and identify whether they are short term or long term jobs;

 

b.         the number of businesses that have been created or lost, identified by sector;

 

            c.         a summary of those large business that have been attracted to Toronto as well as the number of large businesses that have left the City of Toronto;

 

d.         a summary of those business that have significantly downsized their operations in the City of Toronto;

 

e.         the possible reasons that the changes reported with respect to Parts a to d above have occurred; and

 

f.          metrics of our performance compared to other GTA municipalities.

 

4.         City Council request Deputy City Manager Sue Corke to report to the Economic Development Committee in September 2009, on how the City could establish economic-friendly zones (i.e. remove property taxes and business taxes) but incorporate infrastructure costs in these zones.

 

5.         City Council request the General Manager, Economic Development, Culture and Tourism, in consultation with the Interdivision Economic Growth Team:

 

a.         continue to implement the Agenda for Prosperity with increased focus in 2009 on expanding and deepening a Can-Do approach within the City's administration, increasing Toronto's international presence, anchoring and expanding priority industry sectors and growing strategic new sectors, and working with communities to support job creation and local hiring; and

 

b.         report back to the Economic Development Committee, semi-annually, on significant changes in the Toronto economy and progress in implementing the Agenda for Prosperity.

 

6.         A copy of the report be forwarded to:

 

a.         the citizen members of the Mayor's Economic Competitiveness Advisory Committee reconfirming the City's commitment to implement the Agenda for Prosperity and work collaboratively with business, labour, educators and the community, and requesting their continued participation and support to sustain and advance Toronto's  economy in these difficult economic times; and

 

b.         the members of the Board of Directors of Invest Toronto and Build Toronto.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the creation of a new Competitiveness, Creativity and Collaboration investment program to:

 

a.         build on the fundamental principles identified in the Agenda for Prosperity;

 

b.         work in partnership with business and industry non-profit organizations to improve Toronto's economic prosperity;

 

c.         increase employment opportunities;

 

d.         attract new investment and retain businesses; and

 

e.         involve members of the business community to assist with the review and adjudication process.

 

2.         Four existing grant programs, Community Festivals and Special Events (CFSE), Commercial Research Investment Program (CRIP), Economic Development Sector Investment Program (EDSIP), and the Economic Sponsorship Initiatives (ESI) Program be terminated on December 31, 2009 and all associated funds ($456,260 in the 2008 Council approved Operating Budget) be re-allocated through the Community Partnership and Investment Program (CPIP) to a new Competitiveness, Creativity and Collaboration investment program in 2010.

 

3.         The new Competitiveness, Creativity and Collaboration investment program be administered by the General Manager, Economic Development, Culture and Tourism Division.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council appoint Deputy Mayor Joe Pantalone to the Fort York Community Museum Management Board for a term of office ending November 30, 2010 and until a successor is appointed.

 

2.         The one Councillor position on the Collections, Conservation and Shared Resources Museum Management Board be filled by a nominee from one of the other museum boards that is not represented on the Board, for the remainder of the current Council term.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the designation of the area described in Attachment 1 of the report as an expanded Business Improvement Area (BIA), under Chapter 19 of the City of Toronto Municipal Code.

 

2.         City Council authorize and direct the City Clerk to send out a notice of Council's intention to expand the boundary of the Regal Heights Village Business Improvement Area (BIA) to include the area shown in Attachment 1, in accordance with Chapter 19 of the City of Toronto Municipal Code.

 

3.         The Executive Director of Technical Services be requested to prepare designation by‑law maps of the area, as described in Attachment 1, and submit them to the City Solicitor.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the deletions to the Junction Gardens BIA Board of Management as set out in Attachment 1 of the report.

 

2.         Schedule A of the Municipal Code Chapter 19, Business Improvement Areas, be amended to reflect the changes to the BIA Board of Management.

