February 22, 2010

Councillor Fletcher, as the Mayor's Designate on the Board of Directors, Toronto Community Housing Corporation, invited Keiko Nakamura, Acting Chief Executive Officer, Toronto Community Housing Corporation, to come forward to advise City Council about the Best International Neighbourhood Renewal Program Award, which was recently presented to TCHC for its Regent Park Revitalization Plan.  Ms. Nakamura advised Council that the revitalization of Regent Park is providing quality and sustainable housing within that community.  The International Journal of Neighbourhood Renewal honoured the TCHC with the award in recognition of the project's focus on community consultation, local job creation, access to opportunities, and the strong partnership between community agencies and government partners.

Speaker Bussin, during the morning session of the meeting, welcomed students from St. Mathew Catholic School, present in the Chamber.

February 23, 2010

Councillor Fletcher announced that the Board of Directors of the Toronto Community Housing Corporation had confirmed the appointment of Keiko Nakamura as Chief Executive Officer, TCHC.  On behalf of City Council, Councillor Fletcher congratulated Ms. Nakamura on her appointment and wished her every success.

Councillor Mihevc, on behalf of Council, extended best wishes to Deputy Mayor Pantalone on the occasion of his birthday.  

Speaker Bussin, during the morning session of the meeting, welcomed students from Western Technical-Commercial High School, present in the Chamber.

Speaker Bussin, during the morning session of the meeting, welcomed two groups of journalism students from Humber College, present in the Chamber.

Speaker Bussin, during the afternoon session of the meeting, welcomed a third group of journalism students from Humber College, present in the Chamber.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council Endorse Transit Vision 2040, as developed by the Canadian Urban Transit Association (CUTA), including its 6 themes as set out in the letter (December 16, 2009) from Councillor Mihevc and 27 Strategic Directions.

2.         City Council seek to align the future vision of public transit services with Transit Vision 2040 and endeavour to reach or exceed performance targets outlined in the Vision.

City Council on February 22 and 23, 2010 received Item EX40.1 for information.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend the Code of Conduct Complaint Protocol for Members of Council, Part B: FORMAL COMPLAINT PROCEDURE, section 1(6) as follows:

             In a municipal election year, a code of conduct complaint respecting a member who is seeking re-election may not be filed with the City Clerk during the period starting on Civic Monday (August 1 in 2010) and ending when a new City Council is deemed organized under section 185 of the City of Toronto Act 2006.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council extend congratulations to the following recipients of City of Toronto Scholarships at the University of Toronto:

Sadia Mahmood: Graduate Scholarship in Women’s Studies

Shannon Black: Undergraduate Scholarship in Women’s Studies

Melissa James: Scholarship in Aboriginal Health

Mary Ann Shoefly-Devries: Scholarship in Aboriginal Health

Amreen Moledina: Graduate Scholarship for Women in Mathematics.

Kathy-Anne Morales: Undergraduate Scholarship in Community Health Nursing

Winnie Wai Ling Sun: Graduate Scholarship in Community Health Nursing.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council donate one ambulance per year between 2010-2013 from Emergency Medical Services (EMS) to the Caravan of Hope, which will transport the vehicle to El Salvador.

2.         City Council direct that EMS permit not-for-profit-organizations the first right to purchase decommissioned surplus ambulances based on fair market appraisal, as determined by the General Manager, Fleet Services.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council adopt the revised terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office, to be applied as the selection criteria for the Eco-Roof Incentive Program.

2.         City Council authorize the Director of the Toronto Environment Office to make future minor refinements to the Eco-Roof Incentive Program and minor amendments to the terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office.

3.         City Council direct that an institutional and commercial construction of less than 2,000 square meters be eligible for funding.

4.         City Council direct that the minimum contract requirement for commercial/institutional and industrial buildings remain at 50 percent.

5.         City Council set aside $100,000 of allocated funding from the Eco-Roof Program to seed fund a research and demonstration project on a new or existing industrial building in order to:

a.         Demonstrate that air conditioning units can operate more efficiently by drawing in the cooler air generated by a green roof given that research has shown that a one degree Celsius reduction in air temperatures entering the unit yields a 1 percent increase in operating efficiency saving energy and money.

b.         Explore the ability of green roofs to be paired with solar Photo Voltaic (PV) panels for increased efficiency of energy production and the most optimum designs for maximum power.  Research in Germany has demonstrated a 5 to 25 percent increase in the efficiency of solar PVs that operate above a cooler green roof.  The two sustainable roof initiatives need to be integrated.

6.         City Council direct that any refinements to the Eco-Roof Incentive Program and amendments to the terms of reference set out in Appendix III of the report (January 18, 2010) from the Director, Toronto Environment Office, be reported, along with an update on the status of the program, in an annual report to the Executive Committee.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize Corporate Finance Division staff to manage, jointly with the appropriate staff from the Region of York, the investment portfolio of the Move Ontario Trust.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate and execute the agreements required with the Region of York and the Move Ontario Trust to implement Recommendation 1. in the report (January 18, 2010) from the Deputy City Manager and Chief Financial Officer, and address the issues as set out in this report on terms and conditions satisfactory to the Deputy City Manager and Chief Financial Officer and the City Solicitor.

3          City Council direct that investment management fees received by the City from the Move Ontario Trust (MOT) be allocated to the City’s non-program interest/investment earnings account.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the sale of the Toronto Hydro Promissory Note to the City’s debt issuance syndicate managers, RBC Dominion, CIBC Capital Markets and Scotia Capital who will place the Note(s) with investors.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate the terms for the sale of the Toronto Hydro Promissory Note with the City’s debt issuance syndicate managers (the “Sales Agreement”), including the pricing of the Note and commission payable based upon current interest rates and capital market conditions prevailing at the time of the sale, and to enter into the Sales Agreement on behalf of the City.

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to assign the Toronto Hydro Promissory Note and to sign any necessary documents to give effect to the assignment, on behalf of the Holder.

4.         City Council direct that the City obtain a fairness opinion from a qualified third-party financial expert stating that the City has received a fair and equitable market price for the Note with the fee being deducted from the gross proceeds of the monetization.

5.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer funds from the Strategic Infrastructure Partnership Reserve Fund (XR1714) during 2010 to the Interest Income – Hydro Note Account in the Non-Program budget from the proceeds of the sale of the Note, equal to the difference between the interest payments payable from the Note and $29,946,055.67 that has been included in the 2010 preliminary operating budget.

6.         City Council approve the withdrawal of $600 million from the Strategic Infrastructure Partnership Reserve Fund during 2010 and the deposit of the $600 million into the City Sinking Fund to be used to prepay the Sinking Fund debentures identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer.

7.         City Council request the Sinking Fund Committee to retire or pay down the balances remaining in the outstanding debentures as listed in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, using the proceeds received from the Note monetization.

8.         City Council approve the repeal of the borrowing by-laws identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, at such time as the following conditions have been met:

a.           Recommendation 6 has been implemented; and

b.           the City’s external auditor has audited the sinking fund balance and has in writing confirmed to the DCM/CFO that the balance, including any estimated revenue, is or will be sufficient to entirely repay all or part of the sinking fund debt for which the Sinking Fund was established as identified in Appendix A of the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, on the date or dates the principal on such debt becomes due.

9.         City Council authorize the City Solicitor to introduce bills to Council to give effect to Recommendation 8 in the report (January 19, 2010) from the Deputy City Manager and Chief Financial Officer, at such time as the conditions set out in Recommendation 6 of the report have been met.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve a one-time allocation of $350,000 from the year-end 2009 Toronto Water Operating Budget surplus to fund Toronto Water's cost of the water and sewer service connection to the Thackeray Park cricket grounds.

2.         City Council direct the Deputy City Manager and Chief Financial Officer, in consultation with the appropriate City Divisions, to report back to Executive Committee on a policy for development-related fee rebates/grants for non-profit organizations. 

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct that the Deputy City Manager and Chief Financial Officer in consultation with the Chief Corporate Officer, develop and implement eligibility criteria, consistent with the criteria currently in place with necessary modifications, to address the characteristics of the Multi-family Residential sector, for the use of Sustainable Energy Funds for privately owned buildings that are undertaking comprehensive retrofits leading to significant energy savings and green house gas emission reductions.

2.         City Council direct that the total repayable loans to privately owned multi-family apartment sector participants be limited to totals of $5 Million from the Toronto Energy Conservation Fund and $5 Million from the Toronto Green Energy Fund for an overall total of $10 Million, until December 31, 2012.

3.         City Council direct that the purpose of the Toronto Green Energy Reserve Fund be amended to include its use as a revolving fund to provide support for renewable energy installations and to accommodate expansion of eligibility criteria to include privately owned multi-family residential buildings (4 stories or greater and a minimum footprint of 600 square metres) that are undertaking comprehensive retrofit projects.

