CALL TO ORDER - 9:45 a.m.

 

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

 

The meeting opened with O Canada.

 

May 25, 2009

 

Speaker Bussin, during the morning session of the meeting, acknowledged a member of the City Clerk's staff, Cita Defreitas of the Secretariat, who was retiring following 35 years of exemplary service to the City of Toronto and to City Council.  She advised that Ms. Defreitas works in the Live Production Unit upstairs and has supported many Council meetings over the years.  Members of Council congratulated Cita on her remarkable achievements, thanked her for her outstanding support to City Council and wished her the very best in her retirement.

 

Councillor Mihevc, during the morning session of the meeting, presented a plaque to Father Hernan Astudillo of the San Lorenzo Church in recognition of his remarkable work in organizing the "Caravan of Hope", and the delivery of ambulances to Soyapango, El Salvador.  Father Astudillo addressed Council and expressed his gratitude to the parishioners of San Lorenzo Church, Councillor Mihevc and the other Members of Council.

 

Councillor Fletcher, during the morning session of the meeting, advised Council of the spring planting currently underway by Parks, Forestry and Recreation staff.  Councillor Fletcher highlighted some of the projects and congratulated the Division on the success of their beautification efforts.

 

Councillor Fletcher, during the morning session of the meeting, congratulated Heather McCallum of Toronto Protocol, on the occasion of her upcoming retirement.

 

May 27, 2009

 

Councillor Vaughan, during the morning session of the meeting, advised Council that a fire had occurred in his ward on May 26.  In accordance with new City policies, his residents were offered services and assistance by staff from Housing First and Streets to Homes.  He thanked the staff involved and noted that those affected by the fire had received excellent care.

 

Councillor Moscoe, during the morning session of the meeting, congratulated Councillor Perruzza on the occasion of his recent marriage. 

May 25, 2009, at 10:28 a.m. - Speaker Bussin advised Council of the following:

 

            The Mayor has the following Key Matters:

 

The first is Public Works and Infrastructure Committee Item PW24.15 on the Jarvis Street Streetscape Improvements Class Environmental Assessment Study.  This will be our first Item of business today.

 

The Mayor’s 2nd Key Matter is Executive Committee Item EX32.5 on the Principles of a Real Estate Strategy and Declaration of Surplus for Sale/Transfer or Turnover to Build Toronto.  This will be our second Item of business.

 

            Council will consider the other Items in agenda order.

 

Toronto and East York Community Council Items TE26.14 and TE26.15 on 10 and 14 Prince Arthur Avenue will be considered together.

 

Council is scheduled to meet in closed session at 6:00 p.m. tonight, if required.  Notices of Motions will be dealt with at 2:00 p.m. tomorrow, if the Mayor’s Key Matters are completed.

 

This Council meeting is scheduled for two days.  If Council doesn’t complete the agenda by the 8:00 p.m. adjournment time tomorrow night, Council will continue meeting on Wednesday to complete Council’s business.

May 26, 2009, at 9:44 a.m. - Speaker Bussin advised Council of the following:

 

            There are 35 Items left on the agenda.  The Mayor's Key Matters have been completed.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council approve the City of Toronto Emergency Plan, submitted as Appendix 1 of the report (April 20, 2009) from the City Manager and Deputy City Manager Richard Butts.

 

2.          City Council re-enact Municipal Code, Chapter 59, Emergency Management, substantially in the form of the draft by‑law, submitted as Appendix 2 of the report, with Part C of Section 59-14 amended to now read as follows:

 

Delegation of Authority to Mayor

§ 59-14. Mayor’s Powers in Emergencies

 

C.         The Mayor, through the Office of Emergency Management, shall advise the members of City Council of any exercise of authority delegated under this Article within 24 hours of the date of exercise of the authority

 

3.         City Council amend the provisions of Toronto Municipal Code, Chapter 27, Council Procedures, to ensure that the delegation of Council's authority to the Mayor addressed in new Code Chapter 59, includes the authority conferred on Community Councils under section 27-152.

 

4.         City Council further amend the City of Toronto Municipal Code to require that within 30 days of the exercise of the Emergency Delegation by the Mayor, the Mayor be requested to prepare a full and complete written report to Council, through the Executive Committee, outlining:

 

i.          a justification for having assumed delegated authority.

ii.          an outline of the actions taken with respect to that delegated authority.

iii.         any specific recommendation that might result from the specific emergency.

 

5.         If it is necessary to extend the assumption of authority beyond 30 days, the Mayor be required to hold a special meeting of City Council as expeditiously as possible in order to have the delegation renewed.

 

6.         City Council authorize the City Solicitor to bring forward the necessary bills to give effect to these recommendations. 

Motion 1 - That Recommendation 2 of the Executive Committee be amended to now read as follows:

 

2.         City Council re-enact Municipal Code, Chapter 59, Emergency Management, substantially in the form of the draft by‑law, submitted as Appendix 2 of the report, with Part C of Section 59-14 amended to now read as follows:

 

Delegation of Authority to Mayor

§ 59-14. Mayor’s Powers in Emergencies

 

C.        The Mayor, through the Office of Emergency Management, shall advise the members of City Council of any exercise of authority delegated under this Article within 24 hours of the date of exercise of the authority.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the Deputy City Manager and Chief Financial Officer and the City Clerk to enter into an agreement with FCM, for the issuance and sale of a ten year amortizing debenture in a maximum aggregate principal amount of $600,000, such agreement be on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer in consultation with the City Solicitor.

 

2.         City Council authorize the Deputy City Manager and Chief Financial Officer and the Mayor to issue the debenture to FCM on behalf of the City.

 

3.         City Council grant authority for the introduction of the necessary bills in Council to give effect thereto. 

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         a.         The City provide, to NYSA’s financial institution, a guarantee of NYSA’s line of credit in the amount of $250,000.00 (inclusive of all interest costs payable by NYSA), for a term commencing on May 1, 2009 until May 31, 2012.

 

b.         In accordance with the City’s Capital Loan and Line of Credit Guarantee Policy, the City enter into an agreement with NYSA, and a tri-party agreement with both NYSA and its financial institution, in respect of the recommended line of credit guarantee.

 

2.         Such guarantee and all related agreements be on terms and conditions satisfactory to the City Solicitor, the Deputy City Manager and Chief Financial Officer as well as the General Manager, Economic Development, Culture and Tourism and that the Deputy City Manager and Chief Financial Officer be requested to negotiate appropriate and adequate safeguards, to the satisfaction of the City Solicitor.

 

3.         City Council request the NYSA to provide the Deputy City Manager and Chief Financial Officer with their 2009 to 2011 inclusive audited financial statements when they become available.

 

4.         City Council deem the line of credit guarantee to be in the interest of the municipality. 

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council grant the City Solicitor authority to pursue recovery of expenses related to the clean-up of properties affected by the propane explosion and fire in August 2008 that started at 48 and 54-62 Murray Road (the“Sunrise Site”) in the City of Toronto and expenses related to the clean-up of the Sunrise Site.

 

2.         City Council grant the City Solicitor authority to pursue recovery of expenses incurred by Toronto Fire Services in connection with the propane fire and explosion in August 2008 that started at 48 and 54-62 Murray Road (the “Sunrise Site”) in the City of Toronto.

 

3.         The authorities granted in Parts 1 and 2 above include the authority to issue an order under Section 100.1 of the Environmental Protection Act, to commence other legal action where appropriate, to discontinue or settle any legal action, to appeal any decision where warranted, to take collection proceedings to enforce judgments 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, in consultation with Toronto Fire, and where appropriate, with the head of the relevant City division, and to execute any documents in furtherance thereof.

 

4.         City Council authorize the appropriate City staff be to take the necessary steps to implement these recommendations. 