City Council on January 27 and 28, 2009, adopted the following:

 

1.          City Council approve the 2009 expenditure requests and levy requirements of the following Business Improvement Areas:

 

Business Improvement Area	2009 Expenditure Estimates ($)	2009 Levy Funds Required ($)
Bloor by the Park	81,119	67,314
Bloor Street	1,987,000	1,650,000
Bloor-Yorkville	1,977,198	1,648,220
Church-Wellesley Village	290,718	223,609
Crossroads of the Danforth	69,829	69,829
Danforth Village	503,974	462,597
Dovercourt Village	6,863	6,240
Downtown Yonge	2,580,584	2,152,771
Dundas-Bathurst	58,976	51,876
Eglinton Hill	17,556	16,069
Forest Hill Village	270,679	170,783
Gerrard India Bazaar	256,892	139,062
Greektown on the Danforth	1,135,064	425,748
Harbord Street	22,577	15,500
Hillcrest Village	129,928	53,033
Liberty Village	296,506	199,996
Long Branch	68,748	50,030
Mimico by the Lake	44,281	36,220
Mimico Village	21,969	15,826
Old Cabbagetown	274,012	202,884
Pape Village	65,223	59,286
Riverside District	162,722	137,026
Roncesvalles Village	323,348	167,199
Rosedale Main Street	310,445	270,545
St. Clair Gardens	135,000	55,424
St. Lawrence Market Neighbourhood	310,802	255,001
Sheppard East Village	89,841	57,097
The Danforth	306,891	249,993
The Kingsway	398,980	354,825
Toronto Entertainment District	1,684,000	1,200,000
Upper Village	82,405	56,150
Uptown Yonge	306,952	115,500
West Queen West	236,723	204,198
Weston Village	139,909	85,344
Wexford Heights	255,971	184,489
Wychwood Heights	163,360	69,678

 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         Former City of North York By-law No. 29454 be amended to delete references to “Jewish Immigrant Services of Canada, Toronto Hebrew Re-Establishment Services and Jewish Family and Child Service of Metro Toronto”, and to replace these with: “the United Jewish Welfare Fund (or its successor organization) and its related organizations”, and to make other consequential amendments as necessary.

 

2.         City Council affirm that the transfer of portions of land between the parcels known as 4588 Bathurst Street and 4600 Bathurst Street, as described in this report, will not trigger the requirement to repay property taxes foregone in the preceding 10-year period, as provided for in agreements between the property owners and the former City of North York.

 

3.         Former City of North York By-law No. 33142 be repealed and the related tax cancellation agreement between the former City of North York and the Bathurst Jewish Centre (4588 Bathurst Street) dated February 2, 1998 be terminated and removed from title to the property.

 

4.         Authority be granted for the introduction of the necessary bills to give effect thereto.

 

5.         The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council authorize the Director of Real Estate to negotiate to acquire the property listed in Appendix A as required for the construction of a portion of the Toronto-York Spadina Subway Extension Project (the “Project”) within the geographical boundaries of the City (attached as Appendix A to this report) and to initiate expropriation proceedings, where necessary.

 

2.         City Council authorize the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the Required Property, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to City Council for its consideration.

 

City Council on January 27 and 28, 2009, adopted the following:

 

1.         Subject to City Council authorizing the permanent closure of the public lane between 51 Grosvenor Street and 76 Grenville Street, being part of Lane on Plan 159 and shown as Part 1 on Sketch No. PS-2008-160 (the “Lane”), the City of Toronto enter into an Agreement of Purchase and Sale with the adjoining owner, Women’s College Hospital (the “Purchaser”), for the sale of the Lane, in the amount of $980,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

 

2.         City Council make a Grant to the Hospital of $980,000.00 in accordance with section 83 of the City of Toronto Act, 2006, as the Hospital is not an entity to which such a grant is prohibited under section 82 of the City of Toronto Act, provided the Hospital enters into a grant agreement with the City which requires the Hospital to re-pay the grant to the City by paying the current market value of the Lane at that time, in the event that the Lane and the Hospital's adjoining properties on either side of the Lane are not redeveloped for hospital purposes and/or are sold for a use other than hospital purposes, and on such other terms and conditions as the Deputy City Manager and Chief Financial Officer deems appropriate.

 

3.         City Council determine that it is in the interests of the municipality to make the grant to the Hospital.

 

4.         City Council direct that Women’s College Hospital reimburse all legal, appraisal and associated costs.

 

5.         Authority be granted to direct a portion of the proceeds of closing to fund the outstanding expenses related to the Lane and the completion of the sale transaction.

 

6.         The City Solicitor be authorized to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending or waiving terms and conditions, on such terms as she considers reasonable.