4.         City Council direct that the purpose of the Toronto Energy Conservation Reserve Fund be amended to include its use as a revolving loan fund to provide support for energy conservation initiatives and to accommodate expansion of eligibility criteria to include privately owned multi-family residential buildings (4 stories or greater and a minimum footprint of 600 square metres)  that are undertaking comprehensive retrofit projects.

5.         City Council amend Municipal Code 227 (Reserves and Reserve Funds) in accordance with Parts 3 and 4 above.

6.         City Council direct the Chief Corporate Officer to ensure that verification of compliance with the criteria is built into the program.

7.         City Council direct that prior to December 31, 2012, the Chief Corporate Officer report back on the findings and outcome of the pilot program and recommendations regarding further private sector participation in the Sustainable Energy Fund Program.

8.         City Council direct that the Chief Corporate Officer report on the implications for including carbon credit and conservation demand management funding sources as transfers to and/or conditions of participation in the Sustainable Energy Fund program.

9.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, and that leave be granted for the introduction of any necessary bills in Council to give effect thereto.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the construction of a Biogas Facility at the Toronto Zoo, pending the decision by the Board of Management of the Toronto Zoo to award the project to a successful proponent, following completion of the Request for Proposals process and after consultation with the Deputy City Manager and Chief Financial Officer and the City Solicitor.

2.         City Council request the Acting Chief Executive Officer of the Toronto Zoo, in conjunction with City staff involved in evaluating the Biogas Facility Request for Proposals, to report to the Executive Committee prior to making a commitment to a successful proponent, if any unfavourable impacts to future Capital or Operating Budgets or material concerns arise from the Request for Proposal process. 

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council request the City Manager to review the recommendations contained in the Bellamy Report on the Toronto Computer Leasing and Toronto External Contracts Inquiries in order to ensure that all recommendations pertaining to ethics training are addressed.  Further, training required as a result of the Bellamy recommendations be required to specifically address conflict of interest issues, and be made mandatory for all City staff.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council request the Treasurer to review the practices currently adopted by 407 International Inc. in connection with the collection of out-of-province receivables.  Such a review also include the practices of other jurisdictions.  Further, the Treasurer review the potential use of collection agencies.  If required, requests for amendments to provincial legislation be made in order to facilitate the collection of out-of-province receivables.

2.         City Council request the Treasurer to re-evaluate the criteria supporting the discretionary cancellation of parking tags.  Policies and procedures concerning the preparation and retention of documentation in support of cancellations be developed.  Supporting documentation be randomly reviewed by supervisory staff.  In addition, management reports be developed and reviewed on an ongoing basis to identify anomalies and trends.

3.         City Council request the Treasurer, in consultation with the Chief Information Officer, to review the potential of automating certain aspects of the documentation requirement process as it pertains to pre-court filing documents and request for trials.  Such a process should be conducted in consultation with the City Solicitor in order to ensure that the automation of certain processes is not contrary to legislation and, if required, amendment to the provincial legislation be requested.  Further, the Treasurer monitor the requests for cancellation of tickets in batches, with a view to developing policy around this practice including but not limited to possible regulation of court agents.

4.         City Council request the Treasurer to direct all staff that parking tag adjustments processed through the Parking Tag Management System are appropriately documented and that each adjustment be accompanied by an appropriate audit trail.  Such documentation be reviewed on a random basis by supervisory staff.

5.         City Council request the Treasurer to review the current plate denial process.  Such a review take place in consultation with the Ministry of Transportation and focus on the reasons why significant receivables continue to be outstanding beyond the two-year licence plate renewal period.  Improvements identified be implemented in order to maximize the effectiveness of the plate denial system.

6.         City Council request the Treasurer to review the parking tag collection process, prioritise those receivables which relate to individuals and entities who have significant receivables owing on multiple plates and consider conducting corporate searches to identify these entities.  Once identified the appropriate follow-up process be conducted including the use of collection agencies specifically directed to these accounts.

7.         City Council request the Treasurer to review the possibility of providing collection agencies with specific information including the names and addresses of individuals and companies with outstanding parking tags.  Amendments to provincial legislation be requested, if required.

8.         City Council request the Treasurer to review the extent of receivables submitted to collection agencies such that collection agencies are provided information on entities who have parking tags owing on more than one vehicle.  Finally, the Treasurer consider providing collection agencies with more up to date receivable information.

9.         City Council request the Treasurer, in consultation with the Chief Information Officer, to review the current cheque processing system so that payments relating to tags in plate denial status and payments which have previously been made are identified more easily by those staff receiving payment.  Such a process would reduce the administrative process of issuing refund cheques.

10.       City Council request the Treasurer to review the merits of amending the cheque collection process so that NSF fees are clearly identified and subsequently collected.  Amendments to provincial legislation be requested, if required.

11.       City Council request the Treasurer to develop a formal change control process.  Application development should be separate from system administration, and developers should not install their own programs to the production environment.

12.       City Council request the Treasurer to develop and implement a formal access control and review process.  A review of user access should occur periodically and unauthorized users deleted from the authorized user list.

13.       City Council request the Treasurer to report to the Government Management Committee for its meeting on May 20, 2010, on the protocols/guidelines for parking tag cancellations prior to making the guidelines public.

14.       City Council refer the following recommendation of the Audit Committee, back to the Audit Committee for consideration at its next meeting on May 14, 2010:

            -           City Council request the Treasurer to review the parking enforcement process as it relates to the issue and cancellation of parking tags for delivery and courier vehicles. Such a review include an evaluation of best practices in other Canadian and US jurisdictions.  If required, amendments to provincial legislation be requested.

15.       City Council refer the following motion to the Audit Committee for consideration at its next meeting on May 14, 2010:

            Moved by Councillor Moscoe:

            That the Treasurer be requested to:

            1.         report annually to the Government Management Committee on the number of tickets cancelled in each category with a view to using the data to evaluate our cancellation protocol; and

            2.         revise data collection procedures so as to generate data for the Toronto Police Service that would enable Police supervisory staff to evaluate the job performance of parking control officers on the basis of:

             a.        number of cancelled tickets.

             b.         number of convictions.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council grant authority to enter into an agreement with PriceWaterhouseCoopers LLP for external audit services for fiscal years 2010 through 2014 inclusive for $4,085,000 (net of all applicable taxes) as per the fee schedule outlined in Confidential Attachment 2 to the report (January 25, 2010) from the Auditor General, and under terms satisfactory to the Auditor General and the City Solicitor.

2.         City Council authorize the public release of the confidential information in Attachment 2 to the report (January 25, 2010) from the Auditor General, upon Council’s approval of this contract award to PriceWaterhouseCoopers LLP and PriceWaterhouseCoopers LLP signing the contract.

3.         City Council direct that the confidential information in Attachment 3 to the report (January 25, 2010) from the Auditor General, remain confidential.

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

Confidential Attachment 2 to the report (January 25, 2010) from the Auditor General remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property belonging to the City or one of its agencies, boards and commissions.  The information will be released upon Council’s approval of the contract award to PriceWaterhouseCoopers LLP and PriceWaterhouseCoopers LLP signing the contract.

Confidential Attachment 3 to the report (January 25, 2010) from the Auditor General remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property belonging to the City or one of its agencies, boards and commissions. 

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council receive for information, the report (January 5, 2010) from the City Manager.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council receive the report (January 22, 2010) from the Deputy City Manager and Chief Financial Officer for information.

2.         City Council direct that the confidential information contained in Attachment 1 to the report (January 22, 2010) from the Deputy City Manager and Chief Financial Officer, remain confidential and not be released publicly as it involves litigation or potential litigation that affects the City.

Confidential Attachment 1 to the report (January 22, 2010) from the 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 relates to litigation or potential litigation that affects the City.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the 2008 audited financial statements and management letters of the eight Business Improvement Areas attached as Appendices A-1 to M-1 to the report (January 22, 2010) from the Treasurer and the Director, Business Services, Economic Development and Culture.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to submit the following projects to the Province for funding in Year Two of the Social Housing Renovation and Retrofit Program:

a.         Regeneration of Toronto Community Housing Corporation’s building at 42 Hubbard Boulevard in Ward 32 in the amount of $4,050,000 substantially as set out in Appendix A to the report (January 20, 2010) from the General Manager, Shelter, Support and Housing Administration;

b.         Regeneration of the Fred Victor Centre 147 Queen Street East/139 Jarvis Street in Ward 27 in the amount of $7,950,000 substantially as set out in Appendix A to the report (January 20, 2010) from the General Manager, Shelter, Support and Housing Administration;

c.         Major mechanical retrofits to improve energy efficiency for 20 housing providers in the amount of $15,000,000 as set out in Revised Appendix B to the report (January 20, 2010) from the General Manager, Shelter, Support and Housing Administration; and

d.         Renovation and retrofit projects in the TCHC and non-TCHC portfolios in the amounts of $50,595,205 and $43,838,584 respectively as set out in Appendix C and Revised Appendix D to the report (January 20, 2010) from the General Manager, Shelter, Support and Housing Administration.

