The Decision Document is for preliminary reference purposes only. Please refer to the Committee’s Report to City Council or to the Minutes for the official record.

 

How to Read the Decision Document:

 

•           Recommendations of the Committee to City Council appear after the item heading

•           Other action taken by the Committee on its own authority, which does not require Council’s approval, is listed in the decision document under the heading "Decision Advice and Other Information" .

•           Declarations of Interest, if any, appear at the end of an item.

 

The Executive Committee recommends that:

 

1.         City Council adopt the Relationship Framework for Heritage Toronto, attached as Appendix 1 contained in the report (September 21, 2009) from the City Manager.

 

2.        City Council  authorize the City Solicitor to introduce the necessary bills to amend Chapter 103; HERITAGE of the Municipal Code of the City of Toronto to implement the Relationship Framework and update the Code, substantially as set out in Appendix 2 of the report (September 21, 2009) from the City Manager.

 

3.         City Council authorize the City Manager to make technical amendments and updates to the Relationship Framework as required from time to time pursuant to Council decisions.

The Executive Committee:

 

1.         Directed the City Manager to submit implementation updates to the Executive Committee on the Auditor General’s recommendations as part of regular annual reports on Human Rights, Employment Equity and the implementation of Access, Equity and Human Rights Action Plans.

 

2.         Referred the update on the implementation of recommendations made by the Auditor General in 2008 (Appendix A) contained in the report (September 21, 2009) from the City Manager, to the Audit Committee.

 

The Executive Committee recommends that:

 

1.         City Council extend congratulations to the following persons and organizations who have been selected as recipients of the 2009 City of Toronto Access Equity and Human Rights Awards:

 

            Aboriginal Affairs Award: Kimberly Murray

            Access Award: John Rae, Birchmount Bluffs Neighbourhood Centre, and

                        Committee for Accessible AIDS Treatment (CAAT),

            Pride Award:    John Campey

            William P. Hubbard Award:  Adrienne Shadd, Paul Nguyen and Scadding

                        Court Community Centre.

 

The Executive Committee recommends  that:

 

1.         City Council direct that the tax related net savings arising from the 2009 labour disruption (estimated at $36.1 million as at September 14, 2009)  be allocated to the 2009 surplus and be utilized for the 2010 Operating Budget.

 

2.         City Council direct that the Solid Waste Management net costs incurred as a result of the 2009 labour disruption (estimated at $4.1 million as at September 14, 2009) be absorbed within the 2009 Solid Waste Approved Operating Budget.

 

3.         City Council direct that  the Toronto Water net savings arising from the 2009 labour disruption (estimated at $1.2 million as at September 14, 2009) be transferred to the Water and Wastewater Stabilization Reserve and utilized for Toronto Water’s 2010 Operating Budget.

 

4.         City Council direct that the final estimated net savings / costs arising from the 2009 labour disruption be reported as part of the 2009 Third Quarter Operating Budget Variance report.

 

5.          City Council direct that a notice explaining the reduction, resulting from the strike, be either inserted in, or printed on the 2010 Property Tax Bill.

 

The Executive Committee  recommends that:

 

1.        City Council determine that the City’s Development Charge By-law has been properly applied.

 

2.         City Council provide Famous People Players, on an exception basis, relief from the payment of applicable development charges for its development at 343 Evans Avenue.

 

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

 

4.        City Council receive the confidential information contained in Attachment 1 of the report (September 23, 2009) from the Deputy City Manager and Chief Financial Officer.

 

5.        City Council determine that the confidential information in Attachment 1 of the report (September 23, 2009) from the Deputy City Manager and Chief Financial Officer, remain confidential in its entirety.

 

The purpose of this report is to provide staff recommendations in response to a complaint filed pursuant to section 20 of the Development Charges Act, 1997.

 

Famous People Players was assessed development charges for its conversion of existing industrial space into a theatre and dining facility. At the request of Famous People Players, Council authorized entering into a Development Charge Late Payment Agreement that allowed for the payment of applicable development charges in 36 interest-free, monthly installments. In view of a variety of circumstances, including the timing of the Famous People Players building permit application and the nature of redevelopment resulting from its conversion of existing space, it is recommended that Council give favourable consideration to the request for relief from the payment of development charges in this instance.