Motion 1 - That City Council adopt the following recommendations contained in the report (May 25, 2009) from the City Solicitor [EX32.4a]:

 

1.         The City Solicitor be granted authority to pursue recovery of expenses incurred by Toronto Fire Services in connection with the propane fire and explosion in August 2008 that started at 48 and 54-62 Murray Road (the “Sunrise Site”) in the City of Toronto.

 

2.         Such authority include the authority to issue an order under Section 100.1 of the Environmental Protection Act, to commence other legal action where appropriate, to discontinue or settle any legal action, to appeal any decision where warranted, to take collection proceedings to enforce judgments 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, in consultation with Toronto Fire Services and to execute any documents in furtherance thereof.

 

3.         The appropriate City staff be authorized to take the necessary steps to implement these recommendations.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council endorse the Principles of a Real Estate Strategy set out in Appendix 1 (the “Principles”) of the report (April 22, 2009) from the Deputy City Manager and Chief Financial Officer and the Chief Corporate Officer, subject to such exceptions and variations as may be authorized by the CCO in consultation with the Deputy City Manager and Chief Financial Officer (“DCM/CFO”).

 

2.         City Council declare the following properties surplus, as set out in Appendix 2 of the report, as revised by City Council, subject to the retention of those areas and interests required to satisfy operational requirements and subject to the retention of any interests required by law as well as those City and other interests required to be protected (“Required Interests”), with the intended method of disposal to be by way of a Transfer to Build Toronto on an “as is” basis, for nominal consideration (with Build Toronto to pay any applicable Land Transfer Tax, GST,  registration and other costs):

 

a.         4050 Yonge Street (York Mills) (Appendix 2(a));

b.         154 Front Street East (Appendix 2(b));

c.         Part of 705 Warden Avenue (Warden North) (Appendix 2(c));

d.         30 Tippett Road (Southeast Wilson Commuter Lot) (Appendix 2(d));

e.         75 Billy Bishop Way (Southwest Wilson Commuter Lot) (Appendix 2(e));

f.          50 Wilson Heights Boulevard (Northeast Wilson Commuter Lot) (Appendix 2(f));

g.         64 and 70 Cordova Avenue (Appendix 2(g));

h.         120 and 130 Harbour Street (Appendix 2(h));

i.          2126 Kipling Avenue (Appendix 2(i));

j.          4620 Finch Avenue East (C.O.Bick College) (Appendix 2(j));

k.         150 Symes Road (Appendix 2(k)) - as revised by City Council;

l.          383 and 425 Old Weston Road (Appendix 2(l));

m.        297 Sixth Street (Appendix 2(m));

n.         Part of 120 Grangeway Avenue (McCowan/Progress) (Appendix 2(n));

o.         51 Power Street (Appendix 2(o)).

 

3.         City Council declare the following properties surplus, as set out in Appendix 3 of the report, as revised by City Council, subject to the retention of Required Interests, with the intended method of disposal to be by way of Turnover to Build Toronto on an “as is” basis, for nominal consideration:

 

a.         Parts of 2200 Yonge Street (Yonge/Eglinton) (Appendix 3(a)) - as revised by City Council;

b.         Part of 777 Victoria Park Avenue (Victoria Park Station) (Appendix 3(b));

c.         40 St. Clair Avenue East (Appendix 3(c));

d.         1303 Queen Street West (Appendix 3(d)).

 

4.         City Council declare 3326 Bloor Street West and part of 1226 Islington Avenue (Bloor/Islington) surplus, as set out in Appendix 4 of the report, subject to the retention of Required Interests, with the intended method of disposal to be by way of a Transfer of Parts 1-8 on Sketch PS-2007-048  and Turnover of Part  1 on Sketch PS-2007-034 to Build Toronto, on an “as is” basis, for nominal consideration (with Build Toronto to pay any applicable land transfer tax, GST, registration and other costs) and that the Transfer and Turnover agreements respectively include the proviso that the lands are to be developed to include a significant commercial component.

 

5.         All operating costs for and revenues generated from properties transferred to Build Toronto will be assumed by Build Toronto and any agency, board, commission and division (ABCD) budgets impacted by such arrangements will have appropriate adjustments made as part of the annual budget process, with the intent to make the ABCD whole.

 

6.         The proposed disposition of each property described in Recommendations 2, 3 and 4 of the report (individually, a “Property” and collectively, the “Properties”) be exempt from:

 

a.         the Property Management Committee (“PMC”) process; and

b.         the policy governing Proceeds from Sale of Surplus City Owned Real Property (“Proceeds Policy”).

 

7          In lieu of applying the Housing First Policy, the Deputy City Manager responsible for the Affordable Housing Office negotiate with Build Toronto the number of affordable housing units and other opportunities for the delivery of affordable housing that Build Toronto may be required to provide on Properties with residential potential.

 

8.         All steps necessary to comply with the City’s real estate disposal process, as set out in Chapter 213 of the City of Toronto Municipal Code, be taken.

 

9.         The PMC process, the Proceeds Policy, the Housing First Policy and other affected City real estate policies and processes be amended to accord with the Principles, as same may be amended by Council from time to time.

 

10.       City Council approve, as the approving authority under the provisions of the Expropriations Act, the disposal to Build Toronto of any property that was acquired by expropriation without giving the original owner from whom the property was expropriated the first chance to repurchase the property.

 

11.       At such time as a property that is to be made available to Build Toronto is no longer being utilized by the Toronto Parking Authority for parking purposes, any prior designation of such property for parking by the Toronto Parking Authority, be rescinded.

 

12.       City Council request the Toronto Transit Commission ("TTC") to concur that those properties registered in the name of TTC (having been identified by TTC as no longer required for its operations, and having been determined by the CCO to be appropriate for Sale or Turnover to Build Toronto) be made available to Build Toronto, in the same manner as properties registered in the name of the City, subject to approval and execution by the TTC of a Sale or Turnover Agreement acceptable to the TTC.

 

13.       City Council request the Toronto Public Library Board (“TPLB”) to concur that those properties registered in the name of TPLB (having been identified by TPLB as no longer required for its operations, and having been determined by the CCO to be appropriate for Sale or Turnover to Build Toronto) be made available to Build Toronto, in the same manner as properties registered in the name of the City, subject to approval and execution by the TPLB of a Sale or Turnover Agreement acceptable to the TPLB.

 

14.       City Council authorize the Chief Corporate Officer to amend the method of disposal of any property that has been declared surplus for the purpose of Sale or Turnover to Build Toronto, and to rescind the declaration of surplus in respect of those properties determined not to be appropriate for Build Toronto.

 

15.       City Council relieve TEDCO of its obligation to pay to the City the Agreed Property Value of $13,000,000 provided for in the agreement between TEDCO and the City dated December, 2007 in respect of the transfer to TEDCO of the Midland/St. Clair property, TEDCO be requested to assign to Build Toronto all of its entitlements to and in respect of the Midland/St. Clair property and the relevant transaction documents be amended accordingly.

 

16.       City Council authorize the Chief Corporate Officer to:

 

a.         provide Build Toronto with any existing documentation with respect to properties being considered for Sale or Turnover to Build Toronto;

b.         give Build Toronto, its consultants and agents access to such properties for pre-development/development work, including site inspection, testing, preparation and/or remediation, and to approve and execute any entry or similar agreement on behalf of the City; and

c.         give permission to Build Toronto to begin publicly marketing re-development of such properties.

 

17.       City Council grant authority for the City, in its capacity as land owner only (and not in its capacity as a planning/regulatory authority) to consent to the submission by Build Toronto of applications and documents required in connection with any regulatory approvals in respect of properties that have been declared surplus for the purpose of Sale or Turnover to Build Toronto and each of the CCO and the Director of Real Estate Services be authorized severally to execute any documents required in this regard.