2.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to reallocate funding from approved projects which do not proceed to new projects and to submit these on behalf of City Council and enter into any necessary agreements to give effect thereto.

3.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to submit additional projects on behalf of City Council, accept and allocate additional federal/provincial funding to social housing providers, and enter into any necessary agreements to give effect thereto.

4.         City Council authorize the General Manager, Shelter, Support and Housing Administration, to submit projects on behalf of City Council for the Renewable Energy Initiative of the Ministry of Municipal Affairs and Housing and the Ministry of Energy and Infrastructure, accept and allocate additional federal/provincial funding to social housing providers, and enter into any necessary agreements to give effect thereto.

5.         City Council request the General Manager, Shelter, Support and Housing Administration, to report back to the Community Development and Recreation Committee on the Year Two funding allocations approved by the Province.

City Council on February 22 and 23, 2010, adopted the following:

1.          City Council adopt the Community Partnership Strategy, which describes the community based service system in the City social planning neighbourhoods in terms of six system components and five categories of measures:

a.         System Components: Organizations, Services, Space, Connections, Resources, and Governance; and

b.         Measure Categories: Quantifiers, Accessibility, Adaptability, Effectiveness and Equity.

2.          City Council direct the Executive Director, Social Development, Finance and Administration, to assess and monitor the strength of the community based service system in neighbourhoods using the Community Partnership Strategy.

3.         City Council direct the Executive Director, Social Development, Finance and Administration, to report periodically to the Community Development and Recreation Committee on the results of this assessment and monitoring process.

4.         City Council direct that the Executive Director, Social Development, Finance and Administration, continue to work with the City’s Agencies, Boards, Commissions, Divisions, external funders and community representatives on the ongoing refinement, application and evaluation of the Community Partnership Strategy.

5.         City Council direct that the Corporate Grants Lead pilot the application of the Community Partnership Strategy in the 2011 cycle of the Community Service Partnerships and report back to the Community Development and Recreation Committee on potential application of the Community Partnership Strategy to other Community Partnership and Investment Programs following the evaluation of this pilot.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council grant authority to award a sole source contract for the purchase of custom containment vessels as required in support of the PETS system for the Toronto Heavy Urban Search and Rescue Team to Impact Cases Inc. in an amount not to exceed  $655,457.71 net of GST and HST Recoveries for the period of 5 years.

2.         City Council direct the Fire Chief and General Manager, Toronto Fire Services, to instruct the Director, Purchasing and Materials Management, to process the necessary contract renewals under the same terms and conditions, should the option(s) be exercised.

City Council on February 22 and 23, 2010 received Item CD30.4 for information.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct that prior to implementation of the 2010/2011 ice allocations, all Arena Boards of Management must receive approval by the General Manager, Parks, Forestry and Recreation; such approval to be given when, subject to sufficient applications, the allocation conforms with the priorities for ice allocation outlined in the Ice Allocation Policy, attached as Appendix A to the report (January 22, 2010) from the General Manager, Parks, Forestry and Recreation.

2.         City Council direct that all applications for ice time at both City-operated arenas and Arena Boards of Management operated arenas for the 2011/2012 season, and from this time forward, be submitted to the City and that:

a.         the General Manager, Parks, Forestry and Recreation review all applications against the City’s Ice Allocation policy to  determine  the number of hours each applicant is entitled to on a City-wide basis;

b.         the General Manager, Parks, Forestry and Recreation, forward to Arena Boards of Management all applications for Ice at their locations together with the total hours each applicant is entitled to on a City-wide basis;

c.         Arena Boards develop proposed ice allocation schedules based on the applications received and consistent with the targets and requirements set-out in the City’s Ice Allocation Policy and the objectives of the Relationship Framework.  As appropriate the Boards shall negotiate with other Board-operated Arenas and City staff, and subject to informing and consulting with the applicants finalize their allocation schedules for submission for approval to the General Manager, Parks, Forestry and Recreation;

d.         the General Manager, Parks Forestry and Recreation will review the proposed allocation schedules and issue letters indicating whether the allocations are in compliance or not in compliance with the City’s Ice Allocation Policy; and

e.         if for reasons related to the City’s Ice Allocation Policy, City staff and an Arena Board of Management cannot reach agreement, the ice shall be allocated by City staff for that season.

3.         City Council direct that applications for ice time and the final allocation plan for all City-owned arenas be posted publicly on the City’s web site and forwarded to the Arena Boards of Management by Parks, Forestry and Recreation staff when it is finalized.  The target date for finalization of the allocation is January 31 each year.

4.         City Council direct that the Arena Boards of Management receive the approval of the General Manager, Parks, Forestry and Recreation prior to implementing any new Board-operated programs, including house leagues or learn to play programs, for the 2010/2011 season, and thereafter, prior to being initiated.  Ice time used for existing board-operated programs are excluded from the allocation process, and may be adjusted to respond to changing registration.

5.         City Council request the General Manager, Parks Forestry and Recreation, to consult with Arena Boards of Management, and user groups, existing, new and emerging, with respect to the new application and allocation process prior to implementation.

6.         City Council direct that staff continue negotiations and develop a business plan with the Leaside Board of Management on the ‘twinning’ of the existing ice pad which includes financial impact and community benefits of the project; and if suitable terms can be reached, staff will report on the business requirements and necessary approvals for the 2011 Capital Budget.

7.         City Council request that the addition of a second ice surface at Leaside Gardens and the replacement of the Don Mills Civitan arena with a new two-rink facility be regarded as priority projects for Council consideration in the 2011 Capital Budget within the Parks, Forestry and Recreation Division.

8.         City Council authorize the City Manager to make any necessary amendments to the Relationship Framework to reflect these changes.

9.         City Council request the General Manager, Parks, Forestry and Recreation to report back to the Community Development and Recreation Committee one year following the implementation of the new Ice Allocation Process.

10.       City Council request the General Manager, Parks, Forestry and Recreation, to consult with the Arena Boards of Management, user groups and other stakeholder groups when undertaking her review of the Ice Allocation Policy as approved by Council at its November 30, December 1, 2, 4 and 7, 2009 meeting, such review to address the importance of community users as outlined in the Relationship Framework.

11.       City Council request the General Manager, Parks, Forestry and Recreation to report to the Community Development and Recreation Committee on the ice time that is allocated to teams from areas serviced by Arena Boards of Management in arenas located within or near priority neighbourhoods, at such time as she reports back on the results of the review of the Ice Allocation Policy as part of the Recreation Service Plan, with a view to ensuring that adequate ice time is protected for priority neighbourhood programs.

City Council on February 22 and 23, 2010, adopted the following:

1.         The City loan its model of the ship "Mauretania (Lusitania)" to the Maritime Museum of the Atlantic for five years (renewable), subject to an agreement whereby all packing, shipping, conservation and other costs associated with the loan are borne by the Maritime Museum.

2.         City Council delegate authority to the General Manager, Economic Development and Culture, or his designate, to sign the initial loan and any loan renewal agreements with the Maritime Museum of the Atlantic for the "Mauretania (Lusitania)" model. 

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the 2010 recommended expenditures and levy requirements of the following Business Improvement Areas:

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council designate the area described by Attachment 1 of the report (January 18, 2010) from the General Manager, Economic Development and Culture, 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 Mount Dennis Business Improvement Area (BIA) to include the area shown in Attachment 1 of the report (January 18, 2010) from the General Manager, Economic Development and Culture, in accordance with Chapter 19 of the City of Toronto Municipal Code.

3.         City Council direct the Executive Director of Technical Services to prepare designation by‑law maps of the area, as described in Attachment 1 of the report (January 18, 2010) from the General Manager, Economic Development and Culture, and submit them to the City Solicitor.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the individual tax appeals pursuant to section 323 of the City of Toronto Act, 2006, as provided in the Detailed Hearing Report, identified in Appendix A attached to the report (January 21, 2010) from the Treasurer, excluding the following applications:

          Section 323 -Appendix A

2.         City Council approve the individual tax appeal applications made pursuant to section 325 of the City of Toronto Act, 2006 resulting in tax reductions (excluding phase-in/capping adjustments) totalling $368,062.57 including reductions in Business Improvement Area charges, as identified in Appendix B of the report (January 21, 2010) from the Treasurer.

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

City Council on February 22 and 23, 2010, adopted the following:

1.          City Council approve the apportionment of property taxes in the amounts identified in Appendix A and Appendix B of the report (January 21, 2010) from the Treasurer under the columns entitled “Apportioned Tax” and “Apportioned Phase In/Capping”.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the City to accept the Offer to Sell from the owner of 330 Progress Avenue, Sanmina-Sci Systems (Canada) Inc. (the “Owners”), on the terms outlined in Appendix “A” and confidential Attachment 1 to the report (January 20, 2010) from the Chief Corporate Officer.