The Executive Committee recommends that:

 

1.         City Council  adopt the confidential recommendation set out in the communication (October 5, 2009) to City Council from the Executive Committee.

 

2.         The recommendation contained in confidential Attachment 1 of the report (September 23, 2009) from the City Solicitor, and the recommendation of the Executive Committee contained in the communication (October 5, 2009) from the Executive Committee, become public once adopted and the remainder of Attachment 1 remain confidential as solicitor-client advice.

 

The Executive Committee recommends that:

 

1.         Council approve the revised major lease and option to lease terms (the “Revised Terms”) substantially as provided in Attachment 4 of the report (September 25, 2009) from the Deputy City Manager, Cluster B.

 

2.         Council grant authority for the City, as Landlord, to enter into a long term lease agreement (the “College Lease”) with The George Brown College of Applied Arts and Technology (the “Tenant”) for that part of the East Bayfront (EBF) Lands shown as Blocks 4 and 5 on Attachment 2 (the “College Lease Lands”) on terms and conditions not materially inconsistent with the major terms and conditions described in the Revised Terms, contained in Attachment 4 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 6 below;

 

3.         Council grant authority for the City, as Grantor, to enter into an option to lease agreement (the “Option Agreement”) with the Tenant for that part of the EBF Lands as shown as Block 3 on Attachment 2 of the report (September 25, 2009) from the Deputy City Manager, Cluster B. (the “Block 3 Lands”) on terms and conditions not materially inconsistent with the major terms and conditions described in the Revised Terms, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor;

 

4.         Council grant authority for the City, as Licensor, to enter into a license agreement or agreements (the “License Agreements”) with the Tenant for any periods of time and for any consideration, including nominal consideration, with respect to the College Lease Lands, the Block 3 Lands, or, with Waterfront Toronto's approval, any other portion of the EBFLands, for the purposes of site mobilization, site preparation, excavation, shoring, surveying, soil investigation, access, construction staging, parking and any other purposes deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, subject to the condition that the Licence Agreement shall prohibit the Tenant from applying for a building permit for any above grade construction until the Tenant has executed and delivered the College Lease (which will be subject to the satisfaction of the requirements of Part 2. of Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus - East Bayfront” previously adopted by Council), all to the satisfaction of the Chief Corporate Officer and in a form satisfactory to the City Solicitor;

 

5.         Council grant authority for the City, as owner of the dockwall on the EBF Lands, to enter into a tie back and shoring agreement or agreements (the “Tie Back and Shoring Agreements”) with the Tenant, Waterfront Toronto, and TEDCO, or any of them, and to enter into any related or ancillary agreement pertaining to the excavation, shoring, or construction of the College Lease Lands or any EBF Lands and the protection of the dockwall, and to execute any consent or other document, all to the satisfaction of the Chief Corporate Officer and in a form satisfactory to the City Solicitor;

 

6.         All of Parts 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 15. 16 and 17. of Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus – East Bayfront” previously adopted by Council at its meeting of December 1, 2, and 3, 2008, as shown in Attachment 3 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., are confirmed by Council except that all references to “Lease” shall mean the “College Lease”, the “Leased Lands” shall mean the “College Lease Lands”, and the date of December 31, 2009 shall be extended to “December 31, 2010”;

 

7.         Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization to extend the three year Option Period described in the Revised Terms from time to time as he deems appropriate, and on such terms and conditions as he deems appropriate, provided the total Option Period shall not exceed a period of 5 years.