 

18.       City Council grant authority for the City, in its capacity as land owner only (and not in its capacity as a regulatory authority) to consent to the submission by Build Toronto of any documents within the Ministry of Environment’s process under the Environmental Protection Act, including Pre-Submission Forms and Records of Site Conditions, in respect of properties that have been declared surplus for the purpose of Sale or Turnover to Build Toronto, and each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute any documents required in this regard.

 

19.       City Council amend City of Toronto Municipal Code, Chapter 213, Sale of Real Property, as set out in the draft Bill in Appendix 5 of the report.

 

20.       Prior to the declaration of surplus of any additional property with the intended manner of disposal to be by way of turnover or sale to Build Toronto, there be prior consultation with the local Councillor(s) on local considerations.

 

21.       City Council request the Deputy City Manager to prioritize the co-ordination of City Incentives and Federal/Provincial affordable housing funding to capitalize and maximize housing opportunities on Build Toronto residential sites. 

 

22.       City Council direct the Chief Corporate Officer to invite Build Toronto to develop options for the property identified as "5151 Yonge Street, 10 Empress Avenue, and the south side of Kingsdale Avenue" in consultation with the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the Toronto Parking Authority, the Executive Director, Facilities and Real Estate, the local Councillor and (as appropriate) third parties, and give the public notice that this process is being undertaken.

 

23.       City Council request the City Manager to ensure that agencies, boards, commissions and divisions have input into operational design considerations in transfer agreements with Build Toronto.

 

23.       City Council request the Chief Corporate Officer to review whether portions of the Allen Road, including any transit facilities, between Eglinton Avenue West and Lawrence Avenue West, could be made available to Build Toronto.

 

24.       City Council request the Toronto Transit Commission to forward a copy of the Zeidler Partnership Architects proposal which was presented to the Commission respecting "Decking Over the Allen Road" to Build Toronto for review and consideration.

 

25.       City Council request Build Toronto to consult with the local Councillor(s) in planning the development of the properties declared surplus by this Item.

 

26.       City Council authorize and direct the appropriate City officials to introduce in Council any Bills necessary to give effect to the foregoing.

Motion 2a - That Council adopt the following Recommendations 1 and 3 contained in the report (May 19, 2009) from the City Manager [EX32.5a]:

 

1.         EX32.5 be amended by deleting Appendix 2(k), 150 Symes Road – Ward 11, and replacing it with the revised Appendix 2(k) attached as an Appendix to this report.

 

3.         The City Manager ensure that ABCDs have input into operational design considerations in transfer agreements with Build Toronto.

Motion 3a - That Recommendation 5 of the Executive Committee be amended by adding the following words "with the intent to make the ABCD whole" so that Recommendation 5 reads as follows:

 

5.         all operating costs for and revenues generated from properties transferred to Build Toronto will be assumed by Build Toronto and any ABCD budgets impacted by such arrangements will have appropriate adjustments made as part of the annual budget process, with the intent to make the ABCD whole.

Motion 3b - That Recommendation 12 of the Executive Committee  be amended by adding the words "subject to approval and execution by the TTC of a Sale or Turnover Agreement acceptable to the TTC", so that Recommendation 12 reads as follows:

 

12.       Toronto Transit Commission ("TTC") be requested to concur that those properties registered in the name of TTC (having been identified by TTC as no longer required for its operations, and having been determined by the CCO to be appropriate for Sale or Turnover to Build Toronto) be made available to Build Toronto, in the same manner as properties registered in the name of the City, subject to approval and execution by the TTC of a Sale or Turnover Agreement acceptable to the TTC.

Motion 3c - That Recommendation 13 of the Executive Committee  be amended by adding the following words "subject to approval and execution by the TPLB of a Sale or Turnover Agreement acceptable to the TPLB", so that Recommendation 13 reads as follows:

 

13.       Toronto Public Library Board (“TPLB”) be requested to concur that those properties registered in the name of TPLB (having been identified by TPLB as no longer required for its operations, and having been determined by the CCO to be appropriate for Sale or Turnover to Build Toronto) be made available to Build Toronto, in the same manner as properties registered in the name of the City, subject to approval and execution by the TPLB of a Sale or Turnover Agreement acceptable to the TPLB.

Motion 4 - That:

 

1.         The Chief Corporate Officer be requested to review whether portions of the Allen Road, including any transit facilities, between Eglinton Avenue West and Lawrence Avenue West, could be made available to Build Toronto.

 

2.         The Toronto Transit Commission be requested to forward a copy of the Zeidler Partnership Architects proposal which was presented to the Commission respecting "Decking Over the Allen Road" to Build Toronto for review and consideration.

Motion 5 - That:

 

1.         Recommendation 3e of the Executive Committee be deleted.

 

2.         The following new Recommendation 22 be added, and the existing Recommendation 22 be renumbered accordingly:

 

The Chief Corporate Officer be directed to invite Build Toronto to develop options for the property identified as "5151 Yonge Street, 10 Empress Avenue, and the south side of Kingsdale Avenue" in consultation with the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the Toronto Parking Authority, the Executive Director, Facilities and Real Estate, the local Councillor and (as appropriate) third parties, and give the public notice that this process is being undertaken.

Motion 6 - That Recommendation 4 of the Executive Committee be amended by adding the words "and that the Transfer and Turnover agreements respectively include the proviso that the lands are to be developed to include a significant commercial component" so that Recommendation 4 now reads as follows:

 

4.         3326 Bloor Street West and part of 1226 Islington Avenue (Bloor/Islington) be declared surplus, as set out in Appendix 4 of the report, subject to the retention of Required Interests, with the intended method of disposal to be by way of a Transfer of Parts 1-8 on Sketch PS-2007-048 and Turnover of Part 1 on Sketch PS-2007-034 to Build Toronto, on an “as is” basis, for nominal consideration (with Build Toronto to pay any applicable land transfer tax, GST, registration and other costs) and that the Transfer and Turnover agreements respectively include the proviso that the lands are to be developed to include a significant commercial component.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council request the General Managers of the Parks, Forestry and Recreation and Transportation Services Divisions to implement the accelerated small engine equipment replacement strategy outlined in the report (April 20, 2009) from Deputy City Manager Richard Butts, and according to the timeline in Appendix 2 of the report.

 

2.         The additional operating funds required to implement Part 1 above be included for consideration in the Parks, Forestry and Recreation Division’s 2010 operating budget submission.

 

3.         City Council request the General Managers of the Parks, Forestry and Recreation and Transportation Services Divisions, in consultation with the Director of the Purchasing and Materials Management Division, to develop small engine equipment (non/off road small spark ignition engine, under 19 kW) purchasing specifications that take into consideration the following:

 

i.          all new small engine equipment purchased by the City should meet or exceed, where applicable, the current phase small engine emission standards of Environment Canada or the US Environmental Protection Agency (EPA), whichever is more stringent;

ii.          all City contracts for outside work should specify that small engine equipment meets or exceeds, where applicable, the current phase small engine emission standards of Environment Canada or the US EPA, whichever is more stringent, or that the bidder or proponent have a plan in place prior to award of contract, to replace non-compliant current small engine emission equipment during the contract duration and use cleaner alternatives that meet or exceed the Environment Canada or US EPA standard, whichever is more stringent.

 

4.         City Council authorize the General Managers of the Parks, Forestry and Recreation and Transportation Services Divisions to donate retired small engine equipment that would normally go to auction to the Clean Air Foundation and the Recycling Council of Ontario for environmentally responsible disposal.

 

5.         City Council request the General Manager of the Parks, Forestry and Recreation Division to continue to refine park design and maintenance standards and alternative landscaping practices to reduce the use of small engine equipment in operations.