2.         City Council severally authorize the Chief Corporate Officer and the Director of Real Estate Services, to execute the Offers to Sell on behalf of the City.

3.         City Council authorize the public release of the confidential information in Attachment 1 of the report (January 20, 2010) from the Chief Corporate Officer, once this transaction has closed.

4.         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 and waiving terms and conditions, on such terms as she considers reasonable.

5.         City Council direct the Chief Corporate Officer to communicate to the Toronto Police Service Board that in order for the TPS to be given operation and management control of 330 Progress Avenue, it is required for the Board to declare operationally surplus 799 Islington Avenue.

6.         Upon completion of Part 5 above, the Chief Corporate Officer shall provide operation and management control of 330 Progress Avenue to the TPS, at the same time, operation and management control of 799 Islington Avenue is provided to the Real Estate Services Division.

7.         City Council request the City Manager and the Chief Corporate Officer, in consultation with the Councillors from Wards 5 and 6, to review with the Toronto Police Service, the potential to exchange the property at 799 Islington Avenue with the property at 3699 Bloor Street West for the future use of the Toronto Police Service 22 Division Station, prior to declaring surplus or allocating 799 Islington Avenue for any other uses.

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

Confidential Attachment 1 to the report (January 20, 2010) from the Chief Corporate Officer remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to a proposed or pending acquisition or sale of land for municipal or local board purposes.  The confidential information will be made public once the transaction has closed.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council elect to receive the outstanding balance of $300,000.00 owed to the City by RioCan PS Inc. (“RioCan”) for the sale of the lane at the rear of 585 Queen Street West (the “Lane”) by the conveyance to the City of two store front condominium units (the “Condo Units”) in the development to be constructed on the site, valued at $300,000.00, rather than by payment to the City of $300,000.00 by certified cheque, and that the Condo Units be placed under the operation and management of  the General Manager of Economic Development and Culture.

2.         City Council authorize and direct the City Solicitor to execute and deliver notice to RioCan of the City’s election in Part 1 above.

3.         City Council exempt the outstanding balance owing for the sale of the Lane from the policy governing Proceeds from Sale of Surplus City-Owned Real Property, which provides that the net proceeds from the sale of real property is subject to certain exceptions, to be deposited in the Land Acquisition Reserve Fund.

4.         City Council appoint the Director of Real Estate Services to represent the City’s interests in the affairs and business of the condominium corporation and delegate to the Director of Real Estate Services, or his or her designate, authority to raise matters of interest or concern to the City, attend owners’ meetings, including the annual general meeting and any additional meetings that may be called, and vote on behalf of the City on any matters which require or permit a vote of the owners.

5.         City Council authorize the City to enter into a Below-Market Rent Lease Agreement with the Toronto Cultural Advisory Corporation (“TAC”), for a five year term, with an option to renew for one five year term, substantially on the terms set out in Appendix A attached to the report (January 22, 2010) from the Chief Corporate Officer and the General Manager, Economic Development and Culture and such other terms as the Chief Corporate Officer, or his or her designate, may deem acceptable, and in a form satisfactory to the City Solicitor.

6.         City Council authorize the Chief Corporate Officer to administer and manage the Lease Agreement with TAC, 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.

7.         City Council exempt the leasing of the Condo Units to TAC from the policy governing the Provision of City-Owned Space to Community Organizations at Below-Market Rent, which provides that space made available for community use at below-market rent through the City’s surplus property disposal process is to be allocated through a  Request for Proposal process.

8.         City Council authorize the City to enter into an agreement with TAC on terms satisfactory to the Deputy City Manager and Chief  Financial Officer and the General Manager of Economic Development and Culture, and in a form satisfactory to the City Solicitor, to govern TAC’s mandate to operate the Condo Units for cultural/artistic purposes.

City Council on February 22 and 23, 2010, adopted the following:

 1.        City Council delegate authority to the General Manager of Parks, Forestry and Recreation to enter into an agreement with Toronto Star Newspapers Limited for a three (3) year and six (6) week term commencing February 26, 2010, and expiring on April 9, 2013, with a possible two (2) year extension at the sole option of the General Manager, to distribute Toronto Star newspapers in Parks, Forestry and Recreation facilities, and to coordinate free promotional space in the Toronto Star, all in a form and content satisfactory to the General Manager of Parks, Forestry and Recreation and the City Solicitor.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the incorporation of the portion of the Jolly Miller property shown as Part 1 on Sketch No. PS-2009-116 attached to the report (February 1, 2010) from the Chief Corporate Officer, into the abutting parkland/valley open space system to be operated and managed by Parks, Forestry and Recreation (“PF&R”) and the long-term operation of a public parking lot on Part 2 on said Sketch No. PS-2009-116, as a municipal parking facility to be operated and managed by  the Toronto Parking Authority (“TPA”) in accordance with Chapter 179 of the Toronto Municipal Code in exchange for a fair market value (“FMV”) contribution of $525,000.

2.         City Council exempt the 3885 Yonge Street property from the City Real Estate policies set out in the Proceeds from Sale of Surplus City-Owned Real Property (the “Proceeds Policy”) and the Principles of a City Real Estate Strategy, so that  $425,000 of the FMV contribution amount by TPA for Part 2 on Sketch No. PS-2009-116 attached to the report (February 1, 2010) from the Chief Corporate Officer, be allocated to PF&R for capital improvements on Part 1 on the said Sketch rather than being deposited in the Land Acquisition Reserve Fund (“LARF”), and the remaining $100,000 of the FMV contribution amount by TPA, subject to TPA Board approval be deposited into LARF.

3.         City Council authorize the TPA to design and manage the construction of the park located on Part 1 shown on Sketch No. PS-2009-116 attached to the report (February 1, 2010) from the Chief Corporate Officer, to the satisfaction of the General Manager of PF&R at a total cost of $425,000 funded from the TPA 2010 approved Capital Budget CPK144-01 Jolly Miller.

4.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the foregoing, including the introduction in City Council of any bills necessary to give effect thereto.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve an extension of the existing Professional Services Agreement with Golf Plus Marketing Inc.(GPMI) in relation to the operation and management of the Dentonia Park Golf Course, Don Valley Golf Course, Humber Valley Golf Course, Scarlett Wood’s Golf Course and the Tam O’Shanter Golf Course, including clubhouse facilities for a one year term from January 1, 2010 to December 31, 2010, on the same terms and conditions as the existing agreement, in the amount of $315,000.00 net of GST and HST recoveries with an option, exercisable at the sole discretion of the General Manager of Parks, Forestry and Recreation, to extend the agreement for a further one year from January 1, 2011 to December 31, 2011, in the amount of $315,000.00 net of HST recoveries all in a form and content that is satisfactory to the General Manager and the City Solicitor.  The extension of the agreement (including the optional term) with Golf Plus Marketing Inc. will increase the total value of the agreement from $2,920,000.00 net of GST to $3,550,000.00 net of GST and HST recoveries.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the City to enter into an Offer to Sell with the Toronto District School Board to acquire the property municipally known as 3495 Lake Shore Boulevard West at a purchase price of $2,062,556.00 plus applicable taxes and registration fees, estimated at $28,764.00 substantially on the terms outlined in Appendix “A” of the report (February 3, 2010) from the Chief Corporate Officer and on such other terms and conditions as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.         City Council authorize the 2010 Capital Budget for Children’s Services be increased  by $2,094,000.00 gross, $0 net for the “Thomas Berry Child Care Centre Acquisition” Capital Project , with funding of $1,369,000.00 from the Child Care Capital Reserve Fund (XR-1103) and $725,000.00 from the Land Acquisition Reserve Fund (XR-1012) (LARF) with any year end surplus replenishing LARF, if available.

3.         City Council authorize the City to divide any profits 50/50 with the Toronto Land Corporation should the City decide to sell or redevelop the property for non-municipal purposes within 10 years of this transaction closing, if the sale price of the property exceeds the purchase price recommended in the report (February 3, 2010) from the Chief Corporate Officer.

4.         City Council severally authorize the Chief Corporate Officer and the Director of Real Estate Services, to execute the Offer to Sell on behalf of the City.

5.         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 and waiving terms and conditions, on such terms as she considers reasonable.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Toronto Association of Business Improvement Areas (TABIA), the Ontario Hotel Restaurant and Motel Association (OHRMA) and any other relevant associations, to work with resident and business groups, as well as individual nightclub and entertainment establishments, to implement strategies, such as the Entertainment District BIA’s nightlife establishment best practices, in order to reduce violence and nuisances associated with the operation of eating and entertainment establishments.

2.         City Council direct the Executive Director, Municipal Licensing and Standards to monitor issues with eating and entertainment establishments under its jurisdiction and to report back to the Licensing and Standards Committee, as appropriate, on whether any additional measures are required to reduce violence and nuisances associated with the operation of these establishments.