 

8.         If the Option under the Option Agreement is exercised, Council grant authority for the City, as Landlord, to enter into a long term lease agreement (the “Block 3 Lease”) with the Tenant substantially on terms and conditions not materially inconsistent with the Revised Terms and the College Lease, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor;

 

9.         If the Block 3 Lease is entered into, all of Parts 2. 3. 4. 5. 8. 9. 10. 11 and 12. of the Executive Committee Item No. EX26.15 “Staff Due Diligence Review of the Proposed George Brown College Campus – East Bayfront” previously adopted by Council at its meeting of December 1, 2, and 3, 2008 shall apply to the Block 3 Lease and the Block 3 Lands in the same manner as they apply to the College Lease and the College Lease Lands;

 

10        Council authorize the public release of the confidential information in Attachment 1 of the report (September 25, 2009) from the Deputy City Manager, Cluster B., upon the completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

 

11.       Council direct the Waterfront Project Director, in consultation with the General   Manager of Parks, Forestry and Recreation and the Director of the Office of Partnerships, that following negotiations regarding a joint GBC/municipal recreation facility, a report be provided to Council on the results of the negotiations and any agreements deemed necessary at that time;

 

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

 

The Executive Committee recommends that:

 

1.         a.         City Council receive the report on the “Actuarial Valuation for Funding Purposes as at December 31, 2008” prepared by Mercer Human Resource Consulting with respect to The Corporation of the City of York Employee Pension Plan.

 

b.         City Council grant authority for City officials to increase the existing special payments of $2,945,530 in 2009 to $3,495,862 in order to fund the additional going-concern and solvency deficiencies which developed in 2008.

 

c.         City Council grant authority for City officials to make interest payments of $9,288 which are required because the increase in special payments will not be processed until November 1, 2009.

 

d.         City Council authorize the appropriate City officials to make special annual payments of $1,066,332 per year for 2010-2012 and $550,332 for 2013 for the going-concern and solvency deficiency.

 

e.         City Council increase the 2009 non-program budget for “Programs funded from Reserve Funds” by $559,620 gross and $0 net, funded by a draw from the Employee Benefits Reserve Fund (XR1002), to accommodate the new special payment requirements resulting from the 2008 Actuarial Valuation for The City of York Employee Pension Plan.

 

f.          City Council authorize the appropriate City officials to take the necessary action to give effect to the foregoing recommendations.

 

 

The Executive Committee recommends that:

 

1          a.         City Council receive the “Report on the Actuarial Valuation for Funding Purposes as at December 31, 2008” prepared by Mercer Human Resource Consulting with respect to the Metropolitan Toronto Police Benefit Fund.

 

b.         City Council grant authority for City officials to increase the existing special payments of $772,200 in 2009 to $5,425,800 beginning on November 1, 2009 in order to fund the solvency deficiency of the Plan based on the 2008 actuarial valuation.

 

c.         City Council grant authority for City officials to make interest payments of $82,660 which is required as the increase in special payments will not be processed until November 1, 2009.

 

d.         City Council a uthorize the appropriate City officials to make special annual payments in the amount of $4,653,600 for the solvency deficiency for years 2010-2013.

 

e.         City Council increase the 2009 non-program budget for “Programs funded from Reserve Funds” by $3,508,460 gross and $0 net, funded by a draw from the Employee Benefits Reserve Fund (XR1002), to accommodate the new special payment requirements resulting from the 2008 Actuarial Valuation for the Metropolitan Police Benefit Fund.

 

f.          City Council authorize the appropriate City officials to take the necessary action to give effect to the foregoing recommendations.

 

 

This report submits the Actuarial Valuation as at December 31, 2008 for the Metropolitan Toronto Police Benefit Fund (MTPBF) and requests additional funding in the form of special annual payments as required under Ontario pension legislation when a plan has a “solvency deficiency”.

 

The 2008 Valuation sets forth the financial position of the Benefit Fund for the year ended December 31, 2008, outlines its solvency deficiency at that date, provides an amortization schedule for eliminating the deficiency within the mandatory five years and recommends no cost-of-living increase for pensioners for 2009.

The Executive Committee recommends that:

 

1.         City Council approve additional carry forward funding for Toronto Public Library for unspent 2008 capital projects totalling $1.126 million as detailed in Appendix 3.1 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, in order to continue work on 2008 approved capital projects.

 

2.         City Council approve carry forward funding for unspent 2007 and prior year capital projects totalling $0.295 million with no incremental increase on the 2009 Council approved debt funding as detailed in Appendix 3.2 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, and that the 2009 Approved Capital Budget be adjusted accordingly.