 

6.        The Mayor, on behalf of City Council, request the Minister of Environment Canada and the Director General, Legislative and Regulatory Affairs, Environment Canada, to review existing standards under the Canadian Environmental Protection Act for the import of small engine equipment to ensure that all Canadian standards meet or exceed the US EPA standards and that all individual products imported into Canada meet the minimum emission standard of the US EPA.

 

7.         City Council request the Director, Toronto Environment Office, to work with other City Divisions and Agencies, Boards and Commissions that use small engine equipment to ensure that emission reduction strategies are developed and implemented.

 

i.          The Director, Toronto Environment Office, report back to the Executive Committee in 2009 on the number of two-stroke engines used by City Agencies, Boards, Commissions and Corporations, and report on their plans for phase out of old two-stroke engine technology by staff and contractors.

 

8.         City Council request the Director, Toronto Environment Office, in consultation with the Medical Officer of Health, to develop and implement an education campaign for the general public, businesses and other institutions with the goal of reducing use of polluting, inefficient small engine equipment and raising awareness of the negative environmental impacts of older equipment and benefits of alternative technologies and practices.

 

9.         City Council authorize the Director, Toronto Environment Office, to partner with the Clean Air Foundation and deliver the “Mow Down Pollution” program at Councillor Environment Days beginning September 2009, providing for responsible disposal of polluting small engine equipment and incentives to purchase greener alternatives.

 

10.       City Council request the Director, Toronto Environment Office, to undertake a public engagement process with representatives of landscape and yard maintenance businesses, other interested stakeholders and members of the general public regarding additional options and measures to advance the phase out of older inefficient small engine equipment and report back in 2009.

 

11.       City Council request staff to consult with members of Council who so request, on a Ward specific basis, in formulating an alternative landscaping regime for park areas in their Wards.

 

12.       The policies that govern the purchase of premium oil and gasoline directly from retailers be reviewed and approved by the Acting Director, Purchasing and Materials Management and the Director of Fleet Services prior to being implemented.

 

13.        The small engine equipment strategy be reviewed in 2012 and at that time, Council consider the need for a general prohibition for two stroke engines.

 

14.       There be a greater focus on the mow down pollution buy back incentive at the point of purchase.

Motion 1b - That Recommendation 1 of the Executive Committee be amended to read as follows:

 

1.          The General Managers of Parks, Forestry and Recreation and Transportation Services be requested to implement the accelerated small engine equipment replacement strategy outlined in the report (April 20, 2009) from Deputy City Manager, Richard Butts, and this implementation be completed in 2010.

Motion 1c - That Recommendation 6 of the Executive Committee be amended to read as follows:

 

6.         The Mayor, on behalf of City Council, request the Minister of Environment Canada and the Director General, Legislative and Regulatory Affairs, Environment Canada, to review existing standards under the Canadian Environmental Protection Act for the import of small engine equipment to ensure that all Canadian standards meet or exceed the US EPA standards and that all individual products imported into Canada meet the minimum emission standard of the US EPA.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

 1.        City Council amend By-law 25-85 of the former Municipality of Metropolitan Toronto, respecting the management of Exhibition Place, to replace the current offence provision in the by-law with an updated provision satisfactory to the Ministry of the Attorney General for Ontario, substantially in the form set out in the City Solicitor’s report dated July 20, 2004 submitted as Attachment 1 to the report (April 17, 2009) from the Chief Executive Officer, Exhibition Place.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council receive the communication from the Toronto Transit Commission.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.        City Council authorize staff to proceed with the Bid process to secure the 2015 World Police and Fire Games for Toronto.

 

2.        City Council endorse Toronto’s bid to host the 2015 World Police and Fire Games and:

 

a.        if the bid is successful, authorize the City Manager to negotiate, approve and execute, on behalf of the City of Toronto, in a form satisfactory to the City Solicitor, an Operating Games Agreement with the World Police and Fire Games Federation and any other relevant partners;

 

b.        that funding for the City of Toronto cash contribution toward the 2015 World Police and Fire Games be considered in the future operating budget processes;

 

c.        authorize the City Manager to pursue firm financial commitments from the Federal Government to invest in the 2015 WPFG; and

 

d.        authorize the City Manager to negotiate, approve and execute, on behalf of the City of Toronto, in a form satisfactory to the City Solicitor, a contribution agreement with Provincial Government for their contribution to the 2015 World Police and Fire Games should the bid be successful. 

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the City of Toronto to renew the Community Policing Partnership (CPP) Agreement with the Province and the Toronto Police Services Board, on terms and conditions substantially similar to those contained in the previous CPP Grant Program Agreement with the Province, subject to approval as to form by the City Solicitor. 

City Council on May 25, 26 and 27, 2009, adopted the following:

 

Contributing to the Economic Recovery - Construction of 362 New Affordable Rental Homes

 

1.         City Council approve the following two new affordable housing projects (the “Projects”) to be funded through the Affordable Housing Program and managed by the Toronto Community Housing Corporation (TCHC):

 

a.         Toronto Community Housing Corporation’s West Don Lands project on Blocks 23 (the McCord site); and

 

b.         Toronto Community Housing Corporation’s Railway Lands project on Block 32 and 36.

 

2.         City Council approve additional funding for the following two previously approved affordable housing projects to be funded through the Affordable Housing Program:

 

a.         Parkdale United Church Foundation Incorporated at 1355 King Street West; and

 

b.         Woodgreen Community Housing Inc. at 270 Donlands Avenue.

 

3.         City Council grant authority to exempt from taxation for municipal and school purposes and waive fees and charges for any affordable units in the TCHC housing projects.

 

4.         City Council authorize the Director, Affordable Housing Office to negotiate municipal housing facility agreements with TCHC.

 

5.         City Council grant authority to designate the TCHC housing projects listed in Part 1 as social housing allowing all or part of the projects relief from normal parking standards.

 

6.         City Council authorize and direct the Director, Affordable Housing Office to enter into and execute, on behalf of the City, any municipal housing facility agreements, any security or financing documents or agreements, and any other documents or agreements required to facilitate the completion of the funding from the Province and required by the housing provider to obtain and maintain its other sources of funding and to approve any changes to the projects that the Director deems to be in the best interest of the City or the Project and on terms and conditions satisfactory to the Director, Affordable Housing Office and in a form approved by the City Solicitor.

  

Finalizing Construction Costs for 239 Affordable Rental Homes

 

7.         City Council grant authority to provide capital funding of  $150,624 from the Development Charges Reserve Fund and $1,389,376 from the Capital Revolving Fund to Parkdale Activity - Recreation Centre (Toronto), as a grant by way of forgivable loan, to be used to complete construction of the affordable housing project at 194 Dowling Avenue.

 

8.         City Council grant authority to provide capital funding of $97,475 from the Development Charges Reserve Fund and $577,525 from the Capital Revolving Reserve Fund to St. Clair West Affordable Housing (Ossington) Group Incorporated, as a grant by way of forgivable loan, to be used to complete construction of the affordable housing project at 1120 Ossington Avenue.

 

9.         City Council grant authority to provide capital funding of $497,242 from the Development Charges Reserve Fund and $1,002,758 from the Capital Revolving Reserve Fund to St. Clare’s Multifaith Housing Society, as a grant by way of forgivable loan, to be used to complete construction of the affordable housing project at 48 Abell Avenue (now known by the new municipal address of 180 Sudbury Street).

 

10.       City Council grant authority to assign nine City rent supplements to St. Clair West Affordable Housing (Ossington) Group Incorporated.