3.         City Council direct the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee with a strategy for improving the effectiveness of the regulation, licensing and enforcement of licensed commercial businesses, such strategy to include ways to:

a.         coordinate enforcement activities between the various Agencies and City Divisions to address operating concerns comprehensively and to identify and address the issue of problem operators;

b.         share enforcement information between Agencies and City Divisions for the purposes of gathering evidence and supporting cases against problem operators; and

c.         support prosecutions of bad operators by providing evidence and encouraging community input.

4.         City Council request the Executive Director, Municipal Licensing and Standards, to work with the Alcohol and Gaming Commission of Ontario to improve the communication, coordination and community engagement in the issuance, removal, revocation, renewal and amendment of liquor licences, including patio licences.

5.         City Council authorize and direct City staff to take any other action deemed necessary to implement the above recommendations.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct that taximeters in Toronto licensed taxicabs be recalibrated to reflect the newly Harmonized Sales Tax (H.S.T.) of 13% to be charged on taxicab fares as of July 1, 2010.

2.         City Council adopt the taxicab fare increase proposal to Tariff “A” Taxicab Rates and Fares in Appendix “C” to the Toronto Municipal Code, Chapter 545, Licensing, set out in Table “2” of the report (February 19, 2010) from the Executive Director, Municipal Licensing and Standards.

3.         City Council direct that the Taxicab Tariff 'A' Card in the back seat of taxicabs be amended to show that the Harmonized Sales Tax (H.S.T.) is included in the taxicab fare increase.

4.         City Council direct that the taximeter waiting time while under engagement be increased by approximately eight percent by increasing the charge to $0.25 per 29 seconds of waiting time from the current $0.25 per 31 seconds.

5.         City Council direct that the upcoming increase to the GTAA flat rate fares to the airport, which will be inclusive of the 13 percent H.S.T., be included in Appendix M to Chapter 545, Taxi Tariffs, and Appendix N to Chapter 545, Limousine Tariffs of the Toronto Municipal Code, to reflect the change in rates.

6.         City Council direct the Executive Director, Municipal Licensing and Standards to:

a.         prepare a notice to be displayed in a conspicuous location in each Toronto taxicab advising customers of the increase in meter fares to take effect on July 1, 2010, such notice to be affixed in each taxicab at least two months prior to the taxicab fare increase;

b.         install cards at the taxi inspection facility; and

c.         consult with the Chair and Vice-Chair of the Licensing and Standards Committee in preparing wording for the public notices.

7.         City Council authorize the appropriate City officials to undertake the necessary action to give effect thereto.

City Council on February 22 and 23, 2010, referred Item LS27.3 to the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on an equitable system for all assistants' licenses such that, where an assistant's license is purchased and the assistant leaves within a year, that subsequent assistants within the same year be issued a license at no cost.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council support, in principle, the addition of public lands in the Don and Humber River Valleys to Ontario's Greenbelt to ensure these valuable lands are preserved and protected and accordingly direct staff, in consultation with the Toronto and Region Conservation Authority (TRCA), to carry out the following actions required to make an application to the Province of Ontario.

2.         City Council direct the Chief Planner and Executive Director, City Planning Division and the General Manager, Parks, Forestry and Recreation, in consultation with any affected City Divisions and the TRCA to prepare a report to the Planning and Growth Management Committee that:

a.         identifies City and TRCA owned lands that are located within river valley connections in the City of Toronto identified in the Greenbelt Plan that may be suitable for Greenbelt designation; and

b.         examines the implications of Greenbelt designation for City and TRCA recreational uses, facilities and infrastructure.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council receive the decision of the signatories of the Memorandum of Understanding for the Toronto Regional Centre of Expertise on Education for Sustainable Development to suspend, effective May 20, 2009, all further activities, and advise the United Nations University’s program for Regional Centres of Expertise on Education for Sustainable Development of this decision.

2.         City Council extend its sincere appreciation to Dr. Ingrid Stefanovic, Professor and Director, Centre for the Environment, University of Toronto, for chairing on a voluntary basis the Toronto Regional Centre of Expertise on Education for Sustainable Development; and

3.         City Council direct the Director of the Toronto Environment Office to continue to engage the member bodies of the Toronto Regional Centre of Expertise on Education for Sustainable Development in the ongoing development and implementation of the City’s climate change mitigation programs and related environmental initiatives.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council approve the development of a City-wide, multi-year Parks Plan guided by the following principles:

1.         Parks and Trails as City Infrastructure

2.         Equitable Access for All Residents

3.         Nature in the City

4.         Place Making

5.         Supporting a Diversity of Uses

6.         Community Engagement and Partnerships

7.         Environmental Goals and Practices.

2.         City Council refer the following motions to the Parks and Environment Committee for consideration at its March 10, 2010 meeting:

             Moved by Councillor Moscoe:

             That the General Manager, Parks, Forestry and Recreation be requested to:

             1.         develop a qualitative measure of existing parks and green spaces;

             2.        evaluate the physical condition of parks space, including equipment and amenities and establish minimum standards for each classification with a view to upgrading those below standards and ensuring that all citizens have access to quality park space irrespective of their location within the City of Toronto; and

             3.        evaluate the degree to which local park design and amenities relate to the diverse and evolving character of its neighbourhood and changing demographics, and develop policies and procedures that will allow the park space to reflect changing demographics and neighbourhood ethnicity so that local parks can best serve local needs.

            Moved by Councillor Vaughan:

            That the General Manager, Parks, Forestry and Recreation be requested to report to the Parks and Environment Committee, during this process, on the possibility of using the local levy provisions of the City of Toronto Act to create Parks Improvement Associations (PIAs), and to bring forward other ideas that might facilitate community partnerships aimed at assisting neighbourhoods as they participate in the design, maintenance and programming of local parks.

(Please refer to Attachment A: Parks Plan: Guiding Principles for details of specific principles and their related objectives, in the report (January 20, 2010) from the General Manager, Parks, Forestry and Recreation.)

City Council on February 22 and 23, 2010, adopted the following:

1.         The Toronto Green Standard performance measures, as adopted by City Council at its meeting held on October 26 and 27, 2009, remain unchanged at this time.

2.         The City Policy on Green Roofs buildings owned by the City of Toronto or any of its agencies, boards, commissions or corporations not be amended for the reasons identified in the report (January 22, 2010) from the Chief Planner and Executive Director, City Planning.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct the General Manager, Economic Development and Culture, in consultation with the General Manager, Transportation Services, to implement the agreement reached between the City of Toronto, the Goodlife and Scotiabank Waterfront Marathons and to continue to work closely with the race directors of both marathons to minimize the negative impacts on businesses and residents of street closings and to maximize the charitable, economic and tourism potential of their events.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the General Manager, Solid Waste Management Services, to finalize negotiations and execute an agreement with AECOM Canada Ltd. to design, build and commission a new facility to process up to 90,000 tonnes per year of the City’s SSO at the Disco Transfer Station site generally in accordance with the terms and conditions set out in Request for Proposals 3907-09-7053, the addenda issued for Request for Proposals 3907-09-7053, the base proposal submitted by AECOM Canada Ltd. dated August 19, 2009 in response to Request for Proposals 3907-09-7053,  agreed upon changes to the scope of work set out in Appendix 1 to the report (January 18, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, and otherwise on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

2.         City Council direct that the authority for the General Manager, Solid Waste Management Services, to finalize negotiations as set out in Part 1 above include the General Manager’s ability to negotiate on terms and conditions related to the items set out in Appendix 2 to the report (January 18, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management.

3.         City Council direct that the authority for the General Manager, Solid Waste Management Services, to execute an agreement with AECOM Canada Ltd., be contingent upon the total cost of the new SSO facility not exceeding $77,500,000.00 net of GST and HST recoveries, as follows:

a.         for the base scope of work including site remediation, which includes the excavation, removal and disposal of buried waste, the design and construction of the facility and ancillary facilities and improvements to the transfer station site, and the commissioning of the facility including processing of SSO during commissioning and the delivery of the digested solids material produced during commissioning to a facility identified by the General Manager, Solid Waste Management Services, an amount not to exceed $70,153,000.00 net of GST and HST recoveries;

b.         for provisional items; an amount not to exceed $4,347,000.00 net of GST and HST recoveries; and

c.         for contingencies an amount not to exceed $3,000,000.00 net of GST and HST recoveries.

4.         City Council authorize the General Manager, Solid Waste Management Services, to finalize negotiations and execute an agreement with AECOM Canada Ltd. to operate the new facility at the Disco Transfer Station site to process up to 90,000 tonnes per year of the City’s source separated organic material for a term of 3 operating years plus up to two additional one-year extensions generally in accordance with the terms and conditions set out in Request for Proposals 3907-09-7053, the addenda issued for Request for Proposals 3907-09-7053, the base proposal submitted by AECOM Canada Ltd. dated August 19, 2009 in response to Request for Proposals 3907-09-7053, the agreed upon changes to the scope of work set out in Appendix 1 to the report (January 18, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, and otherwise on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

5.         Council direct that the authority for the General Manager, Solid Waste Management Services, to conduct final negotiations for an operations agreement for the new SSO facility as set out in Part 4 above include the General Manager’s ability to negotiate on terms and conditions related to the items set out in Appendix 2 to the report (January 18, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management.