 

7.         The following motion be referred to the Community Development and Recreation Committee for consideration:

 

Moved by Councillor Del Grande:

 

This land be provided to Women’s College Hospital conditional upon the Hospital agreeing not to charge ambulance costs to residents, as they are already paid by the City.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve Lease agreements with each of the current and future (if changed during the term) City Hall media tenants on the terms and conditions as set out in Appendix “A” of this report, together with such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer and in a form approved by the City Solicitor.

 

2.         City Council direct the Chief Corporate Officer to negotiate and adjust rent for the current media tenant leases for 2008 in accordance with Schedule “A” of this report.

 

3.         City Council direct the Chief Corporate Officer to administer and manage the lease agreements including the provision of any consents, approvals, notices and notices of termination, provided that the Chief Corporate Officer may, at any time, refer consideration of such matter (including their content) to City Council for its determination and direction.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         The General Manager of Parks, Forestry and Recreation, in conjunction with the City Solicitor,  amend the “Use” clause in the existing lease agreement with the TDSB for the use of the tennis courts at Bathurst Secondary School, to allow for the installation and operation of a skateboard park.

 

2.         The General Manager, Parks, Forestry and Recreation be requested to consult with the Toronto Catholic District School Board on this matter.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council grant authority to enter into a 5 year lease agreement (the "Lease") with respect to the parcel of vacant land known as Unit A, 348 Unwin Avenue (the "Leased Premises"), such Lease to be between the owner of the Leased Premises, City of Toronto Economic Development Corporation (the "Landlord") and City of Toronto, as tenant, substantially on the terms and conditions in Appendix "A" and on such terms and conditions as may be acceptable to the General Manager of Solid Waste Management Services and the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

 

2.         City Council grant authority for the General Manager of Solid Waste Management Services to utilize funds from its budget to make payments for the rent payable under the Lease, as stated herein.

 

3.         City Council grant authority to the Chief Corporate Officer to administer and manage the Lease, including the provision of any consents, approvals, notices and notices of termination provided that the Chief Corporate Officer may, at any time, refer consideration of such matter (including their content) to City Council for its determination and direction.

 

4.         City Council pass a by-law pursuant to section 252 of the City of Toronto Act, 2006, providing authority to:

 

a.         enter into a municipal capital facility agreement with the Landlord in respect of Leased Premises for the operation of a wood chipping and garden waste processing facility by Solid Waste Management Services; and

 

b.         exempt the Leased Premises from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of the following dates: the commencement date of the Lease between the City and the Landlord; the date the municipal capital facility agreement is signed; and the date the tax exemption by-law is enacted.

 

5.         City Council direct the City Clerk to give written notice of the by-law to the Minister of Education, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, the Conseil Scolaire de District du Centre-Sud-Ouest, and the Conseil Scolaire de District du Catholique Centre-Sud.

 

6.         City Council grant authority  for the introduction of the necessary bills to give effect to the foregoing.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council adopt the confidential instructions to staff contained in Attachment 1.

 

2.         If adopted by Council, only Recommendations 2 and 3 be made public at the end of the Council meeting.

 

The following Recommendations 2 and 3 contained in Confidential Attachment 1 to the report (December 18, 2008) from the City Solicitor, are now public. The balance of Confidential Attachment 1 remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board:

 

2.         Authority be granted to the City Solicitor to commence legal action against the federal and provincial Crown and any other party deemed appropriate seeking contribution and indemnity or any other claim as a result of the National Yacht Club's legal action.

 

3.         The authority in Recommendation 2 include the authority to settle claims without commencing formal legal action where appropriate, to commence legal action where appropriate against any party deemed proper by the City Solicitor, to discontinue or settle such legal action once commenced where it is concluded that it is reasonable to do so, to appeal any decision where warranted, to take collection proceedings to enforce judgements and orders where necessary, to write-off amounts that are uncollectible where it is appropriate to do so, or otherwise to deal with the recovery of such claims, and to execute any documents in furtherance thereof.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council grant authority to enter into a licence agreement with Mr. Jack Dominico, President of the TMLBC to operate a food and beverage concession at the Concession Facility within Christie Pits Park for five (5) seasons, during the period from May 1, to October 31, in each of the years 2009 to 2013 inclusive, at a licence fee of $1,000.00 for each season.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council authorize the necessary amendments to Municipal Code Chapter 217, Records Corporate (City), to add a new disposition category of “Archival and Permanent” to enable the future deletion of the existing disposition categories of “Permanent/ Archival Review” and “Permanent” after records series with these retention periods have been revised.