 

11.       City Council grant authority for the City to enter into an amendment of the Contribution Agreements with Parkdale Activity - Recreation Centre (Toronto), St. Clair West Affordable Housing (Ossington) Group Incorporated, and St. Clare’s Multifaith Housing Society to include the increased funding, on terms and conditions satisfactory to the Director and in a form approved by the City Solicitor.

 

12.       The 2009 Approved Operating Budget for Shelter, Support and Housing Administration be increased by $3,715,000.00 gross $0 net to provide additional funding for the three affordable housing developments located at: 194 Dowling Avenue, 1120 Ossington Avenue and 180 Sudbury Street.

 

13.       City Council authorize and direct the Director of the Affordable Housing Office, on behalf of the City, to execute the amending agreements and any other documentation to give effect to these recommendations.

 

Economic Stimulus Funding Investments in Social Housing Renovation and Retrofit

 

14.       City Council approve the social housing renovation and retrofit projects, as outlined in Revised Appendices A and B, as the City’s initial request to the Province for funding under the Federal/Provincial Economic Stimulus Program for Social Housing Renovation and Retrofit.

 

15.       Should any or all of the projects outlined in Revised Appendices A and B be approved for funding by the Province:

 

a.         City Council approve the acceptance of up to $195,725,002 from the Province as a one time capital allocation for renovation and retrofit of the social housing stock, plus any additional administrative funding provided by the Province to deliver the program;

 

b.         the General Manager, Shelter, Support and Housing Administration, or designate, in consultation with the City Solicitor, be authorized to enter into a funding or similar agreement with the Ministry of Municipal Affairs and Housing or related entity for social housing renovation and retrofit funding;

 

c.         the 2009 Approved Operating Budget for Shelter, Support and Housing Administration be increased by a maximum of $195,725,002 gross, plus any additional administrative funding provided by the Province to deliver the program, and $0 net, with spending conditional on receiving provincial funding;

 

d.         the General Manager, Shelter, Support and Housing Administration, be authorized to enter into agreements with other City divisions, non-profit and cooperative housing provider agencies, and/or private sector organizations to deliver the approved projects in line with the terms and conditions of the agreement;

 

e.         the General Manager, Shelter, Support and Housing Administration, report to Budget Committee with details of any additional projects and final provincial approvals for the Social Housing Renovation and Retrofit Program in September 2009; and

 

f.          based upon a finalized funding or similar agreement with the Ministry of Municipal Affairs and Housing or related entity, the General Manager, Shelter, Support and Housing Administration, or designate, be authorized to undertake whatever additional measures are necessary to deliver the Social Housing Renovation and Retrofit Program, in accordance with the agreement.

 

16.       City Council authorize the General Manager, Shelter, Support and Housing Administration, to report directly to the next meeting of Council if new information concerning social housing renovation and retrofit funding becomes available.

 

17.       In the event that additional information regarding subsequent phases of funding is not available prior to the next meeting of Council and the Ministry of Municipal Affairs and Housing makes further social housing renovation and retrofit funding available prior to the next Council cycle in September 2009, the City Manager, in consultation with the General Manager, Shelter, Support and Housing Administration, be authorized to submit additional projects on behalf of City Council, accept additional federal/provincial funding and allocate funding to non-profit and cooperative housing providers, and to enter into any necessary agreements to give effect thereto.

 

18.       City Council request the General Manager, Shelter, Support and Housing Administration to report back to the Community Development and Recreation Committee for information on the funding approved by the Province.

 

General

 

19.       City Council:

 

              a.       request Deputy City Manager Sue Corke to include the property at 1135 Dundas Street East on the list of potential new affordable housing initiatives, subject to its acquisition from the Toronto District School Board;

 

              b.       instruct the Executive Director, Facilities and Real Estate to work with the Toronto District School Board and the Toronto Lands Corporation to acquire the property; and

 

              c.       request Deputy City Manager Sue Corke and the Executive Director, Facilities and Real Estate to submit a report on this matter to the Affordable Housing Committee.

 

20.       City Council direct the General Manager, Shelter, Support and Housing Administration to review the Ward number references contained in Appendix A appended to the report (May 22, 2009) from the General Manager, Shelter, Support and Housing Administration to ensure that the Ward numbers are accurate and, if necessary, provide a revised list to the City Clerk.

Motion 1 - That Council adopt the recommendations contained in the following:

 

1.         transmittal (May 20, 2009) from the Affordable Housing Committee [EX32.12a], respecting the Construction of 362 New Affordable Rental Homes;

 

2.         transmittal (May 20, 2009) from the Affordable Housing Committee [EX32.12b], respecting Construction Costs for 239 Affordable Rental Homes; and

 

3.         report (May 22, 2009) from the General Manager, Shelter, Support and Housing Administration [EX32.12c], respecting Investments in Social Housing Renovation and Retrofit.

Motion 4 - That:

 

1.         Deputy City Manager Sue Corke be requested to include the property at 1135 Dundas Street East on the list of potential new affordable housing initiatives, subject to its acquisition from the Toronto District School Board;

 

2.          the Executive Director, Facilities and Real Estate be instructed to work with the Toronto District School Board and the Toronto Lands Corporation to acquire the property; and

 

3.         Deputy City Manager Sue Corke and the Executive Director, Facilities and Real Estate be requested to submit a report on this matter to the Affordable Housing Committee.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enter into agreements totalling $3,255,327.00 with the Toronto Foundation for Student Success ($2,800,954.90) and the Angel Foundation for Learning ($454,372.10) to administer the Community Partnership and Investment Program funding to eligible student nutrition programs across the City of Toronto.

 

2.         City Council grant authority to the Medical Officer of Health to take the necessary action to give effect to Part 1 above, including the execution of agreements with the Toronto Foundation for Student Success and the Angel Foundation for Learning on behalf of the City.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize staff in Toronto Fire Services and Toronto Emergency Medical Services and the City Solicitor’s Office to negotiate and enter into a Sole Source agreement with Motorola Canada Ltd. for the supply of Public Safety tier two-way radio equipment, accessories, parts and services from the date of award to August 31, 2012 in the estimated amount of $4,478,524.90 net of GST.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council approve a grant of up to $10,000 to the Tenants’ Association of 50 Rosehill Avenue (Balfour Square) from the 2009 Tenant Support Grants Program to assist the tenants towards any payment of costs which may be awarded against the tenants should the tenant defence against the landlord’s appeal not be successful.

 

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to take any actions necessary to implement Council’s approval.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council allocate Graffiti Transformation Investment Program funding totalling $347,000.00 to 20 community organizations as outlined in Appendices “A” and “B” of this report.

 

2.         City Council reclassify the Graffiti Transformation Investment Program as a Partnership program within CPIP to reflect the ongoing nature of the funding recommended to community-based organizations.

 

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         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 owner, Morguard Realty Holding Inc., c/o Morguard Investments Limited, of the property located at 20 Lesmill Road in respect of approximately 27,577 square feet of rentable area leased by the City of Toronto; and

 

b.         exempt the leased space from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of the following dates: the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

 

2.         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.

 

3.           City Council grant authority for the introduction of the necessary bills to give effect thereto.

 

4.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.          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 owner, Century Standard Development Corp., of the property located at 1118 Finch Avenue West in respect of approximately 11,483 square feet of rentable area leased by the City of Toronto; and

 

b.         exempt the leased space from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of the following dates: the date the municipal capital facility agreement is signed; or the date the tax exemption by-law is enacted.

 

2.         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.

 

3.          City Council grant authority for the introduction of the necessary bills to give effect thereto.

 

4.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council exempt from taxation for municipal purposes the portion of the land and building leased and occupied by Master’s College and Seminary at 3080 Yonge Street, beginning January 1, 2008 and continuing to July 31, 2013, provided the following conditions continue to be met:

 

a.         the specified property is occupied and used solely for the purposes of Master’s College and Seminary; and

 

b.         Master’s College and Seminary is a registered charity within the meaning of the Income Tax Act (Canada).