6.         City Council direct that the authority for the General Manager, Solid Waste Management Services, to execute an operations agreement with AECOM Canada Ltd. be contingent upon the total cost not exceeding $38,249,650.00 for the contract term including all charges and applicable taxes, net of GST and HST recoveries, as follows:

a.         for processing the first 55,000 tonnes, or portion thereof, the cost shall not exceed $97.40 per tonne in the first operating year, adjusted annually thereafter to reflect the change in CPI year over year, inclusive of all charges and disbursements and net of GST and HST recoveries;

b.         for processing up to a maximum of 35,000 additional tonnes, above 55,000, the cost shall not exceed $42.23 per tonne in the first operating year, adjusted annually thereafter to reflect the change in CPI year over year, inclusive of all charges and disbursements and net of GST and HST recoveries;

c.         for hauling digester solids resulting from processing SSO to a facility identified by the General Manager, Solid Waste Management Services, the cost shall not exceed $0.1058 per tonne per kilometre in the first operating year, adjusted thereafter annually to reflect the change in CPI year over year, inclusive of all charges and disbursements and net of GST and HST recoveries; and

d.         for costs resulting from greater amounts of contamination in the SSO processed at the facility, a provisional amount not to exceed $0.73 per tonne per percent contamination, by weight, in the first operating year, adjusted annually thereafter to reflect the change in CPI year over year, inclusive of all charges and disbursements and net of GST and HST recoveries.

7.         City Council authorize the General Manager, Solid Waste Management Services, to negotiate and execute any licence or sub-licence, if required for use of the technology employed in the SSO facility, with the appropriate party, on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

8.         City Council direct that the authority for the General Manager, Solid Waste Management Services, to conduct negotiations for any licence or sub-licence as set out in Part 7 above  include the General Manager’s ability to negotiate on terms and conditions related to applicable items set out in Appendix 2 to the report (January 18, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council grant authority to award sole source contracts to the vendors listed in Attachment A to the report (January 19, 2010) from the General Manager, Toronto Water, and the Director, Purchasing and Materials Management, to the annual maximum amounts identified (excluding all taxes and charges), for the provision of goods and services as required by Toronto Water for a twelve-month period commencing April 1, 2010 to March 31, 2011, including the option to extend for five (5) additional one (1) year periods at the sole discretion of the City and subject to budget approval and provided that the vendors continue to be the manufacturers or are exclusive distributors of the goods and services.

2.         City Council direct the General Manager, Toronto Water, to instruct the Director, Purchasing and Materials Management to process the necessary contract renewals under the same terms and conditions, should the option(s) be exercised.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the General Manager, Toronto Water to finalize negotiations, enter into and execute an agreement on behalf of the City for the accreditation of the operating authority of municipal drinking water systems with Her Majesty the Queen in right of Canada (as represented by the Minister of Public Works and Government Services acting through the Canadian General Standards Board) or such other accreditation body as may be designated by the Minister of the Environment, on terms and conditions satisfactory to the General Manager, Toronto Water including indemnities as may be required of the City, and in a form satisfactory to the City Solicitor.

2.         City Council authorize the General Manager, Toronto Water to negotiate, enter into and execute any other related agreements on behalf of the City as may be necessary to give effect to Part 1 above, on terms and conditions satisfactory to the General Manager, Toronto Water including indemnities as may be required of the City, and in a form satisfactory to the City Solicitor.

3.         City Council, to the extent necessary, authorize the General Manager, Toronto Water, to negotiate, enter into and execute any other documents or agreements on behalf of the City as may be necessary to maintain the City’s accreditation as an Operating Authority on terms and conditions satisfactory to the General Manager, Toronto Water including indemnities as may be required of the City, and in a form satisfactory to the City Solicitor.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize and direct the General Manager of Solid Waste Management Services to appoint the Toronto residents listed in Confidential Attachment 1 to the report (January 15, 2010) from the General Manager, Solid Waste Management Services, to the 3Rs Working Group, in the order that they appear on the list, to fill vacancies on the 3Rs Working Group as required.

2.         City Council authorize the public release of the names in Confidential Attachment 1 to the report (January 15, 2010) from the General Manager, Solid Waste Management Services, one by one, as each replacement member is appointed.

Confidential Attachment 1 remains confidential in its entirety at this time, in accordance with the City of Toronto Act, 2006, as it contains personal information about identifiable individuals.  The names will be made public one by one, as each replacement member is appointed.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Appendix A to the report (January 15, 2010) from the General Manager, Solid Waste Management Services, by:

a.         adding the words "If compaction is not possible" to Section 2.a., so that it reads as follows:

"2.a.     If compaction is not possible, sufficient space for storage of uncompacted waste containers exists on the property. When a building uses a compactor, the number of bins needed for uncompacted waste is based on a ratio of 3:1 (uncompacted: compacted);";

b.         adding a new Section 2.c. which reads:

"2.c.     Sufficient City of Toronto in-suite recycling containers were obtained, distributed and promoted to each tenant at least six (6) months prior."; and

c.         adding the words “unless in compliance with property standards/Building Code/Fire Code” to Section 6.b., so that it reads as follows:

"6.b.     Eliminate the ability for unit occupiers to leave waste in the rooms that lead to the garbage chutes unless in compliance with property standards/Building Code/Fire Code.”

2.         City Council approve the garbage chute closure program as set out in Appendix A, as amended, to the report (January 15, 2010) from the General Manager, Solid Waste Management Services, to begin on May 1, 2010, and that staff report back to the Public Works and Infrastructure Committee in one year on the success of this program.

3.         City Council request the General Manager, Solid Waste Management Services:

              a.       to measure the diversion impact of these closures in order to determine the value; and

              b.       in consultation with the Executive Director, Municipal Licensing and Standards, determine the number of non-compliance complaints received about the garbage chute closure program in these buildings,

             and report to the Public Works and Infrastructure Committee on his findings within a year of implementation.

4.         City Council direct the City Solicitor to submit the necessary bills to Council to implement Parts 1 and 2 above.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council adopt the “Refined Recommended Solution”, included as Attachment 1 to the report (February 19, 2010) from the General Manager, Transportation Services, which incorporates a minimum 6.4m clear pavement width that satisfies the requirements of Toronto Fire Services.

2.         City Council direct Urban Forestry staff to develop a tree planting plan for Peel and Gladstone Avenues that will identify the appropriate species of trees and soil conditions that will be incorporated into the detailed design of the road reconfiguration.

3.         City Council request the General Manager, Transportation Services, to report to the Toronto and East York Community Council recommending that Legal Services amend § 313-33 and § 313-50 of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks, to prohibit the construction and maintenance of fences, retaining, ornamental and toe walls and hard landscaping within the Peel Avenue and Gladstone Avenue public rights-of-way.

4.         City Council grant authority to the General Manager, Transportation Services to issue a Notice of Study Completion and to file the Project File for the Peel-Gladstone Reconstruction Class Environmental Assessment Study in the public record for 30-days in accordance with the requirements of the Municipal Class Environmental Assessment.

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

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council support the recommendations of the Toronto Cycling Advisory Committee and the Toronto Pedestrian Committee to endorse the recommendations contained in the submission from the Handbook Update Working Group entitled "The Official MTO Driver's Handbook - Handbook Update Working Group - Proposed Changes re: Cyclists & Pedestrians", and to forward the submission to the Ministry of Transportation of Ontario for its information and review. 

City Council on February 22 and 23, 2010, adopted the following:

1.            City Council deny the request for permission to remove one (1) healthy City-owned tree adjacent to 41 Long Branch Avenue.

City Council on February 22 and 23, 2010, adopted the following:

1.            City Council approve the installation of traffic control signals at the intersection of Islington Avenue and Advance Road.

City Council on February 22 and 23, 2010, adopted the following:

1.            City Council approve implementing and rescinding the parking regulations on Rogers Road, east of Blackthorn Avenue, as outlined in Appendix A in the report (January 13, 2010) from the Director, Transportation Services, Etobicoke York District.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council direct the City Solicitor to attend at the Ontario Municipal Board to oppose Committee of Adjustment Application A317/09EYK with respect to 96 Rivalda Road and to retain such expert witnesses as necessary.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council prohibit eastbound left turns at anytime on Tolman Street at Yonge Street.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council prohibit U-turns in both directions on Bayview Avenue between Sheppard Avenue East and Bayview Mews Lane.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council appoint Councillor Jenkins to the North York Community Preservation Panel for a term of office ending November 30, 2010, and until a successor is appointed.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Interim Control By-law 200-2009 substantially in accordance with the proposed By-law attached as Attachment 2 to the report (January 19, 2010) from the Director, Community Planning, North York District, to extend by one year the period of time which the By-law is in effect.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the By-law as may be required.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 20, 2010) from the Director, Community Planning, North York District, with Section 2 (a) of the Draft Zoning By-law being amended to read as follows:

"Permitted Uses

2. (a)    In addition to the uses permitted by the R6 zone, a home occupation use that is limited to a travel agency shall also be permitted within the building existing on the date of enactment of this exception."