 

2.         City Council approve the revisions to the records series schedule as noted in Appendix 2 and adding the new record series detailed Appendix 3.

 

3.         City Council repeal record retention by-laws of former municipalities as set out in Appendix 4.

 

4.         City Council grant authority to introduce the necessary bills in the City Council to give effect to the foregoing.

 

5.         City Council authorize the appropriate City of Toronto officials to take the necessary action to give effect thereto.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council endorse the decision of the Competition Jury to select the proposal for June Callwood Park by gh3 as the winner of the June Callwood Park Design Competition.

 

2.         City Council authorize Parks, Forestry and Recreation to enter into and execute an agreement on behalf of the City with gh3 to provide professional landscape architectural services for June Callwood Park, based on a proposed fee of up to 12 percent of the construction costs for the Phase 3 project, or up to $0.200 million net of GST, depending on the final budget of construction phase.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         Smoking tobacco and the holding of lighted tobacco be prohibited within a 9-metre radius of the edge of playground safety surfaces or any playground equipment in Toronto parks, and within a 9-metre radius of the edge of wading pool basins or safety surfaces of splash pads operated by Parks, Forestry and Recreation Division.

 

2.         Smoking tobacco and the holding of lighted tobacco also be prohibited within zoos and farms managed by Parks, Forestry and Recreation.

 

3.         The City Solicitor be directed to amend Municipal Code Chapter 608, Parks, to prohibit smoking tobacco and holding lighted tobacco within a 9-metre radius surrounding the edge of playground safety surfaces or any playground equipment in Toronto parks, within a 9-metre radius surrounding the edge of wading pool basins or safety surfaces of splash pads, and within zoos and farms operated by Parks, Forestry and Recreation Division, substantially as outlined in Appendix A of this report, subject to any necessary minor substantive or stylistic refinements as may be identified by the General Manager and the City Solicitor.

 

4.         The amendments to Municipal Code Chapter 608, Parks, come into force the day after the set fine order is issued by the Province.

 

5.         Signage be designed and installed identifying the smoking prohibition and identify the relevant provisions of Municipal Code, Chapter 608, Parks.

 

6.         The City Solicitor be authorized to introduce the necessary bills to give effect to these recommendations.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve amendments to the Commercial Dog Walker Permit Policy outlined in bold print in Attachment 1 of this report, subject to any necessary minor, substantive, or stylistic refinements as may be identified by the General Manager and City Solicitor, and including the following:

 

             a.         replacement of the former “Revoked Permit” section in the Commercial Dog Walker Permit Policy with the “Permit Suspension” section;

 

b.         the establishment of an Appeal Process for Commercial Dog Walkers who have been notified that their permit  will be suspended; and

 

c.         the establishment of a three-member Commercial Dog Walker Permit Appeal Committee composed of the Managers of Animal Services, and Policy and Planning Services, both of Municipal Licensing and Standards; and the Project Manager of the Clean and Beautiful City Secretariat of Transportation Services.

 

2.         City Council approve the corresponding amendments to Municipal Code Chapter 608, Parks to implement the revisions to the Commercial Dog Walker Permit Policy, as outlined in Attachment 2 of this report, subject to any necessary minor, substantive or stylistic refinements as may be identified by the General Manager and the City Solicitor.

 

3.         City Council approve the terms of reference for the Commercial Dog Walker Permit Appeal Committee, and that Municipal Code Chapter 608, Parks, be amended accordingly, substantially as outlined in Attachment 3 of this report, subject to any necessary minor substantive or stylistic refinements as may be identified by the General Manager and the City Solicitor.

 

4.         City Council approve a $200.00 non-refundable application fee to appeal the suspension of a commercial dog walker permit and that Municipal Code Chapter 441, Fees and Charges, be amended to include the new fee.

 

5.         The General Manager, Parks, Forestry and Recreation be requested to provide notification of the changes in the by-law by mail, to each licensed commercial dog walker.