 

3.         City Council approve closure of the completed capital projects detailed in Appendix 4 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer, and that uncommitted funds from under-spent completed projects be utilized to fund overspent completed projects with no incremental impact on debt, after which any remaining unspent funds be returned to the original funding source.

 

4.         City Council approve the technical adjustments to the 2009 Approved Capital Budget as detailed in Appendices 2.1 and 2.2 of the report (September 15, 2009) from the Deputy City Manager and Chief Financial Officer.

 

The purpose of this report is to provide the City of Toronto 2008 Final Year-end Capital Variance Report, the 2009 Capital Variance for the Six Months Ended June 30, 2009 and projected actual expenditures to December 31, 2009.  Furthermore, the report seeks Council’s approval for in-year budget adjustments, additional 2008 carry-forward funding and project closures. 2008 Final Year-end Capital Variance was prepared using audited accounting information for the year ended December 31, 2008.

 

The 2008 Final Year-End Capital Expenditure totalled $1.754 billion or 69.9% of the 2008 Council Approved Capital Budget of $2.509 billion.  This represents an increase of $0.147 million over the expenditures reported in the 2008 Preliminary Year-End Capital Variance report.  The increase is attributed to final year-end adjustments proposed by the external auditors and final year end transactions processed primarily by TTC and Toronto Water.

 

Capital expenditures for the six months ended June 30, 2009 totalled $592.634 million or 21.5% of the 2009 Approved Capital Budget of $2.752 billion.  Tax Supported Programs spent $392.111 million, representing 18.3% of their collective 2009 Approved Capital Budget of $2.148 billion (see Appendix 1).  City Operations spent $122.592 million or 12.9% of the 2009 Approved Capital Budget of $948.191 million; while Agencies, Boards and Commissions (ABCs) spent $269.519 million or 22.5% of their collective 2009 Approved Capital Budget of $1.2 billion.  In total, Rate Supported Programs spent $200.523 million or 33.2% of their 2009 Approved Capital Budget of $603.744 million (see Chart 1).  This spending pattern is consistent with prior years; typically, capital project activities tend to be concentrated in the latter half of the year; therefore, capital-spending rates will accelerate significantly during the second half of the year, consistent with capital project plans and schedules.

 

As detailed in Appendix 1, projected actual expenditures to year-end are estimated at $2.132 billion or 77.5% of the total 2009 Approved Capital Budget of $2.752 billion.  Tax Supported Programs project spending to year end of 78.1%; while Rate Supported Programs project spending of 75.1% of their total 2009 Approved Capital Budget

 

In accordance with the City’s Carry Forward Policy, this report requests Council’s approval to carry forward funds for unspent 2008 approved capital project budget as well as for 2007 and earlier years’ approved capital projects not previously identified and included in the 2009 Approved Capital Budget.  The additional carry forward funding request totals $1.126 million as detailed in Appendix 3.1 for 2008 approved capital projects; funding for 2007 and prior years approved capital projects totals $0.295 million with no increase to the 2009 Council Approved debt funding as shown in Appendix 3.2.

 

The purpose of this report is to provide City Council with the 2008 Final Year-End Operating Variance which was prepared based on audited accounting information; and to obtain approval for the allocation of the additional 2008 year-end operating surplus.  The report also provides City Council with the 2009 2^nd Quarter Operating Variance for the six-month period ended June 30, 2009 and requests Council’s approval for amendments to the 2009 Council Approved Operating Budget with no change to the Net Operating Budget.

 

The 2008 Final Year-End Operating surplus totals $88.577 million or 2.7 per cent under the 2008 Council Approved Net Operating Budget.  The final year-end surplus exceeds the amount reported in the 2008 Preliminary Year-End Operating Variance by $9.051 million which is primarily attributed to a reduction of $4.8 million of bad debt provisions in Parking Tag Enforcement and Operation; an increase of $1.260 million in Shelter, Support & Housing Administration recovery of overpayments from Toronto Community Housing Corporation; and Toronto Employment & Social Services’ final reconciliation of Ontario Municipal Partnership Fund (OMPF) that has increased OMPF funding by $0.802 million.  It is recommended that the additional 2008 year-end operating surplus be allocated as follows: $0.127 million to the Building Code Act Service Improvement Reserve to meet future legislated performance requirements as provided for in the Building Code Act Section 7 (2);  $0.942 million to the Exhibition Place Conference Centre Reserve Fund to help guarantee repayment of a loan for the new conference centre as approved by City Council; and that the uncommitted balance of $7.982 million be used as a funding source for the 2010 Operating Budget in compliance with the City of Toronto Act Section 228 (5b).