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         City Council approve in principal the site plan as indicated on the drawing in Attachment 1 to the report (January 20, 2010) from the Director, Community Planning, North York District.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to:

a.         obtain site plan approval from the Director, Community Planning, North York District and enter into a Site Plan Agreement under section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006; and

b.         convey to the City, for a minimal sum and free and clear of all encumbrances, a road widening measuring approximately 4.89 metres along the Finch Avenue East frontage.

5.         City Council direct that the home occupation be subject to an annual inspection by Municipal Licensing and Standards Division and proof of residency be confirmed to the satisfaction of the Director, Community Planning, North York District and the District Manager, Municipal Licensing and Standards, North York District.

6.         City Council direct that no exterior signage be permitted in relation to this home occupation.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Zoning By-law 7625 for the former City of North York substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (January 21, 2010) from the Director, Community Planning, North York District, subject to the Draft Zoning By-law being amended to include the following provision:

a.         That the 12 units fronting Wilson Avenue, to be used for “both commercial and residential purposes”, be defined as “either commercial or live work units” and such units be required to display signage to denote their commercial component.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, to provide or fund the following facilities, services and/or matters:

a.         in support of the Wilson Avenue Streetscape Study, a cash contribution of $20,000 for streetscape improvements in the immediate vicinity of the site as follows:

i.          street tree replacement/installation along both sides of Wilson Avenue beyond the subject property where opportunities exist within the City’s right-of-way.  Specifically, adjacent to the TTC parking lot from Allen Road to Wilson Heights Boulevard on the north side of Wilson Avenue, on the west side of Wilson Heights Boulevard on the north side of Wilson Avenue to a point in alignment with the centreline of Ansford Avenue, and across the frontage of the TTC parking lot from the Allen Expressway to the northwest corner of the applicants property on the south side of Wilson Avenue; and

ii.         replacement of asphalt with decorative concrete or unit pavers in the boulevard along Wilson Avenue beyond the subject property where opportunities exist in the locations identified in i. above;

b.         a cash contribution of $150,000 or 0.5%, whichever is greater, for an on-site public art installation under the Percent for Public Art Program; and

c.         a cash contribution of $400,000 for recreational capital facilities in Ward 10, the specific expenditure of these funds is to be determined through discussions between the Ward Councillor, Parks, Forestry and Recreation staff, City Planning staff and other City Divisions as required.

4.         City Council require that direct pedestrian access be provided from the property to the adjacent commuter parking lot, subject to the location being determined by staff in consultation with the local Councillor, and that the condominium corporation maintain the portion of the direct access on their lands and the City maintain the portion of the direct access on City land.

5.         City Council require that the building be subject to the TTC Transit Pass Policy.

City Council on February 22 and 23, 2010, adopted the following:

1.         In accordance with the delegated approval under By-law 229-2000, City Council be advised that the Chief Planner may approve the draft plan subdivision, as generally illustrated on Attachment 2 to the report (January 21, 2010) from the Director, Community Planning, North York District, subject to:

a.         the conditions as generally listed in Attachment 3 to the report (January 21, 2010) from the Director, Community Planning, North York District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration;

b.         the applicant agreeing to address all Technical Services' requirements and adhering to all Technical Services Conditions to the satisfaction of the Executive Director of Technical Services;

c.         the applicant fulfilling all Technical Services Conditions prior to the release of the plan of subdivision for registration; and

d.         such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem appropriate to address matters arising from the ongoing technical review of the development.

2.         City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director City Planning, the Executive Director of Technical Services, and other appropriate staff, to report to the Planning and Growth Management Committee on the City-wide implications of Ontario Realty Corporation (ORC) advising the City that ORC and Infrastructure Ontario will not be able to provide indemnities, letters of credit or deposits on any Provincial projects.

3.         City Council direct City staff to continue to seek appropriate and reasonable indemnities, letters of credit or deposits on this application, and the related rezoning and site plan control applications, in order to protect the City’s interests.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the City Solicitor to appeal the Consent and Minor Variance decisions to the Ontario Municipal Board, regarding 194 Burnett Avenue.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize and direct the Chief Planner and Executive Director, City Planning Division, to defer payment of all planning application fees until such time as the amount of gross floor area in each phase of development to be comprised of non-profit housing is known and the fees for the market housing can be determined.

2.         City Council grant authority to enter into an agreement with TCHC setting out the terms and conditions of the deferment, acceptable to the Chief Planner and Executive Director, City Planning Division and in a form acceptable to the City Solicitor.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing in opposition to the granting of the three minor variances in the matter A0427/09NY - 246 Holmes Avenue, and further that the City Solicitor be instructed not to oppose the minor variance for the maximum building length of 17.07m provided the applicant withdraws its request for the two minor variances to the minimum sideyards.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes – 1 Treewood Street, 18 Tideswell Boulevard.

2.         City Council authorize the Fire Chief and the City Solicitor to take the appropriate action to make a designated Fire Route.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council designate part or those parts of the private road or roads shown on the site plan filed with the Fire Chief in respect of the municipal addresses set out below as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes – 50, 60 Brian Harrison Way, 6 Nantucket Boulevard and 2410 Lawrence Avenue East, 1290 McNicoll Avenue and 3700 Midland Avenue, 8 Rosebank Drive.

2.         City Council authorize the Fire Chief and the City Solicitor to take the appropriate action to make the designated Fire Routes.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council enact the stopping regulation(s), as identified in Appendix 1 of the report (January 20, 2010) from the Acting Director, Transportation Services, Scarborough District.

2.         City Council amend the appropriate by-law(s) accordingly.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council enact a part lot control exemption by-law with respect to the subject lands as generally illustrated on Attachment 1 of the report (January 21, 2010) from the Director, Community Planning, Scarborough District, to be prepared to the satisfaction of the City Solicitor.

2.         City Council authorize the City Solicitor to introduce any necessary Bills in Council for a part lot control exemption by-law to expire (2) years from the date of enactment.

3.         City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to the enactment of the part lot control exemption by-law.

4.         City Council authorize the City Solicitor to implement the measures necessary to merge title for Blocks 48-51 inclusive on Plan 66M-2459, Blocks 68 and 73-78 inclusive on Plan 66M-2470 and Lots 26, 52 and 53 on Registered Plan 1664 such that the Blocks and Lots merge to form single parcels of residential land, which measures may include introducing a by-law to deem such Blocks and Lots not to be Blocks and Lots on a plan of subdivision.

5.         City Council authorize and direct the City Solicitor to register the part lot control exemption by-law on title.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council enact a site plan control by-law to designate 29 Meadowvale Road as areas subject to site plan control, substantially in accordance with the draft site plan control by-law attached as Attachment 1 of the report (January 19, 2010) from the Director, Community Planning, Scarborough District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft site plan control by-law as may be required.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council, in accordance with the delegated approval under By-law 229-2000, be advised that the Chief Planner intends to approve the draft plan of common elements condominium, as generally illustrated on Attachment 1 of the report (December 30, 2009) from the Director, Community Planning, Scarborough District, subject to: 

a.         the conditions as generally listed in Attachment 2 of the report (December 30, 2009) from the Director, Community Planning, Scarborough District, which except as otherwise noted, must be fulfilled prior to the release of the plan of condominium for registration;  and

b.         any such revisions to the proposed condominium plan or any such additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.

2.         City Council enact a part lot control exemption by-law with respect to the subject lands, to be prepared to the satisfaction of the City Solicitor, and that such by-law shall expire two years after it has been enacted.

3.         City Council authorize the City Solicitor to introduce the necessary Bill provided that prior to the introduction of the Bill:

a.         the owner provides proof of payment to the satisfaction of the City Solicitor of all tax arrears and current property taxes for the subject site; and

b.         the owner of the subject lands has registered, satisfactory to the City Solicitor, a Section 118 restriction under the Land Titles Act agreeing not to transfer or mortgage any part of the lands without prior written consent of the Chief Planner or designate.

4.         City Council authorize and direct the appropriate City officials to register the part lot control exemption by-law on title.

5.         City Council authorize the City Solicitor to take the necessary steps to release the Section 118 restriction at such time as the common elements condominium plan has been registered.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission that it has no objection to the issuance of a liquor licence for an outside beer garden for the Highland Creek Heritage Day Festival to be held on Saturday, June 19, 2010, from 11:00 a.m. until 11:59 p.m., in Highland Creek Village in the vicinity of Morrish Road and Old Kingston Road.