 

2.         City Council cancel taxes for municipal purposes, including interest and penalties for the period from August 1, 2003 to December 31, 2007, for the portion of the land and building occupied by Master’s College and Seminary, located at 3080 Yonge Street, provided that Master’s College and Seminary undertakes in writing to repay to the City charity tax rebates in the amount of $171,159 that it has received for the subject premises for the period from August 1, 2003 to December 31, 2007.

 

3.         City Council direct the City Clerk to notify the Minister of  Finance of Council’s actions with respect to the recommended exemption and cancellation of taxes for Master’s College and Seminary, for the purposes of ensuring that the exemptions and cancellations in respect of school taxes required by the Master’s College and Seminary Act, 2008 are implemented.

 

4.          City Council grant authority for the introduction of the necessary bill to give effect thereto.

 

5.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize entering into a Lease Extension and Amending Agreement with 1615067 Ontario Ltd. (o/a C.P. Auto Body and Mechanic) (the “Tenant”), to use and occupy approximately 24,763 square feet of vacant land adjacent to 25 Cariboo Avenue, (the “Rentable Area”), substantially on the terms and conditions as set out in Appendix “A” and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

 

2.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Extension and Amending Agreement, 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 matters (including their content) to City Council for its determination and direction.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize entering into a Lease Extension and Amending Agreement with Cypec Holdings Inc. (the “Tenant”), to use and occupy approximately 6,418 square feet of vacant land adjacent to 36 Cariboo Avenue, (the “Rentable Area”), substantially on the terms and conditions as set out in Appendix “A” and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form and content acceptable to the City Solicitor.

 

2.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Extension and Amending Agreement, 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 matters (including their content) to City Council for its determination and direction.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council, pursuant to the existing agreement under section 30 of the Expropriations Act (the “Section 30 Agreement”) between the City and 863880 Ontario Limited (“863880”) for certain lands (the “Lands”) on the west side of Strachan Avenue, exercise its option to extend the closing date from October 31, 2009 to February 28, 2012, in a form satisfactory to the City Solicitor.

 

2.         City Council authorize the Director of Real Estate to undertake discussions with 863880 to unwind the existing Section 30 Agreement and report back to Council when the necessary lands from 863880 for local road purposes are secured at no cost to the City.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the renewal of  the lease with Brian Jacobsen (the “Tenant”), at 411 Victoria Park Avenue (the “Premises”) for a one year term  substantially on the terms and conditions outlined in Appendix “A”, together with such other terms and conditions deemed appropriate by the Chief Corporate Officer and in form satisfactory to the City Solicitor.

 

2.         City Council authorize the Chief Corporate Officer to administer and manage the lease renewal agreement, 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 matters (including their content) to City Council for its determination and direction.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council authorize the Chief Corporate Officer to enter into a Lease Agreement with Toronto Hydro Energy Services (the “Tenant”), subject to the execution of the Energy Services Agreement between Toronto Water and TH Energy, to use and occupy approximately 29,200 square feet of  land at 7 Leslie Street, (the “Rentable Area”), substantively on the terms and conditions set out in Appendix “A”, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

 

2.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City as Landlord any submission of applications required to be submitted by TH Energy for land use approvals.

 

3.         City Council authorize the Chief Corporate Officer to provide consent on behalf of the City to the submission of any applications for required environmental approvals to the Ontario Ministry of Environment.

 

4.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Agreement, 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 matters (including their content) to City Council for its determination and direction.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council grant the City Manager standing authority to:

 

a.         provide approvals to others to use the City’s intellectual property in situations where the intended use is not for commercial purposes or there is insignificant commercial value to the use;

 

b.         where required, and when such approval has no significant effect on the value of the City’s intellectual property, provide approvals to others to register trade-marks similar to official marks already registered on behalf of the City and to provide similar approvals for other forms of the City’s intellectual property;

 

c.         impose such terms and conditions on the uses as outlined in "a" and "b" as the City Manager considers appropriate;

 

d.         delegate the authority to manage specific aspects of intellectual property to City staff as the City Manager deems appropriate; and

 

e.         take action as the City Manager considers appropriate to protect the City’s intellectual property; this would include requesting the City Solicitor to take any necessary legal action and to instruct the Solicitor in the conduct of such action.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council renew the following City insurance policies effective June 1, 2009 for a policy period of twelve months, as outlined below in Table 1, plus applicable provincial taxes (and as detailed in Attachment 1).

 

                                                   Table 1 - Renewal Insurance Policies

Insurance Policy	Renewal Premium ($’s) 12 Months Policy Term June 1, 2009to June 1, 2010
Primary Liability:
Comprehensive General Liability	90,000
Public Officials E &O	90,000
Automobile	200,000
Garage Automobile	14,500
Medical Malpractice Liability	180,000
Primary subtotal	574,500
Umbrella & Excess Liability
Primary Umbrella	850,000
1st Excess Liability	589,500
2nd Excess Liability	136,575
3rd Excess Liability	236,250
4th Excess Liability	133,875
5th Excess Liability	122,400
Umbrella & Excess subtotal	2,068,600
Other Policies:
Property	2,469,914
Boiler & Machinery	206,854
Crime	78,077
Aviation	24,390
Fiduciary Liability	55,575
Home Day Care Liability	50,000
Marine	203,370
Other Policies subtotal	3,088,180
TOTAL:	5,731,280

 

2.         City Council delegate authority to the Deputy City Manager and Chief Financial Officer to renew the City's program of property and casualty insurance on an annual basis provided that, in the opinion of the Deputy City Manager and Chief Financial Officer, the terms, conditions, limits, and deductibles are substantially the same as are recommended in this report and the premiums are competitive based on insurance markets.

 

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council increase the Information and Technology’s 2009 Approved Capital Budget by $7,015,089, funded from the Information and Technology Equipment Reserve.

 

2.         City Council direct the Chief Information Officer to report to Budget Committee prior to the 2010 capital budget process to identify under-spending in his 2009 Approved Capital Budget in order to replenish the Information and Technology Equipment Reserve, where possible and/or identify changes to the Five Year Capital Plan.

 

3.         City Council approve the sole source purchase of $7,015,089 net of GST in SAP licenses and 2009 maintenance fees to SAP Canada Inc.

 

4.         City Council accommodate SAP Canada Inc.’s request to protect its competitive interests by not releasing the details identified in Confidential Attachment 1.

 

Confidential Attachment 1 to the report (May 6, 2009) from the Chief Information Officer, Information and Technology, and the Acting Director, Purchasing and Materials Management, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of the property of the municipality or local board.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.          City Council amend Chapter 553 of the Toronto Municipal Code, Lottery Licensing to reflect:

 

              a.       the new Order-in-Council 1413/08 which clarifies the respective roles and responsibilities of the AGCO and municipalities in issuing lottery licences;

 

              b.       the transfer of delegated responsibilities from a Director in the City Clerk’s Division to the City Clerk for duties under Chapter 553 of the Toronto Municipal Code;

 

              c.       the provision to permit the City Clerk to waive administration fees under extenuating circumstances beyond the control of the licensee (e.g. cancellation of events due to weather conditions); and

 

              d.       the payment of the fees when an application is submitted rather than when the licence or authorization is issued.

 

2.         City Council authorize and direct the appropriate City officials to take whatever action is deemed necessary to implement the foregoing, including the introduction in Council of a bill substantially in the form of Appendix B.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council grant authority to the Medical Officer of Health to extend and increase current sole source contract 47012030 with Loblaw Companies Limited, for the purchase of food certificates, under the same terms and conditions, for the period June 1, 2009 to May 31, 2011 by a total estimated amount of $850,000.00, revising the current contract value from $948,000.00 to $1,798,000.00, taxes not applicable.