 

Actual net expenditures for the six-month period ended June 30, 2009 were over budget by $2.214 million or 0.2 per cent.  Analysis indicates that the unfavourable results were primarily driven by the impact of the recession on key non-tax revenues.  It is noted that the recession resulted in the underachievement of revenues in Programs such as Toronto Building, City Planning, Municipal Land Transfer Tax (MLTT) and the Toronto Transit Commission (TTC).  The Deputy City Manager and Chief Financial Officer will continue working with Division Heads to explore opportunities to mitigate the impact of these revenue losses.

 

Projections to year-end indicate that the 2009 Council Approved Net Operating Budget will be under-spent by $32.651 million or 0.9 per cent.  The favourable variance projected at year-end will be largely due to a one-time contribution of $20.0 million from the Toronto Parking Authority; higher than budgeted interest and investment earnings of $10.0 million; under expenditures in a number of City Programs resulting from the 2009 labour disruption, to be significantly offset by TTC’s projected passenger and advertising revenue shortfall and revenue losses arising from both the labour disruption and the 2009 recession.  A separate report on the 2009 labour disruption impact on revenues and expenditures will be submitted to the Executive Committee for its October 2, 2009 meeting; however, the final impact will be included in the 2009 3^rd Quarter Operating Variance Report for the Nine-Months Ending September 30, 2009.

 

The Executive Committee recommends that:

 

1.         City Council increase the Shelter, Support and Housing Administration 2009 Approved Operating Budget by $98,676,948 gross and $0 net to reflect the funding of the Social Housing Renovation and Retrofit Program.

 

The Executive Committee recommends that:

 

1.         City Council approve the following adjustments with no net impact to sub-projects within the “Waterfront Revitalization Initiative” Project in the Waterfront Renewal 2009 Approved Capital Budget:

 

               a.      An increase of $3.358 million in 2009 funding for Waterfront Toronto Corporate Costs.

 

             b.        An increase of $7.460 million in 2009 funding for Portlands Preparation.

 

              c.       An increase of $1.887 million in 2009 funding for Sports Fields, Facilities and Parks Development,

 

              d.       An increase of $0.513 million in 2009 funding for Lake Ontario Park (Phase 1).

 

             e.        A decrease of $0.843 million in 2009 funding for Port Union Linear Park.

 

                        f.          A decrease of $0.871 million in 2009 funding for Mimico Linear Park.

 

             g.        A decrease of $9.388 million in 2009 funding for Precinct Implementation Projects.

 

             h.        A decrease of $1.226 million in 2009 funding for Transportation Initiatives.

 

             i.         A decrease of $0.681 million in 2009 funding for the West Don Lands/East Bayfront District Energy.

 

                         j.         A decrease of $0.020 million in 2009 funding for Pier 4 Rehabilitation.

 

             k.         A decrease of $0.055 million in 2009 funding for Urban Planning Resources.

 

             l.         A decrease of $0.134 million in 2009 funding for the Waterfront Project Secretariat.

 

2.         City Council approve that the City act as “Eligible Recipient”, and approve the creation of a new project, entitled “Regional Sports Complex Planning and Design”, in the 2009 Capital Budget for Waterfront Renewal with total funding of $3.511 million ($1.231 million in 2009 and $2.280 million in 2010), fully funded by Waterfront Toronto, which has asked the City to act as an “Eligible Recipient” on its behalf.

 

3.         City Council request staff to report to Council as part of the 2010 capital budget process on total project costs, confirmed and projected project revenues and the critical path for delivery of the Regional Sports Complex.

 

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