2.         City Council, for liquor licensing purposes, advise the Alcohol and Gaming Commission that it has no objection to the issuance of a liquor licence for Wexford Heights BIA to have an outside beer garden for the Taste of Lawrence Festival to be held on Lawrence Avenue East between Warden Avenue and Birchmount Road on the following dates and times:

                         July 2, 2010: 5:00 p.m. – 11:59 p.m.

July 3, 2010: 11:00 a.m. – 11:59 p.m.

July 4, 2010: 12:00 noon – 6:00 p.m.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council confirm Scarborough Community Council’s action in directing the City Solicitor to file an appeal with the Ontario Municipal Board before the February 16, 2010 deadline regarding the Committee of Adjustment decision (file A168/09SC) on 75 Howden Road.

2.         City Council authorize the City Solicitor to attend the Ontario Municipal Board Hearing to uphold the City’s By-law.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council enact the draft by-law from the City Solicitor to permanently close the public lane extending southerly from St. Joseph Street at the rear of 616 to 618 Yonge Street, shown as Part 1 on Draft Reference Plan prepared by R. Avis Surveying Inc. and marked as Drawing No. 2584-OR.DWG.

City Council on February 22 and 23, 2010, adopted the following:

A.        City Council enact the draft-law from the City Solicitor to permanently close portions of Bonnycastle Street and Lake Shore Boulevard East as public highways:

1.         The portion of Bonnycastle Street, described as follows:

                         Part of PIN 21384-0081 (LT)

Being Part of Princess Street Plan 666E Toronto (AKA Bonnycastle Street);  Between Lake Shore Boulevard and Queens Quay, Toronto, designated as Part 2 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66).

2.         The portion of Lake Shore Boulevard East, described as follows:

                         Part of PIN 21092-0256 (LT)

Being Part of Lot 12 Plan 694E Toronto

Known as Lake Shore Blvd East; Between Parliament Street and Lower Sherbourne Street, City of Toronto designated as Part 1 on Plan 66R-24664, City of Toronto Land Titles Division of the Toronto Registry Office (No. 66),

and that Sections 1. and 2. of this By-law not take effect until the moment in time immediately prior to the registration in the appropriate land registry office of a Transfer, by the City of Toronto as transferor, of the lands described in Sections 1. and 2. of this By-law.

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend the Zoning By-law for the lands at 295 Adelaide Street West and 100‑104 John Street substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 of the report dated February 4, 2010, from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Prior to the introduction of Bills, City Council require that the applicant’s Functional Servicing Report and Transportation Impact Study shall be revised to the satisfaction of the Executive Director of Technical Services.

4.         Prior to the introduction of Bills, City Council authorize the introduction of the necessary Bill authorizing the entering into a Heritage Easement Agreement for the relocation of 104 John Street.

5.         Prior to the introduction of Bills, City Council require the applicant to submit a Conservation and Rehabilitation Plan for the relocation and restoration of the heritage building at 104 John Street, prepared by a qualified heritage consultant, to the satisfaction and acceptance of the Manager, Heritage Preservation Services.  The Conservation and Rehabilitation Plan must include the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; and (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised.

6.         Prior to the introduction of Bills, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,300,000.00, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-            streetscape improvements on John Street;

-           design development supporting the John Street streetscape project; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect.

$100,000 of the above cash contribution is to be provided at the enactment of Bills, for the purpose of contributing to design development for the John Street streetscape or one or more Heritage Conservation District studies within the East Precinct of King-Spadina, subject to the appropriate Official Plan Amendment coming into force and effect; $500,000 (indexed) to be provided prior to the issuance of an above-grade building permit; and the remaining $700,000 (indexed) is to be provided prior to the release of the condominium for registration.

b.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

c.         The provision of a publicly accessible landscaped open space on the John Street frontage of the site, with a minimum size of 335 sq. m.

d.         In substantial accordance with the Conservation Plan prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, the owner shall relocate and restore the heritage building at 104 John Street, and in the event of a lesser expenditure than identified in the Conservation Plan, the difference shall be re-directed to Heritage Conservation District studies within the King-Spadina East Precinct.

e.         Prior to Site Plan Approval, the applicant shall provide additional information, based on the proposed Conservation Plan drawings to include documentation substantially in accordance with that outlined in Section 3.2.1 Option A (page 12) of the submitted Conservation Plan, specifically:

i.           a detailed plan to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

ii.          plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services; and

iii.         provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

f.          Prior to the issuance of any building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall:

i.           provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan;

ii.          provide final plans satisfactory to the Manager of Heritage Preservation Services.

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         Prior to Site Plan Approval, provide a program of commemoration/ interpretation of archaeological findings within the context of the site's development, to the satisfaction of the Manager, Heritage Preservation Services.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          A minimum of ten percent (10%) of the residential units in the building will have at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscape drawings will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and the owner will be required to submit 1:50 scale elevation drawings for the podium illustrating materials and finishes to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k.         The owner shall incorporate in the construction of the building, and thereafter maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, received May 4, 2009.

m.        The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as reviewed and accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

n.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

o.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

7.         City Council authorize the appropriate City officials to complete the process to stop up and close the public laneway at the north end of the site.

8.           Prior to the issuance of any below grade permits, including excavation and shoring, the applicant confirm that all archaeological licensing and technical review requirements have been completed to the satisfaction of the City's Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit).

City Council on February 22 and 23, 2010, adopted the following:

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment attached to the Supplementary Report dated February 8, 2010 from the Director, Community Planning, Toronto and East York District, as Attachment No. 1.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         A payment of $500,000.00, when the site-specific by-law allowing the development comes into full force and effect, and indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment.

b.         Provision and maintenance of works of public art in publicly accessible portions of the site, or on lands owned by the City in the vicinity, of a value not less than one percent of the cost of construction of all buildings and structures erected on the site.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

c.         At the sole discretion of the City's Chief Planner and Executive Director, City Planning Division, in consultation with the City's Executive Director, Technical Services, for which the owner shall obtain approval in writing from the Chief Planner prior to the issuance of any site plan approval for any portion of the lot pursuant to Section 114 of the City of Toronto Act, 2006, either:

i.          maintenance of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the "Bay" Toronto Transit Commission subway station; or

ii.         construction, provision and maintenance of a new north-south corridor commencing at the concourse-level connection to the "Bay" Toronto Transit Commission subway station within the building permitted by this By-law and terminating at or near the north-west corner of the lot, together with the construction at the end of the terminus of such corridor of a "knock-out" panel allowing for a simplified connection to a future underground tunnel that may be constructed to connect other lands located further north on Bay Street; or

iii.         such other alternative connection as the owner and the Chief Planner may agree upon in writing, with any such required corridors, connections and "knock-out panel" to be completed prior to the first occupancy of any building erected on the lot subsequent to the enactment of this by‑law.  For the sake of clarity, in the event the owner and the Chief Planner cannot agree on an alternative option as provided in clause iii. herein, the owner shall provide either the option in paragraph i. or ii. as determined in the sole discretion of the Chief Planner.

The owner shall provide a letter of credit to the City prior to the issuance of the first above grade building permit for any portion of the lot in an amount sufficient to secure these requirements, to the satisfaction of the Chief Planner in consultation with the Chief Building Official.

d.         Provision and maintenance of a continuous publicly accessible pedestrian connection from Bay Street, at grade, to the concourse level of the proposed building and connecting to the TTC subway station entrance access below Bay Street.

e.         Construction, provision and maintenance of a continuous publicly accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B and connecting to the below-grade pedestrian connection located below Yonge Street leading to the "Bloor" Toronto Transit Commission subway station.

             f.         Streetscape improvements adjacent to the site.

g.         Approval of architectural plans, elevations and landscape drawings to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and submission of 1:50 scale elevation drawings for the podium illustrating materials and finishes to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

h.         Provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

i.          The provision and maintenance of required wind mitigation measures, as identified in a wind tunnel analysis report submitted by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the incorporation of such measures into the plans and drawings to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

j.          Preparation of a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

k.         Payment of costs associated with the proposed conversion of Cumberland Street to two-way operation, from Bay Street up to the site access driveway, including all costs associated with the functional pavement marking and signing plan as may be approved by the City through site plan approval.

l.          If, prior to the issuance of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, for the lot or any portion thereof, City Council does not authorize the conversion of the portion of Cumberland Street adjacent to the vehicular access driveway proposed on Parcel A from one-way to two-way operation, the owner shall, prior to the issuance of site plan approval and prior to any building permit issuing for any portion of the lot, seek approval for the reconfiguration of the ground floor plan and parking garage of the proposed development so as to relocate the vehicular ingress/egress, or for the implementation of another suitable alternative access scheme, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

4.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

5.         City Council determine that no further notice is required under the Planning Act with respect to this matter.