 

2.         City Council authorize the Medical Officer of Health to award, amend and execute, on an ongoing basis, the purchase of goods agreement for the purchase of food certificates from any major grocery chain that has at least twenty stores in Toronto,  within the approved budget and in accordance with established terms and conditions.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council, subject to authorizing the permanent closure of the public lane, being the unnamed lane on Plan 60 (aka Barnaby Place) north of Elm Street, abutting Lot 25 and shown as Part 1 on Sketch No. PS-2008-133 (the “Lane”), the City of Toronto enter into an Agreement of Purchase and Sale with the adjoining owner, the Hospital for Sick Children (“HSC”), for the sale of the Lane, in the amount of $900,000.00, substantially on the terms and conditions outlined in Appendix “A” to this report.

 

2.         City Council make a grant to the Hospital for Sick Children of $900,000.00 in accordance with section 83 of the City of Toronto Act, 2006 as HSC 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, satisfactory to the City Solicitor, which requires HSC 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 HSC's adjoining properties on either side of the Lane are not re-developed 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 deem appropriate.

 

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

 

4.         City Council grant a permanent easement to Enwave Energy Corporation (“Enwave”) and to any other affected utility companies, for nominal consideration, prior to the completion of the sale to HSC on terms and conditions satisfactory to the City in consultation with Enwave and any other affected utility companies.

 

5.         City Council grant authority 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.         City Council authorize the City Solicitor 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.

Motion 1 - That the following Recommendations 2 and 3 be added and the remaining Recommendations renumbered accordingly:

 

2.         City Council make a grant to the Hospital for Sick Children of $900,000.00 in accordance with section 83 of the City of Toronto Act, 2006 as HSC 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, satisfactory to the City Solicitor, which requires HSC 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 HSC's adjoining properties on either side of the Lane are not re-developed 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 deem appropriate.

 

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

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council adopt the proposed by-law amendments to Toronto Municipal Code Chapter 629, Property Standards, substantially as in Appendix A of the report (April 27, 2009) from the Executive Director, Municipal Licensing and Standards.

 

2.         The by-law shall apply to mercantile occupancies over 3,230 square feet that are required by the Ontario Building Code to provide public washrooms for the use of their customers.

 

3.         The retail occupancy shall ensure that those washrooms are available for the use of their customers at all times that the mercantile occupancy is open for business.

 

4.         Each mercantile occupancy which is required by this by-law to provide washroom access to its customers shall display a sign indicating that such washroom access is available.

 

5.         Each sign shall:

 

a.         be deployed in a prominent manner so that its is plainly readable by any customer; and

 

b.         be in a form and of a size approved by the Executive Director, Municipal Licensing and Standards, or his designate.

 

6.         The signage provisions in the draft by-law be amended to add the words "or such other signage that incorporates the universal male and female symbols for washrooms and is to the satisfaction of the Executive Director, Municipal Licensing and Standards".

 

7.          City Council direct that commercial occupancies be notified of the requirements of this by-law through their business licence renewal notification.

 

8.         City Council direct the City Solicitor to prepare the necessary bill to give effect to any recommendations adopted by Council.

 

9.         City Council refer the following motion to the Toronto Transit Commission for consideration:

 

             Moved by Councillor Stintz:

 

That the Executive Director, Municipal Licensing and Standards be directed not to enforce these by-law amendments until such time as the Toronto Transit Commission has made its washrooms, located along the subway lines, available to the public.

 

10.       City Council authorize and direct City staff to take any other action necessary to implement the by-law amendments.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council request GO Transit to accelerate its plans for electrification of its rail network, particularly the Georgetown line.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         Council amend the Official Plan substantially in accordance with the draft official plan amendment attached as Attachment 1 to the report (April 24, 2009) from the Chief Planner and Executive Director, City Planning.

 

2.         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 refer the communication (May 11, 2009) from Kim M. Kovar, Aird and Berlis LLP [PG25.2.3] and the responses filed by Councillor Moscoe [PG25.2.9] to the Chief Planner and Executive Director, City Planning, with a request that he report in consultation with the General Manager, Economic Development, and the City Solicitor,  to the North York Community Council and the Planning and Growth Management Committee on the interpretation of the Official Plan for employment districts as it applies to 1100-1150 Caledonia Road.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enact the draft Green Roof By-law attached as Attachment A to the report (May 22, 2009) from the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building, such draft by-law being in accordance with the following recommendations of the Planning and Growth Management Committee and in accordance with the recommended actions of the aforementioned May 22, 2009 report with respect to outdoor amenity space and exemptions for complete site plan applications:

 

            The Planning and Growth Management Committee recommended that:

 

1.         The Draft By-law attached as Attachment 1 to the report from the Chief Building Official and Executive Director, Toronto Building and Chief Planner and Executive Director, City Planning dated March 27, 2009 be amended to provide that:

 

a.         industrial buildings are required to include a green roof equal to 10% of the available roof space to a maximum of 2,000m2 to become effective as of January 31, 2011;

 

b.         non-profit housing is subject to the same requirements as other residential buildings governed by the proposed by-law;

 

c.         separate and public schools are subject to the same requirements as non-residential buildings;

 

d.         coverage and threshold requirements include new developments with a gross floor area between 2,000m2 and 4,999m2 which would be required to provide a minimum coverage of 20% of the available roof space;

 

e.         minimum height requirements for residential buildings include new developments with a height greater than 6 storeys or 20 metres; and

 

f.          the exemption for non-vegetative border from the calculation of available roof space is removed.

 

2.         City Council amend the City of Toronto Municipal Code substantially in accordance with the draft by-law attached as Attachment 1 to the report from the Chief Building Official and Chief Planner and Executive Director, City Planning dated March 27, 2009, as amended by Part 1 above, to require the construction of green roofs, such amendment to come into effect on January 31, 2010;

 

3.         City Council amend the City of Toronto Municipal Code substantially in accordance with the draft by‑law attached as Attachment 1 to the report from the Chief Building Official and Chief Planner and Executive Director, City Planning dated March 27, 2009, as amended by Part 1 above, to govern the construction of green roofs, such amendment to come into effect on January 31, 2010.

 

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft by‑law as may be required, in consultation with the Chief Planner and the Chief Building Official.

 

2.         City Council amend the draft Green Roof By-law to exempt all complete site plan applications received prior to January 31, 2010 from the green roof requirement of the By-law.

 

3.         City Council direct the Chief Planner Executive Director of the City Planning Division to include a provision in the proposed harmonized Zoning By-law for the City of Toronto to allow 25 percent of any amenity space located on the roof of a building to be utilized as a green roof.

 

4.         City Council amend the draft Green Roof By-law to exclude outdoor amenity space provided on the roof of a residential building from the calculation of available roof space to a maximum of 2m2 per residential unit.

 

5.         City Council request that the Province amend Section 108 of the City of Toronto Act, 2006 ("COTA"), to provide additional authority for the City to require alternatives to green roofs that meet or exceed the objectives of a green roof.

 

6.         City Council delegate authority to the Chief Planner and Executive Director, City Planning to approve variances to the Green Roof By-law subject to notification of the local Councillor(s).

 

7.         City Council authorize that cash in-lieu of a green roof required under the Green Roof By‑law be directed to the Eco‑Roof Incentive Program to be used to green roofs on existing buildings.

 

8.         City Council request the Province to amend the regulation under the Building Code Act, 1992 to include as applicable law a by-law made under section 108 of the City of Toronto Act, 2006, and that the Province make such amendment prior to January 31, 2010 when the by-law contemplated in the report from the Chief Building Official and Chief Planner and Executive Director, City Planning dated March 27, 2009, as amended by Part 1 above, will come into effect.