 

6.         The City Solicitor be authorized to introduce the necessary bills to give effect to these recommendations.

 

Public Notice

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council amend the Official Plan substantially in accordance with the draft official plan amendment presented in Attachment 1 of the report.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment as may be required.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment attached as Attachment 1 to the report (January 20, 2009) from the Chief Planner and Executive Director, City Planning (PG22.3a).

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

 

3.         City Council direct the Chief Planner and Executive Director to bring forward the Site Plan Control By-law amendments to implement the additional Site Plan Control powers dealing with exterior design and sustainable design in adjacent rights-of-way in the second quarter of 2009 upon the proposed Official Plan policies coming into effect.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the following amendments to the Telecommunication Tower Protocol:

 

i.          All City Agencies, Boards and Commissions and City Divisions be advised that they should not lease space for the erection of a cellular tower without consultation with the local Councillor and specific authorization from City Council.

 

ii.          Agencies, Boards and Commissions and City Divisions be advised of the protocol and their requirement to observe it.

 

iii.         Require that notice be sent to residents within 120 metres of the proposed tower or three times the height of the tower (whichever is greater), and that this be communicated to Industry Canada and their concurrence be requested.

 

iv.         Upon receipt of an application for a permit and prior to notification, staff consult with the Local Councillor to determine if it is necessary to expand the notification area.

 

v.         Staff, in consultation with the Local Councillor be authorized to extend the notification area of a Tower or Antenna, and that the costs associated with extending the notification area be paid by the applicant.

 

vi.         For notification purposes, the height of  a Tower or Antenna be defined as the distance between the tip of the highest point and the crown of the adjacent road.

 

vii.        The Local Councillor or the staff of the Local Councillor be invited to attend the required preliminary consultation meeting and may attend if they so wish.

 

viii.       Notification be sent to both property owners and tenants within the notification area.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the installation of traffic control signals at the intersection of Pharmacy Avenue and Arnall Avenue.

 

2.         The appropriate by-law(s) be passed or amended accordingly.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council approve the installation of traffic control signals at the intersection of St. Clair Avenue East and Jeanette Street.

 

2.         The appropriate by-law(s) be passed or amended accordingly.

 

3.         City Council request the TEDCO Board of Directors, or its successor, and Monarch Corporation to make a contribution towards the cost of the traffic signals.

 

4.         The General Manager, Transportation Services, be requested to work with Toronto Transit Commission staff and the local City Councillor to examine the issue of traffic lights in the Waltonice Road area with the goal of improving traffic efficiency and pedestrian safety, and report back to the Public Works and Infrastructure Committee if necessary.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         Authority be granted to submit any Bills required to amend Municipal Code Chapter 743, Streets and Sidewalks, pertaining to a consolidated street event by‑law, generally in accordance with Appendix A of this report, subject to:

 

a.         any necessary refinements as may be identified by the General Manager of Transportation Services and the City Solicitor; and

 

            b.         deleting the words “each directly affected Business Improvement Area and” from Subsection 743-34 E.(1) of Appendix A, so that it reads as follows:

 

“(1)      The General Manager shall refuse an application for a street event where a prior street event permit has been applied for or issued for a full road closure on the same local, collector or arterial road within the same Ward and in the same calendar month, unless the General Manager receives written approval from each Councillor in whose Ward the road closure is requested;”; and

 

c.         longstanding major events (at least five years) that use major arterial roads continue to have the privilege of occupying their traditional locations and occurring during their traditional times.

 

2.         At such time as the General Manager of Transportation Services, and the City Solicitor deem appropriate, the existing provisions in the Code Chapters and by-laws, or relevant sections thereof, of the former municipalities as set out below, and any other provisions that may be identified by the General Manager or City Solicitor, that relate to and have been superseded or replaced by the new Code Chapter, be repealed:

 

a.         By-law No. 92-91 Streets Closings, as amended, to provide for the temporary closing of highways (East York);

 

b.         Article IIA, Temporary Closures of Streets for Special Events of Municipal Code Chapter 231, Streets and Sidewalks (Etobicoke);

 

c.         Municipal Code Chapter 233, Sunday Activities (Etobicoke);

 

d.         Section 4(5) of By-law No. 211-74, to regulate the use of Metropolitan Roads (Municipality of Metropolitan Toronto);