 

9.         City Council request that the Province provide additional money under the funding formula for the construction of new schools in Toronto.

 

10.       City Council direct the Chief Planner and Executive Director of City Planning and the Chief Building Official and Executive Director, Toronto Building to undertake a review of the Toronto Green Roof By-law by January 31, 2012.

 

11.       City Council direct the Chief Building Official and Executive Director, Toronto Building to bring forward any proposed technical updates to the Toronto Green Roof Construction Standard following the American National Standards Institute adoption of fire and wind uplift standards and after consultation with the Technical Advisory Group.

 

12.       City Council adopt amendments to Chapter 363 of the Municipal Code to clarify that the building permit classification “Re‑Roofing with structural work, raise roof structure” would also apply to stand alone modifications to create a green roof, such amendment to come into effect upon adoption of the Toronto Green Roof By-law.

 

13.       City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Economic Development, Culture and Tourism, to report solely and before the effective date of the industrial building requirement on an alternate option that would fulfill:

 

a.         the reduction of the urban heat island effect;

b.         the reduction of Green House Gas emissions; and

c.         help with bio-diversity functions/corridors

 

14.       City Council authorize the City Solicitor be authorized to introduce the necessary Bill in Council to give effect thereto.

Motion 1 - That Council adopt the following recommendations contained in the report (May 22, 2009) from the Chief Planner and Executive Director, City Planning and the Chief Building Official and Executive Director, Toronto Building [PW25.3d]:

 

1.         City Council amend the draft Green Roof By-law to exempt all complete site plan applications received prior to January 31, 2010 from the green roof requirement of the By-law.

 

2.         City Council direct the Chief Planner Executive Director of the City Planning Division to include a provision in the proposed harmonized Zoning By-law for the City of Toronto to allow 25 percent of any amenity space located on the roof of a building to be utilized as a green roof.

 

3.         City Council amend the draft Green Roof By-law to exclude outdoor amenity space provided on the roof of a residential building from the calculation of available roof space to a maximum of 2m2 per residential unit.

 

4.         City Council request that the Province amend Section 108 of the City of Toronto Act, 2006 ("COTA"), to provide additional authority for the City to require alternatives to green roofs that meet or exceed the objectives of a green roof.

 

5.         City Council enact the draft Green Roof By-law in accordance with Attachment A such draft by-law being in accordance with the recommendations of the Planning and Growth Management Committee and in accordance with the recommended actions of this report with respect to outdoor amenity space and exemptions for complete site plan applications.

Motion 2 - That Recommendation 5 of the Planning and Growth Management Committee be amended by adding the words "subject to notification of the local Councillor(s)", so that Recommendation 5 now reads as follows:

 

5.        City Council delegate authority to the Chief Planner and Executive Director, City Planning to approve variances to the Green Roof By-law subject to notification of the local Councillor(s).

Motion  4 - That Recommendation 4 of the Planning and Growth Management Committee be amended by adding the words "and for retail, commercial and industrial sectors to include white and solar roofs", so that Recommendation 4 now reads as follows:

 

4.         City Council request that the Province amend Section 108 of the City of Toronto Act, 2006 (COTA), to provide additional authority for the City to require alternatives to green roofs that meet or exceed the objectives of a green roof, and for retail, commercial and industrial sectors to include white and solar roofs.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council adopt the recommendations in Confidential Attachment 1 of the report (April 17, 2009) from the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

2.         City Council authorize the public release of the confidential instructions in Attachment 1, at the end of the Council meeting.

 

The following instructions are now public:

 

1.         City Council authorize the City Solicitor to present the following modifications to Official Plan Amendment No. 38 to the Ontario Municipal Board as a settlement of the appeal by the Building Industry and Land Development Association:

 

             a.        The words in the text of the OPA and identified below in bold italics be deleted:

 

“305.    Areas where Funding of Heritage Conservation District Studies is an Eligible Section 37 Community Benefit.

 

Where Section 37 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, is used in developments within or in close proximity to those specific areas identified on the accompanying maps as Potential Heritage Conservation Districts, cash contributions to fund Heritage Conservation District studies will be eligible as community benefits.  Such contributions will be:

 

a.         subject to all provisions of Section 5.1.1 of this Plan except the requirement that community benefits be capital facilities and/or cash contributions toward specific capital facilities; and

 

b.         used for no purpose other than the Heritage Conservation District studies specified in the relevant Section 37 agreements or such capital facilities as are specified in the relevant Section 37 agreements.

 

One or both of the following criteria must be satisfied in order that a proposed development be considered to be within or in close proximity to a Potential Heritage Conservation District:

 

a.         the proposed development would likely have an impact on the heritage character of the Potential Heritage Conservation District; or

 

b.         the proposed development would benefit from the preservation of the heritage character of the Potential Heritage Conservation District.

 

The accompanying maps show two types of Potential Heritage Conservation Districts: those where studies and study area boundaries have not been authorized by City Council, identified on the accompanying maps by numbers; and those where Council has authorized Heritage Conservation District studies and has approved specific study area boundaries, identified on the accompanying maps by letters.  The boundaries shown for the former type are symbolic and general in nature, and to the extent that the respective text description for a particular District in accompanying Schedule B provides greater specificity regarding the boundaries, the text description will take precedence over the symbolic boundaries.  For the latter type, the specific study area boundaries authorized by Council are shown on the accompanying maps, and no text descriptions are provided.

 

For clarity, funding of Heritage Conservation District studies is not an eligible Section 37 community benefit with respect to developments proposed within the North York Centre, Sheppard East Subway Corridor or Central Finch Area Secondary Plans.

 

Schedules A and B below, and the attached maps, also form part of this policy.”

 

            b.         The text deleted above in Part 1a be replaced by the following:

 

“The former type is symbolic and general in nature and the existence and precise boundaries of a Heritage Conservation District will be determined after completion of a formal Heritage Conservation District study.  Schedule A: List of Potential Heritage Conservation Districts and Schedule B: Descriptions of Potential Heritage Conservation Districts are also general in nature.  For the latter type, the specific study area boundaries authorized by Council are shown on the accompanying maps and no text descriptions are provided.

 

Read together, the maps, the list and the written descriptions serve to help determine whether a proposed development is within or in close proximity to a Potential Heritage Conservation District through the application of the criteria set out above, and thus whether a cash contribution toward a Heritage Conservation District study is an eligible Section 37 community benefit.  They do not serve to determine the outcome of any Heritage Conservation District study or define the precise boundaries of any future Heritage Conservation District.”

 

       c.        In the section of Official Plan Amendment No. 38, entitled “Schedule B: Descriptions of Potential Heritage Conservation Districts”, the wording of each description be modified by inserting the word “Generally” or “generally” in the appropriate location in the last sentence of each description, so as to qualify the description of the boundaries of each Potential Heritage Conservation District.

 

The balance of Confidential Attachment 1 to the report (April 17, 2009) from the Chief Planner and Executive Director, City Planning, and the City Solicitor remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

City Council on May 25, 26 and 27, 2009, adopted the following:

 

1.         City Council enact the By‑law at Attachment 1 of the report (April 20, 2009) from the Chief Planner and Executive Director, City Planning, and the City Solicitor to amend the Municipal Code Chapter 415, Development of Land, to delegate certain powers and authority to the Chief Planner.

 

2.         Prior to the execution of delegated authority under additionally delegated powers granted through this by-law, City Council request the Chief Planner and Executive Director, City Planning to discuss with the respective Councillor the specifics of the matter.

Motion 1 - That prior to the execution of delegated authority under additionally delegated powers granted through this by-law, City Council request the Chief Planner and Executive Director, City Planning to discuss with the respective Councillor the specifics of the matter.