 

e.         Section 1(1)(d) of By-law No. 41-93, to delegate to certain area municipalities the authority to lease or license the use of sidewalks, boulevards and untravelled portions of Metropolitan Roads (Municipality of Metropolitan Toronto);

 

f.          By-law No. 27433 (North York);

 

g.         Section 3 of By-law No. 21208, being a by-law to prohibit the obstructing, encumbering, or fouling of highways and the sale by retail in a highway or on a vacant lot adjacent to a highway (Scarborough);

 

h.         Sections 313-19, 313-19.1, 313-25 and 313.19.21 of Municipal Code Chapter 313, Street and Sidewalks (former Toronto);

 

i.          Sections 313-19 and 313-25 of Schedule A of Municipal Code Chapter 313, Street and Sidewalks (former Toronto);

 

j.          Sections 937-3, 937-3.1, 937-4 and 937-5 of Municipal Code Chapter 937, Temporary Closing of Highways (City of Toronto); By-law No. 455-2000, Street Event definition; By-law No. 869-2000, Street Event definition; and By-law No. 398-2005, Grand Prix; and

 

k.         Articles 4 and 14 of Municipal Code Chapter 1004, Street (York); Section 2 of By-law No. 3343-79, Streets; and Section 3E of By-law No. 3823-81, Temporary Sidewalk Sales; Article 4 could include a closure for an event.

 

3.         The City Solicitor, in consultation with the General Manager of Transportation Services, be authorized and directed to make application to the Senior Regional Justice of Ontario Court of Justice for set fines with respect to the offences created by the above noted proposed section of Municipal Code Chapter 743, Streets and Sidewalks.

 

4.         City Council adopt the Street Event Implementation Guidelines and grant authority to the General Manager, Transportation Services, to amend the Street Event Implementation Guidelines from time to time to ensure the most up to-date requirements of the affected agencies are in place.

City Council on January 27 and 28, 2009, adopted the following:

 

1.         City Council confirm the current levels of service for winter maintenance respecting roadway de-icing, roadway snow ploughing, driveway windrow opening, sidewalk snow clearing, and snow removal as outlined in Appendices 1, 3, 5 and 6 as continuing to be appropriate.

 

2.         City Council direct the General Manager, Transportation Services to undertake a pilot project for the removal of windrows at entrances to public laneways at a cost of approximately $50,000 subject to additional funding being allocated to the 2009 Transportation Services Operating Budget.

 

3.         Part 2 above be referred to the Budget Committee for consideration as part of the 2009 Operating Budget Process.

 

4.         At the end of each snow clearing season, the City Manager be requested to engage all Members of Council in a standardized comprehensive evaluation of the roadway and roadside winter maintenance service for that season, and the results become the basis for improving and building a roadway and roadside winter maintenance plan for the following season.

 

5.         The General Manager, Transportation Services, be requested to report to the Public Works and Infrastructure Committee on:

 

a.         possible amendments to the policies adopted as a result of the Development Infrastructure Policy and Standards Review (DIPS) as they relate to snow storage and snow removal;

 

b.         options for the provision of snow ploughing and snow removal on residential public laneways in new and existing residential developments, including requirements for smaller equipment; and

 

c.         the feasibility of clearing snow around school drop-off areas from curb to curb.

City Council on January 27 and 28, 2009:

 

1.         adopted the following:

 

            The General Manager, Transportation Services, be requested to develop guidelines for municipal construction projects that would require staff to determine dates of significant religious events at any adjacent religious institutions and to take any appropriate action to minimize the impact of construction activities during those times.

 

2.         received, for information, the following recommendations contained in the Member Motion dated November 4, 2008, from Councillor Stintz, seconded by Councillor Feldman:

 

 1.        That City Council direct the City Manager, in consultation with the Deputy City Manager of Citizen Centred Services, Cluster B, to report to the appropriate Standing Committee on the suspension of construction work in neighbourhoods with large Jewish communities during Jewish High Holy Days.  The report should include recommendations on how best to implement this mechanism.

 

2.         That City Council direct the City Manager, in consultation with the Deputy City Manager of Citizen Centred Services, Cluster B, to report to the appropriate Standing Committee on the extension of this special condition to other religious groups and Wards in the City of Toronto.